Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 8, the limitation “A program for making a computer of an internal temperature measurement device” is unclear. Examiner cannot determine if this is a software program. For the purpose of examination, it is read as, “A system for an internal temperature measurement device.” Correction is required.
Allowable Subject Matter
Claims 1-7 are allowed.
Claim 8 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 1, the closest prior art Lundström et al (US 20190285488 A1) discloses an internal temperature measurement device (heat flux sensor system) comprising: a thermo-electric element (10) for measuring a heat flux (Abstract) from an internal position of an object (Abstract) to be measured, a temperature sensor (para [0042]) for measuring temperature of a face of the thermo-electric element (10) at a side of the object (para [0042]) to be measured, a measurement part (Fig.3; para [0056]) for outputting a first heat flux amount (para [0055]; equation 2) measured by the thermo-electric element (10), a first temperature (ex: reference temperature Tr) measured by the temperature sensor (13) at the first heat flux amount (para [0055]; equation 2); the thermo-electric element (10) and a second temperature (ex: body temperature Tc) measured by the temperature sensor (13); and a controller part (ex: microprocessor) for obtaining the internal temperature of the object (claim 1) to be measured based on the first heat flux amount (para [0055]; equation 2), the first temperature (reference temperature Tr), and the second temperature input (body temperature Tc) from the measurement part (Fig.3; para [0056])).
Igawa et al (US 20220042856 A1) discloses a temperature sensor unit with a plurality of temperature sensors and two heat flux sensors used for measuring a body core temperature of an object.
The prior art alone or in combination fails to explicitly disclose using a single heat flux sensor to measure a second heat flux amount different from the first heat flux amount and using the second heat flux amount with first heat flux amount, the first temperature and the second temperature input to obtain the internal temperature of the object in combination with the remaining limitations of the claim.
Claims 7 and 8 are likewise allowable since they share the above limitations. The remaining claims are allowable due to their dependency.
Conclusion
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/MIREILLE S SADATE-MOUALEU/ Examiner, Art Unit 2855
/PETER J MACCHIAROLO/ Supervisory Patent Examiner, Art Unit 2855
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