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 .
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.
Claim(s) 1 – 3, 12 – 13, 19 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0132009 A1 to Nikko (hereinafter “Nikko”).
Regarding Claim 1, Nikko teaches a measuring device (see pressure detection device 10, Fig. 1, see paragraph [0030]) comprising:
a measurement gauge (see 10, Figs. 1, 2) which measures a fluid (see pressure detection apparatus 10 comprising a sensor part 32 that detects a pressure of liquid flowing through the flow path, see paragraph [0037]);
a main body (see pump head 2, Figs. 1, 2) with respect to which the measurement gauge (10) is removably installable (see paragraphs [0030] – [0037] describing removable arrangement); and
a connector (see communication member 12, Fig. 2, see paragraphs [0031], [0036]) which connects the measurement gauge (10) and the main body (2);
wherein the measurement gauge (10) comprises
a measurement fluid passage through which the fluid flows (see for instance upstream flow path 34, Fig. 2, see paragraph [0037]), and
a recessed measurement connection port (see recess 30 at protrusion 28, Fig. 2, serving as the measurement connection port see paragraph [0038]) which is coupled to an end of the measurement fluid passage (see arrangement at Fig. 2);
wherein the main body (2) comprises
a main body fluid passage through which the fluid flows (see pump chamber 4 through which the fluid flows including flow paths 14, 16, see paragraphs [0032]- 0034] and arrangement at Figs. 2, 4), and
a recessed main body connection port (see recesses 20, 21, Fig. 4, see paragraphs [0039] – [0040]) which is coupled to an end of the main body fluid passage (see arrangement at Fig. 4); and
wherein the connector (12) comprises
a connecting tube (see communication member 12, Figs. 2, 4), a first end of which is inserted into an interior of the measurement connection port (28, 30, Fig. 4), and a second end of which is inserted into an interior of the main body connection port (20, 21, Fig. 4);
an annular first elastic body (see seal member 26, Fig. 4, see paragraph [0036] describing the seal members 24, 26 each made of a resin and having elasticity) which seals a region between the first end of the connecting tube (12) and the measurement connection port (28, 30); and
an annular second elastic body (see seal member 24, Fig. 4, see paragraph [0036] describing the seal members 24, 26 each made of a resin and having elasticity) which seals a region between the second end of the connecting tube (12) and the main body connection port (20, 21).
Even though Nikko teaches first and second elastic body which seals region between the first and second of the connecting tube with the measurement connection port and the main body connection port as described above, Nikko does not explicitly teach the elastic body arranged at “an outside circumferential portion” of the first end and second end of the connecting tube with “an inside circumferential portion” of the measurement connection port and the main body connection port, respectively.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the elastic body as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). The modification allows for a more secured attachment of the two parts.
Regarding Claim 2, Nikko as modified above teaches wherein the connecting tube (12) comprises, at the first end of the connecting tube, a first insertion tube portion which is inserted into the interior of the measurement connection port (see first insertion portion at top portion as illustrated at Fig. 4 which is inserted into 28, 30);
the first insertion tube portion comprises a first groove which extends along a full extent of an outside circumference thereof the first insertion tube portion so as to contain the first elastic body; and a distance between the first groove and a tip end of the first insertion tube portion is less than a distance between the first groove and a base end of the first insertion tube portion (see modification of location of the elastic body in claim 1 above, thus when the seal members 26, 24 are provided on the circumferential area as described above, one of ordinary skill in the art could easily recognize of disposing the seal members at full extent positions in the depressions 30, 20 which disposes the seal members 26, 24 toward a distal end side rather than a proximal end side of the communication member 12, in order to prevent the seal members 26, 24 from being loose and eventually falling off, hence reading on the invention as claimed).
Regarding Claim 3, Nikko as modified above teaches wherein the connecting tube (12) comprises, at the second end of the connecting tube, a second insertion tube portion which is inserted into the interior of the main body connection port (see second insertion portion at bottom portion as illustrated at Fig. 4 which is inserted into 20, 21);
the second insertion tube portion comprises a second groove which extends along a full extent of an outside circumference thereof the second insertion tube portion so as to contain the second elastic body; and a distance between the second groove and a tip end of the second insertion tube portion is less than a distance between the second groove and a base end of the second insertion tube portion (see modification of location of the elastic body in claim 1 above, thus when the seal members 26, 24 are provided on the circumferential area as described above, one of ordinary skill in the art could easily recognize of disposing the seal members at full extent positions in the depressions 30, 20 which disposes the seal members 26, 24 toward a distal end side rather than a proximal end side of the communication member 12, in order to prevent the seal members 26, 24 from being loose and eventually falling off, hence reading on the invention as claimed).
