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 .
Response to Amendment
Applicant’s submission filed 05/13/2026 includes changes to the claims, remarks and arguments related to the previous rejection. The above have been entered and considered. Claims 8 & 10-14 are currently pending.
Response to Arguments
With regard to the Specification Objection:
Applicant has amended the title to reflect the claimed invention. Acceptance of the new title, “MECHANICALLY ROBUST FIELD DEVICE” is reflected in the attached Bib Datasheet.
With regard to the 112(a) rejection:
Applicant persuasively argues in their response (5/13/2026) the particular type of sensor -- and thus the particular use of the claimed field device -- is not germane to the patentability of the claimed field device as the intended use of the claimed housing to house a sensor, where the housing not the type of sensor is the claimed product. The 112a rejection of the claims is withdrawn.
With regard to the 112(b) rejection:
Applicant has amended Claims 8 & 14 to resolve the clarity of the arrangement and passageway through the elements of the housing, the enclosure and the measuring neck. The 112(b) rejection of the claims is withdrawn.
With regard to the 103 rejection:
Applicant has amended Claims 8 & 14 to roll-up Claim 9 into Claim 8 and add new limitations that require additional search and consideration:
having a first open end and a second open end each disposed along the device axis, wherein an internal periphery of the second open end includes female threads for a screw thread connection
a measuring device neck having a threaded first end embodied to form the screw thread connection with the second open end of the enclosure and further having a second end embodied to secure the field device to a container, wherein the measuring device neck is disposed at least partially in the passageway interior and that is secured to the enclosure by the screw thread connection.
Applicant’s arguments and/or amendments with regard to Claims 8 & 10-14 have been considered in light of the previous references. The arguments and amended claims do not overcome the prior art at the time of the filing of the invention.
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 & 10-14 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] enclosing an interior (inside housing 5 & 6) wherein the housing (5 & 6) includes a passageway (Fig. 1: passageway between walls of 4 and exterior wall of 11) formed along the device axis (Fig. 1: center line of device) such that an interior of the passageway adjoins the interior of the housing (Fig. 1: inside housing 5 & 6 centered on axis a) along a device axis (a); an electrically conductive enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) [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], having a first open end (11 top end) and a second open (11 bottom end) wherein the enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) is secured in the housing 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) such that the measuring device neck (23 neck housing) is oriented in a direction of the device axis (a) [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:
1) the measuring device neck is in communication with the passageway of the electrically insulating housing a measuring device neck having a threaded first end embodied to form the screw thread connection with the second open end of the enclosure and further having a second end embodied to secure the field device to a container and that is secured to the enclosure by the screw thread connection in such a manner that the measuring device neck is oriented in a direction of the device axis securing the measuring device neck to the enclosure via the screw thread connection such that the measuring device neck is arranged in the passageway of the housing.
2) an electrically conductive enclosure wherein an internal periphery of the second open end includes female threads for a screw thread connection.
With regard to 1) 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] a measuring device neck (17) having a threaded first end embodied to form the screw thread connection with the second open end of the enclosure (3)[0027];an electrically conductive enclosure (3) wherein an internal periphery (3 inside) of the second open end (bottom end) for a screw thread connection [0038] and further having a second end (3) embodied to secure the field device to a container (2) and that is secured to the enclosure by the screw thread connection [0028] in such a manner that the measuring device neck (17) is oriented in a direction of the device axis securing the measuring device neck (17) to the enclosure (3) via the screw thread connection [0038] such that the measuring device neck (17) is arranged in the passageway of the housing (2)[0027].
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 threaded screw connection between an outer housing and an electrically conductive enclosure with Kaess’s housing and enclosure because a mechanical connection using a threaded screw improves reliable connection and insulation of the sensor in a dynamic fluid environment with the overlapping of the threads [Michalski 0002].
With regard to 2) Michalski teaches a threaded an electrically conductive enclosure (3) wherein an internal periphery (3 inside) of the second open end (bottom end) includes threads for a screw thread connection [0038].
The arrangement of male to female threading is a reversible design choice and since the courts have held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, USPQ 167.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Kaess’s, as modified by Michalski’s, threaded arrangement with the female thread on the enclosure connection because the female threading is less complicated to machine and tolerances are slightly less stringent providing a cost-efficient solution to installation.
Claim 10. Dependent on the field device as claimed in claim 8. 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 first open end of the enclosure (11 with box 2 connected at horizontal face of 2 indicated as 2’s sub-element 8) 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 enclosing (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] an interior (inside housing 5 & 6) wherein the housing includes a passageway formed along a device axis such that an interior of the passageway (inside housing 5 & 6 forms a passageway centered on axis a) adjoins the interior of the housing (inside housing 5 & 6) along the 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:
1) the measuring device neck is in communication with the passageway of the electrically insulating housing a measuring device neck having a threaded first end embodied to form the screw thread connection with the second open end of the enclosure and further having a second end embodied to secure the field device to a container and that is secured to the enclosure by the screw thread connection in such a manner that the measuring device neck is oriented in a direction of the device axis securing the measuring device neck to the enclosure via the screw thread connection such that the measuring device neck is arranged in the passageway of the housing.
2) an electrically conductive enclosure wherein an internal periphery of the second open end includes female threads for a screw thread connection.
With regard to 1) 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] a measuring device neck (17) having a threaded first end embodied to form the screw thread connection with the second open end of the enclosure (3)[0027];an electrically conductive enclosure (3) wherein an internal periphery (3 inside) of the second open end (bottom end) for a screw thread connection [0038] and further having a second end (3) embodied to secure the field device to a container (2) and that is secured to the enclosure by the screw thread connection [0028] in such a manner that the measuring device neck (17) is oriented in a direction of the device axis securing the measuring device neck (17) to the enclosure (3) via the screw thread connection [0038] such that the measuring device neck (17) is arranged in the passageway of the housing (2)[0027].
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 threaded screw connection between an outer housing and an electrically conductive enclosure with Kaess’s housing and enclosure because a mechanical connection using a threaded screw improves reliable connection and insulation of the sensor in a dynamic fluid environment with the overlapping of the threads [Michalski 0002].
With regard to 2) Michalski teaches a threaded an electrically conductive enclosure (3) wherein an internal periphery (3 inside) of the second open end (bottom end) includes threads for a screw thread connection [0038].
The arrangement of male to female threading is a reversible design choice and since the courts have held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, USPQ 167.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Kaess’s, as modified by Michalski’s, threaded arrangement with the female thread on the enclosure connection because the female threading is less complicated to machine and tolerances are slightly less stringent providing a cost-efficient solution to installation.
Prior Art Considered but not Utilized
The prior art made of record and not relied upon and is considered pertinent to applicant's disclosure is provided in the following table:
Prior Art Document Identifier
Inventor
Comment
WO 9627123 A1
FRICK R L et al.
A transmitter housing contains the I/O circuitry and the compensation circuitry.. A process barrier in the housing isolates the I/O circuitry and the compensation circuitry from the mounting portion.
EP 1106982 B1
FLOEGEL KARL et al.
Pressure gauges usually have a housing, an in the housing enclosed pressure measuring cell for pressure detection and an electronic circuit on.
US 7681456 B2
Hausler; George
a field device is disclosed that includes a housing defining a fluid cavity and a sensor cavity and having an isolation barrier to isolate the fluid cavity from the sensor cavity.
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.
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
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