DETAILED ACTION
This communication is in response to applicant’s Amendment which is filed on May 20, 2026.
An amendment to amend the claims 1-8 and 10 has been entered and made of record in the application of Brunner et al. for a “method for controlling a measuring device, measuring device and system” filed March 19, 2024.
A new set of claims 11-17 is introduced.
Claims 1-17 are now pending in the application.
Response to Arguments
Applicant's arguments with respect to claims 1-17, filed on May 20, 2026, have been fully considered but are moot in view of the new ground(s) of rejection.
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.
Claims 1-7 and 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (JP2003-194626) in view of Ando et al. (US# 11,092,559).
Referring to Claim 1, Kondo discloses a method for controlling a measuring device (i.e. an optical spectrum analyzer) (page 2 paragraph 0014; see Figure 1), the method comprising:
monitoring external influences on the measuring device by a sensor (1) (i.e. a temperature sensor 1 detects the ambient temperature in the environment in which the optical spectrum analyzer is used and outputs it as a detection signal to the A / D converter 2, and is, for example, a temperature detection IC or a thermistor. The spectroscope 10 causes thermal expansion or contraction depending on the ambient temperature, and an error (measurement wavelength error) occurs in the spectral characteristics of the spectroscope 10 due to such thermal expansion or contraction) (page 2 paragraph 0016; see Figure 1); and
using a controller (6) of the measuring device for evaluating the monitored external influences (i.e. the ambient temperature) (i.e. the A / D converter 2 converts the detection signal into a digital signal (temperature data) and outputs it to the comparison processing section 3. The comparison processing unit 3 includes a subtractor 3a and a comparator 3b, and the temperature data is input to the subtractor 3a. In addition to the temperature data, the subtractor 3a receives the reference temperature (digital signal) from the reference temperature storage unit 4. The subtractor 3a subtracts the temperature data from the reference temperature, the subtraction result is output to the comparator 3b. In the comparator 3, In addition to the subtraction result, the calibration temperature (digital signal) is input from the calibration temperature storage unit 5. The comparator 3 compares the subtraction result with the calibration temperature, and outputs the comparison result to the control calculation unit 6) (page 2 paragraph 0017; see Figure 1).
However, Kondo did not explicitly disclose during a measurement process performed by the measuring device.
In the same field of endeavor of a measuring device, Ando et al. teach that during a measurement process performed by the measuring device (1) (i.e. a thermal humidity measuring device (1) that measures the environment of an intake passage of an internal combustion engine needs to measure the humidity of gas in real time. Therefore, it is desirable that the thermal humidity measuring device have high-speed response performance (hereinafter referred to as a high-speed response) (column 9 lines 1 to 6; see Figures 3 and 6) in order to change in thermal conduction based on the moisture content of air to provide high-speed response performance.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for a method of having the temperature sensor for detecting the humidity of gas in real time taught by Ando et al. in sensor that integrated in the measurement device to measure the ambient temperature of Kondo because having the temperature sensor for detecting the humidity of gas in real time would provide the measurement process performed by the measuring device depend on the moisture content of air to provide high-speed response performance.
Referring to Claim 2, Kondo in view of Ando et al. disclose the method according to claim 1, Kondo discloses wherein the sensor (1) is integrated in the measuring device (page 2 paragraph 0014; see Figure 1).
Referring to Claim 3, Kondo in view of Ando et al. disclose the method according to claim 1, Ando et al. disclose the sensor (25) is external to the measuring device (1) (i.e. a pressure sensor 17 for detecting the ambient pressure, a signal processing circuit (signal processing unit) 18 for correcting an error included in the humidity signal, and a temperature sensor 25 for detecting the temperature. The temperature sensor 25 is external to the thermal humidity measuring apparatus 1) (page 4 paragraph 6; see Figures 3 and 6).
