DETAILED ACTION
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.
Claim(s) 1, 3-5 and 7-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pfauch et al. (US 2011/0107857).
Claims 1 and 4. Pfauch et al. teach a sensor arrangement configured for being connected in a fluid path of a system for measuring at least one property of fluid transferred through the fluid path (probe system 1 connected to processor container 4 for measuring pH of fluid in the container 4; [0075][0012] and Fig 2), said sensor arrangement comprising:
an elongated sensor probe (measuring probe 16) comprising a sensor element in an end portion of the sensor probe (measuring head 17 in the end portion of measuring probe 16; see Fig 2)
a probe housing (probe body 6) which is connected to the sensor probe such that the sensor probe is protruding through the probe housing (probe body 6 comprises measuring probe 16 such that it protrudes through the probe body; see Fig 2), said probe housing comprising:
a fluid chamber which is surrounding at least a part of said sensor probe (immersion tube 8 surrounds measuring probe 16; [0080]),wherein said fluid chamber is arranged in relation to said sensor probe such that the fluid chamber can be moved along the sensor probe into at least two different positions comprising a process position in which the sensor element in the sensor probe is extending outside the fluid chamber and a service position in which the sensor element is surrounded by the fluid chamber (immersion tube is configured to move relative to measuring probe in the measuring position in which the measuring head is extending outside the immersion tube and retracted to first treatment position in which measuring head is surrounded by the immersion tube; see Figs 2 and 3 and [0085][0087]);
a first port connected to the fluid chamber and configured for being connected to an external fluid providing device (connection nozzle 13 is connected to first treatment chamber 10 of immersion tube to supply external fluid; [0085][0087] and Fig 3); and
a second port connected to the fluid chamber and configured for allowing air to pass in and out from the fluid chamber (connection nozzle 14 is connected to immersion tube and could be configured to supply and drain gas [0093][0076] and Fig 1); and
a fluid path connection block comprising an internal fluid path having an inlet (23 a) and an outlet (23b) configured for connection to the fluid path of the system in which said sensor arrangement is to be used (process container 4 shaped in pipe conveying fluid to monitored inherently has an internal fluid path, an inlet and outlet and is configured to be connected to probe system 1; [0003] and Fig 2), said fluid path connection block further comprising a receiving unit for receiving the probe housing and the sensor probe such that the sensor element is positioned in the internal fluid path of the fluid path connection block (process container comprises space to receive probe such that measuring head is positioned in the internal fluid path; see Fig 2), said fluid path connection block further comprising a fluid chamber closing part which together with a surrounding wall of the fluid chamber will close the fluid chamber around the sensor element when the fluid chamber is provided in the service position (process container comprises sealing element 29 which together the wall of immersion tube 8 will close the fluid gap when the immersion probe is in first treatment position; [0087]).
Claim 3. Pfauch et al. teach the first port (15) is connected to a first end part (13a) of the fluid chamber (13), which first end part (13a) is provided in the end of the fluid chamber (13) provided closest to the sensor element (5), whereby said first port (15) comprises an extended tube (15a) which connects the first end part (13a) of the fluid chamber (13) with a port connector (15b) of the first port (15) (connection nozzle 13 is connected to immersion tube 8 at the first end part to deliver fluid therein which is closest to the measuring head 17; see Fig 3, the connection nozzle 13 comprises extended transport line 15 which connect first end of the immersion tube with a connector i.e. small shaded region of connection nozzle; see Fig 3).
Claim 5. Pfauch et al. teach the internal fluid path (23) of the fluid path connection block (21') allows fluid to pass between the inlet (23a) and the outlet (23b) of the internal fluid path (23) in both the process position and the service position of the fluid chamber (13) (the fluid path of process container 4 shaped in pipe conveying fluid is open to inlet and outlet during the measurement position and first treatment position; [0085][0087].
Claim 7. Pfauch et al. teach the service position of the fluid chamber (13) the sensor element (5) can be both calibrated, cleaned and stored in a service fluid provided to the fluid chamber (13) via the first port (15) (first treatment position is calibrated, washed and stored in calibration fluid; [0088]).
Claim 8. Pfauch et al. teach the surrounding wall (14) comprises a sealing device (24) which is configured for sealing to the fluid chamber closing part (27) in the service position and around the sensor probe (3) in the process position (process container comprises sealing element 29 which together the wall of immersion tube 8 will close the fluid gap when the immersion probe is in first treatment position; [0087]).
Claim 9 is/are considered product-by-process claim. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Claim 10. Pfauch et al. teach said second port (17) is connected to a second end part (13b) of the fluid chamber (13), which second end part (13b) is the opposite end to the first end part (13a) of the fluid chamber (13) (connection nozzle 14 is connected to immersion tube at the second end part which is opposite to first end part where nozzle 13 is connected [0093][0076] and see Fig 1).
Claim 11. Pfauch et al. teach sensor probe (3) is releasably provided in the probe housing (11) (the measuring probe is axially movable in the body 6; [0008]).
