DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
The Amendment filed December 10th, 2025 has been entered. Claims 1 and 4-13 have been amended. Claims 14-22 have been added. Claims 2-3 have been canceled. Claims 1 and 4-22 are currently examined herein.
Status of the Rejection
All claim objections, U.S.C. § 102, and U.S.C. § 103 rejections from the previous office action are withdrawn in view of the amendments.
New grounds of claim objection and rejection under 35 § U.S.C 112(b) and 35 § U.S.C 103 are necessitated by the Applicant’s amendments.
Claim Objections
Claims 5 and 17-22 are objected to because of the following informalities:
Claim 5, please amend “comprising: a counter electrode; and a further” to “comprising:
Claims 17-22, please amend “An electrochemical gas sensor according to” to “[[An]] The electrochemical gas sensor according to”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 4-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, the limitation “the recess” in line 12 lacks antecedent basis. Furthermore, it is unclear if “the recess” in line 12 is the same or different to “a recess” recited in line 20. Claims 4-15 are further rejected by virtue of their dependence upon and because they fail to cure the deficiencies of indefinite claim 1.
Regarding Claim 16, the limitation “the recess” in line 12 lacks antecedent basis. Furthermore, it is unclear if “the recess” in line 12 is the same or different to “a recess” recited in line 23 and “the recess” in line 24. Claims 17-22 are further rejected by virtue of their dependence upon and because they fail to cure the deficiencies of indefinite claim 16.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-11, and 13-22 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 2018/0149614 A1, provided in IDS submitted on 09/11/2024) in view of Mett (US 2015/0241382 A1).
Regarding Claim 1, Hansen teaches an electrochemical gas sensor (electrochemical sensor 100, shown in Figs 1 and 2 [paras. 0052, 0078]) comprising:
a housing (body 102 including a cap 106, which forms a chamber 206 [para. 0085]); see Annotated Figure 2 below regarding the housing:
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Annotated Figure 2
with a partition comprising a partition wall dividing the housing (shoulder 202 divides the inner surface of body 102 into a chamber 206, located in an inner housing area, and an outer housing area, as denoted in Annotated Figure 2), into an inner housing area (as illustrated in Annotated Figure 2, inner housing area comprises a portion of separator 120 and sensing electrode 115, forming a chamber 206 when the sensor is closed [para. 0085]) and an outer housing area (as illustrated in Annotated Figure 2, outer housing area comprises a portion of separator 120 and reference electrode 113 when the sensor is closed), in a transverse direction extending in a height direction of the housing (as illustrated in Annotated Figure 2, shoulder 202 extends in the transverse direction and height direction along body 102);
a measuring electrode (sensing electrode 115 in Fig. 2 [para. 0078]);
a counter electrode (counter electrode 111 [para. 0078]);
a reference electrode (reference electrode 113 in Fig. 2 [para. 0078]); and
a hydrophilic membrane (separator 120 [para. 0078]; separator 120 may comprise a glass fiber material [para. 0061]) comprising a membrane arm for receiving the reference electrode (as illustrated in Annotated Figure 2, separating layer 120 extends as a membrane arm to reference electrode 113 from the housing inner area into the housing outer area),
a hold-down device (cap 106 [para. 0085]), wherein the hold-down device is configured to maintain the membrane arm in gas-tight engagement with the recess (cap 106 engages with the body 102 where separator 120 fills opening 208 [para. 0085]; as outlined in [para. 0091], when in operation the separator 120 in opening 208 is in gas-tight engagement).
wherein the measuring electrode and the hydrophilic membrane are arranged in the inner housing area (as illustrated in Annotated Figure 2, sensing electrode 115 and a portion of separator 120 are located in the housing inner area), and
wherein the membrane arm projects from the housing inner area into the housing outer area such that the reference electrode is disposed in the outer housing area (as illustrated in Annotated Figure 2, the membrane arm of separator 120 projects from the housing inner area into the outer housing area, where reference electrode 113 is located),
wherein the partition comprises a recess (opening 208 through which the separator 120 can extend [para. 0085]), wherein the recess is adapted to be in gas-tight engagement with said membrane arm (membrane arm of separator 120 extending from the inner housing area to the outer housing area completely fills the opening 208 to provide the required gas control and prevent voids that can create a gas path [para. 0091]).
