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 .
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive for the following reasons:
In response to Applicant’s argument regarding the use of Guan, the Examiner disagrees. While the Examiner does acknowledge that Guan states that the sensors are in a flow line segment and the portion of the flow path that does not have sensors is called the bypass flow line within the specification of Guan, the Examiner does not agree that this directly teaches away from utilizing Guan to modify the combined teachings to have a differential pressure sensor in a measurement channel separate from the main channel. The term “bypass” is relative based on what an observer determines is being bypasses. Within the context of Guan, the bypass flow line bypasses the sensors and therefore would be considered a bypass channel relative to the flow path with the sensors. However, the channel with the sensors could also be considered a bypass flow path that bypasses the flow path without sensors. The Examiner utilizes Guan to show the general concept of having two channels split from one another, each bypassing the other, one with the differential pressure sensor and one without. In combination with the primary reference, Guan provides motivation as to why one of ordinary skill would be motivated to provide a separate channel with the differential pressure sensor and to have a flow switching apparatus to switch between each channel. Therefore, Guan does teach of a bypass channel for housing the differential pressure sensor as it would bypass the channel without the sensor. Therefore, the rejection of claim 1 is maintained.
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) 1-3, 7-12 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 20210212269 A1) in view of Spreitzer (US 20080178947 A1) and Guan (US 20150168956 A1).
Regarding claim 1, Park teaches of:
A volumetric-flow controller configured for air-conditioning and ventilation systems, for adjusting a control flap which is movably mounted within a flow channel, the volumetric-flow controller comprising (Figs. 1-2, 80 controls 11):
wherein at least one air quality sensor for measuring an air quality prevailing in the flow channel and for outputting a corresponding electrical measurement signal is arranged in the measurement channel, and the control unit is configured to electrically activate the flap drive also in dependence on the electrical measurement signal outputted by the at least one air quality sensor (Fig. 2, 80 receives an input from the plurality of air quality sensors 50 to control the outdoor air damper 11).
Park fails to explicitly teach:
a measurement channel having a channel inlet and a channel outlet for connection to the flow channel in order to form a separate bypass channel branched from the flow channel, wherein the channel inlet and channel outlet of the separate bypass channel is downstream of the control flap;
a differential pressure sensor arranged in the measurement channel configured for measuring a differential pressure prevailing in the flow channel and configured for outputting a corresponding electrical measurement signal; and
a control unit configured for electrically activating a flap drive in dependence on the electrical measurement signal outputted by the differential pressure sensor in order to set a desired volumetric flow rate in the flow channel
Spreitzer teaches of:
a differential pressure sensor arranged in the flow channel configured for measuring a differential pressure prevailing in the flow channel and configured for outputting a corresponding electrical measurement signal (Fig. 2, 5 is a differential pressure sensor that measured differential pressure within flow channel 3 and is electrically connected to controller 6 and therefore must output some form of electrical measurement signal to 6); and
a control unit configured for electrically activating a flap drive in dependence on the electrical measurement signal outputted by the differential pressure sensor in order to set a desired volumetric flow rate in the flow channel (¶ [0019], a control unit 6 that adjusts the actuator 4 in dependence on the pressure measured by the differential pressure sensor 5 for adjusting a desired differential pressure, i.e. a desired volume flow, that is stored in the control unit 6, in the flow channel 3)
The primary reference can be modified to meet this/these limitation(s) as follows:
add a differential pressure sensor to the system of Park located immediately adjacent the plurality of air quality sensors 50, further include a parameter switch that a user can interact with to the system of Park so that a user can input a desired air volume amount and further connect the controller of Park to the differential pressure sensor and the parameter switch so that the controller of Park can receive the differential pressure sensor’s electrical measurement signals and control the damper 11 of Park based on the signals to match a desired air volume flow amount through the system
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the amount of air volume flowing through the damper to be controlled by a user (Park ¶ [0019], Towards this end, the volume flow control system 1 comprises an actuator 4 for pivoting the butterfly valve 2, a differential pressure sensor 5 for measuring a differential pressure that prevails in the flow channel 3, a control unit 6 that adjusts the actuator 4 in dependence on the pressure measured by the differential pressure sensor 5 for adjusting a desired differential pressure, i.e. a desired volume flow, that is stored in the control unit 6, in the flow channel 3.)
Guan teaches of:
a measurement channel having a channel inlet and a channel outlet for connection to the flow channel in order to form a separate bypass channel branched from the flow channel, wherein the channel inlet and channel outlet of the separate bypass channel is downstream of the control flap (Fig. 3C, 306 is a measurement channel with an inlet at 305 and an outlet at the connection between 306 and 307);
a differential pressure sensor arranged in the measurement channel (¶ [0051], One skilled in the art would appreciate that different types of mass flow sensors are available and can be used with embodiments of the invention, such as thermal type mass flow sensors or differential pressure type flow sensors. With differential pressure type mass flow sensors, which use a differential pressure sensor to measure .DELTA.P across a well defined flow resistor to derive a volumetric flow rate based on the .DELTA.P and the characteristics of the flow resistor, the pressure sensors 309b shown in FIG. 3C may not be needed. Instead, the differential pressure sensor may be used for this purpose.)
