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 Interpretation
In claim 4 the limitation of “wherein additional data are stored in the memory, which indicate different properties of different fluids, gases, gas mixtures or vapors, the additional data comprising at least one of the following properties: heat capacity; pressure dependence of the heat capacity; temperature dependence of the heat capacity; density; pressure dependence of the density; temperature dependence of the density; ignitability or explosiveness; pressure dependence of the ignitability or explosiveness; temperature dependence of the ignitability or explosiveness; viscosity; vapor pressure; boiling point; pressure dependence of the viscosity; temperature dependence of the viscosity; properties that are harmful for health including toxicity and or carcinogenicity” is interpreted as requiring only one of the listed alternatives.
Claim Objections
Claims 4, 7 and 9 are objected to because of the following informalities:
Claim 4 recites: “wherein additional data are stored in the memory, which indicate different properties of different fluids, gases, gas mixtures or vapors, the additional data comprising at least one of the following properties: heat capacity; pressure dependence of the heat capacity; temperature dependence of the heat capacity; density; pressure dependence of the density; temperature dependence of the density; ignitability or explosiveness; pressure dependence of the ignitability or explosiveness; temperature dependence of the ignitability or explosiveness; viscosity; vapor pressure; boiling point; pressure dependence of the viscosity; temperature dependence of the viscosity; properties that are harmful for health including toxicity and or carcinogenicity.”
Perhaps Applicant means: ““wherein additional data are stored in the memory, which indicate different properties of different fluids, gases, gas mixtures or vapors, the additional data comprising at least one of the following properties: heat capacity; pressure dependence of the heat capacity; temperature dependence of the heat capacity; density; pressure dependence of the density; temperature dependence of the density; ignitability or explosiveness; pressure dependence of the ignitability or explosiveness; temperature dependence of the ignitability or explosiveness; viscosity; vapor pressure; boiling point; pressure dependence of the viscosity; temperature dependence of the viscosity; or properties that are harmful for health including toxicity and/or carcinogenicity”? Appropriate correction is required.
Claim 7 recites: “to make the determines oxygen concentration” in line 4. Perhaps Applicant means “to make the determined oxygen concentration”? Appropriate correction is required.
Claim 9 recites: “an output sig nal” in line 4. Perhaps Applicant means “an output signal”? Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Gerder et al. (US 2021/0405008) (hereinafter Gerder) in view of Stark (US 6430987) (hereinafter Stark) in further view of Dreyer et al. (US 2002/0036266) (hereinafter Dreyer).
Regarding claim 1, Gerder teaches a monitoring system (100) for monitoring a gas composition of a breathing gas supply of an airplane pilot in airplanes or aircraft (see Abstract), the monitoring system (100) comprising:
a measuring line (10) from a measuring location through a gas inlet (51) at the monitoring system (100) for a breathing gas mixture (see Figures 1-8 and paragraph 0110);
a gas transport module (50) configured to feed defined quantities of the breathing gas mixture via the measuring line (10), from the measuring location through the gas inlet (51) at the monitoring system (100) (see Figures 1-8 and paragraph 0110);
a gas measuring device (60) (see paragraph 0110), the gas measuring device comprising:
a moisture sensor (59) configured to determine a moisture content in the breathing gas mixture (see Figure 5 and paragraphs 0061-0062, 0152 and 0153);
a pressure sensor (47,67) configured to determine a pressure level in the breathing gas mixture (see Figures 5-6 and paragraphs 0014, 0018-0019, 0029, 0151, 0153, 0155);
a temperature sensor (69) configured to determine a temperature of the breathing gas mixture (see Figure 5 and paragraphs 0007, 0011, 0063, 0149-0150 and 0153);
an infrared optical device (infrared optical gas sensor) (see paragraph 0153);
a control and analysis unit (70) configured to organize, to check, to control or to regulate a course of a measurement-based monitoring of the breathing gas supply (see Figures 1-8 and paragraphs 0012, 0110-0111), wherein the moisture sensor (59) is configured with the control and analysis unit (70) to determine a value that indicates a moisture content or a water content in the breathing gas mixture (see paragraphs 0061-0062, 0152 and 0153), wherein the pressure sensor (47,67) is configured in combination with the control and analysis unit (70) to determine a value that indicates a pressure level of the breathing gas mixture (paragraphs 0014, 0018-0019, 0029, 0151, 0153, 0155), wherein the temperature sensor (69) is configured in combination with the control and analysis unit (70) to determine a value, which indicates a temperature of the breathing gas mixture paragraphs 0007, 0011, 0063, 0149-0150 and 0153), wherein the infrared optical device is configured in combination with the control and analysis unit (70);
a memory (75) configured to store properties of different gases or gas mixtures, the memory (75) being connected to the control and analysis unit (70), wherein at least one data set of data, which indicates properties of different gases, gas mixtures or vapors, is stored in the memory (see paragraphs 0070, 0083, 0085, 0093 and 0140),
