DETAILED ACTION
Claims 14 – 26 are pending in the present application.
Claims 25 – 26 are withdrawn herein.
Claims 14 – 24 are examined herein on the merits.
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 submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 14-24) in the reply filed on 05/22/2026 is acknowledged.
Claims 25-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups 2 and 3, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/22/2026.
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.
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 14-24 are rejected under 35 U.S.C. 103 as being unpatentable over Rud et al. (US 20200103287; hereinafter Rud) in view of Li (US 20070237202).
Regarding claim 14, Rud teaches a temperature measuring device for non-invasively measuring a temperature of a medium in a pipe (abstract), comprising:
a sleeve having a closure for contacting a wall of the pipe (see fig. 5A showing a sleeve with closure by sensor capsule tip 408; [0039-40]; see also figs. 7 and 9), an outer surface of the closure of the sleeve (bottom as drawn surface of 408; see fig. 5A) being configured so as to thermally contact the wall of the pipe (see figs. 1 and 4 showing this contact);
a first and second temperature sensor (at least 410 and 412; [0059]), which are accommodated in the sleeve (see fig. 5A/B; see also figs. 7 and 9); and
wherein the closure of the sleeve includes a section having a reduced wall thickness for thermal connection of the first temperature sensor to the wall of the pipe, the reduced wall thickness being less than a wall thickness of the sleeve (see at least figs. 5A/B showing this reduced wall thickness below –as drawn– the lower sensor being less than the wall thickness of at least the higher sensor; [0039] teaches regarding this staggered bore configuration).
Rud does not directly state that the thermal contact surface of the closure is specifically configured in a convex manner.
However, Li teaches a temperature sensor for non-invasively measuring a temperature of a medium in a pipe (abstract; see figs. 2-4) where the tip / contacting wall has a convex / ball-shaped contacting surface (100; [0018] “a ball-like temperature-sensing head 100”; see figs. 2-3, see also fig. 4 element 100’ also showing an additional convex contacting surface configuration).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the concept of a shaped outer surface of a double temperature sensor for a pipe or the like of Rud with the specific knowledge of using the ball / convex shaped contact surface for a pipe temperature sensor of Li. This is because “The ball-like temperature-sensing head 100 is able to stably contact the surface of the heat pipe when measuring the temperature.” ([0018] of Li). This is important in order to maintain surface contact during desired temperature measurements and provide reliable data to an end user.
Regarding claim 15, Rud does not teach that the convex outer surface is formed as a uniaxially curved outer surface or as a synclastic outer surface.
However, Li teaches a temperature sensor for non-invasively measuring a temperature of a medium in a pipe (abstract; see figs. 2-4) where the tip / contacting wall has a convex / ball-shaped contacting surface (100; [0018] “a ball-like temperature-sensing head 100”; please note that the shown and taught ball shape is a dome / synclastic surface).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the concept of a shaped outer surface of a double temperature sensor for a pipe or the like of Rud with the specific knowledge of using the ball / convex shaped contact surface for a pipe temperature sensor of Li. This is because “The ball-like temperature-sensing head 100 is able to stably contact the surface of the heat pipe when measuring the temperature.” ([0018] of Li). This is important in order to maintain surface contact during desired temperature measurements and provide reliable data to an end user.
Regarding claim 16, Rud teaches that the first temperature sensor contacts the closure of the sleeve in a mounted state (see at least fig. 5A showing this contact; also see fig. 4 showing the thermal contact in detail).
Regarding claim 17, Rud teaches that the first temperature sensor contacts the closure of the sleeve in a mounted state (see at least fig. 5A showing this contact; also see fig. 4 showing the thermal contact in detail).
Regarding claim 18, Rud teaches that the sleeve is in a holder protruding substantially radially from the pipe (see at least fig. 1 showing the holder and sleeve protruding radially from the pipe; [0024]).
Rud lacks teaching regarding the sleeve specifically being detachably accommodated.
