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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant's election of Group I, Species 1, and Species (a) without traverse in the reply filed on 01/07/2026 is acknowledged. Claims 1-8 and 12-13 are examined. Remaining claims directed to Group II , and non-elected species are withdrawn1.
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.
Claim 6 is 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.
Claim 6 recites “wherein the channel wall is configured to extend to a range where a pressure wave which occurs along with the generation of the bubble reaches.” And it is not clear what it means. Does it mean range of size and length or width of channel wall or what? what it means by “pressure wave which occurs along with the generation of the bubble reaches”? what is pressure wave which occurs along with the generation of the bubble ? and pressure wave reaches to what? The claim is so unclear that it precludes a reasonable search for prior art.
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.
Claims 1 , 3, 4-5, 7-8, 13 are rejected under 35 U.S.C. 103 as being unpatentable over KANO2, JP2007017207A in view of Imanaka, US 20210129041 A1 and Miguet, Jonas, Florence Rouyer, and Emmanuelle Rio. "The life of a surface bubble." Molecules 26.5 (2021): 1317.
Claim 1
KANO in e.g., figs. 1-7 teaches:
A liquid viscosity measurement device 100 for measuring a viscosity of a liquid (at least Abstract), the liquid viscosity measurement device comprising:
a substrate (1);
a channel (10,6) configured to be installed on the substrate (1) so that the liquid flows through the channel (10,6);
a heating element (electrothermal transducer 2) configured to generate a bubble (8) in the liquid inside the channel (10,6);
a deriving unit (fig.5A elements 101 to 107) configured to derive the viscosity of the liquid by specifying a bubble 8 from generation to disappearance of the bubble 8 , so that the viscosity of the liquid is derived based on the bubble 8 (at least Abstract).
KANO does not specifically teach:
a sensor configured to be placed in a vicinity of the heating element so as to measure a temperature; and
a deriving unit configured to derive the viscosity of the liquid by specifying a bubble disappearance time period from generation to disappearance of the bubble based on a change in temperature obtained by use of the sensor, so that the viscosity of the liquid is derived based on the bubble disappearance time period.
Regarding limitation 1
In the similar field of endeavor, Imanaka in e.g., figs.16A,16B teaches a sensor 1610 configured to be placed in a vicinity of the heating element 10 so as to measure a temperature.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Imanaka‘s temperature sensor in a vicinity of the heating element for KANO’s viscosity measurement device so as to measure a temperature. One of ordinary skill in the art knows the viscosity is correlated to the temperature and would have been motivated to determine viscosity of fluid knowing the temperature in which viscosity is determined.
Regarding limitation 2
In the similar field of endeavor, Miguet teaches to derive the viscosity of the liquid by specifying a bubble disappearance time period from generation to disappearance of the bubble (at least fig.7 ( c ), is plot of bubble lifetime vs viscosity and related citations in section 5. Bubble lifetime and related disclosed theory) , so that the viscosity of the liquid is derived based on the bubble disappearance time period (bubble life time t as cited in the plot of fig.7 c is correlated to a parameter that contains and scales with viscosity characteristics as a key term3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Miguet‘s specifying a bubble disappearance time period from generation to disappearance of the bubble so that the viscosity of the liquid is derived based on the bubble disappearance time period for the modified KANO‘s liquid viscosity measurement device with Imanaka’s temperature sensor and the modified KANO’s deriving unit configured to derive the viscosity of the liquid by specifying a bubble disappearance time period from generation to disappearance of the bubble based on a change in temperature obtained by use of the modified KANO’s sensor, so that the viscosity of the liquid is derived based on the modified KANO’s bubble disappearance time period. One of ordinary skill in the art knows bubbles are present in many industrial processes motivated many theoretical, numerical and experimental works (e.g., Miguel Abstract) would have been motivated to make this modification in order to study entire life of bubble and derive different correlations which correlate bubble paraments to these characteristics to be used in industrial applications (Miguel Abstract and page 2 first paragraph). Furthermore, based on MPEP 2143 (C), courts have ruled that Use of known technique (Miguet’s known correlation between bubble lifetime to fluid properties such as viscosity parameters) to improve similar devices (KANO’s device to measure viscosity) in the same way is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Claim 3
KANO combined with Imanaka and Miguet teaches the liquid viscosity measurement device according to claim 1, Miguet teaches wherein the deriving unit is configured to derive the viscosity of the liquid by referring to a table in which a bubble disappearance time period and a viscosity are associated with each other (the bubble lifetime and viscosity related parameter on fig.7 c broadly reads on this limitation and the combination teaches this limitation based on obviousness for the same reason and motivation cited above).
Claim 4
KANO combined with Imanaka and Miguet teaches the liquid viscosity measurement device according to claim 1, Miguet teaches wherein the deriving unit is configured to calculate the viscosity of the liquid by use of a relational equation which represents a relation between a bubble disappearance time period and a viscosity (the bubble lifetime and viscosity related parameter on fig.7 c broadly reads on this limitation and the combination teaches this limitation based on obviousness for the same reason and motivation cited above).
