DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The amendment to the specification filed 7/17/26 is approved and has been entered.
Claim Objections
Claims 1, 4, 5, 12-14, 18, and 19 are objected to because of the following informalities:
In claim 1, “(8)” should be deleted from line 6.
In claim 4, --,-- should be added after “comprising” and after “element” in line 2.
In claim 5, --and-- should be added at the end of line 7; and –along a perimeter of the fluid directing element at the upper end thereof-- should be added after “distributed” in line 9.
In claim 12, “,” should be deleted from line 2.
In claims 13 and 14, “electrical” should be deleted from line 1.
In claim 18, --and-- should be added at the end of line 10; and --,-- should be added after “determining” in line 13 and after “element” in line 14.
In claim 19, “measured temperatures” should be changed to --temperatures measured by the temperature sensor-- in line 4.
Appropriate correction is required.
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 1-19 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.
In claim 1, the phrase “such as” in line 18 renders the claim indefinite because it is unclear whether the limitations following “such as” are part of the claimed invention. See MPEP § 2173.05(d).
In claim 9, the phrase “such as” in lines 2-3 renders the claim indefinite because it is unclear whether the limitations following “such as” are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-8 and 10-19 are rejected for being dependent on an objected base claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3 and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over CN111307337A to Gong et al [hereinafter Gong] (see the translation in the Office action dated 3/5/26) in view of CN107101747A to Liu et al [hereinafter Liu] (see the translation in the Office action dated 3/5/26).
Referring to claim 1, Gong discloses (figure 1; paragraphs 12, 16, 18, 19, 35, 36, 38, 39, 41, 43, 44, 48) a system for calibrating a temperature sensor (14), said system comprising:
said temperature sensor (14) comprising an elongate element (figure 1) having an electrical thermos element (for temperature sensing) (paragraph 38);
a receptacle (4) comprising a tubular wall (to form the annular air duct M) (paragraphs 12, 38) that is closed at a lower end by a bottom thereby defining an open-ended cavity (figure 1) configured to hold a fluid (air) and to receive at least a part of said elongate element so that the first end is contained within the cavity (figure 1; paragraph 38);
a controllable energy source (8/16) configured to add to or remove heat from the cavity (paragraph 44);
an elongate fluid directing element (5) having an upper end and a lower end (figure 1), said fluid directing element (5) being arranged within the cavity and being dimensioned to provide an outer flow passage between an outer surface of the fluid directing element (5) and an inner surface of tubular wall and an inner flow passage at an inner side of the elongate fluid directing element (5) (figure 1; paragraph 12), wherein the outer flow passage and the inner flow passage are in fluid communication at the upper end and at the lower end (figure 1; paragraph 43), and wherein the elongate fluid directing element (5) is a tubular element (cylinder) having an outer diameter or an equivalent diameter that is less than an inner diameter or an equivalent inner diameter of the tubular wall (figure 1);
a reference thermos element (15) arranged to sense the temperature within the cavity; and
a controller (12/13) configured to control the amount of heat added to or removed from the cavity (paragraph 44).
Jiang does not explicitly disclose the thermos element being at the first end of the elongate element; and the fluid directing element further being configured to conduct heat in a longitudinal direction of the fluid directing element.
However, Liu discloses a system (figures 1, 4; paragraphs 4, 26, 32, 34) for calibrating a temperature sensor, wherein temperature sensor comprises a thermos element that is at a first end of an elongate (long and slender/having a form notably long in comparison to its width) metal element (which facilitates heat transfer to the thermos element) for detecting temperature changes (figures 1, 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermos element of Gong at the first end of the elongate element, as suggested by Liu, in order to facilitate heat transfer to the thermos element for detecting more accurate temperature measurements.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the elongate fluid directing element of Gong so that it conducts heat in a longitudinal direction of the fluid directing element in order to assist in providing a uniform temperature of the fluid, which Gong suggests is desirable (paragraph 41).
Referring to claim 2, Gong in view of Liu disclose a system having all of the limitations of claim 2, as stated above with respect to claim 1, wherein Gong discloses that the controller (12/13) is further configured to obtain measurements from the reference thermos element (150 and the thermos element (14) and provide a calibration for the thermos element (14) on the basis of said measurements (paragraph 48).
