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 .
Summary
Claims 1-20 are pending. Claims 1-20 are rejected herein. This is a First Action on the Merits.
Terminology
The term “calibration” usually means “standardizing (something, such as a measuring instrument) by determining the deviation from a standard so as to ascertain the proper correction factors (retrieved from https://www.merriam-webster.com/dictionary/calibrate on 2 Oct 2026). Usually when one measures a first quantity (e.g. pressure) and simultaneously measures a second quantity (e.g. temperature) that affects the measurement of the first quantity, and then adjusts the first measurement based on the second measurement, this is called compensating or correcting. The terms temperature compensation and temperature correction are used throughout the art. When correcting pressure measurements based on temperature measurements, the calibration would be determining the coefficients used to change the pressure measurement into a pressure measurement that is corrected for temperature. In a simple linear correction such as Pc = Pm + AT + B, where Pc is the pressure corrected for temperature, Pm is the measured pressure, and T is the temperature, A and B would be calibration coefficients that are determined by some calibration process (e.g. measuring the pressure at a number of known temperatures and solving the resulting linear equations for A and B). Temperature correction on the other hand would be measuring Pm and T and using the equation above to determine Pc based on previously stored values of A and B. The present application uses the term “stress-compensation” but does not refer to any temperature compensation. It is not clear in the claims whether term calibration means an actual calibration process or just compensating for temperature.
Claim Rejections - 35 USC § 112(b)
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(s) 1-20 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.
Regarding claims 1, 11, and 18: It is unclear what is meant by “first circuit” and “second circuit” because the specification states that the same set of resistors is used for pressure measurement (first circuit) and temperature measurement (second circuit). The examiner recommends reciting the actual physical structure of the device (“a plurality of resistive elements arranged in a Wheatstone bridge configuration having an input current”) and then specifying where the measurements are taken (“wherein the bridge voltage is indicative of a pressure difference and the voltage at a node connected to the input current is indicative of temperature”) or something similar.
Regarding claims 1, 9-11, 16-18, and 20: It is unclear what it means for a circuit to be “configured to implement a temperature-calibration procedure.” One skilled in the art would read this as some kind of control circuit that automatically performs a method such as heating a circuit up to different known temperatures and then storing calibration coefficients. The specification makes clear that it means that a voltage is measured at a node in Wheatstone bridge circuit which indicates temperature. The specification sets forth a calibration procedure in FIG. 4, but para. 23 of the specification as published indicates that the second circuit is just the Wheatstone bridge as measured from the input current to ground. The apparatus drawings do not make this ambiguity any clearer because the circuit is only indicated by a labeled box. Furthermore, if there were some kind of control circuit implementing a calibration procedure, there would need to be language such as “a processor configured to…” and then listing out the calibration steps. Otherwise, the scope of the claim is indefinite.
Regarding claim 9: It is unclear what further limitation claim 9 places on claim 8 because claim 8 already includes all of the limitations of claim 1 which include “a second circuit configured to implement a temperature-calibration procedure.”
Regarding claim 10: The above comments regarding claim 1 apply here regarding some kind of control circuit versus just the Wheatstone bridge. Claim 10 seems to indicate some kind of control circuit/processor. Furthermore, the scope of the claim is indefinite because claim 10 states that the procedure is “a temperature-calibration procedure,” however, no actual calibration takes place. A circuit is heated and a temperature is measured. There is no nexus in the claim between these steps and calibration.
Regarding claim 11: It is unclear if the phrase “a first circuit including a plurality of elements, having a resistance” means that the circuit has generic elements and that the circuit has a resistance, or means that the circuit has resistive elements. It is assumed to mean generic elements and the circuit has a resistance.
Regarding claim 16: It is unclear how the third circuit can be both the temperature calibration circuit and the heating circuit.
Regarding claims 2-10, 12-17, and 19-20: These claims are rejected as indefinite for depending from an indefinite claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 9 is/are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Regarding claim 9: Claim 9 recites the further limitation of “the second circuit configured to implement a temperature-calibration procedure.” This limitation appears to be wholly present in claim 1 from which claim 9 ultimately depends. Therefore claim 9 is in improper dependent form for failing to further limit the subject matter of its parent claim.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 4-10is/are rejected under 35 U.S.C. 102(a1 and a2) as being anticipated by LANDMANN et al. (US 20140076065).
