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 .
Specification Objection
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. This may result in slightly longer titles, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc. If a satisfactory title is not supplied by the applicant, the Examiner may, at the time of allowance, change the title by an Examiner’s amendment. See MPEP § 1302.04(a).
The following title is suggested: “Ventilated Strain Gauge Transducer”.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature of Claims 1 & 7 claim two elements “a continuous ventilation passage is formed through the gap” where (Figs. 3 a & c) show the two elements (ventilation passage and gap) as one element (25) [note: Claim 7’s elements are numbered as single element 45 in its Fig. 9 embodiment]. The claims cite them as separate elements and should show two separate elements or one element is canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-7 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 & 7 recite a similar limitation “a continuous ventilation passage is formed through the gap from an interior of the casing to the second end of the covering member, and the ventilation passage is continuous from the interior of the casing to an interior of the housing through the gap” which is structurally unclear as “the gap” [PGPUB 0047: element 25 a gap] and “the ventilation passage” [PGPUB 0050: element 25 a ventilation passage] are the same element. Claim 1 further cites “ventilation passage is formed through the gap” which is unclear structurally how the ventilation passage (25) is formed through the gap (25) [note element 25 is element 35 in claim 7’s embodiment of Fig. 9]. If they are the same element only one should be cited.
Claim 7 recites the limitation “a second ventilation passage formed along the second conductive wire, wherein a continuous ventilation passage including the first ventilation passage and the second ventilation passage is formed from the interior of the casing, through the second end of the first covering member, to vicinity of one end of the second conductive wire on an opposite side from the circuit, and a cross-sectional area of the second ventilation passage is smaller than a cross-sectional area of the gap” where the structure of the claimed second ventilation passage is unclear. Examiner looks to Figure 9 the first ventilation passage (Fig. 9: 35) and the second ventilation passageway is (Fig. 9: 45). The limitation is unclear as the second ventilation passageway (45) is also a gap (45) so the limitation of “a first ventilation passage passing through the gap” which claims a ventilation element in the gap is unclear when they are the same element. Further the limitation “a cross-sectional area of the second ventilation passage is smaller than a cross-sectional area of the gap” where Figs 9 & 10 element 45 are the same so the passage (45) cannot be smaller than the gap (45). Examiner interprets the claims as the cited two elements.
Claim 7 recites the limitation “the second ventilation passage is formed from the interior of the casing, through the second end of the first covering member, to vicinity of one end of the second conductive wire on an opposite side from the circuit” where the circuit arrangement is cited thereby an opposite side of “the circuit’ is unclear. Examiner interprets the first and second conductive wires can attach be at the top and bottom interior of the cable and on the circuit as a parallel connection or in a serial connection on each side of a plug circuit or electrical circuit.
All dependent claims are rejected for their dependence on a rejected base claim.
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 & 7 are rejected under 35 U.S.C. 103 as being unpatentable over Rapp (US 5649548: ”Rapp”) in view of Wallace (US 4873986; “Wallace”).
