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 .
Information Disclosure Statement
It is noted that an information disclosure statement (IDS) was not included in the electronic file wrapper of the instant application. Applicant is reminded of the duty to disclose information material to patentability as defined by 37 C.F.R. 1.56 (also see MPEP 2001).
Claim Objection
Claims 1, 4, 10, 14-15, and 18-20 are objected to because of the following informalities:
Claim 1: please amend “the internal actuator portion the internal actuator portion comprising” to -- the internal actuator portion, the internal actuator portion comprising--.
Claim 4: please amend “the plurality of sidewalls” to -- the plurality of sidewalls.--.
Claim 10: please amend “without inhibiting rotation of the internal sensor portion; and” -- without inhibiting rotation of the internal sensor portion; [[and]] --.
Claim 14: please amend “the legs” in line 3 to -- the plurality of legs--.
Claim 15: please amend “the tabs” in line 3 to – the pair of tabs--.
Claim 18: please amend “the internal actuator portion” in line 3 to -- the internal actuator portion.--.
Claim 19: please amend “a remote system” in line 4 to – [[a]] the remote system--.
Claim 20: please amend “the state of the sensor structure” to – [[the]] a state of the sensor structure--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 1, “the internal actuator portion configured to surround and engage a portion of the sensor structure to rotationally couple the sensing element to the internal actuator portion”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: the internal actuator portion (uses the generic placeholder), prong 2: configured to surround and engage a portion of the sensor structure to rotationally couple the sensing element to the internal actuator portion (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 1 invokes 112(f). The corresponding structure for performing the functions is described in paragraph 0182 of the instant specification: “ the rotatable internal portion 3430 of the actuator mechanism 3400 includes a first receiving space defined by a lower sidewall 3440 which is dimensioned to accept the lever 3370 and abut the sidewalls of the lever. Rotation of the rotatable internal portion 3430 of the actuator mechanism 3400 causes the lower sidewall 3340 to exert a torque on the lever 3370 to cause rotation of the sensor drum 3320”.
Claims 1, “a rotary actuation mechanism configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of sensing element relative to the sensor housing to thereby selectively place the sensing element of the sensor structure in fluid communication with one of the inline flow chamber and the storage compartment”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: a rotary actuation mechanism (uses the generic placeholder), prong 2: configured to rotate the internal actuator portion … (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 1 invokes 112(f). The corresponding structure for performing the functions is described in the specification such as “the angular position of the rotatable internal portion of the actuator mechanism 3400 may be controlled via a stepper motor, servomoter, or any other another suitable rotary actuator mechanism 3460” [para. 0182].
Claims 10, “the internal actuator portion configured to engage the internal sensor portion of the sensor structure to rotationally couple the internal sensor portion to the internal actuator portion”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: the internal actuator portion (uses the generic placeholder), prong 2: configured to engage the internal sensor … (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 10 invokes 112(f). The corresponding structure for performing the functions is described in [para. 0182] of the specification such as: “the rotatable internal portion 3430 of the actuator mechanism 3400 includes a first receiving space defined by a lower sidewall 3440 which is dimensioned to accept the lever 3370 and abut the sidewalls of the lever. Rotation of the rotatable internal portion 3430 of the actuator mechanism 3400 causes the lower sidewall 3340 to exert a torque on the lever 3370 to cause rotation of the sensor drum 3320”.
Claims 10, “a rotary actuation mechanism configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of the internal sensor portion relative to the sensor housing”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: a rotary actuation mechanism (uses the generic placeholder), prong 2: configured to rotate the internal actuator portion … (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 10 invokes 112(f). The corresponding structure for performing the functions is described in the specification such as “the angular position of the rotatable internal portion of the actuator mechanism 3400 may be controlled via a stepper motor, servomoter, or any other another suitable rotary actuator mechanism 3460” [para. 0182].
Claims 17, “A actuator mechanism configured to control the position of a rotatable portion of a sensor structure”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: A actuator mechanism (uses the generic placeholder), prong 2: configured to control the position of … (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 17 invokes 112(f). The corresponding structure for performing the functions is described in [para. 0165] of the specification such as: “Also shown in FIG. 18 is an actuator mechanism 3400 which can engage a portion of the sensor structure 3300, and can be actuated to change the position of the rotatable sensor drum 3320 within the sensor housing 3302. In particular, the actuator mechanism 3400 may include an rotatable internal portion (not shown in FIG. 18) which can engage a portion of the lever 3370 of sensor structure 3300 and is rotatable relative to the actuator housing 3402. The angular position of the rotatable internal portion of the actuator mechanism 3400 may be controlled via a stepper motor, servomoter, or any other another suitable rotary actuator mechanism 3460”.
Claims 17, “the internal actuator portion configured to engage the rotatable portion of the sensor structure to rotationally couple the rotatable portion of the sensor structure to the internal actuator portion”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: the internal actuator portion (uses the generic placeholder), prong 2: configured to engage the rotatable portion of the sensor structure … (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 17 invokes 112(f). The corresponding structure for performing the functions is described in [para. 0182] of the specification such as “the angular position of the rotatable internal portion of the actuator mechanism 3400 may be controlled via a stepper motor, servomoter, or any other another suitable rotary actuator mechanism 3460, and gearing may be included between the rotary actuator mechanism 3460 and the rotatable internal portion 3430”.
Claims 17, “a rotary actuation mechanism configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of the internal sensor portion relative to the sensor housing”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: a rotary actuation mechanism (uses the generic placeholder), prong 2: configured to rotate the internal actuator portion … (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 17 invokes 112(f). The corresponding structure for performing the functions is described in the specification such as “the angular position of the rotatable internal portion of the actuator mechanism 3400 may be controlled via a stepper motor, servomoter, or any other another suitable rotary actuator mechanism 3460” [para. 0182].
Claims 19, “a connector configured to at least one of: receive control signals from a remote system; and transmit status signals to a remote system”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: a connector (uses the generic placeholder), prong 2: configured to at least one of: receive control signals from a remote system; and transmit status signals to a remote system (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 19 invokes 112(f). The corresponding structure for performing the functions is described in the specification such as “the connector 2390 may include a robust memory chip capable of withstanding gamma radiation, which can be utilized in conjunction with a connected external instrument or other connected instrumentation, to provide smart probe functionality to the sensor structure 2300” [para. 0150].
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 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 claim 8, claim 8 recites “the mounting base”, which lacks antecedent basis. It is unclear if claim 8 depends on claim 1 or claim 7 since claim 7 provides antecedent basis for the mounting base. Therefore, the scope of claim 8 is indefinite.
Regarding claim 16, claim 16 recites “the tab” in line 4, which is unclear which tab is referring to since claim 15 recites a pair of tabs. Therefore, the scope of claim 16 is indefinite.
Regarding claim 17, claim 17 recites ”the sensor housing” in line 2 on page 6, which lacks antecedent basis. Therefore, the scope of claim 17 is indefinite. Claims 18-20 are further rejected by virtue of their dependence upon and because they fail to cure the deficiencies of indefinite claim 17.
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 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.
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.
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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Garrahy et al. (WO2019060776A1) in view of Terry (US5076321A).
