DETAILED ACTION
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 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.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/06/2024 follows the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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 1, 5, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Dill et al. hereinafter Dill (US 10852261 B2) in view of Liu et al. hereinafter Liu (US 20180292338 A1).
With respect to claim 1, Dill discloses a sensor module that measures concentration of at least one type of gas contained in a gas mixture (respiratory gas sensing system 100 is schematically illustrated in FIG. 1), the sensor module comprising:
a microheater of thermal conduction type that generates heat according to supplied power (The sensing system 100 uses a thermal conductivity sensor 110, col. 5 lines 45-49; power needed to heat thermal conductivity sensing elements, col. 6 lines 50-54); and
a control apparatus (processing module 120) that is able to communicate with the microheater (R1-R3, see Fig. 1), wherein
the control apparatus detects a first detection value corresponding to first temperature of the microheater at a time of supply of first power (The power needed to heat the first thermal conductivity sensing element 111 to its first operating temperature T.sub.111 depends on the thermal conductivity of the respiratory gas surrounding the sensing element 111, col. 6 lines 50-54),
detects a second detection value corresponding to second temperature of the microheater at a time of supply of second power higher than the first power (The processing module 120 measures a first thermal conductivity of the respiratory gas present within the tube 101 at a first temperature and a second thermal conductivity of the respiratory gas at a second, higher temperature, col. 5 lines 54-58), and
calculates the concentration of the at least one type of gas contained in the gas mixture based on the first detection value, the second detection value, and thermal conductivity data related to thermal conductivity of each of a plurality of types of gases contained in the gas mixture (The processing module measures a first thermal conductivity of the respiratory gas at a first temperature and measures a second thermal conductivity of the respiratory gas at a second temperature. The second temperature is higher than the first temperature. The processing module then determines a concentration of carbon dioxide within the respiratory gas in response to the measured first thermal conductivity and the measured second thermal conductivity. The processing module may use additional inputs in determining the concentration of carbon dioxide beyond the measured first and second thermal conductivity, col. 2 lines 2-13).
Dill discloses the heater elements but silent about the heater elements are microheaters.
Liu invention related to the area of detecting gases in an environment using chemical and thermal sensing discloses the heater elements are microheaters (The disclosed gas sensor uses a thermal conductivity sensing, para. [0003]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Dill to substitute the heater elements of Dill with microheater elements as taught by Liu in order to provide efficient and localized heating for thermal conductivity sensing, yielding predictable result.
With respect to claim 5, Dill and Liu disclose the sensor module according to claim 1 above. Dill further discloses the at least one type of gas contains hydrogen (see table that shows hydrogen in col. 11 lines 22-33).
With respect to claim 9, Dill discloses a control apparatus that measures concentration of at least one type of gas contained in a gas mixture (respiratory gas sensing system 100 is schematically illustrated in FIG. 1), the control apparatus comprising:
a detection unit that detects a detection value corresponding to temperature of a microheater of thermal conduction type that generates heat according to supplied power (The sensing system 100 uses a thermal conductivity sensor 110, col. 5 lines 45-49; power needed to heat thermal conductivity sensing elements, col. 6 lines 50-54; The power needed to heat the first thermal conductivity sensing element 111 to its first operating temperature T111 depends on the thermal conductivity of the respiratory gas surrounding the sensing element 111, col. 6 lines 50-54); and
a calculation unit (processing module 120) that calculates the concentration of the at least one type of gas contained in the gas mixture based on the detection value detected by the detection unit (R1-R3, see Fig. 1), wherein
the calculation unit (120)
acquires a first detection value detected by the detection unit and corresponding to first temperature of the microheater at a time of supply of first power (The sensing system 100 uses a thermal conductivity sensor 110, col. 5 lines 45-49; power needed to heat thermal conductivity sensing elements, col. 6 lines 50-54; The power needed to heat the first thermal conductivity sensing element 111 to its first operating temperature T111 depends on the thermal conductivity of the respiratory gas surrounding the sensing element 111, col. 6 lines 50-54),
acquires a second detection value detected by the detection unit and corresponding to second temperature of the microheater at a time of supply of second power higher than the first power (The processing module 120 measures a first thermal conductivity of the respiratory gas present within the tube 101 at a first temperature and a second thermal conductivity of the respiratory gas at a second, higher temperature, col. 5 lines 54-58), and
calculates the concentration of the at least one type of gas contained in the gas mixture based on the first detection value, the second detection value, and thermal conductivity data related to thermal conductivity of each of a plurality of types of gases contained in the gas mixture (The processing module measures a first thermal conductivity of the respiratory gas at a first temperature and measures a second thermal conductivity of the respiratory gas at a second temperature. The second temperature is higher than the first temperature. The processing module then determines a concentration of carbon dioxide within the respiratory gas in response to the measured first thermal conductivity and the measured second thermal conductivity. The processing module may use additional inputs in determining the concentration of carbon dioxide beyond the measured first and second thermal conductivity, col. 2 lines 2-13).
