DETAILED ACTION
Claims 1 – 10 are pending in the present application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 6-7 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Sisk et al. (US 20070100253; hereinafter Sisk).
Regarding claim 1, Sisk teaches a probe tip (abstract; [0005]; see figs. 9, 11, 13 and 16), comprising:
a first portion (127 / 127’’’; see at least fig. 11) configured to connect to a sensing assembly (see at least fig. 9; [0054]), the first portion having a first width in a direction normal to a central axis of the probe tip (width of 127 – side to side as drawn; see fig. 11 where the central axis of the probe tip is denoted by the dashed line), the first portion also having a first internal cavity (146) that includes at least a portion of the central axis of the probe tip (see fig. 13 in view of fig. 11 showing this configuration well);
a second portion connected to the first portion (at least 125 / 157 with constituent portions; see figs. 11 and 13 showing this connectivity), the second portion having a second width in a direction normal to the central axis of the probe tip (width of outer portion of 125; see at least fig. 11), the second width being larger than the first width (see fig. 11 showing this wider second width) and defining an external surface of the second portion configured to engage with an external object ([0047] teaches that the tip engages with an external object – i.e. a patient- and is thereby heated allowing the object’s temperature to be measured); and
a temperature sensing element (135 – thermistor; [0058]) configured to generate a sensing signal representing a temperature of the external object (see at least [0045]), the temperature sensing element being secured to an internal surface of the second portion (see figs. 11 and 13 showing this configuration), the internal surface being opposite and in thermal communication with the external surface (see figs. 11 and 13 showing this configuration).
Regarding claim 2, Sisk teaches that the temperature sensing element includes one or more of: a thermistor, a thermocouple, or a resistance temperature detector (RTD) (at least [0058] teaches that 135 is a/the “tip thermistor”).
Regarding claim 6, Sisk teaches a third portion (at least tube 126) connected to the first portion (see fig. 11 where elements 126 and 127 are shown to be connected; see [0057]), the third portion having a third width in a direction normal to the central axis of the probe tip (see fig. 11 showing this width -side to side as drawn-), the third width being larger than the first width ([0057] “element 127 received in the distal end of the tube 126” – i.e. a width in the direction normal to the central axis of 126 is larger than a width in the same direction as element 127).
Regarding claim 7, Sisk teaches that the third portion also has a second internal cavity ([0057] teaches that element 126 is a tube which at least partially encloses element 127 in its interior cavity) adjacent (please note that the term adjacent is being interpreted in the normal sense as near, next to or sharing a boundary) to the first internal cavity of the first portion (see at least fig. 11 showing this adjacency) that includes at least a portion of the central axis of the probe tip (see at least fig. 11 showing this central axis inclusion in the tube 126 where the dashed line is on the central axis).
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 3-5, 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sisk et al. (US 20070100253; hereinafter Sisk) in view of Rud et al. (US 20200103287; hereinafter Rud).
Regarding claim 3, Sisk teaches that the temperature sensing element includes a sensitive element having a planar orientation (see at least figs. 11 and 13 showing a planar – with respect to the general direction of measurement- orientation), the probe tip further comprising one or more conductors ([0049] “tip thermistor 35 generates a signal that is representative of the temperature of the tip 25. The signal is transmitted by a conductor in the flex circuit substrate 33 to the circuitry”; see at least fig. 7 showing this configuration).
Sisk does not directly and specifically state that the sensitive element is specifically a resistance temperature detector (RTD).
However, Rud teaches regarding a process fluid temperature estimation system (abstract) for “providing non-invasive process fluid temperature” ([0007]) estimations / measurements having “temperature sensitive elements, such as resistance temperature devices (RTDs)” ([0025]; see also [0039] “Sensing elements 410 and 412 are preferably RTD's”).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensitive element(s) of Sisk with the specific knowledge of using the RTDs of Rud. This is because RTDs allow for direct and understood measurement of temperature. This is important in order to provide design indicated temperature measurement functionality with a known temperature sensitive element.
Regarding claim 4, Sisk teaches planar orientation of the temperature sensitive element (see at least figs. 11 and 13 showing a planar – with respect to the general direction of measurement- orientation).
Sisk does not directly and specifically state regarding the one or more conductors extending from the RTD into the first internal cavity of the first portion in a direction substantially perpendicular to the orientation of the RTD.
However, Rud teaches regarding a process fluid temperature estimation system (abstract) for “providing non-invasive process fluid temperature” ([0007]) estimations / measurements having “temperature sensitive elements, such as resistance temperature devices (RTDs)” ([0025]; see also [0039]) which have conductors (at least wires; [0039] “RTD's and are connected to wires running through the length of sensor capsule 406 to be coupled to measurement circuitry 228”) running perpendicular to the surface of the RTD(s) (see fig. 5A showing this orientation).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the planar temperature sensitive element(s) of Sisk with the specific knowledge of using the RTDs having perpendicular conductors extending therefrom of Rud. This is because RTDs allow for direct and understood measurement of temperature and conductors / wires allow for transferring the measurement signals out of the sensor ([0039] of Rud). This is important in order to provide temperature measurement signals to measurement circuitry.
