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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102/103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claim(s) 1-4, 6-8, 11, 13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over DE 102006033638 to Kern.
Regarding Claim 1, Kern discloses a pressure sensor for detecting the pressure of a medium (Figs. 1-3, pressure measuring device 1; ¶¶ [0015]-[0031]), the pressure sensor elongating along a longitudinal axis (Figs. 1-3, axis 11 of pressure measuring glow plug 1; ¶¶ [0015]-[0031]) and comprising: a housing that defines a housing interior (Figs. 1-3, housing 3 with tubular first housing part 26 and second housing part 27; ¶¶ [0015]-[0031]); a measuring element disposed in the housing interior (Figs. 1-3, housing 3 with piezoelectric pressure sensor 15; ¶¶ [0015]-[0031]); a plunger unit disposed in the housing interior and including a proximal plunger end and a distal plunger end spaced apart along the longitudinal axis from the proximal plunger end (Figs. 1-3, glow plug 2 with support tube 8 and force transmission sleeve 19; ¶¶ [0015]-[0031]), wherein the proximal plunger end has a disposition near the measuring element, wherein the proximal plunger end is configured to transmit from the measuring element a signal indicative of a pressure of a medium prevailing outside the housing and detected by the measuring element (Figs. 1-3, pressure sensor 15 on glow plug 2, support tube 8 and force transmission sleeve 19; ¶¶ [0015]-[0031]), wherein the distal plunger end protrudes from the housing and is disposed farther from the measuring element than the disposition of the proximal plunger end (Figs. 1-3, pressure prevailing in combustion chamber acts on an end face 9 of glow plug 2; ¶¶ [0015]-[0031]); a sleeve fastened to the housing and spaced apart from the distal plunger end by a gap (Figs. 1-3, tubular first housing part 26 with support tube 8 of glow plug 2 separated by annular gap; ¶¶ [0015]-[0031]); and a sealing element configured and disposed to apply a sealing pressure sufficient to seal the gap to prevent passage of the medium into the housing interior (Figs. 1-3, sealing element 28 in annular gap between tubular first housing part 26 and support tube 8 of glow plug 2; ¶¶ [0015]-[0031]).
Regarding Claim 2, Kern discloses the sealing element is toroidal in shape and consists of elastically sealing material (Figs. 1-3, sealing element 28 designed in O-ring shape; ¶¶ [0015]-[0031]).
Regarding Claim 3, Kern discloses the sealing element defines a toroidal sealing body that defines a torus opening; wherein the distal plunger end protrudes through the torus opening (Figs. 1-3, support tube 8 of glow plug 2 extending through sealing element 28 designed in O-ring shape; ¶¶ [0015]-[0031]).
Regarding Claim 4, Kern discloses the sleeve and the housing form a groove on a radially inner side of the sleeve with respect to the longitudinal axis; and wherein the sealing element is disposed in the groove (Figs. 1-3, sealing element 28 in annular gap 37, 38 between tubular first housing part 26 and support tube 8 of glow plug 2; ¶¶ [0015]-[0031]).
Regarding Claim 6, Kern discloses the housing-defines a distal housing end and a proximal housing end, which distal housing end is arranged along the longitudinal axis further away from the measuring element than the proximal housing end (Figs. 1-3, housing 3 with distal end of second housing part 27 at tubular first housing part 26 further from pressure sensor 15; ¶¶ [0015]-[0031]); wherein the sleeve defines a distal sleeve end and a proximal sleeve end, which distal sleeve end is arranged along the longitudinal axis further away from the measuring element than the proximal sleeve end (Figs. 1-3, tubular first housing part 26 distal end further from pressure sensor 15; ¶¶ [0015]-[0031]); and wherein the groove is arranged in the region of the distal housing end and the proximal sleeve end (Figs. 1-3, tubular first housing part 26 with support tube 8 of glow plug 2 separated by annular gap; ¶¶ [0015]-[0031]).
Regarding Claim 7, Kern discloses the groove-includes a groove wall defined in the proximal sleeve end and a groove wall defined in the distal housing end (Figs. 1-3, tubular first housing part 26 with walls at circumferential weld seam 34 to second housing part 27; ¶¶ [0015]-[0031]).
Regarding Claim 8, Kern discloses the shape of the groove in a cross section cut along the longitudinal axis is rectangular or triangular or trapezoidal or round or semicircular (Figs. 1-3, annular gap with rectangular cross-section; ¶¶ [0015]-[0031]).