wherein at least one of the properties from the group of properties comprising: thermal conductivity (see paragraph 0007); is stored in the at least one data set at least for moisture contents in the breathing gas mixture and contents of the gases nitrogen, oxygen, carbon dioxide in the breathing gas mixture (see paragraphs 0011, 0061, 0083 and 0093), wherein the control and analysis unit (70) is configured to identify, based on the determined values, which indicate a moisture content or a water content in the breathing gas mixture, a temperature of the breathing gas mixture, a pressure level of the breathing gas mixture, situations of the thermal conductivity in the breathing gas mixture (see paragraph 0007 and 0153) and situations of the IR value in the breathing gas mixture, and based on the properties of different gases, gas mixtures or vapors, which properties are stored in the memory, a special state (alarm generation situation) in the breathing gas supply of the airplane pilot, in which special state there is at least one quantity of an additional gas component different from carbon dioxide, nitrogen, water vapor, moisture or oxygen present in the breathing gas mixture (hydrocarbons, carbon monoxide) (see paragraph 0007, 0009, 0011, 0030, 0061, 0070, 0083, 0085 and 0153), and wherein the control and analysis unit (70) is configured to provide an output signal (alarm) which indicates the special state that at least one quantity of an additional gas component different from carbon dioxide, nitrogen, water vapor, moisture and oxygen (hydrocarbons, carbon monoxide) is present in the breathing gas mixture (see paragraphs 0070, 0075 and 0153).
However, Gerder does not explicitly teach a thermoelectric device comprising thermocouples or thermopiles; an electromagnetic device comprising coils and magnetically conductive materials and arranged at the thermoelectric device; the infrared optical device comprising a radiation source, a measuring element and a reference element; wherein the electromagnetic device is configured in combination with the control and analysis unit to allow a magnetic field to act cyclically on the thermocouples or on the thermopiles, wherein the thermoelectric device is configured in combination with the control and analysis unit to carry out a determination of a thermal conductivity of the breathing gas and to determine a value that indicates situations of the thermal conductivity as a function of or without effect of the magnetic field on the quantities of breathing gas mixture fed by the gas transport module, wherein the infrared optical device is configured in combination with the control and analysis unit to carry out a measurement of an absorption of infrared radiation in the breathing gas mixture and to determine a value, which indicates situations of IR absorption in the breathing gas mixture.
Stark teaches a thermoelectric device (101) comprising thermopiles (64) (see Figure 10); an electromagnetic device comprising coils (52,56) (see Figure 10 and column 8, lines 4-6) and magnetically conductive materials (51,56) and arranged at the thermoelectric device (101) (see Figure 10 and column 7, lines 15-20, lines 40-54); wherein the electromagnetic device (101) is configured in combination with the control and analysis unit (control circuit, formed by the components 19, 21, 22, 23, 42, 71, 72, 73 and smoothing device 29) to allow a magnetic field to act cyclically on the thermopiles (see column 7, lines 59 through column 8, lines 6), wherein the thermoelectric device (101) is configured in combination with the control and analysis unit (control circuit, formed by the components 19, 21, 22, 23, 42, 71, 72, 73 and smoothing device 29) to carry out a determination of a thermal conductivity of the breathing gas (see column 8, lines 51-60) and to determine a value that indicates situations of the thermal conductivity as a function of or without effect of the magnetic field on the quantities of breathing gas mixture fed by the gas transport module (see Abstract, column 3, lines 20-31, column 8, lines 6-18, column 8, line 51 through column 9, line 10).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the monitoring system as taught by Gerder with a thermoelectric device comprising thermocouples or thermopiles; an electromagnetic device comprising coils and magnetically conductive materials and arranged at the thermoelectric device; the infrared optical device comprising a radiation source, a measuring element and a reference element; wherein the electromagnetic device is configured in combination with the control and analysis unit to allow a magnetic field to act cyclically on the thermocouples or on the thermopiles, wherein the thermoelectric device is configured in combination with the control and analysis unit to carry out a determination of a thermal conductivity of the breathing gas and to determine a value that indicates situations of the thermal conductivity as a function of or without effect of the magnetic field on the quantities of breathing gas mixture fed by the gas transport module, wherein the infrared optical device is configured in combination with the control and analysis unit to carry out a measurement of an absorption of infrared radiation in the breathing gas mixture and to determine a value, which indicates situations of IR absorption in the breathing gas mixture as taught by Stark. One would be motivated to make this combination in order to accurately measure the concentration of paramagnetic gases, especially oxygen, in breathing gas while producing a signal with a low noise ratio. Additionally, the thermoelectric device has the advantage in electrical modulation of the magnetic field of having no moving parts, such as cuvettes, and as a result has a virtually unlimited service life.