Hansen is silent on wherein the measuring electrode, the hydrophilic membrane, and the counter electrode are arranged in a stacked arrangement in the inner housing area.
Mett teaches an electrochemical gas sensor (abstract), and teaches wherein the measuring electrode (working electrode 31 [para. 0043]), the hydrophilic membrane (separating layer 50 [para. 0043]), and the counter electrode (counter electrode 32 [para. 0043]) are arranged in a stacked arrangement (as illustrated in Fig. 2, working electrode 31 and counter electrode 32 are in contact and arranged in a stacked manner on opposite sides of separating layer 50 [para. 0014]).
Hansen and Mett are considered analogous art to the claimed inventions because they are in the same field of electrochemical gas sensors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the gas sensor arrangement of Hansen so that the measuring electrode, the hydrophilic membrane, and the counter electrode are arranged in a stacked arrangement, as taught by Mett, as a stacked electrode arrangement is successful at detecting target gases in a gas stream, such as NH3 (Mett, [para. 0030]). In addition, as the hydrophilic membrane and counter electrode have been rearranged to stacked with the measuring electrode in modified Hansen, the stacked arrangement of modified Hansen is arranged in the inner housing area.
Regarding Claim 4, modified Hansen teaches the electrochemical gas sensor according to claim 1.
Hansen teaches wherein the gas sensor has a pressure equalization opening in an upper surface (vent hole 1802 disposed in cap 1420 [para. 0168]).
Hansen is silent on further comprising a protective electrode, and wherein the protective electrode is disposed between the pressure equalization opening and the measuring electrode.
Mett teaches further comprising a protective electrode (protective electrode 34 [para. 0041]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the gas sensor of Hansen to include a protective electrode, as taught by Mett, as including a protective electrode provides benefits including excess gas not reacted with the working electrode from reaching the counter electrode (Mett, [para. 0027]). In addition, as the protective electrode of modified Hansen can be either disposed between the pressure equalization opening and the measuring electrode or not disposed between the pressure equalization opening and the measuring electrode, it would be obvious to one of ordinary skill in the art to select wherein the protective electrode is disposed between the pressure equalization opening and the measuring electrode, as there are two finite, identifiable locations for the protective electrode in relation to the pressure equalization opening and the measuring electrode. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person of ordinary skill in the art. See MPEP § 2143(E).
Regarding Claim 5, modified Hansen teaches the electrochemical gas sensor according to claim 4.
Hansen teaches further comprising a further hydrophilic membrane (separator 120 includes the hydrophilic membrane as well as a further hydrophilic membrane located on the top side of Annotated Figure 2 around counter electrode 111) comprising a further membrane arm (as illustrated in Annotated Figure 2, counter electrode 111 is on a further membrane arm of separator 120), wherein the counter electrode is arranged on the further membrane arm (as illustrated in Annotated Figure 2, counter electrode 111 is on the further membrane arm of separator 120), and
wherein the further membrane arm and the membrane arm overlap (as illustrated in Annotated Figure 2, the further membrane arm where the counter electrode 111 is arranged, overlaps with the membrane arm containing sensing electrode 115).
Regarding Claim 6, modified Hansen teaches the electrochemical gas sensor according to claim 1.
Hansen teaches a further hydrophilic membrane (separator 120 includes the hydrophilic membrane as well as a further hydrophilic membrane located on the top side of Annotated Figure 2 surrounding counter electrode 111) comprising a further membrane arm (as illustrated in Annotated Figure 2, counter electrode 111 is on a further membrane arm of separator 120), wherein the counter electrode is arranged on the further membrane arm (as illustrated in Annotated Figure 2, counter electrode 111 is on a further membrane arm of separator 120), and
wherein the further membrane arm and the membrane arm overlap (as illustrated in Annotated Figure 2, the further membrane arm where the counter electrode 111 is arranged overlaps with the membrane arm containing sensing electrode 115).
Regarding Claim 7, modified Hansen teaches the electrochemical gas sensor according to claim 6.
Hansen teaches wherein the hydrophilic membrane is a fiber material (typical separators may be formed from fiber sheet material [para. 0123]; separator 120 can comprise a porous membrane such as glass fiber separator [para. 0061]).
Regarding Claim 8, modified Hansen teaches the electrochemical gas sensor according to claim 1.
