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 .
Specification Objection
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. This may result in slightly longer titles, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc. If a satisfactory title is not supplied by the applicant, the Examiner may, at the time of allowance, change the title by an Examiner’s amendment. See MPEP § 1302.04(a). The following title is suggested: “Shielded Fluid Medium Sensor”.
Claim Rejections - 35 USC § 112
1) The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 8-14 are rejected under 35 U.S.C. 112(a), because the specification, while being enabling for a field device for determining a process variable of a fluid in a process container [0002-0004] and a sensor for determining the process variable of a fluid in a process container [0002-0004]. The specification does not apply to all possible process variables of all materials within any structure or flowing freely.
Claims 8-14 and its dependent claims are rejected under 35 U.S.C. 112(a), as failing to comply with the scope of enablement requirement. In Applicant' s case the breadth of the claims extends beyond the disclosure of a field device for determining a process variable of a fluid medium in a process container.
There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is “undue.” In this case, the relevant Wand factors Examiner has considered are:
2164.01(a) Undue Experimentation Factors [R-01.2024]
(A) The breadth of the claims;
(B) The nature of the invention;
(C) The state of the prior art;
(D) The level of one of ordinary skill;
(E) The level of predictability in the art;
(F) The amount of direction provided by the inventor;
(G) The existence of working examples; and
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
The disclosure does not provide additional working examples or indication of any other type of a field device (1) for determining a process variable of a fluid medium (2) in a process container (3). the inventor has reduced to practice at the time deriving a splitting frequency response of the mechanical resonator using a measured resistance. Absence of disclosure of determining all possible process variables for all materials places on the public the entire quantity of experimentation needed to make or use the full scope of Claims 8-14 and over reaches the disclosed concept.
Claims 8-14 therefore recites subject matter directed to the broadest level of a concept of all possible present and future determinations of process variables of all materials. Dependent claims are also rejected for their dependence on the rejected base Claims 8-14.
Consistent with office policy, Examiner has weighed all the evidence for and against enablement of this invention and has concluded based on guidance provided by the MPEP and case law (including the Wands factors) that there is not enough evidence in favor of the scope of the enablement of this invention.
Applicant may submit factual affidavits under 37 CFR 1.132 or cite references to show what one skilled in the art knew at the time of filing the application. A declaration or affidavit is, itself, evidence that must be considered. The weight to give a declaration or affidavit will depend upon the amount of factual evidence the declaration or affidavit contains to support the conclusion of enablement. In re Buchner, 929 F.2d 660, 661, 18 USPQ2d 1331, 1332 (Fed. Cir. 1991) (“expert' s opinion on the ultimate legal conclusion must be supported by something more than a conclusory statement”); cf. In re Alton, 76 F.3d 1168, 1174, 37 USPQ2d 1578, 1583 (Fed. Cir. 1996) (declarations relating to the written description requirement should have been considered)”.
2) 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.
Claims 8-14 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 8 & 14 recites a limitation “field device comprising a passageway that adjoins the interior along a device axis” where a passageway is unclear as it adjoins an open interior space and it unclear what structures bound the passageway to create a passage. It seems the passageway is the interior of the housing [0011]. Examiner recommends removing the term “adjoining” and distinctly claim the structure of the passageway.
Claims 8 & 14 recites a similar limitation “a measuring device neck that is secured to the enclosure in such a manner that the measuring device neck is oriented in a direction of the device axis and in communication with the passageway of the electrically insulating housing” which is unclear as to what structure is required to meet a measuring neck in communication with the passageway. It seems in Applicant’s Fig. 2 the housing overlaps the measuring device neck with the measuring device neck at least partially in within the housing enclosure.
All dependent claims are rejected for their dependence on a rejected 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.
Claims 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kaess (US 20110308304: “Kaess”) in further view of Michalski (US 20180160574: “Michalski”).
