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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: protrusion 26. 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.
Claim Objections
Claims 17-18, 22-29, and 32 are objected to because of the following informalities:
Regarding claims 18 and 22-29, the claims reference “the first section”, “the second section”, and “the third section”. The limitation “the first section” is introduced in independent claim 15. The limitation “the second section” is introduced in dependent claim 16/15. The limitation “the third section” is introduced in dependent claim 17/15. As a result, claim 17 should be dependent on claim 16, and claims 18 and 22-29 should then be dependent on claim 17.
Regarding claim 32, it should be dependent on claim 31 instead of claim 30, since it references “the first circuit board section”.
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.
Claim 31 is 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.
The terms “rigid” and “flexible” in claim 31 is a relative term which renders the claim indefinite. The terms “rigid” and “flexible” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitations “rigid first circuit board”, “rigid second circuit board”, and “flexible third circuit board” are rendered indefinite by the usage of the terms “rigid” and “flexible”.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 15-16 and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Cucci et al. (US 5,869,766) (hereinafter Cucci) in view of Lang (DE 10 2015 207 876 A1) (hereinafter Lang).
Regarding claim 15, Cucci teaches an automation field device [pressure transducer module] (see Abstract) comprising:
a measuring tube [28] configured to conduct a free-flowing medium or a container operable to store a medium [bore 28 serving as a passage within the fluid flow circuit] (Col 8, lines 42-52, see Figs. 3-4);
a measuring arrangement [40, 48] configured to determine a physical and/or chemical measured variable of the medium [pressure], wherein the measuring arrangement is at least partially disposed on the measuring tube or on the container [40, 48 disposed above lip 32 of an opening in bore 28] (see Figs. 3-4);
a housing [14] configured to accommodate at least one electronic component operable for operating the measuring arrangement, controlling a controlled variable of the measuring arrangement, determining a measured value of the measured variable, and/or evaluating the measured variable of the measuring arrangement [pressure sensor, electronic circuit, all contained within cavity of the housing] (Col 4, lines 60-67, Col 5, lines 35-45, see Figs. 1-4), wherein the housing is disposed on the measuring tube or on the container (see Figs. 1-4); and
at least one molding [50], which is disposed in the housing, wherein the at least one molding includes a formed first section, wherein the first section includes a receptacle with an undercut [flange 52 having undercut section] (see Figs. 3-4),
wherein the at least one electronic component is arranged with interlocking or frictional engagement in the undercut and is held by the first section [pressure sensor 40 sits in the undercut of the first portion of molding 50] (see Figs. 3-4).
Cucci fails to teach wherein the formed first section is an at least partially elastically formed first section. Lang teaches a similarly arranged sensor arranged with interlocking or frictional engagement in an undercut of a receptacle of an at least partially elastically formed first section [at least one sealing element 152] for providing a seal between the sensor element against the housing (Para [0058], see Abstract, Fig. 2A). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Cucci with Lang such that the formed first section is an at least partially elastically formed first section, in order to provide improved sealing between the sensor and the housing.
Regarding claim 16, Cucci in view of Lang as applied to claim 15 above teaches the claimed invention, in addition to wherein the housing includes an inner lateral surface (see Cucci Figs. 3-4), the at least one molding includes a formed second section which is in mechanical contact with the inner lateral surface [outside edge of spacer 50 in contact with inner lateral surface of housing 14] (see Cucci Figs. 3-4); and the second section includes a protrusion which is configured as a circumferential sealing lip [outside edge of spacer 50 includes outside edge of flange 52 as a circumferential sealing lip with o-ring 54] (see Cucci Fig. 4). Cucci in view of Lang fails to teach wherein the formed second section is an elastically formed second section. Lang teaches a similarly arranged sensor arranged with interlocking or frictional engagement in an undercut of a receptacle of an at least partially elastically formed first section [at least one sealing element 152] for providing a seal between the sensor element against the housing (Para [0058], see Abstract, Fig. 2A). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to further modify Cucci in view of Lang such that the formed second section is an elastically formed second section, in order to provide improved sealing between the sensor and the housing.
Regarding claim 30, Cucci in view of Lang as applied to claim 15 above teaches the claimed invention, in addition to wherein the at least one electronic component comprises a circuit board, which includes electronic components configured to operate the measuring arrangement, control the control variable of the measuring arrangement and/or evaluate the measured variable of the measuring arrangement [electronic circuit module 48] (Col 9, lines 63-67, see Cucci Fig. 4).
As best understood regarding claim 31, Cucci in view of Lang as applied to claim 30 above teaches the claimed invention, in addition to wherein the circuit board includes a rigid first circuit board section and a rigid second circuit board section; the circuit board includes a flexible third circuit board section; and the first board section is separated from the second circuit board section by the third circuit board section [circuit module 48 can be arbitrarily separated and designated into first, second, and third sections; surface of circuit module 48 inherently having some degree of rigidity/flexibility such that sections can be considered rigid and/or flexible] (see Cucci Fig. 4).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Cucci in view of Lang, as applied to claim 31 above, and further in view of Bulteau et al. (EP 2 597 435 B1) (hereinafter Bulteau).
Regarding claim 32, Cucci in view of Lang as applied to claim 31 (see claim objection) above teaches the claimed invention, except for wherein the housing includes an opening; a display glass which is transparent at least in a portion, disposed in the opening; the circuit board include a display disposed on the first circuit board section; and the display can be viewed through the display glass. Bulteau teaches a field device comprising a housing having an opening, a display glass which is transparent disposed in the opening, a circuit board including ga display disposed on a first circuit board section, such that the display can be viewed through the display glass (see Claim 1, Fig. 3). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Cucci in view of Lang with Bulteau such that the housing includes an opening; a display glass which is transparent at least in a portion, disposed in the opening; the circuit board include a display disposed on the first circuit board section; and the display can be viewed through the display glass, in order to allow a user to monitor the sensed parameters.
Allowable Subject Matter
Claims 17-29 and 33 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 17, the primary reason for the indication of allowable subject matter is the inclusion of the limitations regarding wherein the at least one molding, which is disposed in the housing, includes an at least partially elastically formed third section which is in mechanical contact with the outer lateral surface of the measuring tube or the container, and the third section includes a protrusion, in combination with the rest of the limitations found in claim 15-16 (see claim objection above), from which it depends upon.
Regarding claims 18-21, they appear to be dependent on claim 17 (see claim objection above).
Regarding claims 22-29, they are dependent on claim 17.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Z HUANG whose telephone number is (571)270-5360. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/DAVID Z HUANG/ Primary Examiner, Art Unit 2855