Claim 1. Rapp discloses a strain gauge transducer (Fig. 1)[Col. 1 lines 18-21: Measurement of the contractions takes place by means of a dynamometer, e.g. a bender bar with a strain gauge and which is operated by means of a ram movable in its axial direction] comprising: a casing (8) comprising a deforming body (11 diaphragm) [Col. 3 lines 25-30: The underside 10 of the transducer casing 8, which is placed on the abdominal wall 1, has a soft diaphragm 11 made from an elastomeric plastic] configured to deform in response to an external force [Col. 1 lines 18-21: Measurement of the contractions takes place by means of a dynamometer, e.g. a bender bar with a strain gauge and which is operated by means of a ram movable in its axial direction]; a strain gauge (3 & 4) disposed on the deforming body (11) [Col. 3 lines 20-35]; a conductive wire (17) connected to the strain gauge (3 & 4) and drawn to outside of the casing (8) through a through hole (23) provided on the casing (8)[Col. 3 lines 20-25: The complete interior 12 of the transducer casing 8 is sealed against the penetration of water and makes available a specific air volume. The connection of the cable 5 takes place by means of the opening 23], a covering member (16) covering the conductive wire (17) with a gap (20) between the covering member (16) and the conductive wire (17)[Col. 4 lines 8-12: shows the cross-section through a cable 5 with the cable jacket 16, screened conductors 17 and filling material 18, in which the cavity 20 is used for ventilating the interior 12 of the transducer 7], a first end of the covering member (16) being in close contact (cable secured by 14 to the case 8 through hole 23) with the casing (8); a circuit board (6 recorder)[Col. 3 lines 20-25: The signals converted by the dynamometer 4 are transmitted by means of a cable 5 to a monitoring device 6 having a recorder (e.g. signal recording requiring an electrical circuit)], the conductive wire (17) being connected to the circuit board (6)[Col. 3 lines20-25: shows the cross-section through a cable 5 with the cable jacket 16, screened conductors 17 and filling material 18, in which the cavity 20 is used for ventilating the interior 12 of the transducer 7]; and a housing configured to house the circuit board (Fig. 1: recorder 6 in a housing with plug 5) in close contact with a second end of the covering member (16 with overall cable labeled as 5) [Col. 3 lines 20-25] different from the first end (16 with overall cable labeled as 5 is connected to case at 13 on one end and to the monitor 6), wherein a continuous ventilation passage (Fig. 4: 14) is formed through the gap (20) from an interior of the casing (12) to the second end (21) of the covering member (16) [Col. 14 lines 10-15: FIG. 7b shows the cable of FIG. 7a with a cable ventilation opening 21 in the cable jacket 16, which is to be installed as far away as possible from the transducer 7, so as to ensure that no water or the like can pass into the cavity 20 and therefore into the interior 12] and the ventilation passage (14) is continuous from the interior (12) of the casing (8) to an interior of the housing (6) through the gap (20 through orifice 19 in plug 5) [Col. 3 last ¶ and Col. 4 first ¶: The ventilating hose 14 projects a few millimeters out of the cable end and into the transducer 7. At the other side the cable plug 15 is moulded on and the ventilating hose 14 is led out through a suitable opening. It is also possible to create a connection between the ventilating hose 14 and the external air by an opening in the cable plug 15. In the example shown in FIG. 5 the ventilating hose 14 is passed through the opening of an unused contact pin 19, which reduces the risk of contamination or dirtying of the hose opening. The contact pin is omitted]. Rapp does not explicitly disclose:
Wallace teaches a device for monitoring intrauterine pressure and fetal heart rate during labor and childbirth [Abstract]. Wallace further teaches the ventilation passage (Fig. 5: 114) is to an interior of the housing (13 and 16) through the gap (Fig. 4: 54 gap in cable 14), and is in contact with an outside air at a surface (112) of the housing (13 and 16) [Col. 9 lines 10-40: providing an air passageway to and from cap 90, the vent channel 54 of cable 14 assures that the side of the transducer diaphragm covered by cap 90 is continuously referenced to atmospheric pressure].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Wallace’s ventilation passageway that continues from a cable into a housing to an outside air at an exterior surface of the housing with Rapp’s, as modified, ventilation passageway because the extending of the passageway to an exterior of a housing improves the maintainability of the device by providing a reliable air flow out of housings which provides a vent point for pressurizing to ambient and calibrating pressure in the device [Wallace Col. 9 lines 20-25].
Claim 2. Dependent on the strain gauge transducer according to claim 1. Rapp further discloses a coating on a surface of the conductive wire [Col. 14: lines 14-17: shows in section a cable 5 with the cable jacket 16, screened conductors 17, filling material 18 and the ventilating hose 14], wherein the gap (20) is formed between the coating and the covering member (17) (Fig. 4: screened conductors 17 with 20 gap between 17 and 16). Rapp, as modified, does not explicitly disclose:
an insulating coating on a surface of the conductive wire.
Wallace teaches a device for monitoring intrauterine pressure and fetal heart rate during labor and childbirth [Abstract]. Wallace further teaches an insulating coating on a surface of the conductive wire (60)[Col. 9 lines 1-8: Conductors 60 may be any suitable electrical conductors. For example, conductors 60 may be magnet wire conductors. Advantageously, since magnet wires are typically already insulated].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Wallace’s insulating a cabled wire with Rapp’s, cabled wire because insulation on wire improves the reliability of the wire by providing corrosion protection from air and moisture that enters the cable.
