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 .
Election/Restrictions
Applicant’s election of Species 1 (corresponding to claims 1-9 and 18-27) in the reply filed on 4/27/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 10-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 1-9 and 18-25 are objected to because of the following informalities:
In claim 1, “Apparatus” should be changed to --An apparatus-- in line 1; --of-- should be added after “inside” in line 2; --being-- should be added after “element” in line 9; and the structural relationship between the shielding portion and the first and second temperature sensing elements with the housing is not clear (it is not clear if the shielding portion and the temperature sensors are either outside or inside of the housing).
In claims 2-6, 19, 22, and 24, “Apparatus” should be changed to --The apparatus-- in line 1.
In claim 2, --the-- should be added before “prevailing” in lines 2 and 3.
In claim 5, --of-- should be added after “inside” in line 3.
In claim 7, “an” should be changed to --the-- in line 1; “thermal” should be changed to --temperature-- in line 5 (there is lack of antecedent basis in the claim for ‘thermal sensing element’); “the” should be changed to --a-- at the end of line 5 (there is lack of antecedent basis in the claim for ‘the temperature’ in lines 5-6); “the fluid” should be changed to --a fluid-- in line 6 (there is lack of antecedent basis in the claim for ‘the fluid’); and “thermal” should be changed to --temperature-- in line 8 (there is lack of antecedent basis in the claim for ‘thermal sensing’ elements).
In claim 8, “A method” should be changed to --The method-- in line 1; and “sensor” should be changed to --sensing element-- in lines 1 and 2 (there is lack of antecedent basis in the claim for a temperature ‘sensor’).
In claim 9, --a-- should be added before “fluid” in line 1; and --the-- should be added before “environmental” in lines 6 and 7.
In claim 18, --a-- should be added before “fluid” in line 1; and there is lack of structural relationship between the first thermal sensing element and the second thermal sensing element with respect to each other and with respect to the housing.
In claim 20, --a-- should be added before “fluid” in line 1; --on the housing-- should be added after “location” in line 4 (it is not clear where the second location is located); and “the relationship” should be changed to --a relationship-- in lines 6-7 (there is lack of antecedent basis in the claim for ‘the relationship’).
In claim 21, “A method” should be changed to --The method-- in line 1.
In claim 22, --an-- should be added before “ambient” in line 2; and --of-- should be added after “outside” in line 3.
In claim 23, “A method” should be changed to --The method-- in line 1; “the environment” should be changed to --an environment-- in line 3 (there is lack of antecedent basis in the claim for ‘the environment’); --of-- should be added after “outside” in line 3; and “the relationship” should be changed to --a relationship-- in lines 5-6 (there is lack of antecedent basis in the claim for ‘the relationship’).
In claim 24, there is lack of structural relationship between the claimed visual indicator with the members recited in base claim 1.
In claim 25, “an” should be changed to --the-- in line 1.
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 8, 26, and 27 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 8, it is not clear how the second temperature sensor and the third temperature sensor are the same temperature sensor (e.g., are they the same type of temperature sensor?).
In claims 26 and 27, the term “optionally” in respective line 3 renders the claims indefinite because it is unclear whether the limitation following the term are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
The allowability of claims 1-9 and 18-27 has not been established due to the objectivities and rejections stated above, but it appears that they would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and objections set forth in this Office action.
Conclusion
The reference made of record and not relied upon by the examiner is considered pertinent to applicant's disclosure by disclosing estimating a temperature inside of a housing in a non-invasive manner.
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
5/30/26
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