Regarding claims 1, Garrahy teaches a sensor assembly (a sensor assembly 2200 in Figs.16A-16C [para. 0121]), comprising:
a sensor structure (sensor structure 2200 in Figs. 16A-16C), comprising:
a sensor housing (a sensor housing 2202 in Fig.16A [para. 0121]);
an inline flow chamber (an inline flow-cell chamber 2210 [para. 0121]) configured to allow a process medium to flow therethrough ( the inlet 2212 and the outlet 2214 are in fluid communication with one another via the inline flow-cell chamber 2210 [para. 0121]);
a storage compartment (a storage and/or calibration chamber 2240 in Fig.16B [para. 0127]) configured to retain a storage medium therein (a storage and/or calibration chamber 2240 retains a storage medium 2242 [paras. 0127, 0130]);
a sensing element (sensor 2232 in Fig.16B [para. 0128]) retained at least partially within the sensor housing (see Fig.16B), the sensing element comprising a sensing surface (a flat sensing surface 2320 in Fig.16B [para. 0128]), and rotatable around a rotational axis relative to the sensor housing to selectively place the sensing element in fluid communication with one of the inline flow chamber and the storage compartment (Fig.16B shows the sensor structure 2200 in a first configuration, where the sensor drum 2220 is in a first position [para. 0127]; In Fig.16C, the sensor drum has been rotated to expose the flat sensing surface 2320 to the inline flow-cell chamber 2210 in a second configuration of the sensor structure [para. 0130]; Rotation of the sensor drum 2220 from the first position to the second position may include moving the lever 2270 from a first position to a second position [para. 0131]; thus the sensing element is rotatable around a rotational axis of the rotatable sensor drum 2220. Because the portions of the sensor drum retained within the sensor housing 2204 are rotationally symmetric, the sensor drum 2220 can be rotated within the sensor housing 2202 [para. 0123]. Thus, the rotational axis is the axis of the cylindrical housing 2202); and
a connector (connector 2290 in Figs. 16A-16C [para. 0122]) extending in a direction parallel to the rotational axis of the sensing element (see Figs. 16A-16c) and axially offset from the rotational axis of the sensing element ( the connector 2290 is offset from an axis of rotation of the rotatable sensor drum 2220 [para. 0122]).
Garrahy further teaches rotation of the sensor drum from the first position to the second position by rotating the lever 2270 from a first position to a second position [para. 0131].
Garrahy is silent to: an actuator mechanism comprising: an actuator housing; an internal actuator portion rotatable with respect to the sensor housing, the internal actuator portion configured to surround and engage a portion of the sensor structure to rotationally couple the sensing element to the internal actuator portion, the internal actuator portion comprises an axially offset aperture dimensioned to allow the connector to pass therethrough during rotation of the sensing element without inhibiting rotation of the sensing element; and a rotary actuation mechanism configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of the sensing element relative to the sensor housing to thereby selectively place the sensing element of the sensor structure in fluid communication with one of the inline flow chamber and the storage compartment.
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Terry teaches an actuator mechanism (a motorized driving arrangement for rotating the selector valve 30 to one of the three desired position [Col.10, Ln 48-50]) comprising:
an actuator housing (a metal or molded plastic outer cover 90 in Figs. 1-2 [Col. 11, Ln 23-26]);
an internal actuator portion (see annotated Fig.1 in Terry; the internal actuator portion comprising an actuator shaft 32 in Figs. 1-2 [Col. 10, Ln 48-53]) rotatable with respect to the sensor housing (an upper portion of the housing 25 which houses the selector valve 30 [Col. 8, Ln 6-7; Fig.17]; a cylindrical valve chamber 38 is cast within the housing 25 [Col. 8, Ln 42-43]; the aperture 58 in the housing 25 accommodates the three position selector valve 30 [Col. 9, Ln 21-24]; an optoelectronic device 102 in Fig.2 is provided as means for sensing when the motor 74 and the actuator shaft 32 has rotated the selector valve 30 to a selected one of the three flow positions [Col. 11, Ln 46-49]; as the motor driven actuator shaft rotates the selector valve, said shaft also rotates a sensor drum in synchronism with the rotation of the selector valve [Col.4, Ln 23-25]. Since the actuator mechanism is for rotating the selector valve 30 to different positions, the selector valve 30 and the upper portion of the housing 25 that houses the selector valve 30 correspond, respectively, the claimed sensing element and sensor housing), the internal actuator portion configured to surround and engage a portion of the sensor structure to rotationally couple the sensing element to the internal actuator portion (As shown in the annotated Fig.1 of Terry, the internal actuator portion configured to surround and engage a portion of the sensor structure disposed in the rotatable sensor drum 76 that is mounted on the shaft 32 [Col. 10, Ln48-53] to rotationally couple the sensing element to the internal actuator portion [the selector valve 30 is rotatable within said cylindrical aperture in response to impetus provided by motorized rotation of the valve actuator shaft 32, Col. 9, Ln 61-65]), the internal actuator portion comprises an axially offset aperture dimensioned to allow a connector to pass therethrough during rotation of the sensing element without inhibiting rotation of the sensing element (Annotated Fig. 1 shows that the internal actuator portion comprises an axially offset aperture dimensioned to allow a connector to pass therethrough during rotation of the sensing element without inhibiting rotation of the sensing element); and
a rotary actuation mechanism (motor 74 in annotated Fig.1 of Terry) configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of the sensing element relative to the sensor housing ( a motor 74 having a conventional gear drive that rotates the actuator shaft 32 and thus a rotatable drum 76 that is mounted on said shaft 32. The motor 74 to rotate the drum 76 about a third of a revolution in order to change the flow setting or flow position of the selector valve 30 [Col. 10, Ln 51-59]; FIG. 20 reveals that the rotatable drum 76 has a cylindrical passage therethrough which accommodates the actuator shaft 32 therein, and the distal end 34 of the valve actuator shaft 32 is arranged within the slot 33 of the selector valve. A top end 81 of the actuator shaft 32 is akin to a hollow sleeve that receives a motor drive axle [Col.10 Ln 67- Col. 11, Ln 22]).
Giving the teachings of Garrahy regarding the rotation of the sensor drum from the first position to the second position with respect to the sensor housing to alter the position of the sensing element relative to the sensor housing to thereby selectively place the sensing element of the sensor structure in fluid communication with one of the inline flow chamber and the storage compartment [para. 0131-0132] and a connector 2290 extending in a direction parallel to the rotational axis of the sensing element and axially offset from the rotational axis of the sensing element such that the sensor structure is in communication with an external instrument or other system [para. 0122], and the above teachings of Terry regarding the actuator mechanism comprising an actuator housing, an internal actuator portion, and a rotary actuator mechanism configured to rotate the internal actuator portion and accordingly rotate the sensor drum with respect to the sensor housing to alter the position of sensing element relative to the sensing housing to thereby selectively place the sensing element from a first position to a second position, 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 sensor assembly in Garrahy by adding an actuator mechanism comprising: an actuator housing; an internal actuator portion rotatable with respect to the sensor housing, the internal actuator portion configured to surround and engage a portion of the sensor structure to rotationally couple the sensing element to the internal actuator portion, the internal actuator portion comprises an axially offset aperture dimensioned to allow the connector to pass therethrough during rotation of the sensing element without inhibiting rotation of the sensing element; and a rotary actuation mechanism configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of the sensing element relative to the sensor housing to thereby selectively place the sensing element of the sensor structure in fluid communication with one of the inline flow chamber and the storage compartment, as taught by combined Garrahy and Terry. Doing so, it would automate the operation of placing the sensor element of the sensor structure from the first position to the second position normally adjusted by manually rotating the sensor drum through a lever 2270 ([para. 0131 in Garrahy]), and would enable one to advantageously alter the setting from a remote location [Col. 7, Ln 51-55; Col. 12, Ln 8-12 in Terry]. Furthermore, the court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art [MPEP 2144.04(III)]. Applying a known technique for actuating the sensor drum (taught by Terry) to a known device (the device of Garrahy) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143(I) (D)).
