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 .
Responses to amendment
Applicant’s amendment are persuasive to overcome drawing objections and claim objections of claims 15-16.
Responses to arguments
Applicant’s arguments have been considered but are moot in view of the new ground(s) of rejection. See new ground(s) of rejection below.
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.
Claims 1-3 and 7-8 are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable by Noordover – US 20130152674 and further in view of Rishatoich – Translate_RU2731818C1.
As to claim 1, Noordover teaches a method for measuring a viscosity of an oil ([0129-0132]: dimension of bleed/stain zone ZB is compared with a reference value; bleed zone is less than a reference size means increased oil viscosity or high viscosity, so bleed zone is larger mean lower oil viscosity, hence determining viscosity which is high or low; thus “a method for measuring a viscosity of an oil”), comprising:
placing a quantity of QG of used grease on a piece of blotter paper to form a stain ([0002]: a grease typically comprises a lubricating oil; [0123, 0129]: placing a quantity QG of used grease on a test medium 102 i.e. paper 105 to form a bleed/stain; [0123]: paper fibers correspond to “blotter paper”);
measuring a size of the stain at a given time after placing the quantity of QG of used grease on the piece of blotter paper 105 ([0129-0132]: after quantity of QG of used grease (which contains a lubricating oil) is prepared i.e. placing quantity of QG of used grease on a piece of blotter paper to form a stain and then the oil sample included within the amount of used grease on the paper is heated by placing the sample paper on heater 104 and heated to about a predetermined temperature for a predetermined period of time, preferably to within a range of about sixty degree Celsius (60° C.) to about sixty-five degree Celsius (65° C.) for at least two hours; after each sample 101, 103 has been prepared, each sample 101, 103 is measured as indicated in FIG. 17, preferably by using scale 106 to measure the diameter of the bleed zone ZB; thus “measuring a size of the stain at a given time after placing the quantity of QG of used grease on the piece of blotter paper”); and
determining the viscosity of the oil by comparing the size of the stain at the given time with empirical data relating stain size, time and oil viscosity ([0129-0132]: dimension of bleed/stain zone ZB is compared with a reference value; bleed zone is less than a reference size means increased oil viscosity or high viscosity, so bleed zone is larger mean lower oil viscosity, hence determine viscosity which is high or low; reference bleed zone dimension DR. as shown in figs. 20-21 is inherently measured at a given time; hence, reference bleed zone dimension DR. corresponds to “empirical data”; thus “determining the viscosity of the oil by comparing the size of the stain at the given time with empirical data relating stain size, time and oil viscosity”).
Noordover further teaches before measuring the size of the stain/bleed: placing the piece of blotter paper 105 on a temperature-controlled plate 104 ([0002, 0126 and 0129-0132]: after oil sample within an amount of used grease is prepared i.e. placing an amount of used grease on a piece of blotter paper to form a stain and then the oil sample included within the used grease on the paper is heated by placing the used grease on sample paper on heater 104 and heated to about a predetermined temperature for a predetermined period of time, preferably to within a range of about sixty degree Celsius (60° C.) to about sixty-five degree Celsius (65° C.) for at least two hours; after each sample 101, 103 has been prepared, each sample 101, 103 is measured as indicated in FIG. 17, preferably by using scale 106 to measure the diameter of the bleed zone ZB; thus “before measuring the size of the stain/bleed: placing the piece of blotter paper on a temperature-controlled plate”); and setting a temperature of the plate to a predetermined temperature ([0130]).
Noordover teaches a volume of the drop of the used grease (which typically includes lubricating oil) is between 50 μL and 100 µL; a volume of the drop of the used grease is 80 μ ([0067]: volume of grease used is typically from 0.01 ml to 10 ml).
Noordover does not explicitly teach placing a drop of the oil on a piece of blotter paper.
Rishatoich teaches a concept of: placing a drop of the oil on a piece of a paper to form a stain; viscosity of the oil is measured in an advantageous way, by the time of penetration and spreading of the test oil sample into substrate of a universal indicator (which is test paper) (page 24; page 38: universal indicator paper).
