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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 03/14/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-9 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.
The term “thin portion” in claims 1-2, 4-6 and 8-9 is a relative term which renders the claim indefinite. The term “thin portion” 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. It is unclear what sort of shape or dimension said portion needs to have in order for it to be considered a “thin portion”. For examination purposes and as best understood, the Examiner will interpret the limitation of a “thin portion” as a portion that is thinner than the convex portion under broadest reasonable interpretation.
Claims 2-7 are also rejected due to dependency on claim 1.
The term “thick convex portion” in claims 8-9 is a relative term which renders the claim indefinite. The term “thick convex portion” 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. It is unclear what sort of shape or dimension said portion needs to have in order for it to be considered a “thick convex portion”. For examination purposes and as best understood, the Examiner will interpret the limitation of a “thick convex portion” as a portion that has a convex shape and has an associated thickness/width.
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.
Claims 1-4 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Onishi (US 2021/0199617).
Regarding claim 1, Onishi teaches a sensor element (10; Figure 2; [0023-0024]) comprising: a main body (1) including a cavity (C; See annotated Figure 2) on a distal end side of the main body (cavity C is located on the distal end of main body 1; Figure 2), the cavity (105) being configured to take in a gas ([0028]); and a porous protective layer (2; Figure 2; [0025-0026, 0052]) covering an outer peripheral surface of the main body (1) on the distal end side (porous protective layer 2 covers the outer peripheral surface of main body 1 on the distal end side of the main body 1; See Figure 2; [0047]), wherein the porous protective layer (2) comprises: a water droplet blocking structure (A; See annotated Figure 2; [0005, 0047-0049]) covering at least a part of a distal end surface of the main body (See Figure 2; [0047-0049]), the part overlapping with the cavity in a longitudinal direction perpendicular to the distal end surface (Figure 2 demonstrates that part A overlaps the cavity C in a longitudinal direction perpendicular to the distal end surface of the main body 1; See annotated Figure 2); and a thin portion (B; See annotated Figure 2) covering the distal end surface around the water droplet blocking structure (Figures 1 and 2 demonstrates the thin portion B covering the distal end surface of the main body 1 around the water droplet blocking structure A; See annotated Figure 2).
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Regarding claim 2, Onishi teaches wherein the cavity (C; See annotated Figure 2) extends along the longitudinal direction (See annotated Figure 2), and the water droplet blocking structure (A; See annotated Figure 2) is a convex portion of the porous protective layer having a thickness larger than that of the thin portion (portion A is a convex portion of the protective layer 2 that has a thickness larger than that of the thin portion B; See annotated Figure 2).
Regarding claim 3, Onishi teaches wherein the main body (1) is formed in a rectangular parallelepiped shape (See Figures 1-2) elongated in the longitudinal direction (See Figures 1-2), and the main body (1) has a flat plate shape in which a dimension in a widthwise direction perpendicular to the longitudinal direction is larger than a dimension in a thickness direction perpendicular to the longitudinal direction and the widthwise direction (See Figures 1-2), and the water droplet blocking structure (A) is positioned at a center of the distal end surface in the widthwise direction and the thickness direction (Figure 2 demonstrates the water droplet blocking structure A is positioned at a center of the distal end surface in the widthwise direction and the thickness direction of the main body 1; See annotated Figure 1).
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Regarding claim 4, Onishi teaches wherein the thin portion (B; See annotated Figure 2) is formed at a position avoiding an extension line of the cavity in the longitudinal direction (the thin portion B is positioned to avoid the extension line of the cavity C in the longitudinal direction; See annotated Figures 1-2).
Regarding claim 7, Onishi teaches wherein the cavity (C; See annotated Figure 2) opens on the distal end surface (Figure 2 demonstrates the cavity C opening at the distal end surface of main body 1).
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.
Claims 5-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Onishi.
Regarding claim 5, Onishi teaches a thickness of the thin portion and a thickness of the water droplet blocking structure but does not expressly teach wherein a ratio B/A of a difference value B between a thickness C of the thin portion and a thickness A of the water droplet blocking structure, to the thickness A of the water droplet blocking structure, is in a range of 0.05 to 0.6.