Regarding claim 2, modified Garrahy teaches the sensor assembly of claim 1,
wherein the actuator mechanism is configured to move the sensor structure between a first configuration in which the sensor structure is configured for storage and/or calibration with the sensing element exposed to the storage compartment and a second configuration in which the sensor structure is configured for measurement with the sensing element exposed to the inline flow chamber (as outlined in the rejection of claim 1 above, the actuator mechanism configured to move the sensor structure between a first configuration in which the sensor structure is configured for storage and/or calibration with the sensing element exposed to the storage compartment [Fig.16B in Garrahy shows the sensor structure 2200 in a first configuration, where the sensor drum 2220 is in a first position [para. 0127 in Garrahy]) and a second configuration in which the sensor structure is configured for measurement with the sensing element exposed to the inline flow chamber [In Fig.16C in Garrahy shows the sensor drum has been rotated to expose the flat sensing surface 2320 to the inline flow-cell chamber 2210 in a second configuration of the sensor structure [para. 0130 in Garrahy]; the flat sensing surface 2320 can be selectively exposed, through rotation of the sensor drum 2220, to both the storage chamber 2240 and the inline flow-cell chamber 2210 [para. 0132 in Garrahy]; as outlined in the rejection of claim 1 above, the actuator mechanism is configured to rotate the sensor drum).
Regarding claim 3, modified Garrahy teaches the sensor assembly of claim 1, wherein the internal actuator portion comprises a plurality of sidewalls configured to contact a portion of the sensor structure to surround and engage the portion of the sensor structure (Fig. 20 in Terry shows the rotatable drum has a cylindrical passage therethrough which accommodates the actuator shaft 32 therein. In order to retain the drum on the shaft 32, said shaft includes a circumferential groove 88 for retaining a removable snap ring [omitted to reveal groove location] that locks the drum onto the shaft 32 [Col. 11, Ln 15-22 in Terry]. As outlined in the rejection of claim 1 above, the internal actuator portion comprising an axially offset aperture dimensioned to allow the connector 2290 in Garrahy to pass through during rotation of the sensing element without inhibiting rotation of the sensing element. The connector 2290 and the sensor drum 2220 are components of the sensor structure. Thus, modified Garrahy teaches wherein the internal actuator portion comprises a plurality of side walls [such as the side walls of the shaft in contacting the sensor drum; side walls of the mounting studs 80 in Figs. 1-2 of Terry; side walls of aperture for the connector 2290 passing through; side walls of snap ring for locking the sensor drum onto the shaft] configured to contact a portion of the sensor structure to surround and engage the portion of the sensor structure).
Regarding claim 4, modified Garrahy teaches the sensor assembly of claim 3, wherein the axially offset aperture is located between the plurality of sidewalls (Fig.16A in Garrahy shows the connector 2290 is offset from the axis of rotation of the rotatable sensor drum 2220 [para. 0122 in Garrahy]. Figs.1-2 in Terry show the sensor drum 76 is located between the side walls of the mounting studs 80. Thus, the axially offset aperture for the connector 2290 to pass therethrough is located between the plurality of side walls).
Regarding claim 5, modified Garrahy teaches the sensor assembly of claim 1, and as outlined in rejection of claim 1 above, the internal actuator portion comprising an axially offset aperture dimensioned to allow the connector 2290 in Garrahy to pass therethrough during rotation of the sensing element without inhibiting rotation of the sensing element.
Garrahy is silent to wherein the actuator housing comprises an arcuate aperture defining a circular arc of at least 90 degrees, the arcuate aperture dimensioned to allow the connector to pass therethrough during rotation of the sensing element without inhibiting rotation of the sensing element.
Garrahy teaches the connector is used to place the sensor structure in communication with an external instrument or other system [para. 0122].
Terry further teaches the actuator housing 90 comprises an arcuate aperture (a knockout plug 94 in Fig.1 [Col. 11, Ln 32-35]) defining a circular arc of at least 90 degrees (see Fig.1), the arcuate aperture dimensioned to allow wires to pass therethrough (a knockout plug 94 is provided to place the optoelectronic device 102 in electrical communication with a power source [Col. 13, Ln 8-10]).
Given the teachings of Terry regarding the actuator housing comprising an arcuate aperture defining a circular arc of at least 90 degrees, the arcuate aperture dimensioned to allow wires to pass therethrough for communication with an external instrument such as a power source, and the teachings of Garrahy regarding the connector for placing the sensor structure in communication with an external instrument or other system, 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 actuator housing in modified Garrahy by adding an arcuate aperture defining a circular arc of at least 90 degrees, the arcuate aperture dimensioned to allow the connector to pass therethrough during rotation of the sensing element without inhibiting rotation of the sensing element, since it would allow the sensor structure in communication with external instrument or other system through the connector ([para. 0122 in Garrahy]; [Col. 13, Ln 8-10 in Terry]).
Regarding claim 7, modified Garrahy teaches the sensor assembly of Claim 1, and Garrahy is silent to additionally comprising a mounting base, wherein the actuator mechanism is configured to be attached to the mounting base to secure the sensor structure between the actuator mechanism and the mounting base.
Terry does teach a mounting base, as shown in the annotated Fig.1 (the bottom base of the housing 25 corresponds to the mounting base) , wherein the actuator mechanism is configured to be attached to the mounting base to secure the sensor structure between the actuator mechanism and the mounting base (the outer cover 90 is attached to the housing 25 by a plurality of mounting screws 96 that pass through mounting spacers 98 [Col. 11, Ln 35-37].
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 sensor assembly in modified Garrahy by adding a mounting base disposed at the bottom of sensor assembly, wherein the actuator mechanism is configured to be attached to the mounting base by a plurality of mounting screws to secure the sensor structure between the actuator mechanism and the mounting base, as taught by Terry. Doing so, the outer cover (the actuator housing) would advantageously provide weather protection of the sensor [Col. 11, Ln 38-39 in Terry].
Regarding claim 8, modified Garrahy teaches the sensor assembly of claim 7, wherein the actuator mechanism is securely coupled to the mounting base (as outlined in the rejection of claim 7 above, the actuator mechanism is securely coupled to the mounting base by the plurality of mounting screws).
Note: Examiner interprets claim 8 depends on claim 7 instead of claim 1 to provide antecedent basis for the mounting base.
Regarding claim 9, modified Garrahy teaches the sensor assembly of claim 4, and Garrahy is silent to wherein the actuator mechanism is not directly secured to the sensor structure.
Terry does teach wherein the actuator mechanism is not directly secured to the sensor structure disposed in the sensor drum 76, instead the actuator mechanism is secured to a mounting base (the bottom base of the housing 25 corresponds to the mounting base, as shown in annotated Fig.1 in Terry) by the mounting studs 80 and the plurality of mounting screws 96 (The outer cover 90 is attached to the housing 25 by a plurality of mounting screws 96 that pass through mounting spacers 98 [Col. 11, Ln 35-37]; the outer top surface of the housing 25 provides threaded apertures 158 for accommodating threaded lower ends of the motor mounting studs 80 [Col. 15, Ln 17-20]).
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 sensor assembly in modified Garrahy by providing a mounting base disposed at the bottom of the sensor assembly and securing the actuator mechanism to the mounting base such that the actuator mechanism is not directly secured to the sensor structure, as taught by Terry, since It would have a minimum of moving parts, thereby both minimizing the cost of manufacture and making the device as reliable as possible [Col. 15, Ln 35-38 in Terry].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Garrahy and Terry, and further in view of Mariano (US20200224394A1).
Regarding claim 6, modified Garrahy teaches the sensor assembly of claim 1, and as outlined in the rejection of claim 1 above, wherein the rotary actuation mechanism includes a motor (motor 74 in Fig.1 of Terry).
Modified Garrahy is silent to wherein the motor includes a servomoter or a stepper motor.
