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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-10, in the reply filed on 9/26/25 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/26/25.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 4, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stine et al. (U.S. 2022/0041973, hereafter referred to as Stine).
Regarding claim 1, Stine teaches a first assembly coupled to a second assembly (see figure 48), and a sensor assembly (DO) provided in the second assembly, wherein the sensor assembly includes an oxygen sensor.
Regarding claim 3, Stine further teaches wherein sensor assembly further comprises a sensor printed circuit board (PCB) coupled to the oxygen sensor (see figure 46).
Regarding claim 4, Stine further teaches wherein the sensor assembly is coupled to base assembly through a gasket provided between a bottom surface of the oxygen sensor and the base assembly (see figures 31A, 31B; see para. 0229).
Regarding claim 10, Stine further teaches wherein a seal is provided in between the housing assembly and the base assembly (see para. 0294, ‘The first and second parts of the housing may be connected using either a compression fit (e.g. an O-ring plus a mechanical coupler such as a bayonet connector) or using a combination of adhesive (e.g. an epoxy) and/or sealant (e.g. silicone)’).
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.
Claim(s) 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Stine.
Regarding claim 6, Stine further comprising a battery assembly, and is enclosed by the housing assembly when the purge gas monitor is assembled (see figure 46).
However, Stine does not explicitly teach wherein the battery assembly is provided above the sensor assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Stine since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 7, Stine further teaches wherein the battery assembly further comprises a carrier for receiving a batter therein; a first printed circuit board (PCB) provided on a first exterior surface of the carrier; and a second PCB provided on a second exterior surface of the carrier (see para. 0294; see figure 47).
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Stine in view of Tominaga (U.S. 2005/0140943).
Regarding claim 2, Stine teaches all the claimed limitations except wherein the housing has a lens.
Tominaga teaches a housing in the field of oxygen detection/monitoring, comprising a lens 102 coupled to a top end of the housing
Allowable Subject Matter
Claims 5, 8 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMEL E WILLIAMS whose telephone number is (571)270-7027. The examiner can normally be reached Monday-Thursday 10am-4pm.
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/JAMEL E WILLIAMS/ Primary Examiner, Art Unit 2855