Since Noordover teaches grease may be applied using a spatula or a syringe ([0065]), it would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify quantity of QG of used grease on a piece of blotter paper to form a stain of Noordover with concept teachings of Rishatoich to include a method for measuring a viscosity of an oil, comprising: placing a drop of the oil on a piece of blotter paper to form a stain; measuring a size of the stain at a given time after placing the drop of the oil on the piece of blotter paper; and determining the viscosity of the oil by comparing the size of the stain at the given time with empirical data relating stain size, time and oil viscosity (as recited in claim 1); placing the piece of blotter paper on the temperature-controlled plate occurs after placing the drop of the oil on the piece of blotter paper (as recited in claim 3); a volume of the drop of the oil is between 50 μL and 100 µL (as recited in claim 7); a volume of the drop of the oil is 80 μ (as recited in claim 8), for measuring viscosity of the oil (page 24).
As to claims 2-3 and 7-8, claims 2-3 and 7-8 are rejected as reasons stated in the rejection of claim 1.
As to claims 4-6, modified Noordover does not explicitly teach the predetermined temperature is between 50°C and 60°C.
Since modified Noordover teaches oil sample on blotter paper is heated to about a predetermined temperature for a predetermined period of time, preferably to within a range of about sixty degree Celsius (60° C.) to about sixty-five degree Celsius (65° C.) for at least two hours ([0130]), it would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify modified Noordover to include any desired predetermined heating temperature including i.e. the predetermined temperature is between 50°C and 60°C (as recited in claim 4), the predetermined temperature is between 53°C and 57°C (as recited in claim 5), the predetermined temperature is 55°C (as recited in claim 6), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable predetermined temperature ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955); and since it has been held that discovering an optimum value of a result effective variable i.e. predetermined temperature involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), while still solve the problem of: determining viscosity which is high or low.
As to claim 10, modified Noordover does not explicitly teach a volume of the drop of oil and the blotter paper are selected such that the drop of oil produces a stain on the blotter paper having a diameter of at least 10 mm two seconds after the drop of oil is placed on the blotter paper.
Since modified Noordover teaches a volume of the drop of oil is selected/predetermined such that the drop of oil produces a stain/bleed on the blotter paper 105 (after a certain period of time) having a predetermined amount/volume of oil when applying an oil quantity onto the medium 105, wherein the predetermined amount/volume of oil is selected using boundary line 107 (with a certain diameter because the boundary line 107 is generally circular) on the blotter paper 105 ([0124]), it would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify modified Noordover to include a volume of the drop of oil and the blotter paper are selected such that the drop of oil produces a stain on the blotter paper having a diameter of at least 10 mm after any desired period i.e. two seconds after the drop of oil is placed on the blotter paper, since it has been held that discovering an optimum value of a result effective variable i.e. (a stain is produced two seconds after the drop of oil is placed on the blotter paper) involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), while still solve the problem of: to ensure a predetermined amount/volume of oil to be used/applied prior to heating.
As to claim 11, modified Noordover does not explicitly teach the viscosity of the oil is determined with a maximum deviation of 14% compared to reality.
Since Noordover teaches determine viscosity which is high or low (as reasons stated in the rejection of claim 1), it would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify modified Noordover to include the viscosity of the oil (i.e. an increase of viscosity of the oil) is determined with a maximum deviation of 14% compared to reality, since it has been held that discovering an optimum value of a result effective variable i.e. (a maximum deviation) involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), while still solve the problem of: establishing an absolute boundary of inaccuracy.
As to claim 12, claim 12 is rejected as reasons stated in the rejection of claims 6, 8, and 10.
Allowable Subject Matter
Claims 9 and 13 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:
As to claim 9, claim 9 includes the piece of blotter paper includes a printed scale, when in combination with all other elements in the claim 9 distinguish the present invention from the prior arts.
As to claim 13, claim 13 includes placing the drop of oil on the piece of blotter paper at an intersection of two mutually perpendicular scales printed on the piece of blotter paper, when in combination with all other elements in the claims 1-2 distinguish the present invention from the prior arts.
Claims 15-16 are allowable.
As to claim 15, claim 15 includes a scale is printed on the at least one piece of blotter paper, when in combination with all other elements in the claim 14 distinguish the present invention from the prior arts.
As to claim 16, claim 16 is also objected due to their dependency on the objected claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUONG D PHAN whose telephone number is (571)272-8883. The examiner can normally be reached Monday-Friday.
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/TRUONG D PHAN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
Prosecution Insights