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 .
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-14 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11994439 B2 (Application No. 16/660351) respectively. Although the conflicting claims are not identical, they are not patentably distinct from each other because both sets of claims cover the same subject matter.
Both independent claims’ features of the instant application and the co-pending application can be compared as:
Instant Application: 18641262 (Claim 1)
US Patent: US 11994439 B2 (Claim 1)
A sensors unit for an air compressor system for supplying pressurized air for the medical and dental field, the sensors unit, in a mutual module housing, comprising:
A sensors unit for an air compressor system for supplying pressurized air for the medical and dental field, the sensors unit, in a mutual module housing, comprising:
a) a pressure sensor configured to measure a pressure,
a) a pressure sensor configured to measure a pressure,
b) at least one further sensor configured to measure another physical and/or chemical quantity,
b) at least one further sensor configured to measure another physical and/or chemical quantity,
c) an evaluation and control unit comprising a microprocessor, the microprocessor configured to receive a signal from the pressure sensor of a pressure measurement and receive a signal from the further sensor of an other measurement of the other physical and/or chemical quantity, the evaluation and control unit further configured to provide measurement data of the pressure measurement and the other measurement, and
c) an evaluation and control unit comprising a microprocessor, the microprocessor configured to receive a signal from the pressure sensor of a pressure measurement and receive a signal from the further sensor of an other measurement of the other physical and/or chemical quantity, the evaluation and control unit further configured to provide measurement data of the pressure measurement and the other measurement, and
d) an external interface for output of the provided measurement data, and wherein the mutual module housing comprises an outer end and a distal end, the distal end opposite the outer end, wherein the pressure sensor and the at least one further sensor comprise a sensor block, wherein the sensor block is arranged on the distal end of the mutual module housing, and wherein the mutual module housing is configured to interact with the pressurized air.
d) an external interface for output of the provided measurement data, wherein the evaluation and control unit is configured to output the provided measurement data based on both the pressure sensor and the at least one further sensor in raw form and/or in processed form at the external interface, and wherein the mutual module housing comprises an outer end and a distal end, the distal end opposite the outer end, wherein the outer end is provided with a flange, the flange configured to connect the mutual module housing to a pressurized air tank, wherein the microprocessor is between the outer end and the distal end, and wherein the mutual module housing is configured to interact with the pressurized air.
This is a double patenting rejection since the conflicting claims have been patented.
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.
Claim 1 is 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.
Claim 1 recites the limitation "the medical and dental field" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. There is no previous mention of a medical and dental field earlier in the claim. It is recommended to amend to recite “… [[the]] a medical and dental field …”.
Claim 1 recites the limitation "the further sensor" in line 8. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether it is referring to the at least one further sensor in line 4 or another further sensor. If it is referring to the at least one further sensor in line 4 then it recommended to amend to recite “… the at least one further sensor…”.
Claim 1 recites the limitation "the other measurement" in line 10. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether it is referring to the other measurement of the other physical and/or chemical quantity in line 10 or another f other measurement. If it is referring to the other measurement of the other physical and/or chemical quantity in line 10 then it recommended to amend to recite “… the other measurement of the other physical and/or chemical quantity …”.
Claim 1 recites the limitation " the provided measurement data" in line 11. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether it is referring to the provided measurement data of the pressure measurement and the other measurement in line 11 or another provided measurement. If it is referring to the provided measurement data of the pressure measurement and the other measurement in line 11 then it recommended to amend to recite “… the provided measurement data of the pressure measurement and the other measurement …”.
Claims 2-14 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for being dependent on claim 1.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hatzfeld; Falk (US Patent US 11994439 B2; hereinafter Hatzfeld).
Regarding claim 1, Hatzfeld teaches
A sensors unit for an air compressor system (col.2 ln 17-18) for supplying pressurized air for the medical and dental field (col.2 ln 48-50), the sensors unit, in a mutual module housing (col.2 ln 19), comprising:
a) a pressure sensor configured to measure a pressure (col.2 ln 20),
b) at least one further sensor configured to measure another physical and/or chemical quantity (col.2 ln 21-22),
c) an evaluation and control unit comprising a microprocessor, the microprocessor configured to receive a signal from the pressure sensor of a pressure measurement and receive a signal from the further sensor of an other measurement of the other physical and/or chemical quantity, the evaluation and control unit further configured to provide measurement data of the pressure measurement and the other measurement (col.2 ln 23-27), and
d) an external interface for output of the provided measurement data (col.2 ln 28-29), and wherein the mutual module housing comprises an outer end (fig.2 and col.5 ln 30-34) and a distal end (fig.2 and col.5 ln 46-48), the distal end opposite the outer end (fig.2), wherein the pressure sensor and the at least one further sensor comprise a sensor block (col.5 ln 46), wherein the sensor block is arranged on the distal end of the mutual module housing, and wherein the mutual module housing is configured to interact with the pressurized air (col.5 ln 46-53).
