DETAILED ACTION
Claims 14 – 28 are pending in the present application.
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.
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.
Claim 21 is 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.
Claim 21 recites the limitation "the second free space" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Please note that claim 21 depends from claim 15 and claim 14 but does not depend from claim 18 which recites “a second free space”.
It is unclear if claim 21 should properly depend from claim 18 in some manner or if a separate second free space is being recited.
As best understood for purpose of examination and in order to expedite prosecution this second free space will be considered on a limitation basis and generally as the same as the one recited in claim 18.
However, positive in claim recitation of either proper dependency or antecedent basis is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 14-21 and 23-25 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Toyoshima (US 20070286255).
Regarding claim 14, Toyoshima teaches a thermocouple (abstract) comprising:
a substrate comprising an upper surface (11 with upper surface as drawn; see fig. 3D; see also fig. 1);
a first arm comprising a first horizontal part and a first connection terminal (12a with respective element 13; -- 12a being a first horizontal part and respective 13 being a first connection terminal; see fig. 1 and fig. 3D);
a second arm comprising a second horizontal part and a second connection terminal (12b with respective element 13; -- 12b being a second horizontal part and respective 13 being a second connection terminal; see fig. 1 and fig. 3D);
the first arm being arranged on the upper surface of the substrate (see fig. 3D showing this configuration), the second arm being arranged on the first arm such that the second horizontal part partially overlaps the first horizontal part (see fig. 3D showing this overlapping configuration of 12a and 12b), so as to define a first free space between the substrate, the first arm and the second arm (see portion of space denoted as 15 which is rightward as drawn in fig. 3D and 3C which is between the substrate, first and second arms), and such that the second connection terminal is in contact with the upper part of the substrate (fig. 2 shows that connection terminal(s) 13 is/are in contact with the upper part of the substrate 11), a hot junction of the thermocouple being defined by the zone of contact between the first arm and the second arm (see fig. 3D in view of [0030] “12a and 12b are joined together is termed as a temperature measuring junction where a voltage corresponding to a temperature is generated”; see also [0037]).
Regarding claim 15, Toyoshima teaches a dielectric material arranged in the first free space ([0037] “insulator film 15” is in the space; see fig. 3D).
Regarding claim 16, Toyoshima teaches that the first arm comprises an internal end and an external end from which the first connection terminal extends from the substrate (see figs. 2 and 1 showing this configuration; see [0031]).
Regarding claim 17, Toyoshima teaches that the second arm comprises an internal end and an external end from which the second connection terminal extends (see fig. 1 in view of fig. 3D showing this configuration; see [0031] “Each of end portions of the respective thermocouples 12 is connected to a corresponding one of clamp pads (electrode pads) 13 arranged in vicinities respectively of edge portions of the substrate 11.”).
Regarding claim 18, Toyoshima teaches that the second arm partially overlaps the first arm so as to define a second free space between the first connection terminal and the internal end of the second arm (see fig. 3D in view of fig. 2 showing this configuration where the second free space is the middle as drawn end of left and drawn space with element 15).
Regarding claim 19, Toyoshima teaches a dielectric material arranged in the second free space ([0037] “insulator film 15” is also in this space; see fig. 3D).
Regarding claim 20, Toyoshima teaches that the dielectric material is such that it is insulating in a temperature operating range of said thermocouple ([0037-39] teaches that the insulator functions as an insulator in the operating thermocouple).
Regarding claim 21, Toyoshima teaches a dielectric material arranged in the (see 112(b) section above) second free space, wherein the dielectric material is such that it is insulating in a temperature operating range of said thermocouple ([0037-39] teaches that the insulator functions as an insulator in the operating thermocouple).
Regarding claim 23, Toyoshima teaches that the substrate is electrically insulating ([0035] teaches that the substrate 11 has an insulator film formed on/apart of the substrate).
Regarding claim 24, Toyoshima teaches that the substrate is selected from the following group: a thermal barrier coating made of yttria zirconia, yttrium or ytterbium mono- or disilicate, alumina, oxide layer of a superalloy, or any other dielectric ([0035] teaches at least “silicon nitride or the like” is used; please note that silicon nitride has a dielectric constant of ~7-9 and a dielectric strength of ~18kV/mm which is similar to other dielectrics such as alumina).