Regarding Claim 12, Nikko as modified above teaches the claimed invention except for wherein a distance between the first groove and a tip end of the first insertion tube portion is less than a dimension in a tube axial direction of the first groove. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955). In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the claimed size, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 13, Nikko as modified above teaches the claimed invention except for wherein a distance between the second groove and a tip end of the second insertion tube portion is less than a dimension in a tube axial direction of the second groove. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955). In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the claimed size, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 19, Nikko teaches wherein the main body (2) comprises a main body contact (any of the contacting surface as illustrated at Figs. 2, 4);
the measurement gauge (10) comprises a measurement contact (any of the contacting surface as illustrated at Figs. 2, 4); and
when the measurement gauge (10) is installed with respect to the main body (2, see Fig. 2), the measurement contact is made to come in contact with the main body contact (see contacting regions of 10 to 2 at Fig. 2).
Even though Nikko teaches the measurement contact coming with contact with the main body as described above, Nikko does not explicitly teach the measurement contact being electrically connected to the main body contact. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to electrically connect the measurement contact and the main body contact, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). The modification allows for applications of various sensors/detectors to be electrically connected in secure and efficient manner while still communicating data between the two parts, which depends on the user’s desire application.
Regarding Claim 20, Nikko as modified in claim 19 above teaches wherein the measurement contact and the main body contact are arranged so as to be above the connecting tube when in a state in which the measurement gauge is installed with respect to the main body (see arrangement at Figs. 2, 4).
Insofar as Nikko may be construed as not explicitly teaching the measurement contact and the main body contact are arranged so as to be above the connecting tube, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the measurement contact and the main body contact so as to be above the connecting tube, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nikko in view of U.S. Patent No. 8,302,496 B2 to Furey et al. (hereinafter “Furey”).
Regarding Claim 11, Nikko as modified above teaches a measuring system (see Figs. 1 – 4) comprising:
the measuring device according to claim l (see rejection of claim 1 above).
Even though Nikko teaches the system as described above, Nikko is silent regarding a communication apparatus that is capable of communicating with the measuring device.
Furey, in the field of universal sensor fitting for process applications, teaches a communication apparatus that is capable of communicating with the measuring device (see Fig. 12 describing the universal fitting 10 with the sensor assembly which includes wires, cables or tether 110 that extends to a coupling element 115, see Col. 7, lines 46 – 61).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the communication apparatus of Furey into Nikko, in order to improve the measurement accuracy and obtain data efficiently.
Allowable Subject Matter
Claims 4 and 6 (including all dependent claims thereof due to claim dependency i.e., 5, 7 – 10, 14 – 18) 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. However, an updated search will again be made upon applicant’s response.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant art:
Satoh (U.S. 7,954,445 B2) teaches a pressure state indicator which indicated whether or not fluid is supplied to a fluid path. The device comprising pipe joint 10a includes a cylindrical joint main body 11 having a step, and a fluid path 12 for guiding compressed air is formed in the joint main body 11 so as to penetrate through the inside of the joint main body 11. A male screw 13 for use in attaching the pipe joint 10a to the control unit or the fluid pressure operated unit is provided on the proximal end portion of the joint main body 11, and the fluid pipe 15 is detachably connected to a connecting end portion 14 on the front end side. This fluid pipe 15 is formed of flexible material made of soft resin such as nylon and urethane, and when the fluid pipe 15 is connected to the connecting end portion 14, a fluid path 15a therein communicates with the fluid path 12 of the joint main body 11.
Bestic et al. (U.S. 11,781,894 B2) teaches fluid monitoring module arrangements comprising a first body member defining an inlet port, an upstream sensor port, and a first connecting port; a second body member defining an outlet port, a downstream sensor port, and a second connecting port; a flow restricting element defining a flow restricting passage and including a first end connection coupled to the first connecting port and a second end connection coupled to the second connecting port, such that the flow restricting passage is disposed between the inlet port and the outlet port, and between the upstream sensor port and the downstream sensor port; a first fluid sensor assembled with the upstream sensor port; and a second fluid sensor assembled with the downstream sensor port.
Murakami et al. (JP 2010240311 A) teaches a sensor module fixing device capable of attaching and detaching a sensor module with a single touch, and a biological component including the sensor module fixing device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARRIT EYASSU whose telephone number is (571)270-1403. The examiner can normally be reached M - F: 9:00AM - 6:00PM.
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/MARRIT EYASSU/Primary Examiner, Art Unit 2855
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