Mariano teaches an apparatus to electronically monitor, determine, and/or control the pressure and/or flow for a supply of water in a network. The apparatus utilizes a plurality of controllers, electronic drain stoppers devices, sensory inputs, and motorized valves and/or solenoid valves to fully control and/or monitor the flow of water, presence of water, water pressure, water temperature, water drainage, and/or TDS levels/contaminants in the water (abstract). Mariano further teaches an actuator mechanism for the EWDC with EDN's electronic stopper device with an actuating device ( a servo motor, solenoid, stepper motor, or ac/dc motor) [para. 0041].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the motor used in the rotary actuation mechanism of modified Garrahy with a servo motor or a stepper motor, as taught by Mariano, since Mariano teaches that a servo motor or a stepper motor would be suitable actuator [para. 0041]. The simple substitution of one known element (a servo motor or a stepper motor) for another motor is likely to be obvious when predictable results are achieved (i.e., rotating the shaft and the sensor drum) [MPEP § 2143(I)(B)].
Claims 10-12 is rejected under 35 U.S.C. 103 as being unpatentable over Garrahy et al. (WO2019060776A1) in view of Staffiere et al. (US20120132838A1).
Regarding claims 10, Garrahy teaches a sensor assembly (a sensor assembly 2200 in Figs.16A-16C [para. 0121]), comprising:
a sensor structure (sensor structure 2200 in Figs. 16A-16C), comprising:
a sensor housing (a sensor housing 2202 in Fig.16A [para. 0121]);
an internal sensor portion (sensor drum 2220 in Figs.16A-16C [para. 0121]) rotatable about a rotational axis with respect to the sensor housing (a rotatable sensor drum 2220 secured within a sensor housing 2202 [para. 0121]; Because the central aperture of the collar 2204 is aligned with the axis of rotation of the sensor drum 2220, and because the portions of the sensor drum retained within the sensor housing 2204 are rotationally symmetric, the sensor drum 2220 can be rotated within the sensor housing 2202 [para. 0123]);
an inline flow chamber (an inline flow-cell chamber 2210 [para. 0121]) configured to allow a process medium to flow therethrough ( the inlet 2212 and the outlet 2214 are in fluid communication with one another via the inline flow-cell chamber 2210 [para. 0121]), rotation of the internal sensor portion with respect to the sensor housing moving an internal sensing element (sensor 2232 in Fig.16B [para. 0128]) between a first position in which the internal sensing element is exposed to a calibration medium (Fig.16B shows the sensor structure 2200 in a first configuration, where the sensor drum 2220 is in a first position. In the first position, the flat sensing surface 2320 generally flush with the base 2228 of the rotatable sensor drum 2220 and exposed at the base 2228 of the rotatable sensor drum 2220 is aligned with a storage and/or calibration chamber 2240 including a storage medium 2240 to which the flat sensing surface 2320 is exposed when the sensor structure is in the first configuration [para. 0127]) and a second position in which the internal sensing element is exposed to the inline flow chamber (In Fig.16C, the sensor drum has been rotated to expose the flat sensing surface 2320 to the inline flow-cell chamber 2210 in a second configuration of the sensor structure [para. 0130]); and
a connector (connector 2290 in Figs. 16A-16C [para. 0122]) extending in a direction parallel to the rotational axis of the internal sensor portion (see Figs. 16A-16c) and axially offset from the rotational axis of the internal sensor portion (the connector 2290 is offset from an axis of rotation of the rotatable sensor drum 2220 [para. 0122]).
Garrahy further teaches rotation of the sensor drum from the first position to the second position by rotating a lever 2270 from a first position to a second position [para. 0131].
Garrahy is silent to: an actuator mechanism, comprising: an actuator housing; an internal actuator portion rotatable with respect to the sensor housing, the internal actuator portion configured to engage the internal sensor portion of the sensor structure to rotationally couple the internal sensor portion to the internal actuator portion, the internal actuator portion comprising an axially offset aperture dimensioned to allow the connector to pass therethrough during rotation of the internal sensor portion without inhibiting rotation of the internal sensor portion; and a rotary actuation mechanism configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of the internal sensor portion relative to the sensor housing; and a mounting base, the actuator mechanism configured to be attached to the mounting base by a plurality of connecting features to secure the sensor structure between the actuator mechanism and the mounting base, the plurality of connecting features asymmetrically arranged to compel a specific orientation of the mounting base relative to the actuator mechanism.
Staffiere teaches an actuator mechanism for automating operation of a manual control valve upon the occurrence of a specified condition includes a valve handle engaging member mounted on an operating shaft turned by a motor held by a housing or support which is mountable to the manual valve body or associated conduit (abstract). Figs.3-4 shows an electronically controlled valve actuator 100 (corresponding to the actuator mechanism of this instant claim), consisting of an actuator housing (housing sections 411-413 [para. 0059]), an internal actuator portion (components of the motor assembly 101 comprising a shaft 103 and a rotary coupling 102 in Fig.4 [para. 0055, 0059]) rotatable with respect to the sensor housing (shaft 103, bracket 407, and valve handle 405 rotate together according to the signal from control circuit board 141, thereby opening or closing ball valve 406 [para. 0059]; Note that the valve handle 405 corresponds to the lever 2270 in Garrahy, which rotates the sensor drum from the first position to the second position [para. 0131 in Garrahy]); and a rotary actuation mechanism (DC motor 1120 and reduction gear 1110 of the motor assembly 101 as shown in Fig. 11 [para. 0069] and control circuit board 141 [para. 0059]) configured to rotate the internal actuator portion with an engagement folk 404 so that the valve handle 405 can be moved from open to close position or vice versa [para. 0059]. Motor assembly 101 generally includes a drive circuit which serves to reduce the speed and increase the torque of the motor. Motor assembly 101 further includes a rotary coupling 102. Shaft 103 is inserted into this rotary coupling 102 so as to be slidingly engaged and is operatively connected to the rotary component of the motor assembly 101. Shaft 103 and rotary coupling 102 are in splined or serrated engagement with each other so as to rotate together while permitting a limited range of translation of the shaft within the rotary coupling. Shaft 103 terminates at its lower end in a valve engagement fork 104 [para. 0055 ]. Fig. 4 shows that the control circuit board 141 is disposed above the internal actuator portion (part of the motor assembly 101) and Control circuit board 141 gets a signal from sensor 133, switches 121, 122, or 123, or even a remote control not described in FIG. 3 [para. 0059].
Giving the teachings of Garrahy regarding rotating the lever 2270 from a first position to a second position to achieve the rotation of the sensor drum from the first position to the second position [para. 0131], and the above teachings of Staffiere regarding the actuator mechanism for automating the rotational operation of the lever (valve handle) from a first position to a second position, 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 sensor assembly in Garrahy by adding an actuator mechanism to automate operation of the lever, wherein the actuator mechanism comprising an actuator housing; an internal actuator portion (a part of the motor assembly 101 comprising shaft 103 and rotary coupling 102 in Staffiere rotationally coupled to the lever 2270 of the sensor structure in Garrahy) rotatable with respect to the sensor housing, the internal actuator portion configured to engage the internal sensor portion of the sensor structure to rotationally couple the internal sensor portion to the internal actuator portion (an outwardly extending lever 2270 is attached to the sensor drum 2220 to facilitate rotation of the sensor drum 2220 [para. 0124 in Garrahy]; shaft 103 in Staffiere rotationally coupled to the lever 2270 of the sensor structure in Garrahy); and a rotary actuation mechanism (DC motor 1120 and reduction gear 1110 of the motor assembly 101; and control circuit board 141 in Staffiere]) configured to rotate the internal actuator portion (the shaft 103/rotary coupling 102 of the motor assembly 101 in Staffiere) with respect to the sensor housing to alter the position of the internal sensor portion relative to the sensor housing (the motor actuates rotation of the shaft, which is rotationally coupled to the lever 2270; the lever 2270 is rotated from a first position to a second position, and accordingly rotating the sensor drum from the first position to the second position to thereby selectively place the sensing surface 2230 in fluid communication with one of the inline flow chamber and the storage compartment [Figs. 16B-16C; para. 0127-0131 in Garrahy]), as taught by combination of Staffiere and Garrahy. Doing so, it would automate the operation of placing the sensor element of the sensor structure from the first position to the second position normally adjusted by manually rotating the lever by hand ([para. 0019] in Staffiere). Furthermore, the court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art [MPEP 2144.04(III)]. Applying a known technique for automatically actuating a lever/valve handle, as taught by Staffiere, to a known device (the device of Garrahy with a rotatable lever 2270) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143 (I)(D)).
