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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a fluid channel with individual channel” (Claims 16, 29) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 11-17, 23-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (5,015,091) in view of WO 2020/221577.
Claim 11
Suzuki et al. (5,015,091) discloses a measuring apparatus (Fig. 1, Ref. A) for determining the concentration of constituents in a fluid by refractometry (Fig. 1, Ref. 64a, 64b refractive plane), wherein the fluid present for measuring is guided through a sample chamber (Fig. 1, Ref. 56; fuel passageway), which is connected to a fluid inlet (Fig. 1, Ref. 56a; fuel inlet port) and a fluid outlet (Fig. 1, Ref. 56b; fuel outlet port) and which is at least partially transparent (Fig. 1, Ref. 51; transmission body) such that the beams of a light source (Fig. 1, Ref. 54) passing through the sample chamber (Fig. 1, Ref. 56) containing the fluid at least partially experience a refraction (Fig. 1, Ref. 64a, 64b refractive plane) and can be detected by a sensor (Fig. 1, Ref. 65) outside the sample chamber (Fig. 1, Ref. 56).
Suzuki et al. (5,015,091) substantially teaches the claimed invention except that it does not show the fluid being a cooling lubricant or HFC hydraulic liquid. WO 2020/221577 shows that it is known to provide determining the quality of a cooling lubricant for a device measuring refractometry. It would have been obvious to modify the device of Suzuki et al. (5,015,091) with the cool lubricant of WO 2020/221577 before the effective filing date of the claimed invention for the purpose of ensuring the coolant is within its designed concentration range, which is critical for maintaining machining quality, protecting equipment, and controlling operating costs.
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Claim 12
Suzuki et al. (5,015,091) discloses the sample chamber (Fig. 1, Ref. 56) is delimited on its side facing the sensor (Fig. 1, Ref. 65) by a translucent wall (Fig. 1, Ref. 64b); and wherein the light source (Fig. 1, Ref. 54) is received in a receiving chamber (Fig. 7, Ref. 66; holder) of an apparatus housing (Fig. 1, Ref. 52; casing) and fluid flows (fuel) at least partially over said light source (Fig. 1, Ref. 54) before entering the sample chamber (Fig. 1, Ref. 56).
Claim 13
Suzuki et al. (5,015,091) discloses light is emitted from the light source (Fig. 1, Ref. 54) at an oblique angle (Fig. 1, Ref. 64a; 56; light is at an angle to the passageway) to the fluid flow direction in the sample chamber (Fig. 1, Ref. 56); and wherein a two-dimensional extension of the sensor (Fig. 1, Ref. 65; CCD; Col. 7, lines 34-36) and its position with respect to the light source (Fig. 1, Ref. 54) are selected such that, in the event of transmitted light (Fig. 1, Ref. 61) and in the event of eventual glancing incidence of light beams at different angles, these are detected by the sensor (Fig. 1, Ref. 65; CCD would detect light at different angles).
Claim 14
Suzuki et al. (5,015,091) discloses the sensor (Fig. 1, Ref. 65) is part of a sensor chamber (Fig. 1, Ref. 52) of a sensor housing (Fig. 1, Ref. 52), which is filled with a gas (air surrounding sensor), and creates a spatial distance between the sample chamber (Fig. 1, Ref. 56) with its translucent wall (Fig. 1, Ref. 64b) and the sensor surface of the sensor (Fig. 1, Ref. 65).
Claim 15
Suzuki et al. (5,015,091) discloses viewed in a notional vertical projection, the light source (Fig. 1, Ref. 54) is arranged at the start of the sample chamber (Top of Ref. 51) and the beginning of the sensor (Fig. 1, Ref. 65) is arranged at the end of the sample chamber (Bottom of Ref. 51).
Claim 16
Suzuki et al. (5,015,091) a fluid channel with individual channel (Fig. 1, Ref. 56 shows an individual channel) portions runs at least partially between the fluid inlet (Fig. 1, Ref. 56a) and the fluid outlet (Fig. 1, Ref. 56b) in a supply housing (Fig. 1, Ref. 52).