Hansen teaches wherein the hydrophilic membrane is a fiber material (typical separators may be formed from fiber sheet material [para. 0123]; separator 120 can comprise a porous membrane such as glass fiber separator [para. 0061]).
Regarding Claim 9, modified Hansen teaches the electrochemical gas sensor according to claim 1.
Hansen is silent on wherein the hydrophilic membrane further comprises an additional membrane arm to provide a plurality of membrane arms, wherein each of the plurality of membrane arms projects from the inner housing area into the outer housing area.
However, given that Hansen teaches that separator 120 comprises membrane arms, such as the membrane arm that connects a portion of separator 120 to reference electrode 113 (see Annotated Figure 2), it would have been obvious to modify the hydrophilic membrane of modified Hansen to further comprise further comprises an additional membrane arm to provide a plurality of membrane arms, as adding an additional membrane arm and a plurality of membrane arms is only a duplication of parts, such as for connecting electrodes. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP § 2144.04(VI)(B). In addition, as the membrane arm of Hansen that connects the reference electrode 113 extends from the housing inner area into the housing outer area, it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the plurality of membrane arms to project from the housing inner area into the housing outer area, as adding an additional membrane arm and a plurality of membrane arms to project the plurality of membrane arms from the housing inner area into the housing outer area connects the hydrophilic membrane to other electrodes or components in the electrochemical gas sensor (Hansen, for example connecting reference electrode 113 and counter electrode 111 in Annotated Figure 2).
Regarding Claim 10, modified Hansen teaches the electrochemical gas sensor according to claim 1.
Hansen teaches wherein the reference electrode is integrally formed with the membrane arm (as illustrated in Annotated Figure 2, reference electrode 113 is integrally formed with separator 120; in addition, Hansen further teaches embodiments of the electrochemical sensor include the reference electrode is oriented in the same plane as the separator 120 [para. 0172]).
Regarding Claim 11, modified Hansen teaches an electrochemical gas sensor according to claim 1.
Hansen teaches a gas inlet (inlet opening 140 [para. 0054]).
Hansen is silent on an electrolyte-tight membrane; where the gas inlet is provided in a bottom side;
wherein the electrolyte-tight membrane is arranged between the measuring electrode and the gas inlet.
Mett teaches an electrolyte-tight membrane (protective membrane 41 [para. 0043]); where the gas inlet is provided in a bottom side (first recess 23 forms the gas inlet of the gas sensor 10 [para. 0043]; as illustrated in Figure 2, first recess 23 is located on the bottom side of gas sensor 10);
wherein the electrolyte-tight membrane is arranged between the measuring electrode and the gas inlet (protective membrane 41 is arranged between working electrode 31 and first recess 23 [para. 0043]).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to rearrange the gas inlet of Hansen to be provided on the bottom side and to modify the electrochemical gas sensor to include an electrolyte-tight membrane; wherein the electrolyte-tight membrane is arranged between the measuring electrode and the gas inlet, as taught by Mett, as this configuration of a gas inlet with a protective membrane prevents dust from being deposited and causing disturbances on the working electrode (Mett, [para. 0043]).
Regarding Claim 13, modified Hansen teaches the electrochemical gas sensor according to claim 11.
Hansen is silent on wherein the electrolyte-tight membrane is a hydrophobic membrane.
However, Hansen teaches using a hydrophobic membrane for a vent opening of the electrochemical gas sensor (vent membrane 314, which can serve to allow any gas to pass through but prevent electrolyte can be formed of, for example, PTFE [para. 0056], which is hydrophobic).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the electrolyte-tight membrane of modified Hansen to be a hydrophobic membrane, as taught by Hansen, as a hydrophobic material, such as PTFE, allows gases to pass through but prevents the electrolyte from crossing (Hansen, [para. 0056]).
Regarding Claim 14, modified Hansen teaches the electrochemical gas sensor according to claim 1, and teaches wherein the measuring electrode is in contact with one side of the hydrophilic membrane (as outlined in the claim 1 rejection above, Mett teaches the working electrode 31 and separating layer 50 are in contact in a stacked manner [para. 0014]; illustrated in Figure 2), the counter electrode being in contact with another side of the hydrophilic membrane (as outlined in the claim 1 rejection above, Mett teaches the counter electrode 31 and separating layer 50 are in contact in a stacked manner [para. 0014]; illustrated in Figure 2), the one side of the hydrophilic membrane being opposite the other side of the hydrophilic membrane (hydrophilic membrane has two side, see Figure 2 of Mett).