Giving the teachings of Garrahy regarding the cylindrical connector 2290 extending in a direction parallel to the rotational axis of the sensor drum and axially offset from the rotational axis of the sensor drum (see Fig. 16A) such that the sensor structure is in communication with an external instrument or other system [para. 0122], and the teachings of Staffiere regarding the control circuit board 141 disposed above the internal actuator portion (a part of the motor assembly 101 in Fig.4), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the internal actuator portion (the motor assembly 101 in Staffiere) in modified Garrahy such that the modified internal actuator portion comprising an axially offset aperture dimensioned to allow the connector 2290 to pass through the modified motor assembly 101 during rotation of the internal sensor portion without inhibiting rotation of the internal sensor portion for connecting the connector to the control circuit board, since it would allow the sensor structure in communication with external instrument or other system [para. 0122 in Garrahy], and would allow both the actuator and sensor be accessible and controllable via internet monitoring or telephone or wireless means [para. 0009 in Staffiere].
Staffiere further teaches a mounting base (mounting base 412-413 in Fig.4), wherein the actuator mechanism (the electronically controlled valve actuator 100) configured to be attached to the mounting base by a plurality of connecting features (Fig.4 shows part of the left side wall of middle housing section 412 is removed so that valve handle 405 can move from open to close position or vice versa without interference by the housing [para. 0059], and while the right side wall of the middle housing section 412 has no opening) to secure the sensor structure (the inline flow pipe 106 with the valve corresponds to the sensor structure) between the actuator mechanism (the electronically controlled valve actuator 100) and the mounting base (mounting base 412/413), the plurality of connecting features asymmetrically arranged to compel a specific orientation of the mounting base relative to the actuator mechanism (Fig.4 shows that the left side wall 412 is shorter than the right side wall 412; the left side wall has an opening for the valve handle 405, while the right side wall has no opening. Thus, the plurality of connecting features asymmetrically arranged to compel a specific orientation of the mounting base relative to the actuator mechanism).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further add a mounting base wherein the actuator mechanism is configured to be attached to the mounting base by a plurality of connecting features to secure the sensor structure between the actuator mechanism and the mounting base, wherein the plurality of connecting features asymmetrically arranged to compel a specific orientation of the mounting base relative to the actuator mechanism, as taught by Staffiere. Doing so, it would securely fasten the actuator mechanism to the mounting base, and it would allow easy and efficient removal of the actuator mechanism from the sensor structure, thus permitting manual access to the lever in a traditional manner which may be useful in the event of a failure mode or the occurrence of some unforeseen condition ([para. 0073] in Staffiere). Thus, Garrahy in view of Staffiere teaches the limitation of a sensor assembly comprising a sensor structure, an actuator mechanism, and a mounting base.
Regarding claim 11, modified Garrahy teaches the sensor assembly of claim 10, and Garrahy teaches wherein the sensor structure includes a lever (a lever 2270 in Figs. 16A-16C) rotationally coupled to or integral with the internal sensor portion (an outwardly extending lever 2270 is attached to the sensor drum 2220 to facilitate rotation of the sensor drum 2220 [para. 0124]).
Regarding claim 12, modified Garrahy teaches the sensor assembly of claim 11, wherein the internal actuator portion comprises a recess dimensioned to accept the lever of the sensor structure (Figs. 3-4 in Staffiere show that the internal actuator portion comprises a recess dimensioned to accept the lever [valve handle 405 and bracket 407 in Figs.3-4 of Staffiere correspond to the lever in modified Garrahy]), the axially offset aperture aligned with a portion of the recess (As shown in Fig.16A of Garrahy, the connector 2290 is disposed above the sensor drum 2220, and the lever 2270 is radially extending out from the sensor drum. Since both the connector 2290 and the lever are attached to the sensor drum, the axially offset aperture for the connector to pass therethrough is aligned with a portion of the recess for accepting the lever such that the connector attached to the sensor drum in a vertical direction and the lever attached to the sensor drum in a radial direction).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Garrahy in view of Staffiere, as applied to claim 11 above, and further in view of Meyer et al. (US20170356564A1).
Regarding claim 13, modified Garrahy teaches the sensor assembly of claim 11, and does not teach wherein the lever is an oblong structure symmetric about at least one plane passing through an axis of rotation of the internal actuator portion.
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Meyer teaches a valve assembly including a valve having an opening and closing mechanism for controlling the flow of a fluid through the valve controlled by an actuator and an actuator mounting bracket secured to the valve (abstract). Fig.1A shows a lever (a valve stem 29 [para. 0037]) which is an oblong structure symmetric about at least one plane (the plane passing the axis I-I and the longitudinal axis C-C of the actuator valve couple 70 and the drive adaptor 50 as shown in the annotated Fig.1A in Meyer; the longitudinal axis C-C of the actuator valve couple 70 and the drive adaptor 50 is shown in Figs. 6C and 6D [paras. 0037 and 0041]; the valve stem is symmetric about the axes I-I and C-C) passing through an axis of rotation of an internal actuator portion (the longitudinal axis C-C of the actuator valve couple 70 and the drive adaptor 50 as shown in the annotated Fig.1A in Meyer; the longitudinal axis C-C as shown in Figs. 6C and 6D [para. 0041]). The valve stem 29, extending outwardly through a suitable aperture formed in the valve body in a direction substantially transverse to the axis A-A, is operatively connected to the ball 25. Rotation of the stem in either direction translates into rotational movement of the ball within the valve body, whereby fluid flow through a portion of the pipeline system in which the valve is positioned may be selectively controlled by opening or closing the valve 12 [para. 0037]. Thus, Meyer teaches wherein the lever is an oblong structure symmetric about at least one plane passing through an axis of rotation of the internal actuator portion so that both ends of the lever along the direction perpendicular to the plane have equal distances to the axis of the rotation.
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 shape of the lever and the sensor assembly in modified Garrahy by symmetrically placing the lever about at least one plane passing through an axis of rotation of the internal actuator portion since it would allow both ends of the lever along the direction perpendicular to the plane have equal distances to the axis of the rotation, as taught by Meyer. One of ordinary skill in the art would recognize that it would provide that both ends of the lever along its longitudinal axis (which is perpendicular to the axis of rotation) having an equal distance to the axis of rotation, and accordingly requires less torque to actuate rotation of the lever and also reduce the damage of the lever arising from the non-uniform torque if the distances from both ends of the lever to the axis of rotation are not equal. Generally, differences in shape will not support the patentability of subject matter encompassed by the prior art absent persuasive evidence that the particular configuration is significant. MPEP § 2144.04(IV)(B). Therefore, it would have been a matter of choice to use a lever having an oblong structure symmetric about at least one plane passing through an axis of rotation of the internal actuator portion which a person of ordinary skill in the art would have found obvious.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Garrahy in view of Staffiere, as applied to claim 10 above, and further in view of Meyer et al. (US20170356564A1) and Oh (US20060131532A1).