However, the Examiner takes the position that one of ordinary skill in the art would have the requisite skill to modify the thickness of the thin portion and a thickness of the water droplet blocking structure, including resulting in a ratio B/A of a difference value B between a thickness C of the thin portion and a thickness A of the water droplet blocking structure, to the thickness A of the water droplet blocking structure, is in a range of 0.05 to 0.6, in order to achieve said water droplet blocking function with the least amount of material used for said water droplet blocking structure, thus reducing the overall structural footprint of the apparatus while also reducing cost of the material used for the water droplet blocking structure.
Regarding claim 6, Onishi teaches a thickness of the thin portion and a thickness of the water droplet blocking structure but does not expressly teach wherein a ratio B/A of a difference value B between a thickness C of the thin portion and a thickness A of the water droplet blocking structure, to the thickness A of the water droplet blocking structure, is in a range of 0.1 to 0.58.
However, the Examiner takes the position that one of ordinary skill in the art would have the requisite skill to modify the thickness of the thin portion and a thickness of the water droplet blocking structure, including resulting in a ratio B/A of a difference value B between a thickness C of the thin portion and a thickness A of the water droplet blocking structure, to the thickness A of the water droplet blocking structure, is in a range of 0.1 to 0.58, in order to achieve said water droplet blocking function with the least amount of material used for said water droplet blocking structure, thus reducing the overall structural footprint of the apparatus while also reducing cost of the material used for the water droplet blocking structure.
Regarding claim 8, Onishi teaches a method of manufacturing ([0053, 0082-0083, 0088-0103]) a sensor element (10; Figure 2; [0023-0024]) provided with a main body (1) including a cavity (C; See annotated Figure 2) on a distal end side of the main body (cavity C is located on the distal end of main body 1; Figure 2), the cavity (105) configured to take in a gas ([0028]), and a porous protective layer (2; Figure 2; [0025-0026, 0052]) covering an outer peripheral surface of the main body (1) on the distal end side (porous protective layer 2 covers the outer peripheral surface of main body 1 on the distal end side of the main body 1; See Figure 2; [0047]), the method comprising: depositing the porous protective layer on a side surface of the main body by plasma spraying ([0053, 0098-0101]), as a first thermal spraying process ([0053, 0098-0101]); and depositing the porous protective layer on a distal end surface of the main body by the plasma spraying ([0053, 0098-0101]), as a second thermal spraying process ([0053, 0098-0101]), wherein the second thermal spraying process comprises arranging a thermal spraying gun (thermal spraying gun used to thermally spray the material to create the porous protective layer 2) performing plasma thermal spraying ([0053, 0098-0101]), and thereby forming the porous protective layer (2) including a thick convex portion (A; Figure 2) covering at least a part of the distal end surface (See Figures 1-2), the part overlapping the cavity in the longitudinal direction (Figure 2 demonstrates that part A overlaps the cavity C in a longitudinal direction perpendicular to the distal end surface of the main body 1; See annotated Figure 2), and a thin portion (B; See annotated Figure 2) covering the distal end surface around the convex portion (Figures 1 and 2 demonstrates the thin portion B covering the distal end surface of the main body 1 around the water droplet blocking structure A; See annotated Figure 2).
Onishi teaches the second thermal spraying process but does not expressly teach arranging the thermal spraying gun so as to face the distal end surface and aligning a nozzle center, at which a deposition efficiency of the thermal spraying gun is highest, on an extension line of the cavity in a longitudinal direction perpendicular to the distal end surface.
