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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “4b” has been used to designate both the bottom of the recess, as shown in figures 2 and 9, and the test body in figure 6. 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 it does not include section headings as provided in 37 CFR 1.77(b). Appropriate correction is required.
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.
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.
Claims 28, 32, 33, and 37-40 are 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.
In claim 28, it is not clear how the temperature sensor has a sealing component to cover the further opening (the further opening is closed off by the fastening device 7a or 7b, as shown in figures 5-7).
In claim 32, there is lack of antecedent basis in the claim for “the measuring head” in lines 1-2.
In claim 33, there is lack of antecedent basis in the claim for “the side wall” in line 2.
In claim 37, it is not clear if the spring part, as recited in lines 4 and 5, is referring to the spring clamp or if it is in addition to the spring clamp recited in line 2. For examination purposes, the spring part is considered to be part of the spring clamp.
In claim 40, it is not clear if the outer cover recited in line 1 is referring to the measuring head recited in line 1 of base claim 37, or if it is in addition to the measuring head recited in line 1 of base claim 37. For examination purposes, the outer cover is considered to be the measuring head.
Claims 38 and 39 are rejected for being dependent on a rejected base claim.
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 21-25, 27, 29, 34, and 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CH692964 to Wild (see the attached translation).
Referring to claim 21, Wild discloses a test arrangement (figures 2, 3; page 2, line 20-page 4, line 9; page 4, lines 13-20) comprising:
a test body (3, 5); and
a temperature sensor (15) for measuring a temperature of the test body (3, 5);
wherein the test body (3, 5) has a recess (9) open towards an insertion side of the test body (3, 5), and
wherein the temperature sensor (15) has a temperature-sensitive element (19) that is at least partially recessed in the recess (9) by insertion (page 3, lines 17-18).
Referring to claim 22, Wild discloses that the temperature sensitive element (19) is completely recessed in the recess (9) (figure 2).
Referring to claim 23, Wild discloses a fastening device (23) for fixing the temperature sensor (15) against movements against an insertion direction (figure 2).
Referring to claim 24, Wild discloses that the fastening device (23) comprises a spring clamp (24) (figures 2, 3; page 3, lines 1-9).
Referring to claim 25, Wild discloses that a holding region (21, 27) (figure 2) of the temperature sensor (15) rests on the insertion side of the test body (3, 5), the spring clamp (24) engages around the test body (3, 5) and, by resting a support region (13) of the spring clamp (24) on an outer side of the test body (3, 5), produces a clamping effect between the holding region (21, 27) and the support region (13) (figure 2; page 2, line 36-page 4, line 20).
Referring to claim 27, Wild discloses that the recess (9) is a blind hole (figure 2).
Referring to claim 29, Wild discloses that the temperature sensor (15) at least partially covers the recess (9) on the insertion side of the test body (by 27) (figure 2).
Referring to claim 34, Wild discloses that the temperature sensor (15) is shaped in such a way that it is secured against tilting against the insertion direction (figure 2).
Referring to claim 37, Wild discloses a temperature sensor having a temperature sensitive element (19) in a measuring head (17) and a spring clamp (23), which are connected to one another in a connection region (27), the measuring head (17) extending from the connection region (27) in an insertion direction of the measuring head (17), the connection region (27) having a bearing surface, and a spring part (25) being arranged opposite the connection region (27), the spring part (25) being configured to exert a spring effect with respect to the connection region (27) in the insertion direction (figure 2; page 2, line 36-page 3, line 9).
Claims 21, 22, 27, and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2009074946 to Suzuki et al [hereinafter Suzuki] (see the attached translation).
Referring to claim 21, Suzuki discloses a test arrangement (figure 6; paragraphs 6, 8, 10-13, 16, 17, 19) comprising:
a test body (B); and
a temperature sensor for measuring a temperature of the test body (B) (figure 6);
wherein the test body (B) has a recess (b1) open towards an insertion side of the test body (B) (figure 6), and
wherein the temperature sensor has a temperature-sensitive element (1) that is at least partially recessed in the recess (b1) by insertion (paragraph 17).
Referring to claim 22, Suzuki discloses that the temperature sensitive element (1) is completely recessed in the recess (b1) (figure 6).
Referring to claim 27, Suzuki discloses that the recess (b1) is a blind hole (figure 6).