Referring to claim 3, Gong in view of Liu disclose a system having all of the limitations of claim 3, as stated above with respect to claim 1, wherein Gong discloses (figure 1) a stirrer (9) to promote a flow of fluid going upward in the outer flow passage and downward in the inner flow passage or vice versa (paragraph 43).
Referring to claim 8, Gong in view of Liu disclose a system having all of the limitations of claim 8, as stated above with respect to claim 1, wherein Gong discloses a basin (at top of 4) arranged at the open end of the cavity, said basin comprising a bottom with a through going opening so that the basin is in fluid communication with the cavity, and a wall (top of 4) protruding upwardly from the bottom and having an internal diameter or equivalent diameter that is larger than the internal diameter or equivalent diameter of the open end of the cavity (figure 1).
Referring to claim 9, Gong in view of Liu disclose a system having all of the limitations of claim 9, as stated above with respect to claim 1, wherein Gong discloses that the elongate fluid directing element (5) has a thickness (figure 1), but does not explicitly disclose that the elongate fluid directing element has a wall thickness of larger than 2.0 mm.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong in view of Liu by making the elongate fluid directing element so as to have a wall thickness of larger than 2.0 mm in order to provide an elongate fluid directing element that fits within a particular sized receptacle; and since it has been held that, where the general conditions of a claim disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Referring to claim 10, Gong in view of Liu disclose a system having all of the limitations of claim 10, as stated above with respect to claim 1, wherein Gong discloses (figure 1) that the elongate fluid directing element (5) has a height that is less than a height of the wall (figure 1).
Referring to claim 11, Gong in view of Liu disclose a system having all of the limitations of claim 11, as stated above with respect to claim 1, except for Gong explicitly disclosing the elongate fluid directing element being made of metal.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong in view of Liu by making the elongate fluid directing element of Gong of a metal material in a longitudinal direction of the fluid directing element in order to provide thermal conductivity for a more uniform temperature field in the vertical direction, which Gong suggests is desirable (paragraph 41).
Referring to claim 12, Gong in view of Liu disclose a system having all of the limitations of claim 12, as stated above with respect to claim 1, wherein Gong discloses a suspension element (the section between 4 and 5 on the top part of 5) arranged in the receptacle to suspend the elongate fluid directing element (5) (figure 1).
Referring to claim 13, Gong in view of Liu disclose a system having all of the limitations of claim 13, as stated above with respect to claim 1, wherein Gong is silent as to the type of thermos element, thereby not explicitly disclosing the electrical thermos element comprising a thermistor.
However, Liu further discloses that a thermos element comprising a thermistor can be calibrated using a reference (standard) thermos element (paragraph 34).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong in view of Liu by using a thermistor as the thermos element in Gong since Liu suggests that it is desirable to calibrate a resistance thermometer using a reference thermos element; and since the use of the particular type of electrical thermos element claimed by the applicant is considered to be nothing more than a choice of engineering skill, choice, or design, because the use of the particular electrical thermos element claimed by the applicant is considered to be the use of numerous and known alternate types of electrical thermos elements that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide using routine experimentation in order to provide an electrical thermos element as already suggested by Gong.
Referring to claim 14, Gong in view of Liu disclose a system having all of the limitations of claim 14, as stated above with respect to claim 1, wherein Gong is silent as to the type of thermos element, thereby not explicitly disclosing the electrical thermos element comprising a thermocouple.
However, Liu further discloses that a thermos element comprising a thermocouple can be calibrated using a reference (standard) thermos element (paragraph 34).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong in view of Liu by using a thermocouple as the electrical thermos element in Gong since Liu suggests that it is desirable to calibrate a thermocouple using a reference thermos element; and since the use of the particular type of electrical thermos element claimed by the applicant is considered to be nothing more than a choice of engineering skill, choice, or design, because the use of the particular electrical thermos element claimed by the applicant is considered to be the use of numerous and known alternate types of electrical thermos elements that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide using routine experimentation in order to provide an electrical thermos element as already suggested by Gong.
Referring to claim 15, Gong in view of Liu disclose a system having all of the limitations of claim 15, as stated above with respect to claim 1, wherein Gong discloses that the reference thermos element (15) is arranged within the cavity at a position (in 6) having substantially the same temperature at which the thermos element is arranged (figure 1; paragraphs 38, 41).