Regarding claims 1 and 9: As best understood, LANDMANN discloses: An apparatus (FIG. 1), comprising: a membrane (inherent in a silicon on insulator (SOI) that bends in response to pressure para. 17, 19); a first circuit (Wheatstone bridge 105 in FIG. 1) including a plurality of resistive elements (115 in FIG. 1) disposed on the membrane and configured to measure a pressure difference (para. 17), the first circuit having a resistance (equivalent resistance of Wheatstone bridge circuit 105); and a second circuit configured to implement a temperature-calibration procedure (para. 18), wherein the second circuit is configured to utilize the resistance to measure a temperature used in the temperature-calibration procedure (para. 18).
Regarding claim 2: As best understood, LANDMANN discloses: the first circuit comprises a Wheatstone bridge (FIG. 1; para. 17), and wherein the resistance of the first circuit comprises a Wheatstone bridge resistance measured at an output port of the Wheatstone bridge (FIG. 1 para. 17).
Regarding claim 4: As best understood, LANDMANN discloses: the second circuit is configured to use the temperature-calibration procedure to allow measuring the pressure difference independent of a temperature change (para. 18).
Regarding claim 5: As best understood, LANDMANN discloses: the plurality of resistive elements are made of a semiconductor material, and wherein a doping level of the semiconductor material is used to adjust a temperature dependence of the resistance of the first circuit (SOI in para. 19, 25).
Regarding claim 6: As best understood, LANDMANN discloses: a third circuit configured to enable the plurality of resistive elements to heat up the membrane (self-heating described in para. 16).
Regarding claim 7: As best understood, LANDMANN discloses: the third circuit is configured to change a level of a current applied to the first circuit to cause a temperature change of the plurality of resistive elements (para. 16).
Regarding claim 8: As best understood, LANDMANN discloses: the membrane (315 in FIG. 3) is disposed over a cavity (shown below the center of 315), and wherein the membrane comprises a semiconductor material including silicon (para. 25-26).
Regarding claim 10: As best understood, LANDMANN discloses: the second circuit is configured to implement the temperature-calibration procedure by: measuring a Wheatstone bridge resistance at an output port of a Wheatstone bridge of the first circuit (para. 18); and simultaneously using the third circuit to vary a temperature of the membrane (para. 20-21).
Claim(s) 11-17 is/are rejected under 35 U.S.C. 102(a1 and a2) as being anticipated by HUSS (US 5343755)
Regarding claim 11: As best understood, HUSS discloses: A device (FIG. 2), comprising: a first circuit (72) including a plurality of elements (76, 78, 80, 82), having a resistance and configured to measure a pressure difference (col. 1 lines 45-54; by measuring across 56 and 60); a second circuit (the circuit 72 measured across 86 and 88 that leads to Vtemp at 66) configured to implement a temperature-calibration procedure by utilizing the resistance to measure a temperature of the first circuit (col. 4 lines 33-59); a third circuit configured to heat up the first circuit (providing “step changes in temperature” to determine the calibration coefficients in col. 5 lines 14-23); and a fourth circuit configured to determine an applied stress by measuring a bridge voltage across two terminals of the first circuit (measuring across 56 and 60 leading to Vpress at 68), wherein the resistance is independent of a strain causing the pressure difference (“As described above, an increase in the pressure applied to the pressure sensor 12 increases the electrical resistance of the first and third resistors 76, 80 and decreases the electrical resistance of the second and fourth resistors 78, 82. This variation in resistance induces equal and opposite electrical potential changes at the first node 56 and the second node 60.” Col. 4 lines 46-53).
Regarding claim 12: As best understood, HUSS discloses: the first circuit comprises a Wheatstone bridge (72 in FIG. 2), and wherein the resistance is measured at an output port of the Wheatstone bridge (across Vbridge in FIG. 2 leading to Vtemp at 66).
Regarding claim 13: As best understood, HUSS discloses: the third circuit is configured to allow for a temperature calibration (col. 5 lines 14-23), enabling the pressure difference to be measured independent of a temperature change (col. 4 lines 46-65).
Regarding claim 14: As best understood, HUSS discloses: the plurality of elements comprise resistive elements made of a semiconductor material, and wherein a doping level of the semiconductor material is used to adjust a temperature dependence of the resistance (col. 5 line 53-col. 6 line 4).