Claim 8. Kaess discloses a field device (Fig. 1: device depicted upside down from inserting direction) for determining a process variable [0004: The housing of the liquid-level sensors is made of plastic. To this end the capacitive measuring elements], comprising: an electrically insulating housing (5 & 6) [0024: housing body 1 is largely covered by a two-part housing jacket 5, 6 on its outside. The housing jacket is preferably made from plastic material] [0039-0040] having an interior (inside housing 5 & 6) and a passageway (Fig. 1: passageway between walls of 4 and exterior wall of 11) that adjoins the interior (Fig. 1: inside housing 5 & 6 centered on axis a) along a device axis (a); an enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) composed of an electrically conductive material [0023: Materials for housing body 1 are iron, steel, stainless steel, aluminum or other metal materials] & [0052: In addition, an insert 11 is disposed inside box 2. Insert 11 together with box 2 forms an enclosed space in which circuit board 10 is situated. To this end, insert 11 is connected to bottom 8 or side wall 4 of box 2 by a continuous welded seam], wherein the enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) is secured in the interior (inside housing 5 & 6) and is formed to surround a first electronics module (10) [0032: an insert 11 is disposed inside box 2. Insert 11 together with box 2 forms an enclosed space in which circuit board 10 is situated] at least radially relative to the device axis (a) (Fig. 1 enclosure 11 w/ box 2 radially positioned around axis a) [0032]; a measuring device neck (23 neck housing) that is secured to the enclosure (Fig. 1 enclosure 11 w/ box 2 radially positioned around axis a) in such a manner that the measuring device neck (23 neck housing) is oriented in a direction of the device axis (a) and in communication with the passageway (Fig. 1: passageway between interior walls of 4 and exterior wall of 11) of the electrically insulating housing (5 & 6) [0024: housing body 1 is largely covered by a two-part housing jacket 5, 6 on its outside. The housing jacket is preferably made from plastic material] [0039-0040]; and a sensor (9) for determining the process variable [0004: The housing of the liquid-level sensors is made of plastic. To this end the capacitive measuring elements], wherein the sensor (9) is arranged at a housing (5 & 6) far end region of the measuring device neck (9 extends capacitive sensor out of 23 at the end region). Kaess does not explicitly disclose:
the measuring device neck is in communication with the passageway of the electrically insulating housing
Michalski teaches a field device for use in process automation, comprising a housing for EMC-shielding, which surrounds an interior, which is composed of at least a first chamber and a second chamber, at least one sensor [0001]. Michalski further teaches a measuring device neck (17) is in communication with the passageway (Fig. 1: inside enclosure of housing) of the electrically insulating housing (2)[0035: a non-conductive housing jacket 2. This is composed of a plastic, for example, polyamide (PA), polyetheretherketone (PEEK), etc. and can be formed by means of various methods, such as injection molding, and is connected with the housing core 3 by force interlocking or by material bonding, thus, for example, by a snap connection, a shrink connection, a screwed connection, a rivet connection or an adhesive connection].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Michalski’s screw connection between an outer housing and an electrically conductive enclosure with Kaess’s, as modified, housing and enclosure because a mechanical connection using a screw improves reliable connection of the housing in a dynamic fluid environment [Michalski 0002].
Claim 9. Dependent on the field device as claimed in claim 8. Kaess further discloses the measuring device neck (23) is secured to the enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) by a plug-in connection [0040: Cover 23 may be welded or locked into place].
Claim 10. Dependent on the field device as claimed in claim 9. Kaess disclosed the plug-in connection where the constraint of the screw thread connection is designed at most with an M60 screw thread is not applicable to the disclosed option.
Claim 11. Dependent on the field device as claimed in claim 8. Kaess further discloses the enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) and in the housing (5 & 6), corresponding first screw openings [0012: Socket connectors for fixing the housing in place may be situated in a first section of the two mutually insulated sections of the housing jacket] are provided to secure the enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) in the interior (inside housing 5 & 6) [0012]. Kaess does not explicitly disclose:
corresponding first screw openings are provided to secure the enclosure in the interior via a first screwed, or bolted, connection.