Referring to claim 16, Gong in view of Liu disclose a system having all of the limitations of claim 16, as stated above with respect to claim 1, wherein Gong discloses that an elongate element of the reference thermos element (15), the elongate fluid directing element (5), and the tubular wall are co-axially arranged (figure 1; paragraph 45), but does not explicitly disclose that the elongate element is also co-axially arranged.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong in view of Liu such that the elongate element, the elongate fluid directing element, and the tubular wall of a receptacle are co-axially arranged, as suggested by Gong, in order to provide a uniform flow structure on the thermos element of the temperature sensor.
Referring to claim 17, Gong in view of Liu disclose a system having all of the limitations of claim 17, as stated above with respect to claim 1, wherein Gong discloses that the energy source (8/16) comprises one or more electrical heating elements (paragraph 39).
Referring to claim 18, Gong in view of Liu disclose a method of calibrating a temperature sensor, said method utilizing a system according to claim 1 (as stated above), wherein Gong discloses the method comprising:
arranging the temperature sensor (14) in the cavity;
adding a fluid (air) into the cavity in an amount sufficient to submerge the elongate fluid directing element (5), the thermos element (of 14), and at least a section of the elongate element (figure 1);
controlling the energy source (8/16) to heat or cool the fluid in the cavity to one or more temperatures (paragraph 39), where the temperature(s) is(are) determined by the reference thermos element (15) or the thermos element (of 14); and
determining one or more temperatures by using the thermos element and the reference thermos element, and calibrating the temperature sensor based on the temperatures.
Gong does not explicitly disclose determining a deviation between two of the temperatures from the thermos element and the reference thermos element, if any, when a thermal equilibrium is established in the fluid for said one or more temperatures, and calibrating the temperature sensor based on said deviation.
However, Liu discloses determining, by using the thermos element and the reference thermos element, a deviation (error) between the temperatures, if any, measured by the reference thermos element and the thermos element when a thermal equilibrium is established in the fluid for said one or more temperatures, and calibrating the temperature sensor based on said deviation (paragraph 26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method using the system of Gong in view of Liu by having Gong determine, by using the thermos element and the reference thermos element, a deviation (error) between the temperatures, if any, measured by the reference thermos element and the thermos element when a thermal equilibrium is established in the fluid for said one or more temperatures to calibrate the temperature sensor based on the deviation since Liu discloses that such determination is useful for calibrating the temperature sensor.
Referring to claim 19, Gong in view of Liu disclose a method having all of the limitations of claim 19, as stated above with respect to claim 18, wherein Liu discloses the calibration comprising determining a correction for the temperature sensor (calibrating the temperature sensor), wherein the correction is an arithmetic correction (paragraph 26) (the temperature measured by the temperature sensor is compensated by the difference in the temperatures, which is an arithmetic correction).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Gong in view of Liu, as stated above with respect to claim 1, and further in view of CN209979097U to Jiang et al [hereinafter Jiang] (see the translation in the Office action dated 3/5/26).
Referring to claim 4, Gong in view of Liu disclose a system having all of the limitations of claim 4, as stated above with respect to claim 1, except for Gong explicitly disclosing that said temperature sensor comprises, at a position distal to the first end of the elongate element, a socket from which the elongate element extends, and wherein said socket has a thickness and a diameter or equivalent diameter that is larger than a diameter or equivalent diameter of the elongate element.
However, Jiang discloses (figure 2) that said temperature sensor (13) comprises, at a position distal to the first end of the elongate element, a socket (member on the top of the elongate element located through (2) in figure 2) from which the elongate element extends, and wherein said socket has a thickness and a diameter or equivalent diameter that is larger than a diameter or equivalent diameter of the elongate element (figure 2) in order to fix the temperature sensor in place (paragraph 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the temperature sensor of Gong in view of Liu with, at a position distal to the first end of the elongate element, a socket from which the elongate element extends, wherein said socket has a thickness and a diameter or equivalent diameter that is larger than a diameter or equivalent diameter of the elongate element, as suggested by Jiang, in order to fix the temperature sensor in place.
Allowable Subject Matter
Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A system for calibrating a temperature sensor, wherein the temperature sensor is arranged with at least a part of a lower surface of the socket abutting said abutment surface to provide a thermal contact between the elongate fluid directing element and the socket (claim 5).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered, but are moot in view of the new grounds of rejection.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
8/30/26
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