DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restriction
Claims 16 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/31/26.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “230” shown in figure 2; and “340” shown in figure 3. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the use of a liquid for calibrating purposes, as stated in claim 11, must be shown or the feature(s) canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to because of the following informalities:
The specification does not include reference characters “230” shown in figure 2, and “340” shown in figure 3.
Appropriate correction is required.
Claim Objections
Claims 1 and 9 are objected to because of the following informalities:
In claim 1, “and” should be deleted from line 3.
In claim 9, “,” should be deleted from line 5.
Appropriate correction is required.
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.
Claims 11-15 are 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.
In claim 11, it is not clear how the method of base claim 1 can further comprise immersing the temperature measurement unit into a liquid, as recited in the claim (base claim 1 claims an embodiment as shown in figures 1-4, which does not involve immersing the temperature measurement unit into a liquid). Due to the lack of clarity, claim 11 is not being further treated on the merits with respect to prior art.
In claim 12, it is not clear what the contact sensor and the reference sensor are mounted to, as stated by “respectively mounted” in line 5.
In claim 15, it is not clear how the measurement ratio can be determined upfront of the steps of the method (in base claim 1) because the steps of the method must be performed first in order to arrive at the measurement ratio.
Claims 13 and 14 are rejected for being dependent on a rejected base claim.
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.
Claims 1, 5, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE202010013086U1 to Labom (see the translation in the IDS dated 6/21/24).
Referring to claim 1, Labom discloses (figure 2; paragraphs 3, 4, 7-9, 35, 36, 45-48, 51, 54, 55, 63) a method for calibrating a surface temperature sensing system, wherein the surface temperature sensing system is configured for determining a surface temperature of a measuring object (pipe) (paragraph 7); wherein the surface temperature sensing system comprises a first surface adapter (sleeve) (paragraph 46) and a temperature measurement unit (2); and wherein the surface temperature sensing system is configured to be mounted at the measuring object (pipe) utilizing the first surface adapter (sleeve) (paragraph 46), the method comprising:
thermally coupling the temperature measurement unit (2) to a surface of a calibration object (4) utilizing a second surface adapter (23) (figure 2);
determining a temperature of the surface of the calibration object (4) utilizing the temperature measurement unit (paragraph 51); and
determining a calibration value based on a comparison of the determined temperature of
the surface of the calibration object (4) with a calibration temperature of the surface of the calibration object (using 16) for calibrating the surface temperature sensing system.
Referring to claim 5, Labom discloses that the calibration object (4) is a bulky calibration element and/or a calibration vessel wall (figure 2).
Referring to claim 8, Labom discloses the surface temperature sensing system being configured for non-destructive detachable assembly and/or disassembly of the temperature measurement unit (2) to/from the first surface adapter (sleeve) (paragraph 46).
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Labom in view of U.S. Patent Application Publication 2023/0030690 to Gebhardt et al [hereinafter Gebhardt].
Referring to claim 12, Labom discloses a method having all of the limitations of claim 12, as stated above with respect to claim 1, except for the temperature measurement unit comprising a contact sensor and a reference sensor, wherein the temperature measurement unit is configured such that the contact sensor is thermally coupled closer to the surface of the measurement object and/or closer to the surface of the calibration object than the reference sensor, when respectively mounted; and the temperature of the calibration object is determined based on a temperature value determined using the contact sensor and a temperature value using the reference sensor.
However, Gebhardt discloses (figure 2; paragraphs 6, 8, 9, 22-26, 117, 123) a temperature measurement unit comprising a contact sensor (103) and a reference sensor (113), wherein the contact sensor (103) is thermally coupled closer to a surface of a measurement object (210) than the reference sensor (113) when respectively mounted, and the temperature of the measurement object (210) is determined based on a temperature value determined using the contact sensor (103) and a temperature value using the reference sensor (113) in order to obtain an improved temperature measurement (paragraphs 6, 117).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature measurement unit of Labom by using a temperature measurement unit comprising a contact sensor and a reference sensor, wherein the temperature measurement unit is configured such that the contact sensor is thermally coupled closer to the surface of the measurement object than the reference sensor when respectively mounted, as suggested by Gebhardt, in order to obtain an improved temperature measurement. Furthermore, in Labom in view of Gebhardt stated above, the temperature of the calibration object will be determined based on a temperature value determined using the contact sensor and a temperature value using the reference sensor.
Allowable Subject Matter
Claims 2-4, 6, 7, 9, 10, and 13-15 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the objections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A method for calibrating a surface temperature sensing system, wherein a thermal state
of a contact of the temperature measurement unit with the surface of the calibration object
corresponds to a thermal state of a contact of the temperature measurement unit with the surface
of the measuring object (claim 2); wherein the second surface adapter is configured to mechanically and/or thermally match the first surface adapter (claim 6); wherein the second surface adapter is identical to the first surface adapter (claim 7); wherein the calibration contact pressure corresponds to a measurement contact pressure of the temperature measurement unit with the surface of the measuring object, when mounted to the measuring object utilizing the first surface adapter (claim 9); wherein a surface temperature of the calibration object corresponds to a surface temperature of the measurement object and/or a calibration environment temperature corresponds to a measurement environment temperature and/or an insulation of the calibration object corresponds to an insulation of the measurement object (claim 10); and wherein the calibration value comprises a calibration ratio of the temperature value generated by the reference sensor and the temperature value generated by the contact sensor (claim 11).
Conclusion
All of the references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by disclosing a surface temperature sensor system, but do not disclose the allowable subject matter stated above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
8/28/26
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