Regarding Claim 15, modified Hansen teaches the electrochemical gas sensor according to claim 1, and teaches wherein the measuring electrode is arranged with one side of the hydrophilic membrane (as outlined in the claim 1 rejection above, Mett teaches the working electrode 31 and separating layer 50 are in contact in a stacked manner [para. 0014]; illustrated in Figure 2), the counter electrode being arranged on another side of the hydrophilic membrane (as outlined in the claim 1 rejection above, Mett teaches the counter electrode 31 and separating layer 50 are in contact in a stacked manner [para. 0014]; illustrated in Figure 2), the one side of the hydrophilic membrane being opposite the other side of the hydrophilic membrane (hydrophilic membrane has two side, see Figure 2 of Mett).
Regarding Claim 16, Hansen teaches an electrochemical gas sensor (electrochemical sensor 100, shown in Figs 1 and 2 [paras. 0052, 0078]) comprising:
a housing (body 102 including a cap 106, which forms a chamber 206 [para. 0085]); see Annotated Figure 2 below regarding the housing:
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comprising a partition, the partition comprising a partition wall dividing the housing (shoulder 202 divides the inner surface of body 102 into a chamber 206, located in an inner housing area, and an outer housing area, as denoted in Annotated Figure 2), into an inner housing area (as illustrated in Annotated Figure 2, inner housing area comprises a portion of separator 120 and sensing electrode 115, forming a chamber 206 when the sensor is closed [para. 0085]) and an outer housing area (as illustrated in Annotated Figure 2, outer housing area comprises a portion of separator 120 and reference electrode 113 when the sensor is closed), in a transverse direction extending in a height direction of the housing (as illustrated in Annotated Figure 2, shoulder 202 extends in the transverse direction and height direction along body 102);
a measuring electrode (sensing electrode 115 in Fig. 2 [para. 0078]);
a counter electrode (counter electrode 111 [para. 0078]);
a reference electrode (reference electrode 113 in Fig. 2 [para. 0078]); and
a hydrophilic membrane (separator 120 [para. 0078]; separator 120 may comprise a glass fiber material [para. 0061]) comprising a membrane arm for receiving the reference electrode (as illustrated in Annotated Figure 2, separating layer 120 extends as a membrane arm to reference electrode 113 from the housing inner area into the housing outer area),
a hold-down device (cap 106 [para. 0085]), wherein the hold-down device is configured to apply a force to the hydrophilic membrane such that the membrane arm is in gas-tight engagement with the recess (cap 106 engages with the body 102 where separator 120 fills opening 208 [para. 0085]; as outlined in [para. 0091], when in operation the separator 120 in opening 208 is in gas-tight engagement).
wherein the measuring electrode is arranged in the inner housing area (as illustrated in Annotated Figure 2, sensing electrode 115 is located in the housing inner area),
wherein at least a portion of the hydrophilic membrane is arranged in the inner housing area (as illustrated in Annotated Figure 2, a portion of separator 120 are located in the housing inner area), and
wherein the membrane arm extends from the inner housing area into the outer housing area (as illustrated in Annotated Figure 2, the membrane arm of separator 120 projects from the housing inner area into the housing outer area),
wherein a portion of the membrane arm is located in the outer housing area (as illustrated in Annotated Figure 2, the membrane arm of separator 120 projects from the housing inner area into the housing outer area),
wherein the reference electrode is disposed in the outer housing area (as illustrated in Annotated Figure 2, the membrane arm of separator 120 projects from the housing inner area into the housing outer area, where reference electrode 113 is located),
wherein the partition comprises a recess (opening 208 through which the separator 120 can extend [para. 0085]),
wherein the membrane area is in gas-tight engagement with the recess to seal the recess (membrane arm of separator 120 extending from the inner housing area to the outer housing area completely fills the opening 208 to provide the required gas control and prevent voids that can create a gas path [para. 0091]).
Hansen is silent on wherein the measuring electrode, the hydrophilic membrane, and the counter electrode form a stacked arrangement, and wherein the stacked arrangement is located in the inner housing area.
