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 .
Claim Rejections - 35 USC § 112
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 14 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.
A broad range or limitation followed by linking terms (e.g., preferably, maybe, for instance, especially) and a narrow range or limitation within the broad range or limitation is considered indefinite since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired.
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) 14 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cucci et al. (U.S. 5,869,766, hereafter referred to as Cucci).
Regarding claim 14, Cucci teaches an automation field device, comprising: a measuring tube 28 configured to conduct a flowable medium, wherein the measuring tube has an outer lateral surface (see figure 3); a measuring arrangement 40 operable for determining a physical and/or chemical measured variable of the medium, wherein the measuring arrangement is at least partially arranged on the measuring tube (see figure 4); a housing 20 configured to accommodate at least one electronic component configured to operate the measuring arrangement, control a controlled variable of the measuring arrangement, determine a measured value of the measured variable, and/or evaluating the measured variable, wherein the housing is arranged on the outer lateral surface see figure 2), and the measuring arrangement is at least partially covered (see figure 4), and wherein the housing includes a housing wall, which together with the outer lateral surface 32 delimits a housing interior; and a molded part 52 operable for fixing the at least one electronic component and/or the measuring arrangement, wherein the molded part 52 is arranged in the housing interior (see figure 4), wherein the molded part includes an outer molded part lateral surface, wherein the outer molded part lateral surface and the housing wall and in particular the outer lateral surface delimit a seal seat, and wherein a sealing means 54 is arranged in the seal seat.
Regarding claim 20, Cucci teaches wherein the housing includes a first housing molded part 52 and a second housing molded part 38; the first housing molded part and the second housing molded part are at least interlockingly and/or frictionally connected to each other; and the first housing molded part and the second housing molded part each have second edge portions, which are in mutual contact (see figure 4).
Allowable Subject Matter
Claims 15-19 and 21-28 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMEL E WILLIAMS whose telephone number is (571)270-7027. The examiner can normally be reached Monday-Thursday 10am-4pm.
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/JAMEL E WILLIAMS/ Primary Examiner, Art Unit 2855