Claim 17
Suzuki et al. (5,015,091) discloses an entire housing of the apparatus is composed of individual housing parts (See Fig. 4), consisting of the supply housing containing parts of the fluid channel (Fig. 1, Ref. 51), the apparatus housing containing the light source (Fig. 1, Ref. 54) and the sensor housing containing the sensor (Fig. 1, Ref. 65).
Claim 23
Suzuki et al. (5,015,091) discloses light is emitted from the light source (Fig. 1, Ref. 54) at an oblique angle to the fluid flow direction in the sample chamber (Fig. 1, Ref. 56); and wherein a two-dimensional extension of the sensor (Fig. 1, Ref. 65, CCD) and its position with respect to the light source (Fig. 1, Ref. 54) are selected such that, in the event of transmitted light and in the event of eventual glancing incidence of light beams at different angles, these are detected by the sensor (Fig. 1, Ref. 65; CCD is going to detect different angles).
Claim 24
Suzuki et al. (5,015,091) discloses the sensor (Fig. 1, Ref. 65) is part of a sensor chamber (Fig. 1, Ref. 52) of a sensor housing (Fig. 1, Ref. 52), which is filled with a gas (air surrounding sensor), and creates a spatial distance between the sample chamber (Fig. 1, Ref. 56) with its translucent wall (Fig. 1, Ref. 64b) and the sensor surface of the sensor (Fig. 1, Ref. 65).
Claim 25
Suzuki et al. (5,015,091) discloses the sensor (Fig. 1, Ref. 65) is part of a sensor chamber (Fig. 1, Ref. 52) of a sensor housing (Fig. 1, Ref. 52), which is filled with a gas (air surrounding sensor), and creates a spatial distance between the sample chamber (Fig. 1, Ref. 56) with its translucent wall (Fig. 1, Ref. 64b) and the sensor surface of the sensor (Fig. 1, Ref. 65).
Claim 26
Suzuki et al. (5,015,091) discloses viewed in a notional vertical projection, the light source (Fig. 1, Ref. 54) is arranged at the start of the sample chamber (Top of Ref. 51) and the beginning of the sensor (Fig. 1, Ref. 65) is arranged at the end of the sample chamber (Bottom of Ref. 51).
Claim 27
Suzuki et al. (5,015,091) discloses viewed in a notional vertical projection, the light source (Fig. 1, Ref. 54) is arranged at the start of the sample chamber (Top of Ref. 51) and the beginning of the sensor (Fig. 1, Ref. 65) is arranged at the end of the sample chamber (Bottom of Ref. 51).
Claim 28
Suzuki et al. (5,015,091) discloses viewed in a notional vertical projection, the light source (Fig. 1, Ref. 54) is arranged at the start of the sample chamber (Top of Ref. 51) and the beginning of the sensor (Fig. 1, Ref. 65) is arranged at the end of the sample chamber (Bottom of Ref. 51).
Claim 29
Suzuki et al. (5,015,091) a fluid channel with individual channel (Fig. 1, Ref. 56 shows an individual channel) portions runs at least partially between the fluid inlet (Fig. 1, Ref. 56a) and the fluid outlet (Fig. 1, Ref. 56b) in a supply housing (Fig. 1, Ref. 52).
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.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (5,015,091) in further view of CN114018871.
