DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement filed 10/11/23 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to in Foreign Patent Document 9 (EP2748571A1) has not been considered because a copy has not been received.
The references in the information disclosure statement filed 8/8/25 (except for Foreign Patent Document 4 (EP2748571A1) have been previously cited in the information disclosure statement filed 10/11/23.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “10” has been used to designate both the bore and an environment in figure 6b. 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. 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.
Specification
The specification is objected to because of the following informalities:
In the specification, reference character “T” has been used to designate both a temperature and a tangent (e.g., see page 11, line 2; page 12, line 3; and page 15); and “2” should be changed to --7-- in page 12, line 9.
Appropriate correction is required.
Claim Objections
Claims 16-18, 21, 24-26, 32, and 34 are objected to because of the following informalities:
In claim 16, --being-- should be added before “configured” in line 1; “the” should be changed to --a-- throughout line 2 (there is lack of antecedent basis in the claim for “the” temperature, flow rate, or flow velocity); “the container face to face via the contact surface” should be changed to --an outer surface of the container-- in line 5 for clarity; and --being-- should be added after “element” in line 7.
In claim 17, “a” should be changed to --the-- in line 2.
In claim 18, “an outer wall” should be changed to --the outer surface-- in line 3 (to follow the amendment to claim 16 stated above).
In claim 21, --to each other-- should be added after “angle” in line 3.
In claim 24, --to-- should be added after “adjacent” in line 2.
In claim 25, --an-- should be added before “anisotropic” in lines 2 and 3.
In claim 26, --the-- should be added before “anisotropic” in line 2.
In claim 32, “16” should be changed to --31-- (there is lack of antecedent basis in the claim for “the generative manufacturing process” in lines 1-2). For examination purposes, claim 32 is considered to be dependent on claim 31.
In claim 34, lines 3 and 4 should be replaced with --the coupling element according to claim 16; and the sensor element-- (it is not clear if the sensor element in line 3 is referring to the sensor element in line 6 of base claim 16).
Appropriate correction is required.
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.
Claims 16-21, 23, 24, 27, 29, and 31-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2013/0070808 to Daily et al [hereinafter Daily].
Referring to claim 16, Daily discloses a coupling element (figures 1, 2, 4; paragraphs 1, 2, 24-26, 29, 30) for fastening a device (14) to a container (12), the device (14) being configured for determining and/or monitoring a process variable including a temperature of a medium in the container (12) (paragraph 24), the coupling element comprising:
a main body (28/42) including a contact surface (32) configured to enable the main body (28/42) to be applied to the container face to face via the contact surface (32) (figure 4; paragraph 25);
wherein the main body (28/42) includes a bore (36) that is configured to receive a sensor element (24) of the device (14), the sensor element (24) being configured for determining and/or monitoring the process variable (figure 4; paragraphs 24, 26); and
wherein a longitudinal axis of the bore (36) extends tangentially to the contact surface (32) (e.g., parallel) (figures 1, 4).
Referring to claim 17, Daily discloses the contact surface (32) being adapted to correspond to a surface (30) of the container (12) (figure 4; paragraph 25).
Referring to claim 18, Daily discloses that the contact surface comprises, at least in part, a deformable (capable of being changed in shape) or ductile (capable of being fashioned into a new shape) material selected and configured such that the contact surface (32) can be adapted to a contour of an outer wall (30) of the container (12) (figure 4; paragraph 25).
Referring to claim 19, Daily discloses that the bore (36) is closed (by 40) in an end region, which end region lies within a volume of the main body (28/42) (figure 1; paragraph 28).
Referring to claim 20, Daily discloses a shaft (16) that extends from the main body (28/42) and opens into the bore (36) (figures 1, 4).
Referring to claim 21, Daily discloses the coupling element being configured and/or arranged such that a longitudinal axis of the container (12) and the longitudinal axis of the bore (36) are arranged at a predeterminable angle (e.g., 0º) (figures 1, 4).
Referring to claim 23, Daily discloses that the container (12) is a pipeline conveying the medium (figures 1, 4; paragraphs 1, 2, 24).
Referring to claim 24, Daily discloses a pipeline portion arranged adjacent the contact surface (32), which pipeline portion is configured to guide the medium (therethrough).
Referring to claim 27, Daily discloses thermal insulation (46) comprising a thermally insulating material (thermal/heat shield) is arranged in a region of (58) the main body (28/42) facing away from the contact surface (32) and the bore (36), which thermal insulation (46) at least partially surrounds the main body (28/42) (figure 4; paragraph 30).