Claim 5
KANO combined with Imanaka and Miguet teaches the liquid viscosity measurement device according to claim 1, Imanaka in fig.16B teaches further comprising a channel wall (1620) on a surface facing the heating element 10 so that the channel (with W) is sandwiched between the channel wall 1620 and the heating element 10. Examiner adds that it has been held that a mere rearrangement of element without modification of the - operation of the device involves only routine skill in the art. in re Japiske, 86 USPQ 70 (CCPA 1950). In this case, there is absolutely no criticality to the limitations related to the arrangement of heating element and channel wall.
Claim 7
KANO combined with Imanaka and Miguet teaches the liquid viscosity measurement device according to claim 1, Imanaka further teaches wherein the sensor 1610 is configured to be placed on the substrate. Examiner adds that it has been held that a mere rearrangement of element without modification of the - operation of the device involves only routine skill in the art. in re Japiske, 86 USPQ 70 (CCPA 1950). In this case, there is absolutely no criticality to the limitations related to the arrangement of heating element and channel wall and sensor.
Claim 8
KANO combined with Imanaka and Miguet teaches the liquid viscosity measurement device according to claim 7, Imanaka further teaches wherein, on the substrate, the heating element 10 is configured to be laminated closer to the channel (not labeled but shown with water W and bubble 13) than the sensor 1610 is. Examiner adds that it has been held that a mere rearrangement of element without modification of the - operation of the device involves only routine skill in the art. in re Japiske, 86 USPQ 70 (CCPA 1950). In this case, there is absolutely no criticality to the limitations related to the arrangement of heating element and channel wall and sensor.
Claim 13
KANO combined with Imanaka and Miguet teaches the liquid viscosity measurement device according to claim 5, Imanaka further wherein the sensor 1610 is configured to be placed on the channel wall 1620 for the same reason as cited above.
Claim 12 rejected under 35 U.S.C. 103 as being unpatentable over KANO, JP2007017207A in view of Imanaka, US 20210129041 A1 and Miguet, Jonas, Florence Rouyer, and Emmanuelle Rio. "The life of a surface bubble." Molecules 26.5 (2021): 1317, and CANON, JP 2682993 B2.
Claim 12
KANO combined with Imanaka and Miguet teaches the liquid viscosity measurement device according to claim 1, but the combination does not specifically teach wherein the heating element is configured to generate energy in a range in which the bubble is not generated at a timing before the bubble disappears. CANON in e.g., figs. 1 and 5a,5b teaches wherein the heating element 103 is configured to generate energy in a range (pulses in fig.5) in which the bubble is not generated at a timing before the bubble disappears (lowering temperature to minimum is equivalent with disappearing bubbles and as shown in figs.5 the pulse of energy is generated after disappearance of bubbles in minimum temperature).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use CANON‘s driving unit for the modified KANO‘s driving unit configured to specify the bubble disappearance time period based on a time at which the bubble is generated and a time at which an inflection point occurs in a drop phase which comes after the temperature measured by the sensor rises. One of ordinary skill in the art knows the issues such as insulation film on wall would have been motivated to make this modification in order to manage the heating pulse and timing of bubbles to solve these issue (see the underlined portion on translated copy of CANON provided by the office)4.
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Allowable subject matter
Claim 2 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2: The prior art, alone or in combination, fails to anticipate or render obvious an assembly comprising a liquid viscosity measurement device for measuring a viscosity of a liquid wherein the deriving unit is configured to specify the bubble disappearance time period based on a time at which the bubble is generated and a time at which an inflection point occurs in a drop phase which comes after the temperature measured by the sensor rises, in conjunction with the remaining claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 109945681 A
JP H04231966 A
These prior arts teach wherein the deriving unit is configured to specify the bubble disappearance time period based on a time at which the bubble is generated but does not teach and a time at which an inflection point occurs in a drop phase which comes after the temperature measured by the sensor rises.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 Claims 14-15 are directed to non-elected species 3 shown on fig.9.
2 Prior art of record
3 The parameters on plot fig.7 c are derived from theory where the dominant physics is viscous stresses, in summary lifetime of bubbles is controlled by film drainage which depends on viscosity, and lifetime increases with viscosity
4 FIG. 5 (a) shows the relationship between the electrothermal converter drive pulse and the heater surface temperature when stable and continuous discharge is performed. When the drive pulse rises, the surface temperature of the electrothermal converter starts to rise, and the time when the drive pulse is turned off becomes maximum. After being turned off, the surface temperature drops, and before the next drive pulse is turned on, the surface temperature returns to the initial temperature to prepare for the next foaming.”
The bubbles do not disappear and ejection failure occurs. Normally, Q .sub.1 Q .sub.2 + Q .sub.3 + Q .sub.4 is established, but when impurities such as cutting oil are mixed in, a film of impurities is generated on the surface of the electrothermal converter as shown in Fig. 4, and this becomes a heat insulating film. And this balance breaks down. FIG. 5 is a diagram showing this.