Claim 18
Suzuki et al. (5,015,091) substantially teaches the claimed invention except that it does not show said apparatus is connected via a switchable valve to a pressure supply device, such as a hydraulic pump, which takes its fluid from a storage tank, which hydraulically supplies machining equipment as a load, said machining equipment being connected with its inlet side via a branch to a fluid line between the hydraulic pump and the switchable valve, and wherein the outlet side of the machine equipment emerges into a return line at a branch point, which is connected to the fluid outlet in the supply housing and leads to the storage tank. CN114018871 shows that it is known to provide a switchable valve (Fig. 5, Ref. 41; check valve) to a pressure supply device (Fig. 1, Ref. 32; conveying pump), such as a hydraulic pump, which takes its fluid from a storage tank (Fig. 5, Ref. 44; storage tank), which hydraulically supplies machining equipment as a load, said machining equipment being connected with its inlet side (Fig. 5, left side of Refractometer Ref. 1) via a branch to a fluid line between the hydraulic pump (Fig. 5, Ref. 32) and the switchable valve (Fig. 5, Ref. 41), and wherein the outlet side (Fig. 5, Right side of Ref. 1) of the machine equipment emerges into a return line at a branch point (intersection of lines in Fig. 5), which is connected to the fluid outlet in the supply housing and leads to the storage tank (Fig. 5, Ref. 44) for a refractometer device. It would have been obvious to modify the device of Suzuki et al. (5,015,091) with the fluid lines listed above with that of CN114018871 before the effective filing date of the claimed invention for the purpose of providing flow paths that efficiently move fluid to the refractometer, therefore providing improved real-time data collection of the fluid.
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Claim 19
Suzuki et al. (5,015,091) substantially teaches the claimed invention except that it does not show a further switching valve is connected in the portion of the return line between the fluid outlet in the supply housing and the branch point into which the outlet side of the machine equipment emerges. CN114018871 shows that it is known to provide a further switching valve (Fig. 5, Ref. 41; multiple valves) is connected in the portion of the return line (Fig. 5, Ref. 42) between the fluid outlet in the supply housing (Fig. 1, Ref. 1) and the branch point into which the outlet side of the machine equipment emerges (See Fig. 5) for a refractometer device. It would have been obvious to modify the device of Suzuki et al. (5,015,091) with the switching valves of CN114018871 before the effective filing date of the claimed invention for the purpose of providing controllability of the fluid flow, therefore improving the efficiently of the fluid flow.
Claim 20
Suzuki et al. (5,015,091) substantially teaches the claimed invention except that it does not show a third and a fourth switching valve is in each case connected to the supply line to the fluid inlet and to the return line from the fluid outlet, said switching valves serving to supply or remove a flushing medium. CN114018871 shows that it is known to provide a third and a fourth switching valve is in each case connected to the supply line to the fluid inlet and to the return line from the fluid outlet, said switching valves serving to supply or remove a flushing medium for a refractometer device. It would have been obvious to modify the device of Suzuki et al. (5,015,091) with the multiple switching valves of CN114018871 before the effective filing date of the claimed invention for the purpose of providing more controllability of the fluid flow, therefore improving the efficiently of the fluid flow.
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (5,015,091).
Claim 21
Suzuki et al. (5,015,091) discloses the claimed invention except for the light source is a laser. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to modify Suzuki et al. (5,015,091) with a laser since it was well known in the art that using a laser would provide high-precision, accurate, and stable measurements of a substance, therefore improving the overall measurement. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 22
Suzuki et al. (5,015,091) discloses the claimed invention except for the translucent wall is in the form of a glass wall. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to modify Suzuki et al. (5,015,091) with a glass wall since it was well known in the art that using a glass wall improves and creates a stable known optical interface for measuring the refraction of light. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Allowable Subject Matter
Claim 31 is allowed over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 31, the prior art fails to disclose or make obvious said apparatus is connected via a switchable valve to a pressure supply device, which takes its fluid from a storage tank, which hydraulically supplies machining equipment as a load, said machining equipment being connected with its inlet side via a branch to a fluid line between the hydraulic pump and the switchable valve; and wherein the outlet side of the machine equipment emerges into a return line at a branch point, which is connected to the fluid outlet in the supply housing and leads to the storage tank, and in combination with the other recited limitations of claim 31.
Response to Arguments
Applicant’s arguments, see remarks, filed June 17, 2026, with respect to the rejection(s) of claim(s) 11-20, 23-29 under USC 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Suzuki et al. (5,015,091) in view of WO 2020/221577.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 August 20, 2026
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