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 .
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, 5-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neander et al. (U.S. 2017/0177009, hereafter referred to as Neander).
Regarding claims 1 and 7, Neander teaches a sensor apparatus 10 for analyzing a sample gas volume, in particular for measuring fine particles in a sample gas volume, with at least one fine particle measuring chamber to accommodate the sample gas that is to be analyzed, wherein at least one sensor element 145 for measuring fine particles is assigned to the fine particle measuring chamber, with at least one sample gas feed 45 assigned to the fine particle measuring chamber, with at least one sample gas discharge 135 assigned to the fine particle measuring chamber, with at least one ventilation device assigned to the fine particle measuring chamber, wherein the ventilation device includes a fan 160 with a fan housing, and wherein the sensor apparatus has at least one circuit carrier 400 with at least one control circuit 200 for actuating the ventilation device (via motor 205, see para. 0039, 0047 & 0057; see figure 7), characterized in that wherein the circuit carrier has a circuit for controlling the measurement of fine particles (see figure 7; see para. 0057), the circuit carrier is arranged outside the fan housing (see figure 3), and the ventilation device has at least one data interface 210 that allows a data carrying connection to the circuit carrier (see para. 0058).
Regarding claim 3, Neander further teaches wherein the circuit carrier 400 has no contact with the sample gas volume that is to be analyzed (see figure 3, the carrier is mounted on the outside of sensor housing 145).
Regarding claim 5, Neander teaches the use of different blowers (fans and their respective housings) depending on the application (see para. 0005).
Additionally, it has been held that the recitation that an element is "adapted to" perform a function is not a positive limitation but only requires the ability to so perform. it does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138.
Regarding claims 6 and 10, Neander further teaches wherein one of the further parameters to be captured of the sample gas volume to be analyzed is the humidity and/or the temperature of the air (see para. 0036, ‘The particle counter 10 shown also includes a room humidity and temperature sensor 115’), and/or the presence of harmful gases and/or the presence of volatile organic compounds.
Allowable Subject Matter
Claims 2, 4, 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.
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, John Breene can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMEL E WILLIAMS/Primary Examiner, Art Unit 2855