Dill discloses the heater elements but silent about the heater elements are microheaters.
Liu invention related to the area of detecting gases in an environment using chemical and thermal sensing discloses the heater elements are microheaters (The disclosed gas sensor uses a thermal conductivity sensing, para. [0003]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Dill to substitute the heater elements of Dill with microheater elements as taught by Liu in order to provide efficient and localized heating for thermal conductivity sensing, yielding predictable result.
With respect to claim 10, Dill discloses a control method for controlling a control apparatus that measures concentration of at least one type of gas contained in a gas mixture (respiratory gas sensing system 100 is schematically illustrated in FIG. 1), the control method comprising:
detecting a first detection value corresponding to first temperature of a microheater of thermal conduction type at a time when first power is supplied to the microheater that generates heat according to supplied power (The sensing system 100 uses a thermal conductivity sensor 110, col. 5 lines 45-49; power needed to heat thermal conductivity sensing elements, col. 6 lines 50-54; The power needed to heat the first thermal conductivity sensing element 111 to its first operating temperature T111 depends on the thermal conductivity of the respiratory gas surrounding the sensing element 111, col. 6 lines 50-54);
detecting a second detection value corresponding to second temperature of the microheater at a time when second power higher than the first power is supplied to the microheater (The processing module 120 measures a first thermal conductivity of the respiratory gas present within the tube 101 at a first temperature and a second thermal conductivity of the respiratory gas at a second, higher temperature, col. 5 lines 54-58); and
calculating the concentration of the at least one type of gas contained in the gas mixture based on the first detection value, the second detection value, and thermal conductivity data related to thermal conductivity of each of a plurality of types of gases contained in the gas mixture (The processing module measures a first thermal conductivity of the respiratory gas at a first temperature and measures a second thermal conductivity of the respiratory gas at a second temperature. The second temperature is higher than the first temperature. The processing module then determines a concentration of carbon dioxide within the respiratory gas in response to the measured first thermal conductivity and the measured second thermal conductivity. The processing module may use additional inputs in determining the concentration of carbon dioxide beyond the measured first and second thermal conductivity, col. 2 lines 2-13).
Dill discloses the heater elements but silent about the heater elements are microheaters.
Liu invention related to the area of detecting gases in an environment using chemical and thermal sensing discloses the heater elements are microheaters (The disclosed gas sensor uses a thermal conductivity sensing, para. [0003]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Dill to substitute the heater elements of Dill with microheater elements as taught by Liu in order to provide efficient and localized heating for thermal conductivity sensing, yielding predictable result.
With respect to claim 11, Dill discloses a control program for measuring concentration of at least one type of gas contained in a gas mixture (respiratory gas sensing system 100 is schematically illustrated in FIG. 1), the control program causing a control apparatus to execute:
a step of detecting a first detection value corresponding to first temperature of a microheater of thermal conduction type at a time when first power is supplied to the microheater that generates heat according to supplied power (The sensing system 100 uses a thermal conductivity sensor 110, col. 5 lines 45-49; power needed to heat thermal conductivity sensing elements, col. 6 lines 50-54; The power needed to heat the first thermal conductivity sensing element 111 to its first operating temperature T111 depends on the thermal conductivity of the respiratory gas surrounding the sensing element 111, col. 6 lines 50-54);
a step of detecting a second detection value corresponding to second temperature of the microheater at a time when second power higher than the first power is supplied to the microheater (The processing module 120 measures a first thermal conductivity of the respiratory gas present within the tube 101 at a first temperature and a second thermal conductivity of the respiratory gas at a second, higher temperature, col. 5 lines 54-58); and
a step of calculating the concentration of the at least one type of gas contained in the gas mixture based on the first detection value, the second detection value, and thermal conductivity data related to thermal conductivity of each of a plurality of types of gases contained in the gas mixture (The processing module measures a first thermal conductivity of the respiratory gas at a first temperature and measures a second thermal conductivity of the respiratory gas at a second temperature. The second temperature is higher than the first temperature. The processing module then determines a concentration of carbon dioxide within the respiratory gas in response to the measured first thermal conductivity and the measured second thermal conductivity. The processing module may use additional inputs in determining the concentration of carbon dioxide beyond the measured first and second thermal conductivity, col. 2 lines 2-13).
