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
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-4, 6-7, 9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over “DeCook” (US 2023/0392978) in view of “Cheong” (US 2010/0060081).
Regarding claim 1, DeCook discloses 1. A condition monitoring device configured to be mounted on a machine, the condition monitoring device comprising (Figs. 1-3, [0016]-[0019]; the monitor 100 is a condition monitoring device configured to be mounted on the surface of the machine 55 comprising):
a base configured to be secured on the machine (Figs. 1-3, [0016]-[0019]; the housing 38 has walls 46 and mount feet 49 which are configured to be secured on the machine 55);
a circuit board mechanically connected to the base (Figs. 1-3, [0016]-[0019]; the PCB 42 is mechanically connected to the walls 46 and mount feet 49);
at least one sensor mounted on the circuit board (Figs. 1-3, [0016]-[0019]; the vibration sensor 60 is mounted on the PCB 42);
and a connector supported by the base and configured to connect the circuit board to an external power supply (Figs. 1-3, [0016]-[0019]; the electrical connector 44 is supported by the walls 46 and mount feet 49. Examiner’s note: the limitation “configured to connect the circuit board to an external power supply” is construed as the ability to perform. In the case of a product claim, only the structure of the claim distinguishes over the prior art. Furthermore, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ 2d 1647 (1987).).
DeCook does not disclose the connector having a DC-DC converter adapted to be linked to the external power supply, wherein the connector comprises cables extending therefrom, the cables comprising the DC-DC connector.
Cheong discloses the connector having a DC-DC converter adapted to be linked to the external power supply, wherein the connector comprises cables extending therefrom, the cables comprising the DC-DC connector (Figs. 14, 37, [0071], [0074]-[0076], [0115], [0117]; the DC module 26 is a DC-DC converter comprising the boost DC to DC 750 and the buck DC to DC 752, the DC connector 272 and the adapter 274 is adapted to be linked to an external power supply, the DC module 26 comprising cables extending from the DC power source 728 to the boost DC to DC 750 and the buck DC to DC 752, the cables comprising the DC connector 272 and the power connector 282 on the circuit board 280).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have constructed DeCook’s device with Cheong’s connector having a DC-DC converter in order to provide for improved power supplies for portable electronic devices that increase access to power sources available in a variety of operating environments, as suggested by Cheong at [0006].
Regarding claim 3, DeCook in view of Cheong discloses the claimed invention as applied to claim 1, above.
DeCook discloses 3. The condition monitoring device according to claim 1, wherein the connector is mounted on the circuit board (Figs. 1-3, [0016]-[0019]; the electrical connector 44 is mounted on the PCB 42).
Regarding claim 4, DeCook in view of Cheong discloses the claimed invention as applied to claim 1, above.
DeCook discloses 4. The condition monitoring device according to claim 1, further comprising a casing mounted on the base and inside which is housed the circuit board (Figs. 1-3, [0016]-[0019]; the housing 38 comprises a casing mounted on the base and inside which is housed the PCB 42).
Regarding claim 6, DeCook in view of Cheong discloses the claimed invention as applied to claim 1, above.
DeCook discloses 6. The condition monitoring device according to claim 1, further comprising at least one fastener extending through the circuit board into the base (Figs. 1-3, [0016]-[0019]; the center screw mount 48 extends through the PCB 42 into the base),
the at least one fastener extending through the circuit board to mechanically connect the circuit board to the base (0016]-[0019]; the center screw mount 48 extends through the PCB 42 to mechanically connect to the base).
Regarding claim 7, DeCook in view of Cheong discloses the claimed invention as applied to claim 6, above.
DeCook discloses 7. The condition monitoring device according to claim 6, wherein the base comprises a first fixation portion configured to be fixed to the machine, and a second fixation portion comprising a wall parallel to the circuit board, wherein the circuit board is held against the second fixation portion by the at least one fastener (Figs. 1-3, [0016]-[0019]; the base comprises a first fixation portion at the mount feet 49 which is fixed to the machine 55, and a second fixation portion wherein the PCB 42 is held against the base of the housing 38 by the center screw mount 48).
Regarding claim 9, DeCook in view of Cheong discloses the claimed invention as applied to claim 1, above.
DeCook discloses 9. A mesh network comprising: at least one condition monitoring device according to claim 1 (Figs. 1-3, [0016]-[0019]; the monitor 100 is a condition monitoring device according to claim 1);
a gateway connected to a user interface and wirelessly communicating with said at least one condition monitoring device (Figs. 1-3, [0016]-[0019]; the Bluetooth unit 70 is a gateway connected to the smartphone 80 which is a user interface and wirelessly communicating with the monitor 100).
Regarding claim 10, DeCook in view of Cheong discloses the claimed invention as applied to claim 9, above.