Referring to Claim 4, Kondo in view of Ando et al. disclose the method according to claim 1, Kondo discloses wherein the monitored external influences (i.e. the ambient temperature) comprise an ambient temperature of the measuring device (1) (i.e. a temperature sensor 1 detects the ambient temperature in the environment in which the optical spectrum analyzer is used and outputs it as a detection signal to the A / D converter 2, and is, for example, a temperature detection IC or a thermistor) (page 2 paragraph 0016; see Figure 1).
Referring to Claim 5, Kondo in view of Ando et al. disclose the method according to claim 1, Kondo discloses further comprising outputting a warning when the evaluated, monitored external influences are outside a predetermined tolerance range (i.e. an alarm signal is output to the display unit 13 or the alarm buzzer 14 based on the comparison result to notify the outside that calibration is necessary) (page 3 paragraph 0019; page 4 paragraph 0028).
Referring to Claim 6, Kondo in view of Ando et al. disclose the method according to claim 1, Kondo discloses comprising determining, taking into account the evaluated, monitored external influences, in a measured value using the measuring device during the measuring process (i.e. the calibration temperature storage unit 5 stores the calibration temperature and outputs it to the comparator 3. The calibration temperature is a threshold value for the subtraction result and serves as a reference for whether or not the automatic calibration is required) (page 3 paragraph 0019).
Referring to Claim 7, Kondo in view of Ando et al. disclose the method according to claim 6, Kondo discloses wherein determining of the measured value is carried out autonomously by the controller (6) (i.e. The control calculation unit 6 controls the reference light source 8, the optical switch 9 and the spectroscope 10 based on the comparison result input from the comparator 3 to automatically calibrate the spectroscope 10) (page 3 paragraph 0019; page 4 paragraph 0027).
Referring to Claims 9 and 10, Kondo in view of Ando et al. disclose a measuring device and a system (i.e. an optical spectrum analyzer) (page 2 paragraph 0014; see Figure 1) configured to perform the method according to claim 1 (page 2 paragraphs 0016-20; see Figures 1 to 3).
Referring to Claims 11-16, Kondo in view of Ando et al. disclose the system according to claim 10, although different in scope from the claims 2-7, the claims 11-16 contains similar limitations in that the claims 2-7 already addressed above therefore claims 11-16 are also rejected for the same obvious reasons given with respect to claims 2-7, respectively.
Claims 8 and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kondo (JP2003-194626) in view of Ando et al. (US# 11,092,559) as applied to claims 1 and 10 above, and further in view of Andersen (WO 00/39823).
Referring to Claims 8 and 17, Kondo in view of Ando et al. disclose the method and the system according to claims 1 and 10, however, Kondo in view of Ando et al. did not explicitly disclose further comprising outputting a notification when the evaluated, monitored external influences indicate that maintenance or replacement of one or more individual components of the measuring device is necessary.
In the same field of endeavor of a measuring device, Andersen teaches that further comprising outputting a notification when the evaluated, monitored external influences indicate that maintenance or replacement of one or more individual components of the measuring device is necessary (i.e. temperature and electrical analysis is used to develop thermodynamic and electrical models of frame geometries of circuit breakers. These models provide the contact wear algorithm with the nominal operating parameters required to predict contact resistance and heat rise over ambient temperatures as a function of current flow through the breakers as the contacts wear. Alarms can be generated when (1) contact heat rise over ambient temperature deviates from stored nominal values, or (2) when calculated contact resistance (R = V/I phase corrected) deviates from stored specified maximum values. Thereby indicating that maintenance or replacement of the breaker is required due to contact wear) (page 4 paragraph 6; see Figure 3).
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for a method of having the temperature sensor in the circuit unit to measure the temperature to indicate maintenance or replacement of the breaker taught by Andersen in sensor that integrated in the measurement device to measure the ambient temperature of Kondo in view of Ando et al. because having the temperature sensor in the circuit unit to measure the temperature to indicate maintenance or replacement of the breaker would improve the measuring device reliability.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAM V NGUYEN whose telephone number is 571-272-3061. The examiner can normally be reached on 8:00AM-5:00PM M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached on 571-272-3114. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications.
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/NAM V NGUYEN/
Primary Examiner, Art Unit 2685
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