Referring to claim 29, Daily discloses the main body (28/42) being constructed from at least two components (28, 42) in a layered structure (42 is on 28) (figure 4).
Referring to claim 31, Daily discloses that the coupling element includes at least two, separately manufactured, coupling components (individual components 28, 42) (figure 4; paragraph 25).
Referring to claim 32, the method of fabricating the coupling element of Daily (by a 3D printing process) is not germane to the issue of patentability of the apparatus itself. Therefore, this limitation has not been given patentable weight.
Referring to claim 33, Daily discloses a fastener (welding) configured to fasten the main body (28/42) to the container (12) (paragraph 25).
Referring to claim 34, Daily discloses a device (figures 1, 2, 4; paragraphs 1, 2, 24-26, 29, 30) for determining and/or monitoring a process variable including a temperature of a medium in a container (12), the device comprising:
a sensor element (24); and
the coupling element according to claim 16 (as stated above).
Claims 16-18, 21-24, 31, 32, and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE19901935 to Schimmel et al [hereinafter Schimmel] (see the attached translation).
Referring to claim 16, Schimmel discloses a coupling element (figures 2, 4; paragraphs 8, 15-17, 19) for fastening a device (1) to a container (15), the device (1) being configured for determining and/or monitoring a process variable including a temperature of a medium in the container (15) (paragraphs 8, 19), the coupling element comprising:
a main body (14) including a contact surface configured to enable the main body (14) to be applied to the container face to face via the contact surface (figure 4; paragraphs 8, 19);
wherein the main body (14) includes a bore that is configured to receive a sensor element (7) of the device (1), the sensor element (7) being configured for determining and/or monitoring the process variable (figure 4; paragraphs 8, 19); and
wherein a longitudinal axis of the bore extends tangentially to the contact surface (figure 4; paragraph 19).
Referring to claim 17, Schimmel discloses the contact surface being adapted to correspond to a surface of the container (15) (figure 4; paragraphs 8, 19).
Referring to claim 18, Schimmel discloses that the contact surface comprises, at least in part, a deformable (capable of being changed in shape) or ductile (capable of being fashioned into a new shape) material selected and configured such that the contact surface can be adapted to a contour of an outer wall of the container (15) (figure 4; paragraphs 8, 19).
Referring to claim 21, Schimmel discloses the coupling element being configured and/or arranged such that a longitudinal axis of the container (15) and the longitudinal axis of the bore are arranged at a predeterminable angle (e.g., 90º) (figure 4; paragraph 19).
Referring to claim 22, Schimmel discloses that the longitudinal axis of the container (15) and the longitudinal axis of the bore are arranged perpendicular to each other (figure 4; paragraph 19).
Referring to claim 23, Schimmel discloses that the container (15) is a pipeline conveying the medium (paragraphs 8, 19).
Referring to claim 24, Schimmel discloses a pipeline portion arranged adjacent the contact surface, which pipeline portion is configured to guide the medium (therethrough) (figure 4; paragraph 19).
Referring to claims 31 and 32, the method of fabricating the coupling element of Schimmel (by a generative manufacturing process as in claim 31, and by a 3D printing process as in claim 32) is not germane to the issue of patentability of the apparatus itself. Therefore, these limitations have not been given patentable weight.
Referring to claim 34, Schimmel discloses a device (figures 2, 4; paragraphs 8, 15-17, 19) for determining and/or monitoring a process variable including a temperature of a medium in a container (15), the device comprising:
a sensor element (7); and
the coupling element according to claim 16 (as stated above).
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.
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 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Daily in view of U.S. Patent Application Publication 2019/0353528 to Umkehrer.
Referring to claim 25, Daily discloses an element having all of the limitations of claim 25, as stated above with respect to claim 16, except for a member comprising a material having anisotropic thermal conductivity arranged in a region of the contact surface.
However, Umkehrer discloses (paragraphs 8, 11, 22, 23, 26, 31, 52, 53) a device for detecting a process variable (temperature), wherein the device comprises a member comprising a material having anisotropic thermal conductivity arranged in a region of a contact surface in order to direct heat flow toward a temperature sensor (7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Daily with a member comprising a material having anisotropic thermal conductivity arranged in a region of the contact surface, as suggested by Umkehrer, in order to direct heat flow toward the sensor element, thereby allowing for a more accurate temperature measurement.
Referring to claim 26, Daily in view of Umkehrer disclose an element having all of the limitations of claim 26, as stated above with respect to claim 25, wherein Umkehrer discloses that the material having the anisotropic thermal conductivity comprises graphite or hexagonal boron nitride (paragraph 26).