DeCook discloses 10. The mesh network according to claim 9, further comprising at least one autonomous condition monitoring device comprising a base configured to be secured on a machine, a circuit board mechanically connected to the base, at least one sensor mounted on the circuit board and an integrated power supply, the autonomous condition monitoring device being wirelessly connected to the gateway or to one condition monitoring device (Figs. 1-3, [0016]-[0019]; the network 85 is a mesh network comprising at least one monitor 100 comprising a base configured to be secured on the machine 55, a PCB 42 mechanically connected to the base, a vibration sensor 60 mounted on the PCB 42, and an integrated battery pack module 220, the monitor 100 may communicate on a continuing basis or on a monitoring interval adjustable from 5 seconds to 1 hour, which is an autonomous condition monitoring device wirelessly connected to the smartphone 80).
Regarding claim 12, DeCook in view of Cheong discloses the claimed invention as applied to claim 3, above.
DeCook discloses 12. The condition monitoring device according to claim 3, further comprising a casing mounted on the base and inside which is housed the circuit board (Figs. 1-3, [0016]-[0019]; the housing 38 comprises a casing mounted on the base and inside which is housed the PCB 42).
Claims 5 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over DeCook in view of Cheong and “Schuebel” (US 2024/0201043).
Regarding claim 5, DeCook in view of Cheong discloses the claimed invention as applied to claim 4, above.
DeCook does not disclose the limitations of claim 5.
Schuebel discloses 5. The condition monitoring device according to claim 4, further comprising a potting compound between the casing and the circuit board (Fig. 1, [0055]; the potting compound 10, 11 is between the housing 7 and the circuit board 8).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have constructed DeCook’s device, as modified by Cheong, with Schuebel’s potting compound 10 which acts as a coupling element and transmits vibrations from the stator bushing 6 to the circuit board and the vibration sensor 9, as suggested by Schuebel at [0055].
Regarding claim 13, DeCook in view of Cheong discloses the claimed invention as applied to claim 12, above.
DeCook does not disclose the limitations of claim 13.
Schuebel discloses 13. The condition monitoring device according to claim 12, further comprising a potting compound between the casing and the circuit board (Fig. 1, [0055]; the potting compound 10, 11 is between the housing 7 and the circuit board 8).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have constructed DeCook’s device, as modified by Cheong, with Schuebel’s potting compound 10 which acts as a coupling element and transmits vibrations from the stator bushing 6 to the circuit board and the vibration sensor 9, as suggested by Schuebel at [0055].
Regarding claim 14, DeCook in view of Cheong and Schuebel discloses the claimed invention as applied to claim 13, above.
DeCook discloses 14. The condition monitoring device according to claim 13, further comprising at least one fastener extending through the circuit board into the base (Figs. 1-3, [0016]-[0019]; the center screw mount 48 extends through the PCB 42 into the base).
Regarding claim 15, DeCook in view of Cheong and Schuebel discloses the claimed invention as applied to claim 14, above.
DeCook discloses 15. The condition monitoring device according to claim 14, wherein the base comprises a first fixation portion configured to be fixed to the machine, and a second fixation portion comprising a wall parallel to the circuit board, wherein the circuit board is held against the second fixation portion by the at least one fastener (Figs. 1-3, [0016]-[0019]; the base comprises a first fixation portion at the mount feet 49 which is fixed to the machine 55, and a second fixation portion wherein the PCB 42 is held against the base of the housing 38 by the center screw mount 48).
Regarding claim 16, DeCook in view of Cheong and Schuebel discloses the claimed invention as applied to claim 15, above.
DeCook discloses 16. A kit comprising: at least one condition monitoring device according to claim 15 (Figs. 1-3, [0016]-[0019]; the monitor 100 is a condition monitoring device according to claim 1).
DeCook does not disclose an external power supply connected to the connector of said at least one condition monitoring device.
Cheong discloses an external power supply connected to the connector of said at least one condition monitoring device (Figs. 14, 37, [0071], [0074]-[0076], [0115], [0117]; the circuit board 200 includes the power connector 282 and the DC module 26 is a DC-DC converter comprising the boost DC to DC 750 and the buck DC to DC 752, the DC connector 272 and the adapter 274 is adapted to be connected to an external power supply).
Regarding claim 17, DeCook in view of Cheong and Schuebel discloses the claimed invention as applied to claim 16, above.
DeCook discloses 17. A mesh network comprising:
at least one condition monitoring device according to claim 16 (Figs. 1-3, [0016]-[0019]; the monitor 100 is a condition monitoring device according to claim 1);
a gateway connected to a user interface and wirelessly communicating with said at least one condition monitoring device (Figs. 1-3, [0016]-[0019]; the Bluetooth unit 70 is a gateway connected to the smartphone 80 which is a user interface and wirelessly communicating with the monitor 100).
Regarding claim 18, DeCook in view of Cheong and Schuebel discloses the claimed invention as applied to claim 17, above.
