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 .
Election/Restrictions
Applicant’s election of Invention I, claims 1-15, in the reply filed on 7/22/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 16-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/22/26.
Claim Interpretation
Regarding claim 4. The claim requires the first and second circles to have radii with a particular relationship; however, the claim also depends from claim 2, in which having both the first and second circle is optional, i.e. by reciting “and/or”. Therefore, claim 4 is being interpreted such that claim 2 requires both the first and second circle, i.e. substantially as if reciting “and” in claim 2.
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 1-15 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.
Regarding claim 1. In the last paragraph, it is unclear as to which of the at least one measurement portions the limitations apply. The last paragraph reads as if there is only a singular measurement portion with first and second heat capturing portions arranged on opposite sides, while the claim previously introduces at least one measurement portion.
For the purpose of substantive examination, Examiner will consider the limitations of the last paragraph as if relating to only one of the at least one measurement portions. For example, the prior art must have one measurement portion, optionally of a plurality, which has the claimed features in order to read on the claim.
Regarding claims 7 and 8. The claims recite the limitation "the temperature sensing portion". There is insufficient antecedent basis for this limitation in the claims.
For the purpose of substantive examination, Examiner will consider the claims as if reading “the second temperature sensing portion”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2-4 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 2. The claim recites a first and second direction defined by being tangential to a circumferential direction of a first and second circle, respectively. This fails to limit the claimed subject matter of claim 1 because any possible direction could be considered as tangential to some circle, there are no limitations as to where the first and second circle actually are; by contrast, see claim 3 which further limits the subject matter by requiring the circles to be concentric.
Regarding claim 4. The claim is rejected similarly to claim 2; namely, defining first and second radii does not further limit the claim because the first and second directions are still not limited by the radius of their respective circles. In other words, any first and second direction in the prior art would read on both claims 2 and 4.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. See also the rejections under 112(d).
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1. DE 202016008761 U1 (DE ‘761) represents the closest prior art of record to the claimed invention.
Note: Reference is made to the attached translation of DE ‘761.
DE ‘761 teaches a heat conducting element for use in a heating system component of a heated conveyor pump (abstract), the heat conducting element comprising:
a first heat capturing portion configured to be thermally coupled to a heating unit of the heated conveyor pump (unreleasured section 144);
a second heat capturing portion configured to be thermally coupled to a medium leading section of a carrier unit of the heated conveyor pump (protruding part 141); and
at least one measurement portion positioned between the first heat capturing portion and the second heat capturing portion and configured to be thermally coupled to a temperature sensing unit (portion of 144 immediately below 170b and/or portion of 141 immediately below 170a, where these portions are positioned at least partially between the totality of 144 and 141);
wherein the first heat capturing portion extends from the measurement portion in a first direction (144 extends from the measurement portion of 170b in all planar directions and 141 extends from the measurement portion of 170a in all planar directions).
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The prior art fails to teach, “the second heat capturing portion extends from the measurement portion in a second direction such that the first and second heat capturing portions are arranged on opposite sides of the measurement portion”, in addition to the rest of the claim.
Instead, consistent with the claim interpretation section above, the limitations to the first and second heat capturing portion extending from the measurement portion are being interpreted to relate to one measurement portion of the at least one measurement portions. Therefore, since DE ‘761 teaches measurement portions completely bound by either the first or second heat capturing portions, it fails to teach the claimed limitations. Furthermore, it would not have been obvious to one of ordinary skill in the art to provide the device of DE ‘761 such that the first and second heat capturing portions are arranged on opposite sides and extend from the measurement portion, as claimed, since this would require configuring the sensor 170a or 170b in a location other than one surrounded by their respective portions 141, 144.
Further, DE ‘761 provides a detached section 142 between 141 and 144. This location is not used for measurement, and instead features grooves for thermal insulation, see p. 5 para. 2. US 20060236999 A1 to Pleschinger teaches a somewhat similar configuration in which the section that would be considered analogous to DE ‘761’s section 142, i.e. the location of S2 in fig. 1 of Pleschinger copied below, would be considered as the measurement portion. However, even with such a configuration, the first and second heat capturing portions would not be arranged on opposite sides of the measurement portion, as claimed, but would instead be at best arranged with 90° of separation.
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US 20190346175 A1 to Hofer teaches a similar device with substantially the same deficiencies as DE ‘761, see fig. 4 below.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kurt J Wolford whose telephone number is (571)272-9945. The examiner can normally be reached 7:30 AM - 4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G Hoang can be reached at (571)272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KURT J WOLFORD/Examiner, Art Unit 3762
/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762
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