The combined teachings can be modified to meet this/these limitation(s) as follows:
Add a bypass measurement duct to 10 of Park and position all of the sensors of the combined teaching within the duct, further provide a flow switching valve at the inlet to the duct and have the bypass measurement duct positioned at the location of the of the sensors 50 in Park so that it is downstream from 11
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
Positioning sensors within a separate measurement duct which can selectively receive air flow allows for the sensors within the measurement duct to calibrate their zero settings (Guan, ¶ [0019], A method in accordance with one embodiment of the invention may include the following steps: controlling the switching valve such that a gas flows through the second flow line and bypasses the mass flow sensor; measuring a zero-flow signal using the mass flow sensor while the gas flows through the second flow line; and updating a zero-offset of the mass flow controller based on the zero-flow signal. In some embodiments, the method may hold the outlet flow rates substantially constant during the auto-zero processes, which may be accomplished by a signal sent from the control electronics (i.e., the control device) to the proportional valve.)
Regarding claim 2, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, and the combined teachings further teach:
wherein the at least one air quality sensor is arranged in the measurement channel in series with the differential pressure sensor (See combination made in the rejection of claim 1 above, all of the outdoor air sensors within the combined teachings are placed in series within a measurement channel).
Regarding claim 3, the combined teachings teach of the volumetric-flow controller as claimed in claim 2, and the combined teachings further teach:
wherein the at least one air quality sensor is arranged in the measurement channel between the channel inlet and the differential pressure sensor or between the differential pressure sensor and the channel outlet (the air quality sensors would have to be either between the inlet and the differential pressure sensor or the outlet and the differential pressure sensor since the sensors are arranged in series and a differential pressure requires a flow orifice to work, preventing the arrangement of the air quality sensor from being above or below the differential pressure sensor)
Regarding claim 7, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, and the combined teachings further teach:
wherein the at least one air quality sensor is a CO2 sensor or a VOC sensor (Park, Fig. 1, 53 is a CO2 sensor).
Regarding claim 8, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, and the combined teachings further teach:
wherein a plurality of different air quality sensors are arranged in the measurement channel (see combination made in the rejection of claim 1 above, all of the outdoor sensor of Park and the differential pressure sensor of Spreitzer are arranged in the measurement channel of Guan)
Regarding claim 9, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, and the combined teachings further teach:
wherein the at least one air quality sensor is electrically connected to the control unit (Park, Fig. 2, 53 is electrically connected to 80)
Regarding claim 10, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, however, the combined teachings fail to explicitly teach:
wherein the at least one air quality sensor is electrically connected to the control unit by means of a cable.
However, a person of ordinary skill in the art prior to the effective filing date of the claimed invention would have found it obvious to modify the connection of the air quality sensor to the control unit to be via a cable as such a connection is well-known and common knowledge within the art and is "capable of such instant and unquestionable demonstration as to defy dispute." (see MPEP 2144.03)
Regarding claim 11, the combined teachings teach of the volumetric-flow controller as claimed in claim 10, however, the combined teachings fail to explicitly teach:
wherein the differential pressure sensor is fastened to a circuit board of the control unit and is electrically connected thereto, and the at least one air quality sensor is electrically connected to the circuit board.
However, a person of ordinary skill in the art prior to the effective filing date of the claimed invention would have found the above limitation obvious based upon the following rationale:
It has been found that when the only difference between the claimed invention and the prior art is the position of the part within the system, and the position of the part is not critical to the functionality of the invention, then the simple rearrangement of the parts within the prior art to match the claimed invention is obvious (see MPEP 2144.04.VI.C). In the instant case, the combined teachings fail to teach that the differential pressure sensor is fastened to a circuit board of the control unit. While inherently within the system of the combined teachings there must be a circuit board somewhere within the system, the exact position is not specified. Therefore, based on the above rationale, a person of ordinary skill in the art could have rearranged the circuit board within the combined teachings so that it is fixed to the differential pressure sensor.
Regarding claim 12, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, and the combined teachings further teach:
wherein the measurement channel is carried on a cover part which has on an outer side the channel inlet and the channel outlet and on an inner side the differential pressure sensor and the air quality sensor (see combination made in the rejection of claim 1 above and Fig. 3A-C of Guan, the duct of Park in Fig. 1 was modified to have a measurement channel branched from the main channel and therefore would have a cover part formed as the portion of the measurement channel that is closest and parallel to the main channel with the inlet and outlet arranged on its outer side and the sensors arranged on its inner side)
regarding claim 14, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, and the combined teachings further teach:
wherein the volumetric-flow controller also comprises the flap drive (Park, Figs. 1-2, 11; ¶ [0048], The control unit 80 controls the operations of the outdoor air damper 11; the damper of 11 has flaps and must have a drive in order to be controlled by the control unit 80 which uses electrical signal)
Regarding claim 15, the combined teachings teach of:
An assembly comprising the flow channel, the control flap which is movably mounted within the flow channel and the volumetric-flow controller as claimed in claim 1 which is connected to the flow channel by its channel inlet and its channel outlet in order to form a separate bypass channel branched from the flow channel, and the flap drive which is electrically activated by the control unit for moving the control flap in dependence on the electrical measurement signals outputted by the differential pressure sensor and by the at least one air quality sensor (see combination made in the rejection of claim 1 above, the damper 11 of Park is movably mounted within the flow channel and the volumetric-flow controller of claim 1 has an inlet and outlet to form a bypass channel with the sensors of the combined teachings positioned within it and Park further teaches of controlling 11 based upon sensor input).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 20210212269 A1) in view of Spreitzer (US 20080178947 A1) and Guan (US 20150168956 A1) as presented in claim 1, and in further view of Renninger (US 20120048005 A1).
