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 .
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, lines 5-6: “the exterior” lacks antecedent basis. Please clarify.
Claim 1, lines 5-6: the phrase “extending into the exterior” is also unclear because it is unclear where the electrodes extend from. It appears that the “at least two electrodes” extend to the exterior from the interior chamber. Please clarify.
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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Barsky et al. (US Pat. No. 6,249,984).
Barsky et al. discloses:
An electrolytic tilt sensor (FIGS 1-4), comprising:
a containment envelope 22 integrally fabricated from a material having at least three apertures 36, 38 formed therein and defining an interior chamber 28;
an electrolytic solution 30 partially filling the chamber;
and at least two electrodes 32, 34, each electrode having an electrically active portion extending into the exterior of the envelope through a corresponding aperture.
Barsky et al. also discloses a header 26 and cap 24 as claimed.
Barsky et al. does not specifically disclose that the containment envelope is fabricated from a polymer material as claimed. However, Barsky et al. does suggest that the containment envelope may be at least partially formed with a polymer (see col. 7, ll. 36-39) as an alternative to the metal envelope. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use any of the claimed polymers in conjunction with the envelope of Barsky et al. based on end user and/or manufacturer preferences.
Regarding method claims 9-18, the methods as claimed will be performed when an electrolytic tilt sensor as claimed is constructed in accordance with the specification of Barsky et al.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to G. BRADLEY BENNETT whose telephone number is 571.272.2237. The examiner can normally be reached M-TH, 8:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571.272.2375. The fax phone number for the organization where this application or proceeding is assigned is 571.273.8300.
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/GEORGE B BENNETT/Primary Examiner, Art Unit 2855
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11 JUN 2026
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