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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 5 are rejected under 35 U.S.C. 103 as being unpatentable over Wille (US 20100020849 A1) in view of Ellis et al (US 20050092078 A1).
Regarding claim 1, Wille discloses in figures 1a-4 an air flow measurement unit (temperature sensing device) for an air flow compensated room temperature transmitter (temperature sensing element), the air flow measurement unit (temperature sensing device) comprises a known mass (40), at least one resistive heating element (heat producing component); at least one heat sink (copper); the at least one resistive heating element (heat producing component) is configured to heat the known mass (40) to an elevated temperature (para [0012]). Wille fails to explicitly disclose a thermistor; data transmission means configured to transmit a resistance signal; configured to measure temperature; during cooling for calculation of a cooldown time; based on the measured resistances.
Ellis teaches a thermistor (105); data transmission means configured to transmit a resistance signal (para 17); configured to measure temperature (para [0027]); during cooling for calculation of a cooldown time (para [0030]); based on the measured resistances (para [0042]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to modify Wille’s temperature sensing device by incorporating a thermistor as taught by Ellis because this will increase the sensitivity of the temperature sensing device, it will provide overheat protection and a better temperature sensing system.
Regarding claim 2, the combination of Wille and Ellis discloses an air flow measurement unit (temperature sensing device) wherein the cooldown time (Fig.4; Ellis) is the time of cooling (Fig.4; Ellis) of the mass (40) from a first temperature of the elevated temperature to a second temperature of the elevated temperature (para [0016] and [0019] - [0026]; Ellis).
Regarding claim 5, the combination of Wille and Ellis discloses an air flow measurement unit (temperature sensing device), wherein the resistance (para [0005]) of the thermistor (105; Ellis) is measured using a resistance measurement circuit (Fig.1), a voltage divider (Fig.1), a current measurement circuit (Fig.1), or combination of these (Para [0046]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wille in view of Ellis et al and in further view of Yamada (US 6209402 B1).
Regarding claim 4, the combination of Wille and Ellis discloses an air flow measurement unit (temperature sensing device), wherein the at least one resistive heating element (heat producing component). Wille and Ellis fail to explicitly disclose is at least one heating resistor.
Yamada teaches one heating resistor (20).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Wille as modified temperature sensing device with a heating resistor as taught by Yamada because this will provide a more precise and controllable heating.
Claims 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wille in view of Ellis et al and in further view of Hofer (EP 2899519 A1).
Regarding claim 6, the combination of Wille and Ellis discloses an air flow compensated room temperature transmitter (temperature sensing element), the air flow compensated room temperature transmitter (temperature sensing element) comprises a housing (housing; see Fig.2), and inside the housing (housing; see Fig.2); an air flow measurement unit (temperature sensing device); resistance data (Abstract; Ellis) of the air flow measurement unit (temperature sensing device) for determining a cooldown time of the known mass (40) of the air flow measurement unit (temperature sensing device) based on temperature values defined based on the measured resistance of the thermistor (105) and an air flow compensated ambient temperature of the air flow compensated room temperature transmitter (temperature sensing element); and the cooldown time (Fig.4) of the known mass (40). Wille and Ellis fail to explicitly disclose a main temperature sensor, a secondary temperature sensor, a computing device configured to receive and process temperature data; which air flow compensated ambient temperature is calculated based on the readings of the main and secondary temperature sensors.
Hofer teaches a main temperature sensor (10), a secondary temperature sensor (11), a computing device configured to receive and process temperature data (para [0032]); air flow compensated ambient temperature is calculated based (para [0030]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Wille as modified temperature sensing element with the two sensors as taught by Hofer because this will provide a more accurate temperature reading.
Regarding claim 10, the combination of Wille and Ellis discloses an air flow compensated room temperature transmitter (temperature sensing element), wherein the air flow compensated room temperature transmitter (temperature sensing element) also comprises a display (6; Hofer) for displaying the air flow compensated ambient temperature or air flow amount or means for receiving user inputs (para [0017] and [0022]).
Allowable Subject Matter
Claims 3, 7-9, 11-16 are allowed.
claims 3, 7-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claim.
Regarding claims 12 and 15, the prior art fails to explicitly disclose transmitting the measured resistances to a computing device for determining a cooldown time of the known mass for determination of an air flow corrected ambient temperature of the air flow compensated room temperature transmitter and calculating an air flow corrected ambient temperature of the air flow compensated room temperature transmitter based on the cooldown time and temperature data in combination with the remaining limitations of the claim.
The remaining claims are allowable due to their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIREILLE SANDRA SADATE-MOUALEU whose telephone number is (571)272-2862. The examiner can normally be reached Mon-Fri 0730-1700.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIREILLE S SADATE-MOUALEU/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
Prosecution Insights