Referring to claim 34, Suzuki discloses that the temperature sensor is shaped in such a way that it is secured against tilting (by the walls or the recess b1) against the insertion direction (figure 6).
Claims 37 and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE102006003602 to Bard et al [hereinafter Bard] (see the attached translation).
Referring to claim 37, Bard discloses (figures 1-3; paragraphs 35-37, 40, 41, 43) a temperature sensor having a temperature sensitive element (5) in a measuring head (6) and a spring clamp (8), which are connected to one another in a connection region (top area of 4 in figure 1), the measuring head (6) extending from the connection region in an insertion direction of the measuring head, the connection region having a bearing surface (where 8 is located in figure 3), and a spring part (81, 82) being arranged opposite the connection region, the spring part (81, 82) being configured to exert a spring effect with respect to the connection region in the insertion direction (paragraph 36).
Referring to claim 39, Bard discloses that the temperature sensitive element comprises an NTC-ceramic and a metallization (paragraph 41).
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 21, 23, 26, 29, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2004/0151230 to Das et al [hereinafter Das].
Referring to claim 21, Das discloses a test arrangement (figures 3, 4; paragraphs 13, 15) comprising:
a test body (26); and
a temperature sensor (120) for measuring a temperature of the test body (26) (paragraph 13);
wherein the test body (26) has a recess (26a) open towards an insertion side of the test body (26) (paragraph 15), and
wherein the temperature sensor (120) has a temperature-sensitive element (for sensing the temperature) (claim 13), wherein the temperature sensor (120) is at least partially recessed in the recess (26a) by insertion (figure 4).
Das does not explicitly disclose that the temperature-sensitive element is at least partially recessed in the recess.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the temperature-sensitive element of Das be at least partially recessed in the recess in order to place the temperature-sensitive element close to and surrounded by the surface of the test body to obtain a more accurate temperature measurement of the test body, which Das suggests is desirable (paragraph 14).
Referring to claim 23, Das discloses an arrangement having all of the limitations of claim 23, as stated above with respect to claim 21, wherein Das further discloses a fastening device (130) for fixing the temperature sensor (120) against movements against an insertion direction (figures 3, 4; paragraph 15).
Referring to claim 26, Das discloses an arrangement having all of the limitations of claim 26, as stated above with respect to claim 23, wherein Das further discloses that the fastening device (130) comprises a cable tie (figures 3, 4; paragraph 15).
Referring to claim 29, Das discloses an arrangement having all of the limitations of claim 29, as stated above with respect to claim 21, wherein Das further discloses that the temperature sensor (120) at least partially covers the recess (26a) on the insertion side of the test body (26) (figure 4).
Referring to claim 34, Das discloses an arrangement having all of the limitations of claim 34, as stated above with respect to claim 21, wherein Das further discloses that the temperature sensor (120) is shaped in such a way that it is secured against tilting against the insertion direction (by the tie 130) (figure 4; paragraph 15).
Claims 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Wild in view of U.S. Patent 5,829,880 to Diedrich.
Referring to claim 30, Wild discloses an arrangement having all of the limitations of claim 30, as stated above with respect to claim 21, except for a contact agent having better thermal conductivity than air filling a space between an outside of the temperature sensitive element and walls of the recess.
However, Diedrich discloses a test arrangement (figure 5; column 4, lines 19-23) comprising a temperature sensor (20) for measuring a temperature of a test body (12), wherein the arrangement uses a thermally conductive contact agent (45) in a space between an outside of a temperature sensitive element (40) and walls of a recess of the test body to conduct heat from the test body to the temperature sensor (20), which allows for obtaining a more accurate temperature measurement.
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 Wild with a thermally conductive contact agent filling a space between an outside of the temperature sensitive element and walls of the recess, as suggested by Diedrich, in order to conduct heat from the test body to the temperature sensor to obtain a more accurate temperature measurement.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Wild in view of Diedrich with a contact agent having a better thermal conductivity than air in order to provide better heat conduction from the test body to the temperature sensor, which Diedrich suggests is desirable, to obtain a more accurate temperature measurement.
Referring to claim 31, Wild in view of Diedrich disclose an arrangement having all of the limitations of claim 31, as stated above with respect to claim 30, wherein Diedrich discloses that the contact agent is a thermal paste (column 4, lines 19-23).