However, Rud does disclose attachment/detachment apparatus (see fig. 1 showing an attachable/detachable holder “pipe clamp portion 202” [0024] which also teaching regarding hinge portions, clamp ears and opened / closed positions for the clamp; see also [0024] teaching that “any suitable mechanical arrangement for securely positioning system 200 about an exterior surface of a pipe can be used”).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the knowledge of attaching/detaching the apparatus to/from the pipe of Rud with making any portion of the device separable including the sleeve. This is because one of ordinary skill in the art would have expected detachably accommodating the sleeve to be one of several straightforward ways of constructing the device since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. (MPEP 2144.04 (V-C)).
Regarding claim 19, Rud teaches that a thermal insulator for minimizing a heat flow between the first or second temperature sensor and the sleeve is accommodated in the sleeve (see fig. 9; see [0046] especially “the walls of insert 802 may be tapered away from side wall 810 of a tube in order to provide better insulation from ambient conditions.”; please note that the thermal insulator is the space for air or the like in the gap as shown which acts to provide insulation).
Regarding claim 20, Rud teaches that the first and second temperature sensor are spaced radially apart and fastened to a sensor carrier (see at least figs. 5A and 5B in view of at least fig. 3B showing the vertical as shown spacing is in the radial direction and fastened to the end cap / tip / sensor carrier).
Regarding claim 21, Rud teaches that the first and second temperature sensor are arranged radially spaced apart (see at least figs. 5A and 5B in view of at least fig. 3B showing the vertical as shown spacing is in the radial direction) and are thermally conductively connected to one another via a coupler ([0040] teaches regarding the tip / sensor carrier that “Materials with high thermal conductivity, such as copper and silver can be used to improve heat transfer”; see figs. 5A/B).
Regarding claim 22, Rud teaches that the first and second temperature sensor are arranged radially spaced apart (see at least figs. 5A and 5B in view of at least fig. 3B showing the vertical as shown spacing is in the radial direction) and are thermally conductively connected to one another via a coupler ([0040] teaches regarding the tip / sensor carrier that “Materials with high thermal conductivity, such as copper and silver can be used to improve heat transfer”; see figs. 5A/B).
Regarding claim 23, Rud teaches that the first and second temperature sensor are, at an end facing away from the pipe (upper as drawn; see figs. 5A and 5B; see also figs. 3A/B), firmly connected to a measuring transducer connection (see at least [0042] especially that “Epoxy 414 ensures that temperature sensitive elements 410 and 412 remain secured within their respective bores and also helps to provide strain relief where the lead wires of each individual temperature sensitive element attach to the temperature sensitive element.”; see [0025] teaching that the sensors electrically connect to the measuring transducer; see fig. 2 showing a block diagram of this connection).
Regarding claim 24, Rud teaches that the first and second temperature sensors are, in a section facing away from the pipe (upper as drawn; see figs. 5A and 5B; see also figs. 3A/B), directly or indirectly connected to a housing (210; see at least [0042] and [0025]); wherein a measuring transducer is arranged in the temperature measuring device (transducer in housing 210; [0025]; see also [0028] teaching regarding specifically known transducer protocols such as HART®).
Rud lacks teaching regarding the housing is detachably connected to the holder.
However, Rud does disclose attachment/detachment apparatus (see fig. 1 showing an attachable/detachable holder “pipe clamp portion 202” [0024] which also teaching regarding hinge portions, clamp ears and opened / closed positions for the clamp; see also [0024] teaching that “any suitable mechanical arrangement for securely positioning system 200 about an exterior surface of a pipe can be used”).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the knowledge of attaching/detaching the apparatus to/from the pipe of Rud with making any portion of the device separable including the housing. This is because one of ordinary skill in the art would have expected that detachably connecting the housing and the holder to be one of several straightforward ways of constructing the device since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. (MPEP 2144.04 (V-C)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
See especially:
Werneth (US 20020067754); abstract and figs. 1-4 showing convex sensing caps for temperature sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/ Supervisory Patent Examiner, Art Unit 2855
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