Regarding claim 14, modified Garrahy teaches the sensor assembly of claim 10, and does not teach wherein the actuator mechanism comprises a plurality of legs extending from the actuator housing, and wherein the mounting base comprises a plurality of receptacles configured to receive at least a portion of the plurality of legs extending from the actuator housing, wherein the plurality of legs and the plurality of receptacles are arranged in matching asymmetrical arrangements to compel an orientation of the actuator mechanism relative to the mounting base.
Meyer teaches a valve assembly including a valve having an opening and closing mechanism for controlling the flow of a fluid through the valve controlled by an actuator and an actuator mounting bracket secured to the valve (abstract). Fig.1A shows an actuator mechanism comprising an actuator housing (an upper clamp 32 [para. 0038]), an internal actuator portion (actuator coupler 70 [para. 0041]) rotationally coupled to a lever (valve stem 29 [para. 0041]), and a rotary actuation mechanism (a valve actuator [para. 0039]). The actuator mechanism comprises a plurality of legs (a plurality of elongated bolts 108 inserted into aligned sleeve members 100 in Fig.1A [para. 0044]) extending from the actuator housing (Fig.1A shows the elongated bolts 108 extending from the actuator housing). Meyer further teaches a mounting base (lower clamps 36 and 38 in Fig.1A [para. 0044]) comprising a plurality of receptacles (receptacles on sleeve members 100 of the lower clamps 36/38 shown in Fig.1A) configured to receive at least a portion of the plurality of legs extending from the actuator housing (Fig.1B shows that the receptacles on sleeve members 100 of the lower clamps 36/38 configured to receive the legs [the elongated bolts 108] extending from the actuator housing [the upper clamp 32]; elongated bolts 108 may be inserted into aligned sleeve members 100 and secured firmly in place by threaded fasteners such as cooperating flat washer and lock nuts 109 and 110 [para. 0044]).
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 actuator mechanism and the mounting base in modified Garrahy by providing a plurality of legs extending from the actuator housing of the actuator mechanism and a plurality of receptacles to the mounting base, wherein the plurality of receptacles are configured to receive the plurality of legs extending from the actuator housing, as taught by Meyer, since it would firmly secure the actuator mechanism to the mounting base ([para. 0044] in Meyer). Furthermore, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results (i.e., firmly secure the actuator mechanism to the mounting base by inserting the legs from the actuator housing into the receptacles of the mounting base) [MPEP 2143(I)(A)].
Modified Garrahy is silent to wherein the plurality of legs and the plurality of receptacles are arranged in matching asymmetrical arrangements to compel an orientation of the actuator mechanism relative to the mounting base.
Oh teaches a valve apparatus includes selectively releasable engagement apparatus for operatively connecting an actuator to a valve body of a valve having an operating member extending outwardly from the valve body along an axis of the operating member (abstract). Fig.1 shows an actuator 14 (actuator mechanism) securely coupled to a selectively releasable engagement apparatus 16 (mounting base) [para. 0021]. Fig.2 shows the mounting base 16 comprises a first protrusion 38, having a notch 40 therein, and two additional protrusions, 42. The first and additional protrusions 38, 42, 42 are oriented to extend from the valve body 18 in a direction generally parallel to the axis 30 of the valve stem 28 [para. 0023]. Note that the size and shape of the first protrusion 38 are different from the two additional protrusions 42. Fig.4 shows a plurality of receptacles extending from the actuator housing with a first receptacle 48 for receiving the first protrusion 38 of the mounting base and two receptacles 50 for receiving the two additional protrusions 42 [para. 0024]. The latch arm 52 includes a locking tab 54 that is biased by the latch arm 52 for engagement with the notch 40 in the first protrusion 38, when the first protrusion is disposed in the first receptacle 48 [para. 0025 ]. Thus, Oh teaches wherein a plurality of legs (the first protrusion 38 and two additional protrusions 42 on the mounting base) and the plurality of receptacles ( the first receptacle 48 and two additional receptacles 50 on the actuator housing) are arranged in matching asymmetrical arrangements to compel an orientation of the actuator mechanism relative to the mounting base (since the size and shape of the first protrusion 38 are different from those of the two additional protrusions 42, the protrusions can only be inserted into the receptacles in a single orientation, which prevents securement of the actuator mechanism to the mounting base in the opposite orientation).
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 number, size, shape and position of the legs and receptacles in modified Garrahy to provide three legs with one leg having size and shape different from the other two and three receptacles for receiving the three legs wherein the modified legs and the modified receptacles are arranged in matching asymmetrical arrangements to compel an orientation of the actuator mechanism relative to the mounting base, as taught by Oh, since such arrangement would provide a substantial contribution to reacting a tilting moment ([para. 0034] in Oh).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Garrahy in view of Staffiere, as applied to claim 10 above, and further in view of Arnst et al. (US20150122618A1).
Regarding claims 15-16, modified Garrahy teaches the sensor assembly of claim 10, and does not teach wherein the mounting base includes a pair of tabs, and wherein the sensor assembly includes a pair of radially extending wings having apertures extending therethrough, the apertures dimensioned to receive the pair of tabs to clip the sensor assembly onto the mounting base, of instant claim 15; and wherein the pair of radially extending wings differ in shape from one another, and wherein the mounting base defines a pair of asymmetric receiving spaces, such that a first radially extending wing of the pair of radially extending wings cannot be inserted into a first receiving space and inserted onto the tab, of instant claim 16.
Arnst teaches a lockout device including a base adaptor configured to be fitted around an electrical switch base (abstract). Figs.3 and 6 show a base comprising a first lateral lip 128 and a second lateral lip 132 [para. 0024]. The first and second lateral lips comprises, respectively, a first vertical projection 144 (a first tab) and a second vertical projection 146 (a second tab) [paras. 0024 and 0041]. The base adaptor 110 (base of the lockout device 100 [para. 0018]) includes a pair of radially extending wings (forward projecting overhang 164 having a length a and a rear projecting overhang 166 having a length b wherein a is 0.325 inch and b is 0.125 inch [para. 0030]). Thus, the radially extending wings differ in shape from one another since their lengths are different. The pair of radially extending wings having apertures extending therethrough (a cutout 176 and a cutout 178 in Fig.3 [para. 0028]), the apertures dimensioned to receive the tabs to clip the sensor assembly (the lockout device 100 corresponding to the sensor assembly in this instant applicant) onto the mounting base (forward projecting overhang includes a cutout 176 configured to receive vertical projection 144 and rearward projecting overhang 166 includes a cutout 178 configured to receive vertical projection 146 [para. 0028]; Fig.6). The mounting base defines a pair of asymmetric receiving spaces (channel 136 on the first lateral lip 128 and channel 138 on the second lateral lip 132 in Fig.3 [para. 0024]), such that a first radially extending wing (forward projecting overhang 164) cannot be inserted into a first receiving space (channel 136) and inserted onto a first tab (vertical projection 144). Thus, Arnst teaches a lock mechanism wherein the sensor assembly (the device within the housing 104 and the base 110 in Fig.3) includes a pair of radially extending wings (forward projecting overhang 164 and rearward projecting overhang 166) having apertures (cutouts 176 and 178) extending therethrough, the apertures dimensioned to receive the tabs (vertical projections 144 and 146) to clip the sensor assembly onto the mounting base (the first and second lateral lips 128 and 132), of instant claim 15; and wherein the radially extending wings differ in shape from one another (lengths of the wings 164 and 166 are different), and wherein the mounting base defines a pair of asymmetric receiving spaces (channels 128 and 138), such that a first radially extending wing (wing 164) cannot be inserted into a first receiving space (channel 128) and inserted onto a first tab (tab 144), of instant claim 16.