However, Gerder as modified by Stark does not explicitly teach the infrared optical device comprising a radiation source, a measuring element and a reference element; wherein the infrared optical device is configured in combination with the control and analysis unit to carry out a measurement of an absorption of infrared radiation in the breathing gas mixture and to determine a value, which indicates situations of IR absorption in the breathing gas mixture.
Dreyer teaches an infrared optical device (infrared optical gas analyzer) comprising a radiation source (6, 7), a measuring element (1, 2) and a reference element (reference filter/channel) (see paragraphs 0010-0012, 0015, 0031-0032); wherein the infrared optical device (infrared optical gas analyzer) is configured in combination with the control and analysis unit (13) to carry out a measurement of an absorption of infrared radiation in the breathing gas mixture and to determine a value, which indicates situations of IR absorption in the breathing gas mixture (see Abstract, paragraphs 0011-0013, 0020-0023, 0033 and 0035).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the infrared optical device as taught by the prior combination with a radiation source, a measuring element and a reference element; wherein the infrared optical device is configured in combination with the control and analysis unit to carry out a measurement of an absorption of infrared radiation in the breathing gas mixture and to determine a value, which indicates situations of IR absorption in the breathing gas mixture as taught by Dreyer. One would be motivated to make this combination in order to provide an infrared optical gas device having a compact design not prone to interference, that makes possible the simultaneous measurement and identification of a plurality of gases in a gas mixture, including identifying foreign gases that could be harmful to the user.
Regarding claim 2, Gerder further teaches wherein different properties of different additional fluids, gases or gas mixtures are stored in the memory (75) (see paragraphs 0082, 0085 and 0094).
Regarding claim 3, Gerder further teaches comprising an acceleration sensor mechanism (61) (see paragraph 0142); or an altitude sensor mechanism (58) (see paragraph 0147).
Regarding claim 4, Gerder further teaches additional data are stored in the memory, which indicate different properties of different fluids, gases, gas mixtures or vapors, the additional data comprising at least one of the following properties: density (see paragraphs 0011, 0061, 0083 and 0093).
Regarding claim 5, Gerder further teaches an input interface or an input unit (80) configured to input or select from among predefined situations or states of gases, gas mixtures or vapors in the breathing gas mixture (see paragraph 0077-0079, 0083 and 0140), wherein an input or a selection from among predefined situations or states at the input unit comprises a presence of at least one additional gas different from carbon dioxide, nitrogen, water vapor and/or oxygen in the gas mixture of the breathing gas supply (carbon monoxide, hydrocarbons) (see paragraphs 0083, 0085, 0140 and 0153), and wherein the control and analysis unit (70) is configured to include the selected situations or states and the data stored in the memory (80) in controlling and/or operating the monitoring system (100) during the application of upper and/or lower limit values, threshold values or alarm limits for situations that indicate the thermal conductivity and/or for situations of the IR value to quantities in the breathing gas mixture (see paragraphs 0007, 0011, 0083, 0085 and 0153).
Regarding claim 6, Gerder further teaches an output unit (alarm) configured to provide or to indicate the output signal and/or the states (see paragraph 0070 and 0085).
