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 .
Election/Restrictions
Applicant’s election without traverse of Species III in the reply filed on May 15, 2026, is acknowledged. Claims 6-7, 10-12, and 15-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.
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 8 and 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: a first protective cover that surrounds a side surface of the light source or the light receiver, wherein the optical filter is installed in an opening of an upper surface of the first protective cover.
Claims 8 and 13-14 recite a second protective cover. However, a first protective cover is not recited in the claims. Since one cannot have a second without a first, the claims omit essential elements, thereby making the claim rejected for being incomplete. The rejection of claim 8 may be overcome by changing the dependency of claim 8 from claim 1 to claim 4. The rejection of claims 13-14 may be overcome by including all the claim recitations of claim 4 into claims 13 and 14. For purposes of examination, the claims have been treated as such with the proposed amendments.
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.
Claim(s) 1-4 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watabe et al. (US 2015/0369668; hereinafter Watabe).
Regarding claim 1, Watabe discloses an optical gas sensor device (figs. 16-20 and 49) that includes: a light source (10) that emits infrared rays to a gas as a detection target (fig. 49; par. 376); an optical filter (19w, 29w, or 30) that transmits the infrared rays (figs. 16-20 and 49; pars. 216-242 and 396-401); a light receiver (DE) that detects infrared rays incident via the optical filter and generates a detection signal (fig. 19a; par. 252); and a first substrate (figs. 19a and 49; 19a or 29a), the optical gas sensor device comprising a seal (19, 29, or 43) in which the optical filter (19w, 29w, or 30) is installed and which seals the light source (10; fig. 49) or the light receiver (fig. 19a), wherein the seal is mounted on the first substrate (figs. 19a and 49).
Regarding claim 2, Watabe discloses wherein the optical filter is at least one of an AR filter that prevents reflection of the infrared rays and transmits the infrared rays, or a λ selection filter that transmits infrared rays of a wavelength corresponding to an absorption wavelength of the gas as the detection target (par. 216).
Regarding claim 3, Watabe discloses wherein the seal seals an electrical connector of the light source or the light receiver (fig. 19a).
Regarding claim 4, Watabe discloses wherein the seal includes a first protective cover that surrounds a side surface of the light source or the light receiver, and the optical filter is installed in an opening of an upper surface of the first protective cover (fig. 19a).
Regarding claim 8, Watabe discloses wherein the seal includes a second protective cover (fig. 19a:43) that surrounds a side surface and a bottom surface of the light source or the light receiver, and the optical filter (30) is installed in an opening of an upper surface of the second protective cover.
Claim(s) 1-4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arndt et al. (DE 10319186; hereinafter Arndt).
Regarding claim 1, Arndt discloses an optical gas sensor device (figs. 4-5 and 8; pars. 21-22 and 31-32) that includes: a light source that emits infrared rays (2) to a gas as a detection target (title); an optical filter (6 or 13) that transmits the infrared rays; a light receiver (10) that detects infrared rays incident via the optical filter and generates a detection signal; and a first substrate (45), the optical gas sensor device comprising a seal (43) in which the optical filter is installed and which seals the light source or the light receiver, wherein the seal is mounted on the first substrate (figs. 4-5 and 8; pars. 21-22 and 31-32).
Regarding claim 2, Arndt discloses wherein the optical filter is at least one of an AR filter that prevents reflection of the infrared rays and transmits the infrared rays, or a λ selection filter that transmits infrared rays of a wavelength corresponding to an absorption wavelength of the gas as the detection target (par. 28).
Regarding claim 3, Arndt discloses wherein the seal seals an electrical connector of the light source or the light receiver (figs. 4-5).
Regarding claim 4, Arndt discloses wherein the seal includes a first protective cover that surrounds a side surface of the light source or the light receiver, and the optical filter is installed in an opening of an upper surface of the first protective cover (figs. 4-5).