Referring to claim 32, Wild discloses an arrangement having all of the limitations of claim 32, as stated above with respect to claim 21, except for a space between a measuring head and walls of the recess being at least partially filled with a potting compound.
However, Diedrich discloses a test arrangement (figures 4, 5; column 4, lines 19-23) comprising a temperature sensor (20) for measuring a temperature of a test body (12), wherein the arrangement uses a thermally conductive potting compound (45) filling a space between a measuring head of a temperature sensitive element (40) (figure 4) and walls of a recess of the test body to conduct heat from the test body to the temperature sensor (20), which allows for obtaining a more accurate temperature measurement.
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 Wild with a thermally conductive potting compound filling a space between a measuring head of the temperature sensor and walls of the recess, as suggested by Diedrich, in order to conduct heat from the test body to the temperature sensor to obtain a more accurate temperature measurement.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Wild in view of Diedrich with a potting compound having a better thermal conductivity than air in order to provide better heat conduction from the test body to the temperature sensor, which Diedrich suggests is desirable, to obtain a more accurate temperature measurement.
Claims 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki in view of Diedrich.
Referring to claim 30, Suzuki discloses an arrangement having all of the limitations of claim 30, as stated above with respect to claim 21, except for a contact agent having better thermal conductivity than air filling a space between an outside of the temperature sensitive element and walls of the recess.
However, Diedrich discloses a test arrangement (figure 5; column 4, lines 19-23) comprising a temperature sensor (20) for measuring a temperature of a test body (12), wherein the arrangement uses a thermally conductive contact agent (45) in a space between an outside of a temperature sensitive element (40) and walls of a recess of the test body to conduct heat from the test body to the temperature sensor (20), which allows for obtaining a more accurate temperature measurement.
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 Suzuki with a thermally conductive contact agent filling a space between an outside of the temperature sensitive element and walls of the recess, as suggested by Diedrich, in order to conduct heat from the test body to the temperature sensor to obtain a more accurate temperature measurement.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Suzuki in view of Diedrich with a contact agent having a better thermal conductivity than air in order to provide better heat conduction from the test body to the temperature sensor, which Diedrich suggests is desirable, to obtain a more accurate temperature measurement.
Referring to claim 31, Suzuki in view of Diedrich disclose an arrangement having all of the limitations of claim 31, as stated above with respect to claim 30, wherein Diedrich discloses that the contact agent is a thermal paste (column 4, lines 19-23).
Referring to claim 32, Suzuki discloses an arrangement having all of the limitations of claim 32, as stated above with respect to claim 21, except for a space between a measuring head and walls of the recess being at least partially filled with a potting compound.
However, Diedrich discloses a test arrangement (figures 4, 5; column 4, lines 19-23) comprising a temperature sensor (20) for measuring a temperature of a test body (12), wherein the arrangement uses a thermally conductive potting compound (45) filling a space between a measuring head of a temperature sensitive element (40) (figure 4) and walls of a recess of the test body to conduct heat from the test body to the temperature sensor (20), which allows for obtaining a more accurate temperature measurement.
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 Suzuki with a thermally conductive potting compound filling a space between a measuring head of the temperature sensor and walls of the recess, as suggested by Diedrich, in order to conduct heat from the test body to the temperature sensor to obtain a more accurate temperature measurement.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Suzuki in view of Diedrich with a potting compound having a better thermal conductivity than air in order to provide better heat conduction from the test body to the temperature sensor, which Diedrich suggests is desirable, to obtain a more accurate temperature measurement.
Claims 33 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Wild.
Referring to claim 33, Wild discloses an arrangement having all of the limitations of claim 33, as stated above with respect to claim 21, and further discloses a distance between an outside of the temperature-sensitive element to a point on the side wall of the recess (figure 2), but does not disclose that a distance between an outside of the temperature sensitive element to the point on the side wall of the recess being at most 0.6 mm.
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 distance between the outside of the temperature-sensitive element to the point on the side wall of the recess of Wild at most 0.6 mm in order to obtain a desired heat transfer from the side wall of the recess to the temperature-sensitive element to obtain a more accurate temperature measurement; and since it has been held that, where the general conditions of a claim disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Referring to claim 40, Wild discloses a sensor having all of the limitations of claim 40, as stated above with respect to claim 37, but is silent as to the material of the measuring head (outer cover) of the temperature sensitive element; thereby not explicitly disclosing that the measuring head (outer cover) of the temperature sensitive element has an absorption value for thermal radiation of more than 0.5.