Mett teaches an electrochemical gas sensor (abstract), and teaches wherein the measuring electrode (working electrode 31 [para. 0043]), the hydrophilic membrane (separating layer 50 [para. 0043]), and the counter electrode (counter electrode 32 [para. 0043]) are arranged form a stacked arrangement (as illustrated in Fig. 2, working electrode 31 and counter electrode 32 are arranged in a stacked manner on opposite sides of separating layer 50 [para. 0014]).
Hansen and Mett are considered analogous art to the claimed inventions because they are in the same field of electrochemical gas sensors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the gas sensor arrangement of Hansen so that the measuring electrode, the hydrophilic membrane, and the counter electrode form a stacked arrangement, as taught by Mett, as a stacked electrode arrangement is successful at detecting target gases in a gas stream, such as NH3 (Mett, [para. 0030]). In addition, as the hydrophilic membrane and counter electrode have been rearranged to stack on the measuring electrode in modified Hansen, the stacked arrangement is located in the inner housing area.
Regarding Claim 17, modified Hansen teaches the electrochemical gas sensor according to claim 16.
Hansen teaches wherein the gas sensor has a pressure equalization opening in an upper surface (vent hole 1802 disposed in cap 1420 [para. 0168]).
Hansen is silent on further comprising a protective electrode, and wherein the protective electrode is disposed between the pressure equalization opening and the measuring electrode.
Mett teaches further comprising a protective electrode (protective electrode 34 [para. 0041]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the gas sensor of Hansen to include a protective electrode, as taught by Mett, as including a protective electrode provides benefits including excess gas not reacted with the working electrode from reaching the counter electrode (Mett, [para. 0027]). In addition, as the protective electrode of modified Hansen can be either disposed between the pressure equalization opening and the measuring electrode or not disposed between the pressure equalization opening and the measuring electrode, it would be obvious to one of ordinary skill in the art to select wherein the protective electrode is disposed between the pressure equalization opening and the measuring electrode, as there are two finite, identifiable locations for the protective electrode in relation to the pressure equalization opening and the measuring electrode. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person of ordinary skill in the art. See MPEP § 2143(E).
Regarding Claim 18, modified Hansen teaches the electrochemical gas sensor according to claim 17.
Hansen teaches further comprising a further hydrophilic membrane (separator 120 includes the hydrophilic membrane as well as a further hydrophilic membrane located on the top side of Annotated Figure 2 around counter electrode 111) comprising a further membrane arm (as illustrated in Annotated Figure 2, counter electrode 111 is on a further membrane arm of separator 120), wherein the counter electrode is arranged on the further membrane arm (as illustrated in Annotated Figure 2, counter electrode 111 is on the further membrane arm of separator 120), and
wherein the further membrane arm and the membrane arm overlap (as illustrated in Annotated Figure 2, the further membrane arm where the counter electrode 111 is arranged, overlaps with the membrane arm containing sensing electrode 115).
Regarding Claim 19, modified Hansen teaches the electrochemical gas sensor according to claim 16.
Hansen teaches a further hydrophilic membrane (separator 120 includes the hydrophilic membrane as well as a further hydrophilic membrane located on the top side of Annotated Figure 2 surrounding counter electrode 111) comprising a further membrane arm (as illustrated in Annotated Figure 2, counter electrode 111 is on a further membrane arm of separator 120), wherein the counter electrode is arranged on the further membrane arm (as illustrated in Annotated Figure 2, counter electrode 111 is on a further membrane arm of separator 120), and
wherein the further membrane arm and the membrane arm overlap (as illustrated in Annotated Figure 2, the further membrane arm where the counter electrode 111 is arranged overlaps with the membrane arm containing sensing electrode 115).
Regarding Claim 20, modified Hansen teaches the electrochemical gas sensor according to claim 16, and teaches wherein the measuring electrode is arranged with one side of the hydrophilic membrane (as outlined in the claim 16 rejection above, Mett teaches the working electrode 31 and separating layer 50 are in contact in a stacked manner [para. 0014]; illustrated in Figure 2), the counter electrode being arranged on another side of the hydrophilic membrane (as outlined in the claim 16 rejection above, Mett teaches the counter electrode 31 and separating layer 50 are in contact in a stacked manner [para. 0014]; illustrated in Figure 2), the one side of the hydrophilic membrane being opposite the other side of the hydrophilic membrane (hydrophilic membrane has two side, see Figure 2 of Mett).