Regarding claim 25, Toyoshima teaches that the first arm and the second arm are enveloped in an insulating material (16; see at least fig. 3D) of the same material as the substrate ([0032] teaches that the layer 16 may be silicon oxide such as PSG; [0035] teaches that he substrate 11 has an insulator film formed on/apart of the substrate which may be silicon oxide).
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 22 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Toyoshima (US 20070286255).
Regarding claim 22, Toyoshima lacks direct and specific teaching that the second free space has a larger volume than the volume of the first free space.
However, Toyoshima does disclose various sizes and configurations for the thermocouples (see fig. 1 showing various sizes; see figs. 3 and 4 showing examples of differing configurations).
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 that thermocouples may be sized and configured based on desired design goals of Toyoshima with specifically sizing the free spaces as design indicated. This is because one of ordinary skill in the art would have expected such a modification would have involved a mere change in the size of a component (relative sizing of the freed spaces with insulator / dielectric therein). A change in size is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04 (IV)).
Regarding claim 26, Toyoshima teaches a method for manufacturing a thermocouple according to claim 14 (see treatment of claim 14 above), comprising the following steps:
depositing the first arm on a substrate ([0035]; see figs. 3A and 3B);
depositing a horizontal part of the second arm from the second connection terminal towards the inside of the substrate so as to at least partially overlap the first arm to form a hot junction of the thermocouple ([0037]; see fig. 3C showing this deposition and forming of the hot / measuring junction of the thermocouple).
Toyoshima lacks direct and specific teaching of depositing the second connection terminal of the second arm on the substrate so as to leave a first free space between the substrate, the first arm and the second arm.
However, Toyoshima does disclose depositing the films (22 in this instance; see fig. 3C and fig. 2) to form both portions ([0037-38]) such that “metal wire 12b constituting the thermocouple 12 and the clamp pad 13 (see FIG. 1) connected to the metal wire 12b are formed” ([0038]).
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 forming of the thermocouple of Toyoshima with specifically forming the pad then wire/trace of the thermocouple. This is because one of ordinary skill in the art would have expected such a modification would be a forming in a design indicated order multiple portions of the structure into a whole since it has been held that constructing a formerly integral structure (arm / pad of a thermocouple) in various elements (pad formed and arm formed separately) involves only routine skill in the art. (MPEP 2144.04 (V-C).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Toyoshima (US 20070286255) in view of Kulkarni et al. (US 20100027584; hereinafter Kulkarni).
Regarding claim 27, Toyoshima teaches a device comprising a thermocouple according to claim 14 (see treatment of claim 14 above).
Toyoshima does not directly and specifically state that the device is for measuring the temperature of a turbomachine blade, the substrate being arranged on the blade.
However, Kulkarni teaches a thermocouple (12; abstract; see figs. 1-3) on a substrate (TBC 20; [0020-21] “standard TBC, which is made from yttria stabilized zirconia”; see fig. 3) for measuring the temperature of a turbomachine (gas turbine 11; [0019]) blade (10; [0019] “a turbine blade 10 of a gas turbine 11 has mounted thereon a thermocouple 12”; see fig. 1), the substrate being arranged on the blade (see fig. 1; [0019]).
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 thermocouple on a substrate of Toyoshima with the specific knowledge of the thermocouple on a substrate on a turbine blade of Kulkarni. This is because such placement on a turbine blade allows for measuring the temperature of the blade. This is important in order to provide a temperature measurement from a harsh environment like a turbine blade (see at least [0006] of Kulkarni).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Toyoshima (US 20070286255) in view of Yoon (US 20180190330).
Regarding claim 28, Toyoshima teaches a device comprising a thermocouple according to claim 14 (see treatment of claim 14 above).
Toyoshima does not directly and specifically state that the device is for measuring the temperature of a determined zone of an electronic circuit, the thermocouple being arranged in the determined zone such that the hot junction is arranged on the determined zone.
However, Yoon teaches a thermocouple used in an electronic circuit (at least a memory module or modules; abstract) to detect temperature at a contact point / region / determined zone (abstract).
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 thermocouple on a substrate of Toyoshima with the specific knowledge of the thermocouple for detecting a point / region / zone temperature on an electronic circuit of Yoon. This is because such placement on an electronic circuit allows for measuring the temperature of the circuit. This is important in order to provide a temperature measurement or measurements in specifically desired areas (see [0005] of Yoon).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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
/NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855