Claims 28 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Daily.
Referring to claim 28, Daily discloses an element having all of the limitations of claim 28, as stated above with respect to claim 16, and further discloses that the main body (28/42) is made of a metallic material (paragraphs 25, 29), but does not explicitly disclose the main body consisting of a thermally conductive material in a region facing the contact surface and the bore.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the main body of Daily consist of a thermally conductive material in a region facing the contact surface and the bore in order to conduct heat (thermal coupling) to the sensor element, which Daily suggests is desirable (paragraph 26).
Referring to claim 30, Daily discloses an element having all of the limitations of claim 30, as stated above with respect to claim 16, except for the main body being fabricated, at least in part, from a sintered material or a composite material.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make (fabricate) the main body of Daily at least in part from a sintered material or a composite material in order to provide a material with a desired thermal coupling between the contact surface to the sensor element, which Daily suggests is desirable (paragraph 26); and since the use of the particular type of materials claimed by applicant, i.e., sintered or composite, are considered to be nothing more than a choice of engineering skill, choice, or design, because the use of the particular materials claimed by applicant are considered to be the use of numerous and known alternate types of materials that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide using routine experimentation in order to provide a material for supporting the sensor element as already suggested by Daily.
Claims 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Schimmel in view of Umkehrer.
Referring to claim 25, Schimmel discloses an element having all of the limitations of claim 25, as stated above with respect to claim 16, except for a member comprising a material having anisotropic thermal conductivity arranged in a region of the contact surface.
However, Umkehrer discloses (paragraphs 8, 11, 22, 23, 26, 31, 52, 53) a device for detecting a process variable (temperature), wherein the device comprises a member comprising a material having anisotropic thermal conductivity arranged in a region of a contact surface in order to direct heat flow toward a temperature sensor (7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Schimmel with a member comprising a material having anisotropic thermal conductivity arranged in a region of the contact surface, as suggested by Umkehrer, in order to direct heat flow toward the sensor element, thereby allowing for a more accurate temperature measurement.
Referring to claim 26, Schimmel in view of Umkehrer disclose an element having all of the limitations of claim 26, as stated above with respect to claim 25, wherein Umkehrer discloses that the material having the anisotropic thermal conductivity comprises graphite or hexagonal boron nitride (paragraph 26).
Claims 28 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Schimmel.
Referring to claim 28, Schimmel discloses an element having all of the limitations of claim 28, as stated above with respect to claim 16, except for explicitly disclosing the main body consisting of a thermally conductive material in a region facing the contact surface and the bore.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the main body of Schimmel consist of a thermally conductive material in a region facing the contact surface and the bore in order to conduct heat (heat transfer) to the sensor element, which Schimmel suggests is desirable (paragraphs 8, 19).
Referring to claim 30, Schimmel discloses an element having all of the limitations of claim 30, as stated above with respect to claim 16, except for the main body being fabricated, at least in part, from a sintered material or a composite material.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make (fabricate) the main body of Schimmel at least in part from a sintered material or a composite material in order to provide a material with a desired heat transfer between the contact surface to the sensor element, which Schimmel suggests is desirable (paragraphs 8, 19); and since the use of the particular type of materials claimed by applicant, i.e., sintered or composite, are considered to be nothing more than a choice of engineering skill, choice, or design, because the use of the particular materials claimed by applicant are considered to be the use of numerous and known alternate types of materials that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide using routine experimentation in order to provide a material for transferring heat as already suggested by Schimmel.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Schimmel in view of Daily.
Referring to claim 33, Schimmel discloses an element having all of the limitations of claim 33, as stated above with respect to claim 16, except for a fastener configured to fasten the main body to the container.
However, Daily discloses a coupling element (figures 1, 2, 4; paragraphs 1, 2, 24-26, 29, 30) for fastening a device (14) to a container (12), the coupling element comprising a main body (28/42) including a contact surface (32) configured to enable the main body (28/42) to be applied to the container face to face via the contact surface (32) (figure 4; paragraph 25); a bore (36) that is configured to receive a sensor element (24) of the device (14); and a fastener (welding) configured to securely fasten the main body (28/42) to the container (12) (paragraph 25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Schimmel with a fastener (welding) configured to fasten the main body to the container, as suggested by Daily, in order to securely fasten the main body to the container.
Conclusion
The references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by disclosing a coupling element for fastening a sensing device to a container.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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, Kristina DeHerrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
1/21/26