DeCook discloses 18. The mesh network according to claim 17, further comprising at least one autonomous condition monitoring device comprising a base configured to be secured on a machine, a circuit board mechanically connected to the base, at least one sensor mounted on the circuit board and an integrated power supply, the autonomous condition monitoring device being wirelessly connected to the gateway or to one condition monitoring device (Figs. 1-3, [0016]-[0019]; the network 85 is a mesh network comprising at least one monitor 100 comprising a base configured to be secured on the machine 55, a PCB 42 mechanically connected to the base, a vibration sensor 60 mounted on the PCB 42, and an integrated battery pack module 220, the monitor 100 may communicate on a continuing basis or on a monitoring interval adjustable from 5 seconds to 1 hour, which is an autonomous condition monitoring device wirelessly connected to the smartphone 80).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over DeCook in view of Cheong and “Guo” (US 2015/0317942).
Regarding claim 8, DeCook in view of Cheong discloses the claimed invention as applied to claim 1, above.
DeCook discloses 8. A kit comprising: at least one condition monitoring device according to claim 1 (Figs. 1-3, [0016]-[0019]; the monitor 100 is a condition monitoring device according to claim 1).
DeCook does not disclose an external power supply connected to the connector of said at least one condition monitoring device.
Guo discloses an external power supply connected to the connector of said at least one condition monitoring device (Fig. 2, claim 1, [0025], [0028]; the printed circuit board 200 includes the connector 220 and the DC-DC converter 220 adapted to be linked to an external power source).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have constructed DeCook’s device, as modified by Cheong, with Guo’s connector and DC-DC converter in order to receive a voltage from the external power source to; the DC-DC converter disposed for receiving the voltage from the connector and converting the voltage into a driving voltage to be applied to the device, as suggested by Guo at [0028] and claim 1.
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over DeCook in view of Cheong and “Chaussat” (US 2021/0092848).
Regarding claim 19, DeCook in view of Cheong discloses the claimed invention as applied to claim 1, above.
DeCook does not disclose the limitations of claim 19.
Chaussat discloses 19. The condition monitoring device according to claim 1, wherein the circuit board is oriented vertically relative to the base (Fig. 1, [0075]; the circuit board is oriented vertically relative to the base).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have constructed DeCook’s device, as modified by Cheong, with Chaussat‘s orientation in order to provide a condition monitoring device for measuring vibrations of a rotating machine that is capable of transmitting a better quality vibration signal, while reducing disturbance, such as noise, distortion, etc., as suggested by Chaussat at [0011].
Regarding claim 20, DeCook in view of Cheong discloses the claimed invention as applied to claim 1, above.
DeCook does not disclose the limitations of claim 20.
Chaussat discloses 20. The condition monitoring device according to claim 1, wherein the base includes a cavity configured to receive a fixation element to secure the base to the machine, the circuit board being oriented parallel to the cavity of the base (Fig. 1, [0075]; the base includes a cavity and the circuit board is oriented parallel to the cavity).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have constructed DeCook’s device, as modified by Cheong with Chaussat‘s orientation in order to provide a condition monitoring device for measuring vibrations of a rotating machine that is capable of transmitting a better quality vibration signal, while reducing disturbance, such as noise, distortion, etc., as suggested by Chaussat at [0011].
Regarding claim 21, DeCook in view of Cheong discloses the claimed invention as applied to claim 1, above.
DeCook does not disclose the limitations of claim 21.
Chaussat discloses 21. The condition monitoring device according to claim 1, wherein the base includes a wall, the circuit board having a face flush against the wall of the base (Fig. 1, [0075]; the circuit board has a face flush against the wall of the base).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have constructed DeCook’s device, as modified by Cheong, with Chaussat‘s orientation in order to provide a condition monitoring device for measuring vibrations of a rotating machine that is capable of transmitting a better quality vibration signal, while reducing disturbance, such as noise, distortion, etc., as suggested by Chaussat at [0011].
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over DeCook in view of Cheong and “Khaligh” (US 2021/0226364).
Regarding claim 22, DeCook in view of Cheong discloses the claimed invention as applied to claim 4, above.
DeCook does not disclose the limitations of claim 22.
Khaligh discloses 22. The condition monitoring device according to claim 4, further comprising a cable connected to the connector for delivering power to the connector from the external power supply, the cable extending through the casing (Fig. 1, [0055]; the cable extends through the casing to deliver power from an external power supply).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have constructed DeCook’s device, as modified by Cheong, with Khaligh‘s cable in order to reduce the size, weight, and cost, and to enhance the manufacturability by, for example, reducing the cost and the potential failure modes, as suggested by Khaligh at [0053].
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANLEY TSO whose telephone number is (571)270-0723. The examiner can normally be reached Tu-Thurs 6am-6pm, alt M 6am-2pm.
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/STANLEY TSO/Primary Examiner, Art Unit 2847
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