Regarding Claim 9, Kern discloses the plunger unit includes a pre-load sleeve and a pre-load body (Figs. 1-3, top of glow plug 2 support tube 8 adjacent force transmission sleeve 19, pressure sensor 15 and fixing element 18; ¶¶ [0015]-[0031]); wherein the proximal plunger end merges into the pre-load sleeve (Figs. 1-3, top of glow plug 2 support tube 8 adjacent force transmission sleeve 19 and pressure sensor 15; ¶¶ [0015]-[0031]); wherein the pre-load sleeve encloses a pre-load sleeve chamber, in which pre-load sleeve chamber the measuring element is arranged (Figs. 1-3, pressure sensor 15 sleeve; ¶¶ [0015]-[0031]); wherein an end of the pre-load sleeve facing away from the proximal plunger end is fastened to the pre-load body (Figs. 1-3, pressure sensor 15 sleeve and fixing element 18; ¶¶ [0015]-[0031]); and wherein the measuring element is arranged on the longitudinal axis between the proximal plunger end and the pre-load body under a mechanical pre-load (Figs. 1-3, top of glow plug 2 support tube 8 adjacent force transmission sleeve 19, pressure sensor 15 and fixing element 18; ¶¶ [0015]-[0031]).
Regarding Claims 11-13 and 15, the method of the claims appears to be met by the construction of the device of claims 1, 4, 6-7 and 9.
Claim(s) 5, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kern as applied to claim 4 above, and further in view of US 4843454 to Kato.
Regarding Claim 5, Kern discloses the groove comprises a plurality of groove walls that exert a compression on the sealing element disposed in the groove; and wherein the pressure in the gap acts on the sealing element as a compression (Figs. 1-3, sealing element 28 in annular gap 37, 38 between tubular first housing part 26 and support tube 8 of glow plug 2; ¶¶ [0015]-[0031]).
However, Kern does not explicitly disclose a pre-compression on the sealing element disposed in the groove, which pre-compression and which compression form the sealing pressure. Kato discloses a pre-compression on the sealing element disposed in the groove, which pre-compression and which compression form the sealing pressure (Figs. 1-4, tubular metal collar 50 located in recess portion 11 around base 40 and urged at upper end to press base 40 so as to compress O-ring 60 and back-up ring 61 by caulking (i.e. squeeze-forming); Col. 1, line 60 – Col. 2, line 20). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Kern by providing a pre-compression on the sealing element disposed in the groove, which pre-compression and which compression form the sealing pressure as in Kato in order to provide for a more secure seal.
Regarding Claim 14, the method of the claim appears to be met by the construction of the device of claim 5.
Regarding Claim 16, Kern discloses the pressure sensor according to claim 2, and further discloses the elastically sealing material of the sealing element is an elastomer (¶ [0006]) However, Kern is silent regarding the elastically sealing material of the sealing element is a fluoroelastomer, a perfluoroelastomer, a rubber or an acrylonitrile-butadiene rubber. Kato discloses the elastically sealing material of the sealing element is a fluoroelastomer, a perfluoroelastomer, a rubber or an acrylonitrile-butadiene rubber (Figs. 1-4, rubber O-ring 60; Col. 1, line 60 – Col. 2, line 20). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Kern by providing the elastically sealing material of the sealing element is a fluoroelastomer, a perfluoroelastomer, a rubber or an acrylonitrile-butadiene rubber as in Kato in order to provide for a well-known alternate material for an elastomeric seal. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)."
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kern as applied to claim 1 above, and further in view of US 20220099511 to Pfluger.
Regarding Claim 10, Kern discloses the pressure sensor according to claim 1, and further discloses the housing is configured to be fastened in a bore of a wall of a pressure chamber (¶¶ [0016]-[0017]). However, Kern is silent regarding a chamber in which the pressure of the medium is in the range from 50 bar to 5000 bar. Pfluger discloses a chamber in which the pressure of the medium is in the range from 50 bar to 5000 bar (¶ [0003]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Kern by providing a chamber in which the pressure of the medium is in the range from 50 bar to 5000 bar as in Pfluger in order to provide for a well-known pressure range within internal combustion engines. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)."
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BOLDUC whose telephone number is (571)270-1602. The examiner can normally be reached M-F, 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay, Jr. can be reached at (571) 272-1672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J BOLDUC/Primary Examiner, Art Unit 2852
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