Claim 3. Dependent on the strain gauge transducer according to claim 1. Rapp further discloses the through hole (23) passes through an interior of a protrusion (Fig. 5b: 22 & 13) formed on an exterior of the casing, (8) and the first end of the covering member (16) is in close contact with the protrusion (Fig. 5b: 22 & 13) such that the covering member (16) covers an outer periphery of the protrusion (13 & 22)[Col. 3 last ¶: Both ends of the cable 5 are moulded, a cable sleeve 22 being moulded onto the side which is introduced into the transducer 7. The ventilating hose 14 projects a few millimeters out of the cable end and into the transducer 7. At the other side the cable plug 15 is moulded on and the ventilating hose 14 is led out through a suitable opening. It is also possible to create a connection between the ventilating hose 14 and the external air by an opening in the cable plug 15].
Claim 7. Rapp further discloses a strain gauge transducer (Fig. 1) comprising: a casing (8) comprising a deforming body (11) configured to deform in response to an external force [Col. 1 lines 18-21: Measurement of the contractions takes place by means of a dynamometer, e.g. a bender bar with a strain gauge and which is operated by means of a ram movable in its axial direction];; a strain gauge (3 & 4) disposed on the deforming body (11) [Col. 1 lines 18-21: Measurement of the contractions takes place by means of a dynamometer, e.g. a bender bar with a strain gauge and which is operated by means of a ram movable in its axial direction]; a first conductive wire (17) connected to the strain gauge (3 & 4) and drawn to outside of the casing (8) through a through hole (23) provided on the casing (8) [Col. 3 lines 20-25: The complete interior 12 of the transducer casing 8 is sealed against the penetration of water and makes available a specific air volume. The connection of the cable 5 takes place by means of the opening 23], a first covering member (16 with overall cable labeled as 5) covering the first conductive wire (17) with a gap (20) between the first covering member (16) and the first conductive wire (17)[Col. 3 Lines 45-52: FIG. 4 shows in section a cable 5 with the cable jacket 16, screened conductors 17], a first end of the first covering member (16) being in close contact with the casing (8)[Col. 3 lines 20-25: the complete interior 12 of the transducer casing 8 is sealed against the penetration of water and makes available a specific air volume. The connection of the cable 5 takes place by means of the opening 23]; a second conductive wire (two wires 17) configured to provide an output signal to an external device (6) [Col. 3 lines 20-25: The signals converted by the dynamometer 4 are transmitted by means of a cable 5 to a monitoring device 6 having a recorder]; a circuit (6 recorder) connected with the first conductive wire (17) and the second conductive wire (17 second wire)[Col. 3 line 20-25: The signals converted by the dynamometer 4 are transmitted by means of a cable 5 to a monitoring device 6 having a recorder]; a first ventilation passage (14) passing through the gap (20) and continuous from an interior of the casing (16) to a second end (16 also cited as 5 connected to monitor 6) of the first covering member (16) different from the first end (connected by 14 to case 8) [Col. 3 lines 35-45: the interior of the cable is provided a ventilating hose 14, which at one end with the cable bushing 13 passes into the interior 12 of the transducer casing 8. At the other end the ventilating hose 14 is guided in the cable plug and terminates in the vicinity of the socket of said plug. Therefore, there is a ventilation possibility for the interior 12 as a result of said ventilating hose 14 and simultaneously there is no risk of water or the like passing into the interior 12 of the transducer 7]; and a second ventilation passage (14) formed along the second conductive wire (17), wherein a continuous ventilation passage (14) including the first ventilation passage (14 in cable 5). Rapp does not explicitly disclose:
the second ventilation passage is formed of the first covering member, to vicinity of one end of the second conductive wire on an opposite side from the circuit, and a cross-sectional area of the second ventilation passage is smaller than a cross-sectional area of the gap.
