DETAILED ACTION
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
The information disclosure statement (IDS) submitted on 11/04/2024 is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Regarding claim 1: “an surrounding” should read “a surrounding”.Appropriate correction is required.
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.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 3: It is unclear what is meant by “the joining protruding portion is provided corresponding to the flow passage portion as viewed from the gas introduction port”. This is not even interpretable as “the joining protruding portion overlaps the flow passage portion when viewed from a direction perpendicular to the facing surface portion” since instant FIG. 3b shows that the protrusion 84 and the flow passage 83 do not overlap “as viewed from the gas introduction port” nor “when viewed from a direction perpendicular to the facing surface portion”. From such a view, the protruding portion 84 is radially further away and non-overlapping with the indicated flow passage portion 83. As this limitation is unclear and the examiner is unable to ascertain the intent of the limitation, for the purposes of examination claim 3 is interpreted as “wherein the baffle member includes a joining protruding portion for joining with an inner surface of the housing”.
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 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sullivan et al. (US 20210293644 A1).Regarding claim 1:Sullivan teaches (e.g., FIGS. 5-6) a capacitive pressure sensor that measures pressure by detecting a change in capacitance between a diaphragm (502) and a fixed electrode (504) displaced by pressure, the capacitive pressure sensor comprising:
a housing (524) surrounding a pressure receiving surface of the diaphragm (502) to form a measurement chamber, the housing having a gas introduction port (526) for introducing a gas into the measurement chamber; and
a baffle member (614) provided in the measurement chamber, wherein the baffle member includes: a facing surface (bottom surface of 616) portion facing the gas introduction port; and a surrounding surface portion (e.g., the sloped / downward section in which the orifices 620 are formed + 618) provided closer to a side of the gas introduction port than the facing surface portion and surrounding a periphery of the gas introduction port, and
the surrounding surface portion includes a flow passage portion (the 620s) that allows a gas introduced from the gas introduction port to flow from an end portion on the side of the gas introduction port side toward a side of the diaphragm
Regarding claim 2:Sullivan teaches all the limitations of claim 1, as mentioned above.Sullivan also teaches:
wherein a plurality of the flow passage portions (FIG. 7 - 620s) is provided in a circumferential direction in the surrounding surface portion
Regarding claim 4:Sullivan teaches all the limitations of claim 1, as mentioned above.Sullivan also teaches (FIGS. 5-7):
wherein the housing (524) has a flat surface portion (bottom inside surface of 524 which has an opening therein for 526) in which the gas introduction port (526) is formed, and an end portion (FIG. 6 - 622 / outer side surface of 618 / the combination of both) of the surrounding surface portion on the side of the gas introduction port is provided in contact with the flat surface portion(FIG. 5; [0031]. The examiner notes that the end portion of Sullivan is in contact with the flat surface portion via the sidewalls of 524 -- i.e., the instant claim does not require direct contact)
Regarding claim 5:Sullivan teaches all the limitations of claim 1, as mentioned above.Sullivan also teaches:
wherein the housing includes an inner protruding portion (FIG. 19 - 1928) protruding inward from the baffle member on a side opposite to the gas introduction port with respect to the baffle member
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Sullivan et al. (US 20210293644 A1).Regarding claim 3, as best understood (see 112b rejection above):Sullivan teaches all the limitations of claim 1, as mentioned above.Sullivan also teaches:
wherein the baffle member includes a joining protruding portion (FIG. 6 - 622) for joining with an inner surface of the housing
This is made a 102/103 rejection instead of a 102 rejection due to claim 3 being unclear (see 112b rejection above).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan et al. (US 20210293644 A1) in view of Poulin et al. (US 6443015 B1).
Regarding claim 6:Sullivan teaches all the limitations of claim 1, as mentioned above.Sullivan fails to teach:
a baffle plate provided separately from the baffle member and interposed between the baffle member and the gas introduction portPoulin teaches (FIG. 1):
a baffle plate (28) provided separately from the baffle member (30) and interposed between the baffle member (30) and the gas introduction port (14)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the baffle plate of Poulin in the device of Sullivan to protect the diaphragm from potential particles or depositable molecules in the fluid being sensed.
Regarding claim 7:Sullivan and Poulin teach all the limitations of claim 6, as mentioned above.As combined in the claim 6 rejection above, Poulin teaches:
wherein a plurality of slits (FIGS. 1-2 -> 36) is formed in the baffle plate
Regarding claim 8:Sullivan and Poulin teach all the limitations of claim 7, as mentioned above.As combined in the claim 6 rejection above Sullivan and Poulin teach or render obvious:
wherein the plurality of slits is formed at positions different from the flow passage portion in the circumferential direction
When incorporating the baffle plate of Poulin into the device of Sullivan, one of ordinary skill in the art is left with only two identified, predictable solutions / ways for incorporation, each with a reasonable expectation of success: 1) having the plurality of slits being at the same circumferential position as the flow passage portion; or 2) having the plurality of slits being at different circumferential position(s) as the flow passage portion. See MPEP 2143 I (E). Additionally / alternatively, the slits of Poulin are numerous and small. FIG. 2 shows twelve circumferential groupings and the slits (36) increasing in circumferential distance the further they are radially from the center. Sullivan only shows three, larger fluid passage portions (FIGS. 6-7 -> 620s). As such, multiple sets of the slits of Poulin would be incapable of being aligned with any one or more of the flow passages of Poulin. I.e., comparing FIG 7 of Sullivan with FIG. 2 of Poulin shows that, at the very least, one circumferential grouping of the slits of Poulin would not align circumferentially with one of the flow passage portions of Sullivan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Herbert Keith Roberts whose telephone number is (571)270-0428. The examiner can normally be reached 10a - 6p MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at (571) 272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HERBERT K ROBERTS/Primary Examiner, Art Unit 2855
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