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, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Etschmaier et al. U.S. Publication 2020/0393351.
With respect to claim 1, Etschmaier discloses an integrated particulate matter sensor system comprising:
A sensor device comprising an environmental sensor for determining at least one environmental parameter associated with a sensor gas flow through the sensor device (P.0063)
The sensor device comprising a heat exchanger for exchanging heat between at least a first portion of the sensor gas flow upstream of the environmental sensor and at least a second portion of the gas flow downstream of the environmental sensor, such that the portion of the sensor gas flow is preheated using waste heat generated by the environmental sensor itself (P.0087, heat exchanger = substrate 102 gathers residual waste heat)
With respect to claim 3, Etschmaier discloses all of the limitations as applied to claim 1 above. In addition, Etschmaier discloses:
An inlet for allowing an inlet gas flow to enter the sensor device, the inlet gas flow forming the first portion of the sensor gas flow (Figure 1, inlet 106)
An outlet for allowing an outlet gas flow to exit the sensor device, the outlet gas flow comprising the second portion of the sensor gas flow (Figure 1, outlet 108)
Wherein the heat exchanger is configured to exchange heat between the inlet gas flow and the outlet gas flow (Figure 1, substrate 102 and cover 120 inherently exchange heat from one end of the device to the other)
With respect to claim 5, Etschmaier discloses all of the limitations as applied to claim 1 above. In addition, Etschmaier discloses:
Wherein the environmental sensor is a particulate matter sensor for determining at least one parameter associated with the particulate matter in the sensor gas flow (Figure 1, P.0063-64, P.0074, particulate matter size for air quality)
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) 8, 9, 10, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Etschmaier U.S. Publication 2020/0393351.
With respect to claim 8, Etschmaier discloses a particulate matter sensor comprising:
A first environmental sensor for determining at least one environmental parameter associated with a first sensor gas flow through the sensor device (P.0064, P.0068, first environmental sensor = temperature sensor, Figure 1, P.0090)
A second environmental sensor for determining at least one environmental parameter associated with a second sensor gas flow through the sensor device, the second environmental sensor being arranged downstream of the first environmental sensor such that the second sensor gas flow comprises at least a portion of the first sensor gas flow downstream of the first environmental sensor (P.0064, P.0068, second environmental sensor = optical particulate matter sensor 10, P.0087, wherein controller 112 can be substituted for the heater 130 so would be arranged upstream of the sensor 10)
Wherein the second sensor gas flow is preheated using waste heat generated by the first environmental sensor (P.0087)
Etschmaier discloses that the microcontroller 112 in Figure 1 can be substituted for the heater 130 in order to use the waste heat from the microcontroller to heat the sample. Etschmaier also discloses incorporating a temperature sensor in the microcontroller 112. The examiner believes the combination of these teachings arrives at the above claims. However, if not, Etschmaier at the very least makes it obvious to incorporate a first sensor prior to the particulate matter sensor and using the waste heat from that element at the first sensor to heat the sample. This arrives at a compact, efficient design that allows for various properties to be measured at once in a fluid sample.
With respect to claim 9, Etschmaier discloses all of the limitations as applied to claim 8 above. In addition, Etschmaier discloses:
A heat exchanger for exchanging heat between at least a first portion of the second sensor gas flow upstream of the second environmental sensor and at least a second portion of the second sensor gas flow downstream of the second environmental sensor (Figure 1, heat exchanger = cover 120 or substrate 102, wherein inherently the heat from any electronic components are transferred even minorly across the surfaces
Whereby the second sensor gas flow is additionally preheated using waste heat generated by the second environmental sensor (inherent that any optical sensor is going to heat up the sample unless steps are taken to prevent it which are not disclosed in Etschmaier)
With respect to claim 10, Etschmaier discloses all of the limitations as applied to claim 8. In addition, Etschmaier discloses:
Wherein the first environmental sensor is a first particulate matter sensor for determining at least one parameter associated with particulate matter in the first sensor gas flow (P.0064, P.0068, second environmental sensor = optical particulate matter sensor 10)
Wherein the second environmental sensor is a second particulate matter sensor for determining at least one parameter associated with particulate matter in the second sensor gas flow (P.0064, P.0068, first environmental sensor = temperature sensor)
With respect to claim 15, Etschmaier discloses all of the limitations as applied to claim 10 above. In addition, Etschmaier discloses:
Wherein the second particulate matter sensor is an optical particulate matter sensor comprising a first light source and a first light detector (P.0117, light source 22, detector 24)
wherein the first and second sensors are mounted on a common circuit board (P.0118, common circuit board = PCB substrate 102)
wherein the circuit board is arranged such that the second sensor gas flow upstream of the second particulate matter sensor is in thermal contact with the circuit board (P.0018, wherein both are mounted on the board)
However, Etschmaier fails to disclose the first particulate matter sensor is an optical particulate matter sensor comprising a first light source and a light detector.
Etschmaier discloses the first particulate matter sensor is a temperature sensor but fails to disclose the specifics of the temperature sensor. A temperature sensor often has a light source and light detector (for example U.S. Publication 2004/0131504 and U.S. Publication 2003/0028345). It would have been obvious to one of ordinary skill in the art at the time of the invention to use a light source and detector within the temperature sensor of Etschmaier and to include them as mounted on the common PCB as the other components for a complete and reproducible measurement of the fluid.
Alternatively, it would have been obvious to one of ordinary skill in the art at the time of the invention to multiple the single optical particulate matter sensor of Etschmaier to create to two optical particulate matter sensors such that the fluid can be measured at two different locations in the flow stream for more complete measurement data that allows more conclusive analysis. It has been held that duplicating working parts of a device involves only routine skill in the art.
With respect to claim 16, Etschmaier discloses all of the limitations as applied to claim 8 above. However, Etschmaier fails to disclose a valve movable between a first state and a second state controlling flow between the first environmental sensor and the second environmental sensor.
It would have been obvious to one of ordinary skill in the art at the time of the invention to use a valve between sensors since valves are well known in the art for controlling flows, especially through measurement systems, and by opening and closing the valve, it would be obvious that the flow would start or stop by virtue of pressure changes. This would allow for control over timing of the flow reaching the second sensor, either for the sensor’s sake or for performing extra processing on the sample.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Etschmaier U.S. Publication 2020/0393351 in view of Gnauert U.S. Publication 2013/0125624.
With respect to claim 4, Etschmaier discloses all of the limitations as applied to claims 1 and 3 above. However, Etschmaier fails to disclose the heat exchanger comprises an inlet tubing section arranged between the inlet and the environmental sensor and an outlet tubing section arranged between the environmental sensor and the outlet, the outlet tubing section surrounding the inlet tubing section.
Gnauert discloses a system for measuring aerosols comprising:
A heat exchanger comprises an inlet tubing section arranged between the inlet and the environmental sensor and an outlet tubing section arranged between the environmental sensor and the outlet, the outlet tubing section surrounding the inlet tubing section (Figure 1, heat exchanger = everything below sensor measuring area 26 in Figure 1, inlet tubing section = 12a, outlet tubing = 20a, environmental sensor = 16 + 17 + 18, P.0016)
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the overlapping inlet and outlet tubing of Gnauert since this provides a compact arrangement of parts with only a single supply line without requiring mechanical components to move the sample through (P.0010-P.0011)
Allowable Subject Matter
Claims 7, 11, 13, 14, 40, and 41 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.
Citation
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Etschmaier et al. U.S. Publication 2020/0400544 discloses an integrated filter-based particulate matter sensors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 pm.
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/REBECCA C BRYANT/ Primary Examiner, Art Unit 2877