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 mounting base in modified Garrahy to a mounting base comprising a pair of lateral lips each having a tab (the first lateral lip 128 having a first tab 144, and the second lateral lip 132 having a second tab 146 in Fig.3 of Arnst), and further modify the base (bottom surface) of the sensor assembly in modified Garrahy to provide a pair of radially extending wings having the configuration of the forward projecting overhang 164 and rearward projecting overhang 166 in Fig.3 of Arnst such that the pair of radially extending wings having apertures extending therethrough, the apertures dimensioned to receive the pair of tabs (the pair of tabs 144/146 in the modified mounting base) to clip the modified sensor assembly onto the mounting base (claim 15), wherein the pair of radially extending wings differ in shape from one another, and wherein the modified mounting base defines a pair of asymmetric receiving spaces, such that a first radially extending wing of the pair of radially extending wings cannot be inserted into a first receiving space and inserted onto a first tab (claim 16), as taught by Arnst, since such locking mechanism would be less prone to breaking and/or malfunction than other type of locking mechanism [para. 0019 in Arnst]. One of ordinary skill in the art would recognize that it would secure the sensor assembly to the mounting base in a particular orientation, which would prevent securement of the sensor assembly to the mounting base in the opposite orientation. The claimed limitations related to lock mechanism are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results (i.e., securely lock the sensor assembly to the mounting base in a particular orientation) [MPEP 2143(I)(A)]. Furthermore, the selection of a known lock mechanism for securing the sensor assembly to the mounting base, which is within the ambit of one of ordinary skill in the art.
Claims 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Garrahy et al. (WO2019060776A1) in view of Terry (US5076321A).
Regarding claim 17, Garrahy teaches a actuator mechanism (an outwardly extending lever 2270 in Figs. 16A-16C attached to the sensor drum 2220 to facilitate rotation of the sensor drum 2220 [para. 0124]) configured to control a position of a rotatable portion of a sensor structure (Figs. 16A-16C shows a sensor structure comprising a rotatable sensor drum 2220 secured within a sensor housing 2202 [para. 0121]; FIG. 16B is a cross-sectional view illustrating the sensor structure 2200 in a first configuration, where the sensor drum 2220 is in a first position. The flat sensing surface 2320 serves as the sensing surface of the sensor structure 2200, allowing calibration of the sensor structure 2200 when the sensor structure 2200 is in this first calibration [para. 0127]. In FIG. 16C, the sensor drum has been rotated to expose the flat sensing surface 2320 to the inline flow-cell chamber 2210, placing the sensing surface of the sensing element of the sensor structure 2200 in fluid communication with the inline flow-cell chamber 2210, in a second configuration of the sensor structure 2220 [para. 0130]. Thus, the lever 2270 is configured to control a position of a rotatable sensor drum 2220 and accordingly the sensor 2232 of the sensor structure 2200).
Garrahy further teaches wherein the sensor structure 2200 comprising a cylindrical connector 2290 disposed above the sensor drum 2220 (see Figs. 16A-16C), and the connector can be used to place the sensor structure in communication with an external instrument or other system, and the connector 2290 is offset from an axis of rotation of the rotatable sensor drum 2220 [para. 0122]. Because the central aperture of the collar 2204 is aligned with the axis of rotation of the sensor drum 2220, and because the portions of the sensor drum retained within the sensor housing 2204 are rotationally symmetric, the sensor drum 2220 can be rotated within the sensor housing 2202 [para. 0123]. The rotation of the sensor drum from a first position to a second position by rotating the lever 2270 from a first position to a second position [para. 0131].
Garrahy is silent to the following limitations: the actuator mechanism comprising: an actuator housing; an internal actuator portion rotatable with respect to the actuator housing, the internal actuator portion configured to engage the rotatable portion of the sensor structure to rotationally couple the rotatable portion (sensor drum 2220) of the sensor structure 2200 to the internal actuator portion, the internal actuator portion comprising a first receiving space dimensioned to accept a portion of the rotatable portion of the sensor structure and a second receiving space dimensioned to allow the connector 2290 of the sensor structure 2200 to pass therethrough and to compel a specific orientation of the sensor structure relative to the actuator mechanism, an axis of rotation of the internal actuator portion passing through the first receiving space and the second receiving space axially offset from the axis of rotation of the internal actuator portion; and a rotary actuation mechanism configured to rotate the internal actuator portion with respect to the sensor housing 2204 to alter the position of the internal actuator portion relative to the sensor housing.
Terry teaches an actuator mechanism (a motorized driving arrangement for rotating the selector valve 30 to one of the three desired position [Col.10, Ln 48-50]) comprising:
an actuator housing (a metal or molded plastic outer cover 90 in Figs. 1-2 [Col. 11, Ln 23-26]);
an internal actuator portion (see above annotated Fig.1 in Terry; the internal actuator portion comprising an actuator shaft 32 in Figs. 1-2 [Col. 10, Ln 48-53]) rotatable with respect to the actuator housing (as the motor driven actuator shaft rotates the selector valve, said shaft also rotates a sensor drum in synchronism with the rotation of the selector valve [Col.4, Ln 23-25]), the internal actuator portion configured to engage the rotatable portion of the sensor structure to rotationally couple the rotatable portion of the sensor structure to the internal actuator portion (As shown in Fig.1, the internal actuator portion configured to engage a rotatable sensor drum 76 to rotationally couple the rotatable sensor drum 76 to the internal actuator portion; a motor 74 having a conventional gear drive that rotates the actuator shaft 32 and thus a rotatable drum 76 that is mounted on said shaft 32. The motor 74 to rotate the drum 76 about a third of a revolution in order to change the flow setting or flow position of the selector valve 30 [Col. 10, Ln 51-59]; FIG. 20 reveals that the rotatable drum 76 has a cylindrical passage therethrough which accommodates the actuator shaft 32 therein, and the distal end 34 of the valve actuator shaft 32 is arranged within the slot 33 of the selector valve. A top end 81 of the actuator shaft 32 is akin to a hollow sleeve that receives a motor drive axle [Col.10 Ln 67- Col. 11, Ln 22]), the internal actuator portion comprising a first receiving space dimensioned to accept a portion of the rotatable portion of the sensor structure (FIG. 20 reveals that the rotatable drum 76 has a cylindrical passage therethrough which accommodates the actuator shaft 32 therein, and the distal end 34 of the valve actuator shaft 32 is arranged within the slot 33 of the selector valve. A top end 81 of the actuator shaft 32 is akin to a hollow sleeve that receives a motor drive axle [Col.10 Ln 67- Col. 11, Ln 22]; Annotated Fig.1 in Terry shows that the internal actuator portion comprising a first receiving space dimensioned to accept a portion of the rotatable sensor drum 76) and a second receiving space dimensioned to allow a connector of the sensor structure to pass therethrough (annotated Fig. 1 shows that the internal actuator portion comprises a second receiving space dimensioned to allow a connector to pass therethrough; a knockout plug 94 is provided in one or more sides of the cover 90 to place the sensor device of optoelectronic device 102 in electrical communication with a power source [Col. 11, Ln 33-35; Col. 13, Ln 8-10]) and to compel a specific orientation of the sensor structure relative to the actuator mechanism (Figs. 1-2 and 20 show that the internal actuator portion is configured to compel a specific orientation of the sensor drum relative to the actuator mechanism), an axis of rotation of the internal actuator portion passing through the first receiving space (Fig.20 shows the rotatable drum 76 has a cylindrical passage therethrough which accommodates the actuator shaft 32 therein. In order to retain the drum 76 on the shaft 32, said shaft includes a circumferential groove 88 for retaining a removable snap ring that locks the drum 76 onto the shaft 32 [Col. 11, Ln 15-22]; thus, an axis of rotation of the shaft 32 passing through the first receiving space to accept the rotatable sensor drum) and the second receiving space axially offset from the axis of rotation of the internal actuator portion (Annotated Fig. 1 shows that the internal actuator portion comprises the second receiving space axially offset from the axis of rotation of the shaft 32/sensor drum 76 for allowing a connector to pass therethrough); and
a rotary actuation mechanism (motor 74 in annotated Fig.1 of Terry) configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of the internal actuator portion relative to the sensor housing ( a motor 74 having a conventional gear drive that rotates the actuator shaft 32 and thus a rotatable drum 76 that is mounted on said shaft 32. The motor 74 to rotate the drum 76 about a third of a revolution in order to change the flow setting or flow position of the selector valve 30 [Col. 10, Ln 51-59]; FIG. 20 reveals that the rotatable drum 76 has a cylindrical passage therethrough which accommodates the actuator shaft 32 therein, and the distal end 34 of the valve actuator shaft 32 is arranged within the slot 33 of the selector valve. A top end 81 of the actuator shaft 32 is akin to a hollow sleeve that receives a motor drive axle [Col.10 Ln 67- Col. 11, Ln 22]).