Regarding claim 15: As best understood, HUSS discloses: the first circuit (72 in FIG. 2) is disposed on a membrane, wherein the membrane comprises a semiconductor material including silicon disposed over a cavity (“A homogenous, substantially flat semiconductor substrate 70, shown in detail in FIG. 3, includes both a deflectable portion 72, for supporting the bridge circuit, and a relatively non-deflectable or rigid portion 74. Col. 3 lines 35-40)
Regarding claim 16: As best understood, HUSS discloses: the third circuit is configured to implement the temperature-calibration procedure (step increases in temperature to determine calibration coefficients in col. 5 lines 14-23).
Regarding claim 17: As best understood, HUSS discloses: third circuit is configured to implement the temperature-calibration procedure by providing a heating current to the first circuit by using the second circuit to simultaneously measure the resistance and a voltage of the first circuit (step increases in temperature while monitoring pressure/voltage to determine calibration coefficients in col. 5 lines 14-23).
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) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over LANDMANN in view of HUSS.
Regarding claims 3-5: As best understood, LANDMANN does not discloses that the Wheatstone bridge resistance is configured to be independent of a strain caused by the pressure difference.
HUSS however does teach a strain gauge pressure sensor (abstract) that uses a Wheatstone bridge circuit (72 in FIG. 2) wherein the Wheatstone bridge resistance is configured to be independent of a strain caused by the pressure difference (“As described above, an increase in the pressure applied to the pressure sensor 12 increases the electrical resistance of the first and third resistors 76, 80 and decreases the electrical resistance of the second and fourth resistors 78, 82. This variation in resistance induces equal and opposite electrical potential changes at the first node 56 and the second node 60.” Col. 4 lines 46-53). HUSS also teaches that this configuration allow measuring pressure independent of temperature (col. 4 lines 33-59), thus meeting the limitations of claim 4. HUSS also teaches that the plurality of resistive elements are made of a semiconductor material, and wherein a doping level of the semiconductor material is used to adjust a temperature dependence of the resistance of the first circuit (col. 5 line 53-col. 6 line 4), thus meeting the limitations of claim 5.
One skilled in the art at the time the application was effectively filed would be motivated to use the offsetting resistances of HUSS in the Wheatstone bridge of LANDMANN because it provides a more accurate measurement of temperature (col. 4 lines 33-45 of HUSS).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over HUSS in view of MACNEIL et al. (US 20190086284).
Regarding claim 18: As best understood, HUSS discloses: A device, comprising: a transducer (12 in FIG. 2) comprising : a membrane (72; col. 3 lines 35-45) disposed over a cavity (“deflectable” in col. 3 lines 35-45); a first circuit (circuit elements on 72) including a plurality of elements (76, 78, 80, 82) having a resistance, the first circuit being disposed on the membrane (FIG. 2) and configured to measure a pressure difference (col. 1 lines 45-54); and a second circuit (the circuit 72 measured across 86 and 88 that leads to Vtemp at 66) configured to implement a temperature-calibration procedure by utilizing the resistance of the first circuit to measure a temperature used in the temperature-calibration procedure (col. 4 lines 33-59).
HUSS does not disclose that their semiconductor pressure sensor is installed on a mobile communication device.
MACNEIL however does teach a pressure sensor installed on a mobile phone (para. 19).
One skilled in the art at the time the application was effectively filed would be motivated to use the pressure sensor of HUSS on a mobile phone as taught by MACNEIL so that “changes in elevation can be used a location or exercise performed by a user” (para. 19 of MACNEIL).
Regarding claim 19: As best understood, HUSS discloses: the plurality of elements comprises resistive elements of a Wheatstone bridge (72 in FIG. 2) and the resistance is measured at an output port of the Wheatstone bridge (across 86 and 88 leading to Vtemp at 66).
Regarding claim 20: As best understood, HUSS discloses: a third circuit configured to heat up the membrane (step changes of temperature in col. 5 lines 14-23) and a fourth circuit configured to determine an applied stress by measuring a bridge voltage across two terminals of the first circuit (Vpress at 68 in FIG. 2), and wherein the second circuit is configured to implement the temperature-calibration procedure of the membrane by using the third circuit to vary a temperature of the membrane at a predetermined pressure (whatever pressure that calibration set forth in col. 5 lines 14-23 takes place at) and simultaneously measuring the resistance and the bridge voltage of the first circuit (col. 5 lines 14-23).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL J KOLB whose telephone number is (571)270-7601. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura M Sweeney can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL J KOLB/Examiner, Art Unit 2855