Michalski teaches a field device for use in process automation, comprising a housing for EMC-shielding, which surrounds an interior, which is composed of at least a first chamber and a second chamber, at least one sensor [0001]. Michalski further teaches a corresponding first screw openings are provided to secure the enclosure (enclosure bounded by 3 & 15 configured as a faraday cage) with electronics 19 is the interior) in the interior via a first screwed, or bolted, connection [0035: The housing core 3 is surrounded on all sides by a non-conductive housing jacket 2. This is composed of a plastic, for example, polyamide (PA), polyetheretherketone (PEEK), etc. and can be formed by means of various methods, such as injection molding, and is connected with the housing core 3 by force interlocking or by material bonding, thus, for example, by a snap connection, a shrink connection, a screwed connection (e.g. screwed connections requires screw and receiving screw opening for a connection), a rivet connection or an adhesive connection].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Michalski’s screw connection between an outer housing and an electrical conductive enclosure with Kaess’s, as modified, housing and enclosure because a mechanical connection using a screw improves reliable connection of the housing in a dynamic fluid environment [Michalski 0002].
Claim 12. Dependent on the field device as claimed in claim 8. Kaess further discloses the enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) with respect to device axis (a) includes a measuring device neck (23) far, open end region (Fig. 5: open end of device neck 23 is end closest to enclosure 11), and wherein the open end region of the enclosure is capped by a circuit board (Fig. 5: Sensors 18 on subassembly board on 8) [0040: A cover 22 made of sheet metal or plastic may be disposed on the outside of bottom 8 to protect the subassemblies or sensors 18] & [0029-0030].
Claim 13. Dependent on the field device as claimed in claim 8. Kaess further discloses the housing (5 & 6) is designed in such a manner and the passageway (5 & 6 interior space is a passageway) is sealed in such a manner that the interior is hermetically sealed [0033: A plastic layer may be sputtered onto the connection region of plug assembly 12 with insert 11. Plug assembly 12 and insert 11 are preferably injection-molded in sealing fashion. This ensures that the cavity formed by box 2 and insert 11 is airtight, at least impervious to spray water, in the region of the plug assembly as well. Additional sealing using bonding agents is also conceivable].
Claim 14. Kaess discloses a method for producing a field device (Fig. 1: device depicted upside down from inserting direction), comprising: providing: an electrically insulating housing (5 & 6)[0024: housing body 1 is largely covered by a two-part housing jacket 5, 6 on its outside. The housing jacket is preferably made from plastic material] & [0039-0040] having an interior (inside housing 5 & 6) and a passageway (inside housing 5 & 6 forms a passageway centered on axis a) that adjoins the interior (inside housing 5 & 6) along a device axis (a); an enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) composed of an electrically conductive material [0023: Materials for housing body 1 are iron, steel, stainless steel, aluminum or other metal materials] & [0052: In addition, an insert 11 is disposed inside box 2. Insert 11 together with box 2 forms an enclosed space in which circuit board 10 is situated. To this end, insert 11 is connected to bottom 8 or side wall 4 of box 2 by a continuous welded seam]; a first electronics module (10); and a measuring device neck (23); arranging the first electronics module (10) within the enclosure [0032: an insert 11 is disposed inside box 2. Insert 11 together with box 2 forms an enclosed space in which circuit board 10 is situated]; securing the enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) in the interior (inside interior of 5 & 6) of the electrically insulating housing (5 & 6) [0024: housing body 1 is largely covered by a two-part housing jacket 5, 6 on its outside. The housing jacket is preferably made from plastic material] [0039-0040]. Kaess does not explicitly disclose:
securing the measuring device neck to the enclosure such that the measuring device neck is arranged in the passageway of the housing.
Michalski teaches a field device for use in process automation, comprising a housing for EMC-shielding, which surrounds an interior, which is composed of at least a first chamber and a second chamber, at least one sensor [0001]. Michalski further teaches securing the measuring device neck (17) to the enclosure (3 & 15) [0023-0027] such that the measuring device neck (17) is arranged in the passageway (housing 2 overlaps the measuring device neck) of the housing (2) of the electrically insulating housing (2)[0035: a non-conductive housing jacket 2. This is composed of a plastic, for example, polyamide (PA), polyetheretherketone (PEEK), etc. and can be formed by means of various methods, such as injection molding, and is connected with the housing core 3 by force interlocking or by material bonding, thus, for example, by a snap connection, a shrink connection, a screwed connection, a rivet connection or an adhesive connection].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Michalski’s screw connection between an outer housing and an electrical conductive enclosure with Kaess’s, as modified, housing and enclosure because a mechanical connection using a screw improves reliable connection of the housing in a dynamic fluid environment [Michalski 0002].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-273-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855