Giving the teachings of Garrahy regarding the rotation of the sensor drum from the first position to the second position with respect to the sensor housing to alter the position of the sensing element relative to the sensor housing to thereby selectively place the sensing element of the sensor structure in fluid communication with one of the inline flow chamber and the storage compartment by rotating the lever 2270 [para. 0131-0132] and a connector 2290 extending in a direction parallel to the rotational axis of the sensor drum and axially offset from the rotational axis of the sensor drum such that the sensor structure is in communication with an external instrument or other system [para. 0122], and the above teachings of Terry regarding the actuator mechanism comprising an actuator housing, an internal actuator portion, and a rotary actuator mechanism configured to rotate the sensor drum 76 and accordingly the selector valve 30 from a first position to a second position, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the actuator mechanism of rotating the sensor drum by the lever in Garrahy with the automatic actuator mechanism of rotating the sensor drum by an internal actuator portion driven by a rotary actuation mechanism, wherein the automatic actuator mechanism comprising: an actuator housing; an internal actuator portion rotatable with respect to the actuator housing, the internal actuator portion configured to engage the rotatable portion of the sensor structure to rotationally couple the rotatable portion of the sensor structure to the internal actuator portion, the internal actuator portion comprising a first receiving space dimensioned to accept a portion of the rotatable portion of the sensor structure and a second receiving space dimensioned to allow the connector 2290 of the sensor structure to pass therethrough and to compel a specific orientation of the sensor structure relative to the actuator mechanism, an axis of rotation of the internal actuator portion passing through the first receiving space and the second receiving space axially offset from the axis of rotation of the internal actuator portion (Fig.16A in Garrahy shows the connector 2290 is axially offset from the axis of rotation of the sensor drum, and Fig.20 in Terry shows the axis of rotation of the internal actuator portion/shaft 32 is the same as the axis of rotation of the sensor drum 76; thus, the second receiving space for receiving the connector 2290 to pass through is axially offset from the axis of rotation of the internal actuator portion); and a rotary actuation mechanism configured to rotate the internal actuator portion with respect to the sensor housing to alter the position of the internal actuator portion relative to the sensor housing, as taught by combined Garrahy and Terry. Doing so, it would automate the operation of placing the sensor element of the sensor structure from the first position to the second position normally adjusted by manually rotating the sensor drum through the lever 2270 ([para. 0131 in Garrahy]), and would enable one to advantageously alter the setting from a remote location [Col. 7, Ln 51-55; Col. 12, Ln 8-12 in Terry]. Furthermore, the court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art [MPEP 2144.04(III)].
Regarding claim 19, modified Garrahy teaches the actuator mechanism of Claim 17, and Garrahy is silent to further comprising a connector configured to at least one of: receive control signals from a remote system; and transmit status signals to the remote system.
Terry further teaches wherein the actuator mechanism further comprising a control microprocessor (Fig.21). The integrated circuit means includes a CMOS integrated circuit that provides a clean signal of the drum alignment (and thus flow position) detected by the phototransistors, said signal being inputted to control microprocessor means for enabling one to activate and/or brake and/or deactivate the motor 74 from a remote location [Col. 12, Ln 5-11]. Since it enables one to activate and/or brake and/or deactivate the motor 74 from a remote location based on the signal measured by the sensor in the sensor drum, it must have a connector configured to receive control signals from a remote system; and transmit status signals to the remote system.
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 actuator mechanism in modified Garrahy by providing a connector enabling one to activate and/or brake and/or deactivate the motor from a remote location based on the signal measured by the sensor of the sensor structure, as taught by Terry, since it would allow one to control from a remote location and improve the safety [Col. 1, Ln 12-15 in Terry].
Regarding claim 20, modified Garrahy teaches the actuator mechanism of Claim 17, wherein the actuator mechanism further comprises a visual indicator of the state of the sensor structure ( Garrahy teaches a movement detection mechanism for detection of rotational movement anywhere on the sensor drum [para. 0135]; and this movement detection mechanism may include a mechanical contact, a proximity switch, or any other suitable mechanism for detecting or providing an indication of the relative position of a component of the sensor [para. 0096]).
Allowable Subject Matter
Claim 18 would be allowable if it is rewritten or amended 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:
Garrahy teaches the lever 2270 to rotate the sensor drum 2220, and does not teach the actuator housing. Terry teaches the actuator housing (cover 90 in Fig.1), and Fig.20 shows the rotatable drum 78 has a cylindrical passage therethrough which accommodates the actuator shaft 32 therein [Col. 11, Ln 15-22], thus the axis of the rotation of the internal actuator portion is along the axis of the shaft 32/sensor drum 76. As shown in Figs. 1-2 in Terry, motor 74 is disposed above the axis of rotation of the internal actuator portion, and a knockout plug 94 is provided in one or more sides of the cover 90 [Col. 11, Ln 33-35] . Thus, the prior art of the record does not appear to be any teaching, suggestion, or motivation for why one skilled in the art would modify the actuator mechanism in Terry such that the actuator housing (the cover 90) comprising an arcuate aperture extending along a circular arc having a center aligned with the axis of rotation of the internal actuator portion due to the presence of the motor 74 disposed above the axis of rotation of the internal actuator portion.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure: Loebbert et al. (US20110236962A1) teaches calibratable sensor unit wherein the sensor is rotated from a first position to a second position by an actuator mechanism. Sharratt et al. (US 20180334786A1) teaches an automatic valve actuator unit wherein the system allows a remote user to monitor and interact the components of the system (related to the limitations in claims 19-20). Ghazarian et al. (US 20070289635 A1) teaches a wireless leak detection system wherein the system reports the condition of the valve and the system procedure result by audiovisual means (visual 52/audible 58 signals). Pusheck (US20190293511A1) teaches an apparatus includes a base assembly, a gasket and a housing assembly wherein the base assembly 102 has multiple brackets 118a-118b and the mounting assembly 108 has tabs 132a-132b, locking boss 134, over-travel stop 136 and a shield 138. Lostoski et al. (US20130087665A1) teaches an orientation tab formation component 2116 that can form one or more tabs, such as, for example, one or more non-symmetrical tabs, in desired respective regions of the DRB 2104 that can facilitate insertion of the display in the bezel so that the display has the correct orientation [para. 0107, 0119].
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/SHIZHI QIAN/Examiner, Art Unit 1795
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