Regarding claim 7, Gerder as modified by Stark and Dreyer teaches all the limitations of claim 1, and further teaches wherein the control and analysis unit (control circuit, formed by the components 19, 21, 22, 23, 42, 71, 72, 73 and smoothing device 29; see Dreyer Figure 10) is configured to determine an oxygen concentration as a function of the effect of the magnetic field from the situation of the thermal conductivity in the breathing gas mixture (see Dreyer, column 6, lines 12-17, column 8, lines 7-18) and to make the determines oxygen concentration available as an additional output signal (see Dreyer, column 7, lines 4-13).
Regarding claim 8, Gerder teaches a process for monitoring a gas composition of a pilot’s breathing gas supply of an airplane pilot in airplanes or aircraft with determination of a special state in which foreign gas components (hydrocarbon, carbon monoxide) are present in a pilot’s breathing gas mixture of the pilot’s breathing gas supply, the process comprising the steps of:
detecting a current temperature level (see Figure 5 and paragraphs 0007, 0011, 0063, 0149-0150 and 0153) and a current moisture content in the pilot’s breathing gas mixture (see Figures 5 and paragraphs 0061-0062, 0152 and 0153);
detecting a current pressure level in the pilot’s breathing gas mixture (see Figures 5-6 and paragraphs 0014, 0018-0019, 0029, 0151, 0153, 0155);
feeding defined quantities of the pilot’s breathing gas mixture to a thermoelectric device (paramagnetic oxygen sensor) (see paragraph 0009);
feeding defined quantities of the pilot’s breathing gas mixture to an infrared optical device (infrared optical gas sensor) (see paragraph 0061 and 0153);
determining a special state (alarm generation situation) in the breathing gas supply of the airplane pilot to determine whether at least one additional gas component (hydrocarbon, carbon monoxide) different from carbon dioxide, nitrogen and/or oxygen is present in the pilot’s breathing gas mixture based on the current temperature level, the moisture content and of the pressure level in the pilot’s breathing gas mixture (see paragraphs 0007, 0009, 0030, 0061, 0069-0070, 0085 and 0153), the signals of the infrared optical device (see paragraph 0009) and based on properties stored in a memory (75) for different gases, gas mixtures or vapors including thermal conductivities (see paragraphs 0007, 0011, 0083, 0085 and 0153); and providing an output signal (alarm), which indicates the special state in the pilot’s breathing gas mixture of the pilot’s breathing gas supply (see paragraphs 0070, 0075 and 0153).
However, Gerder does not explicitly teach feeding defined quantities of the pilot’s breathing gas mixture to a thermoelectric device with cyclic magnetic field modulation; operating the thermoelectric device with cyclic magnetic field modulation with detection of thermovoltage signals without an influence of a magnetic field and under an influence of a magnetic field during the cyclic magnetic field modulation; separating a d.c. signal component and an a.c. voltage signal component of the thermovoltage signals; the infrared optical device comprising a measuring element and a reference element; operating the infrared optical device and detecting signals of the reference element and of the measuring element; determine whether at least one additional gas component different from carbon dioxide, nitrogen and/or oxygen is present in the pilot’s breathing gas mixture based on the thermovoltage signals of the thermoelectric device.
Stark teaches teach feeding defined quantities of the pilot’s breathing gas mixture to a thermoelectric device (101) with cyclic magnetic field modulation (see column 7, lines 59 through column 8, line 6); operating the thermoelectric device (101) with cyclic magnetic field modulation with detection of thermovoltage signals without an influence of a magnetic field and under an influence of a magnetic field during the cyclic magnetic field modulation (see column 7, lines 59 through column 8, lines 6); separating a d.c. signal component and an a.c. voltage signal component of the thermovoltage signals (see column 8, lines 12-18); and providing the thermovoltage signals of the thermoelectric device (see Abstract, column 3, lines 20-31, column 8, lines 6-18, column 8, line 51 through column 9, line 10).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the monitoring system as taught by Gerder with feeding defined quantities of the pilot’s breathing gas mixture to a thermoelectric device with cyclic magnetic field modulation; operating the thermoelectric device with cyclic magnetic field modulation with detection of thermovoltage signals without an influence of a magnetic field and under an influence of a magnetic field during the cyclic magnetic field modulation; separating a d.c. signal component and an a.c. voltage signal component of the thermovoltage signals; and providing the thermovoltage signals of the thermoelectric device by Stark to determine whether at least one additional gas component different from carbon dioxide, nitrogen and/or oxygen is present in the pilot’s breathing gas mixture based on the thermovoltage signals of the thermoelectric device. One would be motivated to make this combination in order to accurately measure the concentration of paramagnetic gases, especially oxygen, in breathing gas while producing a signal with a low noise ratio. Additionally, the thermoelectric device has the advantage in electrical modulation of the magnetic field of having no moving parts, such as cuvettes, and as a result has a virtually unlimited service life.