Regarding claim 4, the combined teachings teach of the volumetric-flow controller according to claim 1, however, the combined teachings fail to explicitly teach:
wherein the at least one air quality sensor has a sensor surface which is arranged in the measurement channel parallel or approximately parallel to the direction of flow of the air flowing past the sensor surface.
Renninger teaches of:
wherein the at least one air quality sensor has a sensor surface which is arranged in the measurement channel parallel or approximately parallel to the direction of flow of the air flowing past the sensor surface (Figs. 2-4, sensor 130 has a surface that is parallel to the flow of air 162).
The combined teachings can be modified to meet this/these limitation(s) as follows:
modify the air quality sensor within the combined teachings to be housed within the apparatus of Renninger so that the air quality sensor is attached to a circuit board and positioned in the measurement channel so that it is parallel to the flow of air through the channel
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would reduce the flow resistance over the sensor (Renninger, ¶ [0011], The sensor chip is accommodated in a sensor carrier that extends into the channel. By being accommodated, one may understand, in this instance, an accommodation, for example, on a surface of the sensor carrier and/or an accommodation in a recess of the sensor carrier, as is known from the related art, the accommodation being able to take place in such a way, for example, that the sensor surface of the sensor chip is able to have the flowing fluid medium flowing over it. Any structure comes into consideration as the sensor carrier which supplies the required mechanical stability for holding the sensor chip essentially at a fixed location within the channel. This sensor carrier may be designed as a flat, disk-shaped element having any cross section, so that the flat side of this sensor carrier points counter to the flow, and offers a comparatively low flow resistance.)
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 20210212269 A1) in view of Spreitzer (US 20080178947 A1) and Guan (US 20150168956 A1) as presented in claim 1, and in further view of Khan (US 20090185597 A1).
Regarding claim 5, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, however, the combined teachings fail to explicitly teach:
wherein the measurement channel has on a straight measurement channel portion a wall recess in which the at least one air quality sensor is arranged.
Khan teaches of:
wherein the measurement channel has on a straight measurement channel portion a wall recess in which the at least one air quality sensor is arranged (Fig. 4, wall 46 has a recess in which the sensor 10 is positioned)
The combined teachings can be modified to meet this/these limitation(s) as follows:
modify the connection of the air quality sensor of Park so that it is installed in the a recess of the measurement channel wall in the same way the sensor of Khan is installed
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would secure the sensor in place, ensuring that it does not come loose in the system (Khan, ¶ [0007], The sensor assembly is of a compact size and unitary construction that incorporates the sensor and retainer in a single part that is easily and speedily installed in an air duct. Retention of the sensor assembly in the thickness of the duct wall is exceptionally reliable. The assembly is engaged with the inner and outer surfaces of the duct wall with a tight fit that prevents inadvertent displacement of the assembly relative to the duct.)
Regarding claim 6, the combined teachings teach of the volumetric-flow controller as claimed in claim 5, and the combined teachings further teach:
wherein the at least one air quality sensor is sealed in the wall recess by means of a seal (Khan, Fig. 4, elastic ribs 14 are in contact with the recess of the wall and therefore would seal the sensor)
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 20210212269 A1) in view of Spreitzer (US 20080178947 A1) and Guan (US 20150168956 A1) as presented in claim 1, and in further view of Klein (US 5844148 A).
Regarding claim 13, the combined teachings teach of the volumetric-flow controller as claimed in claim 1, however, the combined teachings fail to explicitly teach:
wherein the measurement channel is carried on a cover part, being a plate-shaped cover part, which has on an outer side the channel inlet and the channel outlet and on an inner side the differential pressure sensor and the air quality sensor.
Klein teaches of:
wherein the measurement channel is carried on a cover part, being a plate-shaped cover part, which has on an outer side the channel inlet and the channel outlet and on an inner side the differential pressure sensor and the air quality sensor (Fig. 2, cover 24 has an inlet 50 and outlet 60 on its outer side and a sensor 86 on its inner side).
The combined teachings can be modified to meet this/these limitation(s) as follows:
Replace the measurement channel of Guan with the measurement channel of Klein
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
The housing of Klein allows for air to be sampled from the entire width of the air stream through the main channel, allowing for more accurate air quality data (Klein, Col. 3, lines 4-7, The components of the sampling tube assemblies of the present invention provide for a spaced-apart location of sampling ports to provide an accurate assessment of the presence of smoke or other constituents within a duct.)
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST.
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, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762