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 measuring head (outer cover) of Wild of a material having an absorption value for thermal radiation of more than 0.5 in order to provide a desired heat transfer to the temperature sensitive element to obtain a more accurate temperature measurement; and since the particular type of material used to make the measuring head (outer cover) claimed by the applicant is only considered to be the use of a “preferred” or “optimum” material out of a plurality of well-known radiation absorbing materials that a person having ordinary skill in the art at the time the invention was made would have been able to provide based on the intended use of applicant’s apparatus, i.e., suitability for the intended use of applicant’s apparatus. See In re Leshin, 125 USPQ 416 (CCPA 1960), where the courts held that a selection of a material on the basis of suitability for intended use of an apparatus would be entirely obvious.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki.
Referring to claim 33, Suzuki discloses an arrangement having all of the limitations of claim 33, as stated above with respect to claim 21, and further discloses a distance between an outside of the temperature-sensitive element (1) to a point on the side wall of the recess (b1) (figure 6), but does not disclose that a distance between an outside of the temperature sensitive element to the point on the side wall of the recess being at most 0.6 mm.
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 distance between the outside of the temperature-sensitive element to the point on the side wall of the recess of Suzuki at most 0.6 mm in order to obtain a desired heat transfer from the side wall of the recess to the temperature-sensitive element to obtain a more accurate temperature measurement; and since it has been held that, where the general conditions of a claim disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Bard.
Referring to claim 40, Bard discloses a sensor having all of the limitations of claim 40, as stated above with respect to claim 37, except for explicitly disclosing that the measuring head (6) (outer cover) of the temperature sensitive element has an absorption value for thermal radiation of more than 0.5.
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 measuring head (outer cover) of Bard of a material having an absorption value for thermal radiation of more than 0.5 in order to provide a desired heat transfer to the temperature sensitive element to obtain a more accurate temperature measurement; and since the particular type of material used to make the measuring head (outer cover) claimed by the applicant is only considered to be the use of a “preferred” or “optimum” material out of a plurality of well-known radiation absorbing materials that a person having ordinary skill in the art at the time the invention was made would have been able to provide based on the intended use of applicant’s apparatus, i.e., suitability for the intended use of applicant’s apparatus. See In re Leshin, 125 USPQ 416 (CCPA 1960), where the courts held that a selection of a material on the basis of suitability for intended use of an apparatus would be entirely obvious.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Wild in view of Bard.
Referring to claim 39, Wild discloses a sensor having all of the limitations of claim 39, as stated above with respect to claim 37, except for the temperature sensitive element comprises an NTC-ceramic and a metallization.
However, Bard discloses (figures 1-3; paragraphs 35-37, 40, 41, 43) a temperature sensor having a temperature sensitive element (5) in a measuring head (6), wherein the temperature sensitive element comprises an NTC-ceramic and a metallization (paragraph 41) for measuring the temperature of a test body.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an NTC-ceramic and a metallization as the temperature sensitive element in Wild, as suggested by Bard, in order to provide a desired alternate temperature sensitive element for measuring the temperature in the test body; and since
the use of the particular type of temperature sensitive element claimed by applicant is considered to be nothing more than a choice of engineering skill, choice, or design, because the use of the particular temperature sensitive element claimed by applicant is considered to be the use of numerous and known alternate types of temperature sensitive elements 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 temperature sensitive element as already suggested by Wild.
Allowable Subject Matter
Claims 28, 35, 36, and 38 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, and amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A test arrangement, wherein the recess has a further opening on an outer side of the test body which is covered by a sealing component of the temperature senso (claim 28); wherein a measuring head in which the temperature sensitive element is arranged has a form-fitting region which fits at least partially in a fitting manner into the shape of the recess (claim 35).
A temperature sensor comprising a sensor housing which is manufactured together with the spring clamp as a stamped and bent component (claim 38).
Conclusion
The references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by disclosing a test arrangement using a temperature sensor, but do not disclose the allowable subject matter stated above.
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.
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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
11/1/25