Wallace teaches a device for monitoring intrauterine pressure and fetal heart rate during labor and childbirth [Abstract]. Wallace further teaches the second ventilation passage (Fig. 5: 114) of the first covering member (62), to vicinity of one end of the second conductive wire (60) on an opposite side from the circuit (16 plug), and a cross-sectional area of the second ventilation passage (114) is smaller than a cross-sectional area (Fig. 4) through the gap (Fig. 4: 54 gap in cable 14), and is in contact with an outside air at a surface (112) of the housing (13 and 16) [Col. 9 lines 10-40: providing an air passageway to and from cap 90, the vent channel 54 of cable 14 assures that the side of the transducer diaphragm covered by cap 90 is continuously referenced to atmospheric pressure].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Wallace’s ventilation passageway that continues from a cable into a housing to an outside air at an exterior surface of the housing with Rapp’s, as modified, ventilation passageway because the extending of the passageway to an exterior of a housing improves the maintainability of the device by providing a reliable air flow out of housings which provides a vent point for pressurizing to ambient and calibrating pressure in the device [Wallace Col. 9 lines 20-25].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Rapp in view of Wallace and in further view of Keeter (US 20190353545: “Keeter”).
Claim 4. Dependent on the strain gauge transducer (3 & 4) according to claim 1. Rapp discloses a waterproof device [Col. 2 lines 40-50: The problem of the present invention is therefore to improve the known transducer in such a way that it can also be used under water] Rapp, as modified, does not explicitly disclose:
the covering member is waterproof
Keeter teaches a submersible cable having an electrical conductor and a venting tube operably coupled to the pressure sensor [Abstract]. Keeter further teaches the covering member (Fig. 2: 126 water resistant & 127waterproof equals covering member 172 of submersible cable 122) is waterproof [0053: list of waterproof materials including PVC].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Keeter’s waterproof covering member with Rapp’s, as modified, cable covering member because a waterproof cable covering material improves reliability of the device in environments where fluid submersion is present [Keeter 0006].
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Rapp in view of Wallace and in further view of Nakamura (JP 2005021707: “Nakamura” translation provided for citations).
Claims 5 & 6. Dependent on the strain gauge transducer according to claim 1. Rapp further discloses a ventilation passage (14). Rapp, as modified, does not explicitly disclose:
the ventilation passage contacts the outside air at an opening formed on a surface of the housing.
the housing comprises a water repellent material having water repellency on an outer surface of the housing around the opening and the housing comprises a water repellent material having water repellency and air permeability, the water repellent material covering the opening.
With regard to 1) Wallace teaches a device for monitoring intrauterine pressure and fetal heart rate during labor and childbirth [Abstract]. Wallace further teaches the ventilation passage (Fig. 5: 114) is to an interior of the housing (13 and 16) through the gap (Fig. 4: 54 gap in cable 14), contacts the outside air at an opening formed on a surface (112) of the housing (13 and 16) [Col. 9 lines 10-40: providing an air passageway to and from cap 90, the vent channel 54 of cable 14 assures that the side of the transducer diaphragm covered by cap 90 is continuously referenced to atmospheric pressure].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Wallace ventilation passageway that continues from a cable into a housing to an outside air at an exterior surface of the housing with Rapp’s, as modified, ventilation passageway because the extending of the passageway to an exterior of a housing improves the maintainability of the device by providing a reliable air flow out of housings which provides a vent point for pressurizing to ambient and calibrating pressure in the device [Wallace Col. 9 lines 20-25].
With regard to 2) Nakumura teaches a control box in a housing with a vent on the exterior surface [Page 6 first ¶]. Nakumura further the housing (39) comprises a water repellent material having water repellency on an outer surface of the housing (39) around the opening (64) and the housing (39) comprises a water repellent material (65) having water repellency and air permeability, the water repellent material (65) covering the opening (64) [Page 6 first ¶].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Nakumura’s waterproof filter on the vent opening of a housing with Rapp’s, as modified, vent on a housing because a waterproof filter on a housing vent improves the waterproofing of a device by ensuring venting of air is provided while preventing damaging moisture ingress to a container with water sensitive electrical elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST.
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/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855