Regarding claim 5, Sisk lacks direct and specific teaching regarding potting material in the first internal cavity of the first portion that encompasses the RTD and the one or more conductors.
However, Rud teaches regarding a process fluid temperature estimation system (abstract) for “providing non-invasive process fluid temperature” ([0007]) estimations / measurements having “temperature sensitive elements, such as resistance temperature devices (RTDs)” ([0025]; see also [0039]) which have conductors (at least wires; [0039]) running perpendicular to the surface of the RTD(s) (see fig. 5A showing this orientation) which are encompassed / encapsulated by epoxy / potting material (414; [0042] “epoxy or some other suitable encapsulation 414”; see fig. 5B).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the planar temperature sensitive element(s) of Sisk with the specific knowledge of using the RTDs having perpendicular conductors extending therefrom and encapsulated in the epoxy / potting material of Rud. This is because encompassing / encapsulating RTD(s) and wires / conductors “ensures that temperature sensitive elements … remain secured … and also helps to provide strain relief where the lead wires of each individual temperature sensitive element attach to the temperature sensitive element.” ([0042] of Rud). This is important in order to provide temperature measurement signals to measurement circuitry in a secure manner.
Regarding claim 8, Sisk teaches regarding a spring configured to force the external surface of the second portion toward the external object ([0058] “the probe shaft element 127 is selected so that this deformation is resiliently resisted. Thus, the end surface 152 acts as a spring for forcing the portion of the head 157 opposite the tip thermistor 135 against a central region 179 of the tip 125, providing good thermal contact.”; see fig. 9).
Sisk lacks direct and specific teaching regarding that the second internal cavity is the cavity configured to receive the spring.
However, Rud teaches regarding a process fluid temperature estimation system (abstract) for “providing non-invasive process fluid temperature” ([0007]) estimations / measurements having “temperature sensitive elements, such as resistance temperature devices (RTDs)” ([0025]; see also [0039]) which also has a spring (208; [0025]) in a cavity (see fig. 1 showing via a diagrammatic view that the spring is in a cavity back from the tip of the probe and inside such further back cavity).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the planar temperature sensitive element(s) with a spring for biasing the sensor(s) toward the external object of Sisk with the specific knowledge of using the spring located further away from the measurement area which also acts to press the sensor toward the external object of Rud (see Rud at [0025] “sensor capsule 206 that is forced against external diameter 116 of pipe 100 by spring 208”). This is because such a sensor location allows for providing the urging toward the external object to be accomplished away from the tip. This is important in order to provide additional space at the tip and also to prevent unwanted heat flows through the spring.
Regarding claim 10, Sisk lacks teaching that the probe tip has a surface area adapted to contact a conduit to capture a temperature reading without breaching the conduit.
However, Rud teaches regarding a process fluid temperature estimation system (abstract) for “providing non-invasive process fluid temperature” estimations / measurements ([0007]) where these non-invasive / non-breaching measurements are for a conduit (see at least abstract teaches that “sensor capsule has an end that is configured to contact the external surface of the process fluid conduit to form an interface having a contact region”; see at least fig. 6 where [0043] teaches regarding “a curved end to match the curvature of a selected process fluid conduit”).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor of Sisk with the specific knowledge of using the non-invasive temperature measurement for a conduit of Rud. This is because such measurement of a fluid conduit non-invasively does not require any aperture or port to be defined in the conduit ([0003] of Rud). This is important in order to provide an end user the functionality of the temperature measurement at “virtually any location along the conduit” ([0003] of Rud).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sisk et al. (US 20070100253; hereinafter Sisk) in view of Hayasaki et al. (US 20140239147, hereinafter Hayasaki).
Regarding claim 9, Sisk lacks teaching that the probe tip is formed of nickel-plated aluminum.
However, Hayasaki teaches a temperature sensor (abstract; [0052]; element 20) in a sensor-housing case in the shape of a cap (17; [0052]; [0054-55]) using a “metal material with high thermal conductivity” ([0054]) and where the material has “high corrosion resistance” ([0055]) such as “a cap made with nickel-plated aluminium can be used” (emphasis added; [0055]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the probe tip / cap for a temperature sensor of Sisk with the specific knowledge of using the known material nickel-plated aluminium (aluminum in US English spelling) for a sensor housing / cap of Hayasaki. This is because such a nickel-plated aluminium cap/tip allows for conducting heat to the temperature sensor via a material with high thermal conductivity and corrosion resistance. This is important in order to provide an accurate and robust temperature sensor to an end user.
Further, it has been held to be within the general skill of a worker in the art to select a known material (here nickel-plated aluminum) on the basis of its suitability for the intended use (corrosion resistance; high thermal conductivity for the cap/tip of a temperature probe) as a matter of obvious design choice (see MPEP 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
See especially:
Pradun et al. (US 20220283038); abstract and fig. 5B.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/ Supervisory Patent Examiner, Art Unit 2855
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