FIRST NON-FINAL REJECTION
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 .
Specification
The abstract of the disclosure is objected to because the abstract is more than one paragraph. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 5 recites the limitation "the filter element" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the operating voltage" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the operating temperature" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the voltage" in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the filter element" in lines 9 and 10 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "a sensor arrangement" in line 9 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the filter element" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "a sensor arrangement" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the filter element" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the filter element" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-2, 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saffell et al. U.S. Patent Application Publication 2009/0038962.
With respect to claim 1, Saffell teaches a sensor arrangement (oxygen sensor 1, figures 1 and 8) for an apparatus for the additive manufacture of a component in a manufacturing process in which build material is consolidated on a construction area in a processing area by means of irradiation of the build material with at least one energy beam (the intended use of the sensor arrangement is not positively recited therefore is not required in the prior art), the sensor arrangement comprising: a sensor module (electrolyte 18 and the remaining structure of the sensor arrangement 1, paragraphs 50-51) which is configured to detect oxygen molecules in a gas sample permeating into the sensor module and to generate an electrical sensor signal based on the quantity of the oxygen molecules (the electrolyte chamber, mass flow control member, gas space, hydrophobic PTFE membrane, cathode, anode, electrolyte and circuitry function as an electrochemical oxygen sensor, paragraph 51), a selective filter element configured to filter the gas sample so that at least hydrogen molecules and/or hydrogen ions and/or water molecules and/or hydroxide ions are filtered out of the gas sample (alternative filter 24 comprising a filter housing 26 which replaces inlet 4 and potassium permanganate filled chamber 6 of the sensor arrangement 1 filter received gas before it reaches the capillary tube 10, paragraph 62, figure 8).
With respect to claim 2, Saffell teaches wherein the filter element comprises a zeolite or activated carbon (The filter housing employs four sheets of activated carbon cloth 28, paragraph 62), through which the gas sample is guided before it permeates into the sensor module, or a layer of platinum by which the gas sample is passed before it permeates into the sensor module (alternative language means only one part of the claim is require by the prior art).
With respect to claim 4, Saffell teaches wherein a filter element is disposed in a manner such that it filters the gas sample before it permeates into the sensor module and at least partially surrounds the sensor module or at least its electrodes or is disposed in a manner such that it filters the gas sample in a gas supply to the sensor module (a filter housing 26 which replaces inlet 4 therefore is filters the gas sample before it permeates into the sensor arrangement 1, paragraph 62, figure 8).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saffell et al. U.S. Patent Application Publication 2009/0038962 in view of De La Prierta U.S. Patent 6,716,327.
With respect to claim 3, Saffell teaches where the sensor has an anode and cathode and is an amperometric or potentiometric sensor (paragraph 51) and the filter element is disposed in or on the solid electrolyte (figures 1 and 8), but fails to teach wherein the sensor arrangement comprises zirconium dioxide between the anode and cathode.
De La Prierta teaches a measuring arrangement for the analysis of gas components in gas mixtures (abstract) having a measuring arrangement 10 that has an disk-shaped solid electrolyte 14 on the side of which electrode 16 is arranged which is wired as an anode, and the side of solid electrolyte 14 is composed of zirconium dioxide (col. 3 lines 19-42).
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the sensor of Saffell with the gas sensor material as taught by De La Prierta in order to an more accurate measuring material.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saffell et al. U.S. Patent Application Publication 2009/0038962 in view of Brosio et al. U.S. Patent Application Publication 2017/0160249
With respect to claims 5-6, Saffell teaches the claimed invention except wherein the filter element is formed by an electrode of the sensor module, wherein the electrode material of the electrode is selected such that the conversion of water vapour to hydrogen ions and hydroxide and/or the conversion of molecular hydrogen into hydrogen ions and/or the adsorption of water vapour and/or the adsorption of hydrogen is inhibited, and a controller which is configured to control the operating voltage and/or operating temperature of the sensor module and/or the operating temperature of the filter element in a manner such that an ionisation, accumulation or deposition of water vapour is prevented, wherein the voltage is decreased below a predetermined threshold value.
Brosio teaches a sensor for monitoring gases wherein (abstract), the sensing element 435 can be heated up so that condensed water present on the sensing element and the protective cap 530 evaporates (where the protective cap 530 may be interpreted as a filter and the sensing element material is interpreted as being selected to be able to heat up thereby converting water to vapor, paragraph 66).
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the invention of Saffell with the invention of heating a gas sensor as taught by Brosio in order to provide a sensor where the reliability and the life span of the exhaust gas sensor can be improved (paragraph 12, Brosio).
Claim(s) 8-9, 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saffell et al. U.S. Patent Application Publication 2009/0038962 in view of Foret et al. U.S. Patent Application Publication 2018/0117675.