Regarding Claim 21, modified Hansen teaches the electrochemical gas sensor according to claim 16.
Hansen is silent on wherein the hydrophilic membrane further comprises an additional membrane arm to provide a plurality of membrane arms, wherein each of the plurality of membrane arms projects from the inner housing area into the outer housing area.
However, given that Hansen teaches that separator 120 comprises membrane arms, such as the membrane arm that connects a portion of separator 120 to reference electrode 113 (see Annotated Figure 2), it would have been obvious to modify the hydrophilic membrane of modified Hansen to further comprise further comprises an additional membrane arm to provide a plurality of membrane arms, as adding an additional membrane arm and a plurality of membrane arms is only a duplication of parts, such as for connecting electrodes. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP § 2144.04(VI)(B). In addition, as the membrane arm of Hansen that connects the reference electrode 113 extends from the housing inner area into the housing outer area, it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the plurality of membrane arms to project from the housing inner area into the housing outer area, as adding an additional membrane arm and a plurality of membrane arms to project the plurality of membrane arms from the housing inner area into the housing outer area connects the hydrophilic membrane to other electrodes or components in the electrochemical gas sensor (Hansen, for example connecting reference electrode 113 and counter electrode 111 in Annotated Figure 2).
Regarding Claim 22, modified Hansen teaches the electrochemical gas sensor according to claim 16.
Hansen teaches wherein the reference electrode is in contact with the membrane arm (as illustrated in Annotated Figure 2, reference electrode 113 is integrally formed with separator 120; in addition, Hansen further teaches embodiments of the electrochemical sensor include the reference electrode is oriented in the same plane as the separator 120 [para. 0172]).
Claim 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen and Mett, as applied to claim 11 above, and in view of Yang (Moisture-resistant, stretchable NOx gas sensors based on laser-induced graphene for environmental monitoring and breath analysis, Microsystems & Nanoengineering, 2022, 1-12).
Regarding Claim 12, modified Hansen teaches the electrochemical gas sensor according to claim 11.
Hansen is silent on wherein the electrolyte-tight membrane has a thickness of not more than 10 µm.
Yang teaches an electrochemical gas sensor using a novel gas permeable electrode (abstract), and teaches wherein the electrolyte-tight membrane has a thickness of 10 µm (semipermeable PDMS membrane with a thickness of 10 µm is applied [second para. col. 2., page 2]).
Hansen and Yang are considered analogous art to the claimed inventions because they are in the same field of electrochemical gas sensors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the electrolyte-tight membrane of modified Hansen to have a thickness 10 µm, as taught by Yang, as a membrane of this thickness provides moisture resistant properties to the electrochemical gas sensor (Yang, [second para. col. 2, page 2]).
Response to Arguments
Applicant's arguments, see Remarks pgs. 9-12, filed 12/10/2025, with respect to the 35 U.S.C 102 and 35 U.S.C 103 rejections and amended claims have been fully considered.
Applicant’s Argument #1:
Applicant traverses the 35 U.S.C 102 rejections of claims 1-3, 6-8, and 10 under primary reference Hansen as Hansen does not teach or suggest a measuring electrode, a hydrophilic electrode, and a counter electrode that are arranged in a stacked manner. In addition, Hansen does not teach the measuring electrode and counter electrode are arranged in an inner housing area, and also does not include a hold-down device.
Examiner’s Response #1:
Applicant’s arguments have been fully considered, but are moot in view of the new grounds of rejection above.
Applicant’s Argument #2:
Applicant traverses on page 11 that Hansen does not comprise an additional membrane arm to provide a plurality of membrane arms, and that Hansen does not provide any disclosure as to why it would be advantageous to use a plurality of membrane arms as claimed.
Examiner’s Response #2:
Applicant’s arguments have been fully considered, but are not persuasive. As adding an additional membrane arm and a plurality of membrane arms is only a duplication of parts, such as for connecting electrodes. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP § 2144.04(VI)(B).
Applicant’s Argument #3:
Applicant has added new claims 14-22, with independent claim 16 providing features similar to those in amended claim 1, but using different claim language.
Examiner’s Response #3:
Applicant’s arguments have been fully considered, but are moot in view of the new grounds of rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/R.L.G./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795