However, Onishi does teach that the convex portion A is created by adjusting the speed of the thermal spraying and the angle of the element base 1 at thermal spraying when the protective layer 2 is created ([0101]). Therefore, at some point or instance in time in which the protective layer 2 is formed through spraying, the thermal spraying gun will face the distain end surface of the sensor 1 and aligning a nozzle center, at which a deposition efficiency of the thermal spraying gun is highest, on an extension line of the cavity in a longitudinal direction perpendicular to the distal end surface in order to create the convex portion A of the protective layer 2.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention Onishi’s teaching of thermal spray gun placement in order to create Onishi’s porous protective layer in order to result in the convex portion A which achieves said water droplet blocking function with the least amount of material used for said water droplet blocking structure, thus reducing the overall structural footprint of the apparatus while also reducing cost of the material used for the water droplet blocking structure.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Onishi in view of Mori (US 20210356423).
Regarding claim 9, Onishi teaches a method of manufacturing ([0053, 0082-0083, 0088-0103]) a sensor element (10; Figure 2; [0023-0024]) provided with a main body (1) including a cavity (C; See annotated Figure 2) on a distal end side of the main body (cavity C is located on the distal end of main body 1; Figure 2), the cavity (105) configured to take in a gas ([0028]), and a porous protective layer (2; Figure 2; [0025-0026, 0052]) covering an outer peripheral surface of the main body (1) on the distal end side (porous protective layer 2 covers the outer peripheral surface of main body 1 on the distal end side of the main body 1; See Figure 2; [0047]), the method comprising: depositing the porous protective layer on a side surface of the main body by spraying ([0053, 0098-0101]), as a first spraying process ([0053, 0098-0101]); and depositing the porous protective layer on a distal end surface of the main body by the spraying ([0053, 0098-0101]), as a second spraying process ([0053, 0098-0101]), wherein the second spraying process comprises arranging a spraying gun (spraying gun used to spray the material to create the porous protective layer 2) performing spraying ([0053, 0098-0101]), and thereby forming the porous protective layer (2) including a thick convex portion (A; Figure 2) covering at least a part of the distal end surface (See Figures 1-2), the part overlapping the cavity in the longitudinal direction (Figure 2 demonstrates that part A overlaps the cavity C in a longitudinal direction perpendicular to the distal end surface of the main body 1; See annotated Figure 2), and a thin portion (B; See annotated Figure 2) covering the distal end surface around the convex portion (Figures 1 and 2 demonstrates the thin portion B covering the distal end surface of the main body 1 around the water droplet blocking structure A; See annotated Figure 2).
Onishi teaches the second spraying process but does not expressly teach arranging the spraying gun so as to face the distal end surface and aligning a nozzle center, at which a deposition efficiency of the spraying gun is highest, on an extension line of the cavity in a longitudinal direction perpendicular to the distal end surface and the praying being a cold spray.
However, Onishi does teach that the convex portion A is created by adjusting the speed of the spraying and the angle of the element base 1 at spraying when the protective layer 2 is created ([0101]). Therefore, at some point or instance in time in which the protective layer 2 is formed through spraying, the spraying gun will face the distain end surface of the sensor 1 and aligning a nozzle center, at which a deposition efficiency of the spraying gun is highest, on an extension line of the cavity in a longitudinal direction perpendicular to the distal end surface in order to create the convex portion A of the protective layer 2.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention Onishi’s teaching of spray gun placement in order to create Onishi’s porous protective layer in order to result in the convex portion A which achieves said water droplet blocking function with the least amount of material used for said water droplet blocking structure, thus reducing the overall structural footprint of the apparatus while also reducing cost of the material used for the water droplet blocking structure.
Onishi teaches the spray of material in order to created the protective layer but does not expressly teach the spraying being a cold spray.
However, Mori teaches that is known in the art for protective porous layers to be created through cold spraying ([0102-0104]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Mori’s cold spraying technique applied to create Onishi’s porous protective layer since cold spraying technique does not involve heating or melting the material in order to create the coating; therefore, through the use of cold spraying, the material does not undergo material phase transformation and there is no oxidation of burning of particles/material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY W MEGNA FUENTES whose telephone number is (571)272-6456. The examiner can normally be reached M-F: 8AM-4PM.
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/ANTHONY W MEGNA FUENTES/Examiner, Art Unit 2855
/LAURA MARTIN/SPE, Art Unit 2855