Regarding claim 2, Hatzfeld teaches the sensors unit according to claim 1, wherein the at least one further sensor is at least one of the following groups: a temperature sensor (col.5 ln 55); a humidity sensor; an ambient pressure sensor (col.5 ln 54-55); an ambient temperature sensor; an acceleration sensor (col.5 ln 55-56); a noise sensor; or a pollutant sensor.
Regarding claim 3, Hatzfeld teaches the sensors unit according to claim 1, wherein the evaluation and control unit is configured to perform a pre-processing of the measurement data in the sensors unit (col.3 ln 22-24).
Regarding claim 4, Hatzfeld teaches the sensors unit according to claim 3, wherein the evaluation and control unit is configured to conduct a transformation as a function of measurement data of at least two different measuring units (col.3 ln 41-44).
Regarding claim 5, Hatzfeld teaches the sensors unit according to claim 1, wherein, as the at least further sensor, a humidity sensor for measuring the humidity and a temperature sensor for measuring the temperature are provided, and wherein the evaluation and control unit is configured to determine a dew point from the measurement data and to provide the dew point at the external interface (col.6 ln 17-23).
Regarding claim 6, Hatzfeld teaches the sensors unit according to claim 1, wherein, as the at least one further sensor, an acceleration sensor is provided, and wherein the evaluation and control unit (col.3 ln 60-61) is configured to identify defects at the compressor unit from the measurement data (col.3 ln 56-58).
Regarding claim 7, Hatzfeld teaches the sensors unit according to claim 1, wherein, as the at least one further sensor, a noise sensor is provided (col.3 ln 52 “noise detection unit”), and wherein the evaluation and control unit is configured to identify defects at the compressor unit and/or a leakage in the air compressor system from the measurement data (col.3 ln 51-55).
Regarding claim 8, Hatzfeld teaches an air compressor system comprising: a) a pressurized air tank; and b) a compressor, wherein the air compressor system includes a sensors unit according to claim 1 (col.4 ln 20-26).
Regarding claim 9, Hatzfeld teaches the sensors unit according to claim 8, wherein the sensors unit is arranged on the pressurized air tank (col.5 ln 46-53).
Regarding claim 10, Hatzfeld teaches the sensors unit according to claim 9, wherein a part of the sensors unit provided with the pressure sensor and/or with the at least one further sensor protrudes into an interior of the pressurized air tank (col.5 ln 35-41).
Regarding claim 11, Hatzfeld teaches the sensors unit according to claim 10, wherein the part of the sensors unit protrudes in the interior of the pressurized air tank by about 1 cm (0.39 in) or more (col.4 ln 36-40).
Regarding claim 12, Hatzfeld teaches the sensors unit according to claim 1, wherein the evaluation and control unit is configured to output the measurement data based on both the pressure sensor and the at least one further sensor in raw form and/or in processed form at the external interface (col.5 ln 62-67).
Regarding claim 13, Hatzfeld teaches the sensors unit according to claim 1, wherein the pressure sensor and the at least one further sensor comprise a sensor block, wherein the sensor block is arranged on the distal end of the mutual module housing (col.5 ln 46-53).
Regarding claim 14, Hatzfeld teaches the sensors unit according to claim 1, wherein the outer end is provided with a flange, the flange configured to connect the mutual module housing to a pressurized air tank, wherein the microprocessor is between the outer end and the distal end (col.5 ln 30-34).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 6302654 B1; Millet; Hank E. et al. is a Compressor with control and protection system.
US 7027953 B2; Klein; Renata is a Method and system for diagnostics and prognostics of a mechanical system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL F.R. TCHATCHOUANG whose telephone number is (571)272-3991. The examiner can normally be reached Monday - Friday 8:00am -5:00am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached at 571-272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARL F.R. TCHATCHOUANG/Examiner, Art Unit 2858
/HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
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