Regarding claim 9, Arndt discloses an optical cover that guides the infrared rays emitted from the light source to the light receiver via the gas as the detection target, wherein the optical cover is mounted on the first substrate (fig. 5).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watabe as applied to claim 4 above, and further in view of Chiu et al. (US 11491510; hereinafter Chiu).
Watabe discloses claim 4. Watabe further discloses wherein the first protective cover includes a space of the light source or the light receiver (figs. 19a and 49).
However, Watabe fails to disclose a vent leading to a space, and the vent is blocked with an adhesive.
Chiu teaches a vent leading to a space, and the vent is blocked with an adhesive (fig. 9; col. 7:42-56 and 16:36-17:17).
It would have been obvious, to one having ordinary skill in the art before the effective filing date of the invention, to modify Watabe with the teaching of Chiu, since one would have been motivated to make such a modification for pressure uniformity (Chiu: title).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watabe in view of Yoshida (US 2008/0062426).
Watabe discloses a manufacturing method of an optical gas sensor device (figs. 16-20 and 49) that includes: a light source (10) that emits infrared rays to a gas as a detection target (fig. 49; par. 376); an optical filter (19w, 29w, or 30) that transmits the infrared rays (figs. 16-20 and 49; pars. 216-242 and 396-401); a light receiver (DE) that detects infrared rays incident via the optical filter and generates a detection signal (fig. 19a; par. 252); and a first substrate (figs. 19a and 49; 19a or 29a), the method comprising: first mounting that is mounting the light source or the light receiver on a second protective cover (fig. 19a:43) that surrounds a side surface and a bottom surface of the light source or the light receiver (22/23); creating that is installing the optical filter (30) into the second protective cover (43) to create a seal that seals the light source or the light receiver (fig. 19a); and second mounting that is mounting the seal (43) on the first substrate (29a), wherein in the creating, the optical filter is installed into the second protective cover in space (fig. 19a).
However, Watabe fails to disclose wherein air decompression is performed with decompressed air in the space.
Yoshida teaches wherein air decompression is performed (par. 69) with decompressed air in the space (144).
It would have been obvious, to one having ordinary skill in the art before the effective filing date of the invention, to modify Watabe with the teaching of Yoshida, since one would have been motivated to make such a modification for reducing variations (Yoshida: par. 68).
Allowable Subject Matter
Claim 14 would be allowable if rewritten or amended, as proposed above, to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter.
Regarding claim 14, Watabe discloses a manufacturing method of an optical gas sensor device (figs. 16-20 and 49) that includes: a light source (10) that emits infrared rays to a gas as a detection target (fig. 49; par. 376); an optical filter (19w, 29w, or 30) that transmits the infrared rays (figs. 16-20 and 49; pars. 216-242 and 396-401); a light receiver (DE) that detects infrared rays incident via the optical filter and generates a detection signal (fig. 19a; par. 252); and a first substrate (figs. 19a and 49; 19a or 29a), the method comprising: first mounting that is mounting the light source or the light receiver on a second protective cover (fig. 19a:43) that surrounds a side surface and a bottom surface of the light source or the light receiver (22/23); creating that is installing the optical filter (30) into the second protective cover (43) to create a seal that seals the light source or the light receiver (fig. 19a); and second mounting that is mounting the seal (43) on the first substrate (29a), wherein in the creating, the optical filter is installed into the second protective cover (fig. 19a), wherein the seal includes a first protective cover that surrounds a side surface of the light source or the light receiver, and the optical filter is installed in an opening of an upper surface of the first protective cover (fig. 19a).
However, the prior art fails to disclose or fairly suggest a manufacturing method of an optical gas sensor device that includes: a light source that emits infrared rays to a gas as a detection target; an optical filter that transmits the infrared rays; a light receiver that detects infrared rays incident via the optical filter and generates a detection signal; and a first substrate, the method including: wherein in the creating, the optical filter is installed into the second protective cover at 100*C or higher, in combination with all of the other limitations in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Chih-Cheng Kao whose telephone number is (571)272-2492. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at (571) 272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Chih-Cheng Kao/Primary Examiner, Art Unit 2884
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