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 .
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 1, 16, and their related dependent claims 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.
Regarding the claimed, “having a higher thermal conductivity” in claims 1 and 16, it is unclear what gas is being referenced/being compared to. Because there is no reference point for which a comparison can be made, the claims are indefinite.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1–7, and 10–20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Udrea et al. (US Pub. # 20250044248), hereinafter referred to as Udrea.
Regarding claims 1 and 16, Udrea teaches, “A thermal conductivity sensor (claim 16: method) comprising: a first portion having at least one heating element (Fig. 12, ref. # 4 and 5); and a second portion having at least one sensing element (ref. # 20 and 18), wherein the first portion and the second portion are positioned such that the at least one heating element and the at least one sensing element are separated by a gas channel or gap between the first portion and the second portion that is configured to allow gas to pass through the gas channel or gap such that the gas passes between the at least one heating element and the at least one sensing element (4 and 20 separated via 6’s; see para. [0101, 0103]); and wherein the at least one sensing element (18) is configured to measure a change in temperature of the gas to detect a presence of the gas having a higher thermal conductivity (abstract).”
Regarding claims 2 and 17, Udrea teaches, “wherein the first portion and the second portion of the thermal conductivity sensor are arranged in a plurality of orientations, wherein the plurality of orientations comprise at least one of a vertical orientation and a horizontal orientation (Fig. 12, 14; ref. # 5 and 18; see also para. [0188]).”
Regarding claims 3 and 18, Udrea teaches, “wherein in the vertical orientation, the at least one heating element is positioned over or under the at least one sensing element and separated via the gas channel such that the gas passes around the at least one heating element and the at least one sensing element (Fig. 14, ref. # 5 and 18, gas channel 6 surrounds them; see para. [0127–0130]).”
Regarding claims 4 and 19, Udrea teaches, “wherein in the horizontal orientation, the at least one heating element is positioned beside the at least one sensing element and the at least one heating element and the at least one sensing element are positioned on respective elevated structures separated via the gap such that the gas passes around the at least one heating element and the at least one sensing element (Fig. 12, ref. # 5 on 4 and 18 on 20, separated by 6 where gas passes).”
Regarding claims 5 and 20, Udrea teaches, “wherein the at least one sensing element (18) is configured to measure the change in temperature of the gas to monitor heat transfer within the gas around the thermal conductivity sensor (see also [0002, 0030, 0047, 0115, 0124–0128, 0188]).”
Regarding claim 6, Udrea teaches, “wherein a change in the heat transfer within the gas around the thermal conductivity sensor corresponds to a change in a thermal property of the gas (18 measuring temperature over time performs these functional limitations).”
Regarding claim 7, Udrea teaches, “wherein in the vertical orientation, the first portion corresponds to a top cap and the second portion corresponds to a base (see para. [0127–0129]).”
Regarding claim 10, Udrea teaches, “wherein the top cap comprises a set of vents, wherein the set of vents are configured to allow diffusion of the gas into and through the gas channel (4 w/ 6’s; see Fig. 14).”
Regarding claim 11, Udrea teaches, “wherein the top cap and the base are made from one or more materials comprising at least one of silicon, glass, or plastic (see para. [0021–0025]).”
Regarding claim 12, Udrea teaches, “an ambient temperature sensing element configured to measure the temperature of the gas passing through the gas channel in a real time (see para. [0128]).”
Regarding claim 13, Udrea teaches, “wherein the at least one sensing element comprises at least one of a resistor, a diode, or a thermopile (ref. # 18; para. [0124]).”
Regarding claim 14, Udrea teaches, “wherein the at least one heating element is made from a group of materials, wherein the group of materials comprise at least one of an Iron-Nickel (NiFe)/Permalloy, Platinum (Pt), Chromium (Cr), doped Silicon (Si) or Polysilicon, Nichrome (NiCr), Nickel (Ni), Platinum Silicide (PtSi) and other metal silicides, Tungsten (W), Titanium Nitride (TiN), Aluminum Nitride (AlN), Tungsten Nitride (WN), or any combination thereof (ref # 5; see para. [0048, 0100]).”
Regarding claim 15, Udrea teaches, “wherein the at least one sensing element is made from a group of materials, wherein the group of materials comprise at least one of an NiFe/Permalloy, Pt, Cr, doped Si or polysilicon, NiCr, Ni, PtSi and other metal silicides, W, TiN, AlN, WN, or any combination thereof (ref. # 18; see para. [0124]).”
Claim Rejections - 35 USC § 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 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) 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Udrea (US Pub. # 20250044248) in view of Beck et al. (US Pat. # 11262224), hereinafter referred to as Beck.
Regarding claims 8 and 9, Udrea does not appear to teach, “wherein each end of the top cap is coupled with a corresponding end of the base via an adhesive such that the gas channel is provided between the top cap and the base; wherein the adhesive comprises at least one of a frit bond, an anodic bond, an epoxy adhesive, and a eutectic bond.” However, Beck teaches the deficiencies of Udrea (see Fig. 1A, ref. # 105/107 and 111/113; col. 9, ln. 1–52). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Udrea’s invention to include wherein each end of the top cap is coupled with a corresponding end of the base via an adhesive such that the gas channel is provided between the top cap and the base; wherein the adhesive comprises at least one of a frit bond, an anodic bond, an epoxy adhesive, and a eutectic bond.
The ordinary artisan would have been motivated to modify Udrea’s invention for at least the purpose of ensuring proper sealing and connection between the layers, providing a thermally efficient flow path using well-known bonding techniques in the art of measuring and testing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO–892 form. The references cited herewith teach thermal conductivity sensors with configurations similar to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D WALSH whose telephone number is (571)272-2726. The examiner can normally be reached M-F, 8:30am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN D WALSH/Primary Examiner, Art Unit 2852
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