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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The area to volume ratio ranging from 44000 to 46000 recited in claim 2, in combination with the cylindrical-shaped body having a through passage recited in claim 1. The specification discloses an area to volume ratio of 44000 to 46000 only in connection with an ellipsoid-shaped embodiment of the temperature sensing element (see para [0076]), which does not include a through passage. The specification’s disclosed area to volume ratio for the cylindrical-shaped embodiment having a through passage is 37800 to 39800 (see para [0077]). Accordingly, the specification does not reasonably convey that the inventor had possession, at the time of filing, of a temperature sensing element combining a cylindrical body with a through passage and an area to volume ratio of 44000 to 46000.
Claims 1 – 4 are 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.
Claim 1 recites, in the preamble, “A thermal conductivity detector device,” and
subsequentially recites “a device forming a chamber, the chamber defining an inlet channel and an outlet channel.” It is unclear whether “a device forming a chamber” refers back to the thermal conductivity detector device of the preamble, or introduces a second, separate device. Clarification is required.
Claim 3 recites the limitation “the fluid impingement area of the body” in line 1 and the limitation "the inner surface of the body" in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 4 recites the limitation "the inner surface of the chamber" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the structural cooperative relationship between the recited cylindrical body with a through passage and the temperature detecting function of the temperature sensing element. The claim recites a body defined in a cylindrical shape with a through passage, but fails to disclose what structure, material property, or physical principal enables this recited body function as a temperature sensing element, such that the metes and bounds of the claim cannot be determined with reasonable certainty.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 7 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hua et al. (KR-20120012426-A – hereafter “Hua”).
As per claim 7, Hua teaches a system for estimating concentration of a fluid (see Abstract), the system comprising:
a thermal conductivity detector device comprising: a chamber defined with an inlet channel and an outlet channel (see fig. 3, gas chamber 94 with gas inlet 96 and gas outlet 98);
a temperature sensing element positioned within the chamber (see fig. 3, fiber grating structure 86 disposed within gas chamber 94);
and a control unit communicatively coupled to the temperature sensing element (see fig. 1, light source 22, optical coupler 24, and photodetector 32 optically coupled to fiber CO2 gas purity sensor 30 via fiber optic cables 26, 36);
wherein the control unit is configured to: receive a signal from the temperature sensing element corresponding to the temperature of a fluid flowing through the chamber from the inlet channel to the outlet channel (see fig. 3, showing gas flow from inlet 96 through chamber 94 to outlet 98 across fiber grating structure 86; see also Description, disclosing that “a transfer of thermal energy between the CO2 gas and sensor 80 results in a wavelength shift of the... signal,” such that “the wavelength shift can be related to the measured CO2 gas concentration”);
and indicate the temperature of the fluid through an indication unit; wherein the temperature of the fluid corresponds to the concentration of the fluid (see fig. 1, photodetector 32 and data acquisition; see also Description, disclosing that the data acquisition unit “uses the reflected signals to monitor the purity of the CO2 gas,” the purity/concentration determination being derived from, and therefore corresponding to, the temperature-dependent wavelength shift signal generated by fiber grating structure 86).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to recognize that Hua’s data acquisition unit indicates the temperature of the fluid, as necessarily disclosed by Hua, which discloses a signal generated by fiber grating structure 86 that is a direct function of the sensor’s temperature-dependent wavelength shift, which further discloses that this is same signal is used by the data acquisition unit to determine and output the CO2 concentration/purity of the fluid. Under the broadest reasonable interpretation, claim 7 does not require the indication unit to display or output a temperature value as a step separate and distinct from the concentration determination, it requires only that the system indicate a value representative of the fluid temperature, wherein that temperature corresponds to concentration. One of ordinary skill in the art would have recognized that indicating this temperature correlated signal, or a value directly derived from it, is nothing more than the predictable operation of the system already disclosed by Hua, with reasonable expectation of success.
Regarding claim 8, the claim recites “The system for estimating concentration of a fluid of claim 7, further comprising: channeling fluid from the inlet channel to the outlet channel such that the fluid impinges the temperature sensing element; receiving by the control unit the signal from the temperature sensing element; and indicating by the indication unit connected to the control unit the temperature of the fluid flowing through the chamber.”
Hua teaches channeling fluid from the inlet channel to the outlet channel such that the fluid impinges the temperature sensing element (see fig. 3, gas flow path from inlet 96 through chamber 94 to outlet 98 across fiber grating structure 86); receiving by the control unit the signal from the temperature sensing element (see fig. 1, elements 26, 30, 36, 32); and indicating by the indication unit connected to the control unit the temperature of the fluid flowing through the chamber, for the same reasons discussed above with respect to claim 7.
Allowable Subject Matter
Claims 1 – 4 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the closest prior art alone or in combination fails to teach or render obvious the specific limitation of the temperature sensing element comprising a body defined in a cylindrical shape with a through passage, wherein the through passage defines an inner surface for passage of a fluid, when combined with the other limitations of claim 1.
Claim 6 is allowed.
The following is an examiner’s statement of reasons for allowance:
The primary reasons from allowance of instant independent claim 6 are the inclusion of the specific limitation of a temperature sensing element comprising a body defined in a cylindrical shape with a through passage, wherein the through passage defines an inner surface for the flow of a fluid, in combination with a plurality of channels defined between the inlet channel and the outlet channel and configured to direct fluid from the inlet channel to impinge on the temperature sensing element.
Nakama et al. (US 2016/0103105 A1 – hereafter “Nakama”) discloses a thermal conductivity detector comprising temperature sensing elements 11a/11b, but the disclosed elements are solid wire filaments made of tungsten (see para [0032]) and fail to teach or disclose a temperature sensing element having a body defined in a cylindrical shape with a through passage defining an inner surface for the flow of a fluid.
Takahashi (US 2020/0088662 A1 – hereafter “Takahashi”) discloses temperature sensing elements (filaments 25/27) having linear, zigzag, or coiled shape (see para [0064] – [0065]), but fails to teach or disclose a temperature sensing element having a body defined in a cylindrical shape with a through passage. Takahashi does disclose a plurality of passages defined between an inlet channel and an outlet channel and directing a fluid from the inlet channel to impinge on a temperature sensing element (see fig. 4, including shields defining the plurality of passages), but this disclosure is not combined with any temperature sensing element having the claimed cylindrical body with a through passage.
Mitov (US 7,670,046 B2 – hereafter “Mitov”) discloses a filled hotwire sensing element having a wound filament cylindrical body with a gas permeable hollow volume, but fails to teach or disclose a temperature sensing element having a body defined in a cylindrical shape with a through passage defining an inner surface for the flow of fluid. Mitov’s disclosed permeable volume is formed by a porous packed matrix, namely a wound filament combined with a PTFE filler, rather than a discrete through passage defining a single continuous inner surface for fluid flow.
No combination of the cited references teaches or suggest the claimed temperature sensing element having a body defined in a cylindrical shape with a through passage, nor, with respect to claim 6, the claimed combination of that structure with a plurality of channels directing a fluid to imping on the temperature sensing element, in combination with the other recited limitations of independent claim 6.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Manuel Castellon whose telephone number is (571)272-4575. The examiner can normally be reached Monday - Friday 8:00 am - 4:00 pm.
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/MANUEL SALVADOR CASTELLON JR/Examiner, Art Unit 2855
/NATALIE HULS/Primary Examiner, Art Unit 2855
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