Claim 12. Pfauch et al. teach at least one part thereof is sterilized (in the first treatment position, the measuring head is sterilized; [0088]).
Claim 13. Pfauch et al. teach the system is a bioprocessing system (the probe system could be used in pharmaceutical or food processes; [0002]).
Claim 14. Pfauch et al. teach a probe housing (probe body 6) which is configured to be used in a sensor arrangement (probe system 1) according to claim 1, wherein said probe housing is configured for being connected to the sensor probe of the sensor arrangement such that the sensor probe is protruding through the probe housing, said probe housing (probe body 6 comprises measuring probe 16 such that it protrudes through the probe body; see Fig 2) comprising:
a fluid chamber which is surrounding at least a part of said sensor probe (immersion tube 8 surrounds measuring probe 16; [0080]),wherein said fluid chamber is arranged in relation to said sensor probe such that the fluid chamber can be moved along the sensor probe into at least two different positions comprising a process position in which the sensor element in the sensor probe is extending outside the fluid chamber and a service position in which the sensor element is surrounded by the fluid chamber (immersion tube is configured to move relative to measuring probe in the measuring position in which the measuring head is extending outside the immersion tube and retracted to first treatment position in which measuring head is surrounded by the immersion tube; see Figs 2 and 3 and [0085][0087]);
a first port (15) connected to the fluid chamber (13) and configured for being connected to an external fluid providing device (16a) and/or an external suction device (16b) (connection nozzle 13 is connected to first treatment chamber 10 of immersion tube to supply external fluid; [0085][0087] and Fig 3); and
a second port connected to the fluid chamber and configured for allowing air to pass in and out from the fluid chamber (connection nozzle 14 is connected to immersion tube and could be configured to supply and drain gas [0093][0076] and Fig 1),
wherein said probe housing (11) is configured to be received in the receiving unit (25) of the fluid path connection block of the sensor arrangement such that the sensor element (5) of the sensor probe (3) is positioned in the internal fluid path (23) of the fluid 7 path connection block (process container comprises space to receive probe such that measuring head is positioned in the internal fluid path; see Fig 2) and wherein a surrounding wall (14) of said fluid chamber (13) is configured to, together with the fluid chamber closing part (27) of the fluid path connection block (21), close the fluid chamber (13) around the sensor element when the fluid chamber (13) is provided in the service position (process container comprises sealing element 29 which together the wall of immersion tube 8 will close the fluid gap when the immersion probe is in first treatment position; [0087]).
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.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pfauch et al. (US 2011/0107857).
Claims 15 and 16. Pfauch et al. teach a method for performing a service process of a sensor element (5) in a sensor arrangement (1; 1') according to claim 1, when said sensor arrangement is connected to a fluid path of a system (method of calibrating/washing of a measurement head in probe system 1, wherein probe system is connected to fluid container 4; see Fig 2 and [0087][0088]), said method comprising the steps of
a) moving (101) the fluid chamber (13) into the service position (retracting the immersion tube into first treatment chamber position; [0087]);
b) providing (102) a service fluid into the fluid chamber (13) from an external fluid providing device (16a) via the first port (15) and performing the service process (providing washing/rinsing/calibrating fluid into the immersion tube from external fluid pipe via connection nozzle 13; [0088][0085][0023] and Fig 3);
c) removing (103) the service fluid from the fluid chamber (13) by an external suction device (16b) (draining fluid from the immersion tube through nozzle 12; [0088]); and
e) moving (105) the fluid chamber (13) back to the process position (after the sterilization or calibration, the immersion probe is placed back into the measuring position; [0052][0053].
Pfauch et al. teach providing fluid into the immersion tube via connection nozzle 13 using a port and draining using nozzle 14 using a different port. Pfauch do not explicitly teach injecting and draining the fluid from immersion tube via one port. However, Pfauch et al. teach use of same line for input and draining the fluid in the second treatment position [0018], thus one of ordinary skill in the art could be motivated to use same line/port to inject and drain fluid in order to provide simpler assembly. Pfauch et al. do not teach possibly repeating (104) steps b) and c) during the service process. However, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention in view of Pfauch et al. teaching to repeat steps b and c in order to wash, sterilize and calibrate the probe prior to repeating the measurement step.
Allowable Subject Matter
Claims 2 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the cited prior art, Pfauch et al. do not teach fluid chamber closing part comprises a protruding plug provided in the internal fluid path around which said surrounding wall of the fluid chamber fits and seals when the fluid chamber is provided in the service position. Pfauch et al. also do not each fluid chamber seals the internal fluid path such that fluid is prevented from passing between the inlet and outlet of the internal fluid path during the process position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schlereth et al. (US 2011/0189050) teach probe system comprising an immersion tube axially shiftable between a measuring position and a treatment position in a treatment chamber (see Fig 3).
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/GURPREET KAUR/
Primary Examiner
Art Unit 1759
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