With respect to claims 8-9, 11-13, Saffell teaches the claimed invention except an apparatus for the additive manufacture of a component in a manufacturing process in which build material on a construction area in a processing area is consolidated by means of irradiation of the build material with at least one energy beam, the apparatus comprising: a supply device for applying layers of build material to the construction area, an irradiation device in order to selectively consolidate build material between the application of two layers of material by irradiation with at least one energy beam, as well as the sensor arrangement as claimed in claim 1. Further, Saffell fails to teach a gas pump, wherein the apparatus is configured in a manner such that a gas sample is moved to the sensor arrangement by means of the gas pump, wherein the gas pump is configured in a manner such that the volume of gas in a processing area of the apparatus is circulated, a volume of gas is discharged from the processing area, or an inert gas is introduced into the processing area, and producing a flow of gas in the processing area of the apparatus so that a gas sample meets the sensor module by means of the flow of gas, generating a sensor signal by means of the sensor module of the sensor arrangement, using the sensor signal to control or regulate the apparatus. Further, Saffell fails to teach wherein the manufacturing process and/or the gas flow is controlled on the basis of the sensor signal, wherein the gas flow is increased when the sensor signal exceeds a predefined threshold or drops below a predefined threshold, and/or wherein the build process of the apparatus is carried out independently of the sensor signal (S), and wherein, for a reference measurement, the partial pressure of oxygen in the sensor module is reduced to a predetermined minimum concentration, by pumping with a voltage or an oxygen adsorbent or by specific flushing of the sample gas.
Foret teaches a method and apparatus for the generative manufacture of a three-dimensional component in a processing chamber providing a metallic starting material in the processing chamber and melting the starting material by means of energy input (abstract) where a build material (metallic starting material, paragraph 73) on a construction area (production platform 3) in a processing area (processing chamber 1) is consolidated by means of irradiation (laser 7) of the build material with at least one energy beam (laser beam generated by laser 7, paragraph 61), the apparatus comprising: a supply device (application device 6) for applying layers of build material to the construction area (paragraph 60), an irradiation device (deflection device 8) in order to selectively consolidate build material between the application of two layers of material by irradiation with at least one energy beam (paragraph 81), as well as a sensor arrangement (exemplary sensor 22 that may be oxygen sensor, paragraph 83) for measuring oxygen in the processing chamber (paragraph 83, figure 2). Further, Foret teaches a gas pump (compressor 23), wherein the apparatus is configured in a manner such that a gas sample is moved to the sensor arrangement by means of the gas pump (paragraph 66), wherein the gas pump is configured in a manner such that the volume of gas in a processing area of the apparatus is circulated, a volume of gas is discharged from the processing area, or an inert gas is introduced into the processing area (process gas is circulated through recirculation line 14, paragraph 66, figure 2), and producing a flow of gas in the processing area of the apparatus so that a gas sample meets the sensor module by means of the flow of gas (compressor 23 moves the process gas in the processing chamber, figure 2), generating a sensor signal by means of the sensor module of the sensor arrangement (paragraph 73), using the sensor signal to control or regulate the apparatus where the process gas composition in the processing chamber 1 is controlled in dependence on the corrected value for the oxygen content, where an oxygen-free gas is supplied to the process gas and/or introduced into the processing chamber if the corrected value for the oxygen content is higher than a predefined comparative value and the oxygen content of the process gas in the processing chamber can be kept below a predefined maximum value (paragraph 47), for this purpose, part of the original process gas atmosphere can be discharged through the line 18 and/or the composition and/or amount of the process gas being supplied by the process gas supply device 9 can be changed (paragraph 80).
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the invention of Saffell and provide an oxygen sensor having a filter arrangement as part of an additive manufacturing process as taught by the processing and sensor arrangement of Foret in order to determine the oxygen content of the process gas more accurately (Foret, paragraph 31) and provide a sensor which is suitable for prolonged use (Saffell, paragraph 8).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saffell et al. U.S. Patent Application Publication 2009/0038962 in view of Foret et al. U.S. Patent Application Publication 2018/0117675 and further in view of Foret et al. U.S. Patent Application Publication 2018/0117713 (herein after Foret ‘713).
With respect to claim 10, Saffell as modified by Foret teaches the claimed invention except a conduit and wherein the sensor module of the sensor arrangement is disposed in the conduit in a manner such that gas flowing through the conduit serves as the gas sample for a measurement, wherein the filter element is disposed in the conduit in a manner such that the gas flowing through the conduit is filtered before it meets the sensor module.
Foret ‘713 teaches a method and apparatus for the generative production of a three-dimensional component in a processing chamber (abstract) having a lambda probe 13 for determining the oxygen content of the process gas circulating through circulating line 14 (paragraph 69).
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to further modify the invention of Saffell as modified by Foret oxygen sensor in the recirculating line as taught by Foret ‘713 in order to provide a generative production method with which it is possible to better control the process gas atmosphere in the processing chamber (paragraph 15, Foret ‘713).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saffell et al. U.S. Patent Application Publication 2009/0038962 in view of Foret et al. U.S. Patent Application Publication 2018/0117675 in view of Busch et al. U.S. Patent Application Publication 2006/0032744.
With respect to claim 14, Saffell as modified by Foret teaches the claimed invention except wherein the filter element comprises a temperature controller with which the filter element can be heated and/or cooled, wherein this temperature controller is controlled or regulated as a function of the sensor signal.
Busch teaches an oxygen sensor element 18 that has a sintered metal filter 22 which may be itself provided with an electrical heating element to actively heat the protective element 22 (paragraph 29).
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to further modify the invention of Saffell as modified by Foret with the filter that is heated as taught by Busch in order to prevent more moisture from reaching the gas sensor.
Allowable Subject Matter
Claims 7 and 15 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.
Conclusion
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FREDDIE KIRKLAND III
Primary Examiner
Art Unit 2855
/Freddie Kirkland III/Primary Examiner, Art Unit 2855 3/7/2026