However, Gerder as modified by Stark does not explicitly teach the infrared optical device comprising a measuring element and a reference element; operating the infrared optical device and detecting signals of the reference element and of the measuring element.
Dreyer teaches the infrared optical device (infrared optical gas analyzer) comprising a measuring element (1, 2) and a reference element (reference filter/channel) (see paragraphs 0010-0012, 0015, 0031-0032); operating the infrared optical device (infrared optical gas analyzer) and detecting signals of the reference element and of the measuring element (see Abstract, paragraphs 0011-0013, 0020-0023, 0033 and 0035).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the infrared optical device as taught by the prior combination with the infrared optical device comprising a measuring element and a reference element; operating the infrared optical device and detecting signals of the reference element and of the measuring element as taught by Dreyer. One would be motivated to make this combination in order to provide an infrared optical gas device having a compact design not prone to interference, that makes possible the simultaneous measurement and identification of a plurality of gases in a gas mixture, including identifying foreign gases that could be harmful to the user.
Regarding claim 9, Gerder as modified by Stark and Dreyer teaches a process in accordance with claim 8, Gerder further teaches providing an output signal (alarm) which indicates the carbon dioxide concentration (see paragraphs 0070 and 0153).
However, Gerder as modified by Stark and Dreyer does not explicitly teach determining a carbon dioxide concentration in the pilot’s breathing gas mixture based on signals of the detection element and of the reference element and of the measuring element.
Dreyer teaches determining a carbon dioxide concentration in the pilot’s breathing gas mixture based on signals of the detection element and of the reference element and of the measuring element (see paragraphs 0011-0012, 0015 and 0037).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the infrared optical device as taught by the prior combination with the teach determining a carbon dioxide concentration in the pilot’s breathing gas mixture based on signals of the detection element and of the reference element and of the measuring element as taught by Dreyer. One would be motivated to make this combination in order to provide an infrared optical gas device having a compact design not prone to interference, that makes possible the simultaneous measurement and identification of a plurality of gases in a gas mixture, including identifying if the carbon dioxide concentration is within a safe limit.
Regarding claim 10, Gerder as modified by Stark and Dreyer teaches a process in accordance with claim 9, Gerder further teaches providing an output signal (alarm) which indicates the oxygen concentration (see paragraph 0070).
However, Gerder as modified by Stark and Dreyer does not explicitly teach determining an oxygen concentration in the pilot’s breathing gas mixture based on the thermovoltage signals with d.c. voltage signal component and a.c. voltage signal component following the signal separation of the thermovoltage signals.
Stark teaches further teaches determining an oxygen concentration in the pilot’s breathing gas mixture based on the thermovoltage signals with d.c. voltage signal component and a.c. voltage signal component following the signal separation of the thermovoltage signals (see column 8, lines 12-18).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the monitoring system as taught by the prior combination with determining an oxygen concentration in the pilot’s breathing gas mixture based on the thermovoltage signals with d.c. voltage signal component and a.c. voltage signal component following the signal separation of the thermovoltage signals as taught by Stark. One would be motivated to make this combination in order to accurately measure the concentration of paramagnetic gases, especially oxygen, in breathing gas while producing a signal with a low noise ratio. Additionally, the thermoelectric device has the advantage in electrical modulation of the magnetic field of having no moving parts, such as cuvettes, and as a result has a virtually unlimited service life.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANICE M SOTO whose telephone number is (571)270-7707. The examiner can normally be reached M-F 8:00am-4:00pm.
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/JANICE M SOTO/ Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855
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