Dill discloses the heater elements but silent about the heater elements are microheaters.
Liu invention related to the area of detecting gases in an environment using chemical and thermal sensing discloses the heater elements are microheaters (The disclosed gas sensor uses a thermal conductivity sensing, para. [0003]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Dill to substitute the heater elements of Dill with microheater elements as taught by Liu in order to provide efficient and localized heating for thermal conductivity sensing, yielding predictable result.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Dill and Liu as applied to claim 1 above, and further in view of SHOJI et al. hereinafter SHOJI (JP 2004191164 A).
With respect to claim 6, Dill and Liu disclose the sensor module according to claim 1 above. Dill further discloses wherein the at least one type of gas contains carbon dioxide and water vapor, and the control apparatus calculate the concentration of the carbon dioxide (The processing module may use additional inputs in determining the concentration of carbon dioxide beyond the measured first and second thermal conductivity, col. 2 lines 10-14).
Dill as modified by Liu is silent about a humidity sensor that detects humidity of atmosphere and the control apparatus subtracts the humidity of the atmosphere from the concentration of the at least one type of gas (subtracting the humidity correction amount Off from the normalized output Vhs of the high temperature detection unit, para. [0143]-[01440).
Accordingly, it would have been obvious to one of ordinary skill in the art to further modify Dill as modified by Liu to include a humidity sensor and perform humidity compensation as taught by Liu in order to improve the accuracy of gas concentration measurements by accounting for environmental humidity effects, yielding predictable results.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Dill and Liu as applied to claim 1 above, and further in view of AKASAKA et al. hereinafter AKASAKA (US 20220117044 A1).
With respect to claim 7, Dill and Liu disclose the sensor module according to claim 1 above. Dill modified by Liu is silent about the microheater contains an insulating layer, a metal oxide provided on the insulating layer, and platinum provided on the metal oxide.
AKASAKA invention related to a microheater, a gas sensor, and a method for manufacturing a microheater discloses the microheater contains an insulating layer (insulating layer 12, para. [0010]), a metal oxide provided on the insulating layer (forming a metal oxide layer on the second insulating layer, para. [0048]), and platinum provided on the metal oxide (process of forming a nitride layer on the oxide insulating layer, the wiring layer includes platinum, para. [0048]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify the microheater of Dill as modified by Liu to include an insulating layer, and platinum provided on the metal oxide as taught by AKASAKA in order to improve thermal stability, sensing performance, and durability of the microheater, yielding predictable results.
With respect to claim 8, Dill, Liu and AKASAKA disclose the sensor module according to claim 7 above. AKASAKA further discloses the metal oxide contains at least one of titanium oxide, chromium oxide, tantalum pentoxide, and oxygen-deficient metal oxide (the wiring layer includes platinum, the first adhesion layer and the second adhesion layer each include a metal oxide, and the metal oxide includes an oxygen-deficient region in which oxygen is deficient in a stoichiometric ratio of metal to oxygen, para. [0038]).
Accordingly, it would have been obvious to one of ordinary skill in the art to select the metal oxide of the microheater to include at least an oxygen-deficient metal oxide as taught by AKASAKA in order to enhance adhesion, stability, and sensing performance of the microheater, yielding predictable results.
Allowable Subject Matter
Claim 2 is 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 references separately or in combination fails to disclose the subject matter claimed in claim 2. Claims 3-4 are objected as they depend on claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20160003757 A1 discloses a gas measurement device measures gas using a gas sensor including a sense resistance exposed to the gas and a reference resistance not exposed to the gas. The gas measurement device applies a first current value and a second current value to the sensor. A detector functions to detect a first resistance variation, and a second resistance variation of the sense resistance exposed to the gas with respect to the reference resistance as a function of the first current value and the second current value, respectively. The resistance variation dependent on relative humidity is then determined as a function of the first and second resistance variations and a first constant. The resistance variation dependent on gas content is then determined as a function of the first and second resistance variations and a second (different) constant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEDEON M KIDANU whose telephone number is (571)270-0591. The examiner can normally be reached 8-4.
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/GEDEON M KIDANU/ Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 3/20/26