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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1 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. The claim recites “a module for gas transport a sample gas line” which is unclear. It is unclear whether the module for gas transport and the sample gas line are the same or separate elements.
Claim Rejections - 35 USC § 102/103
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 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.
Or
(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.
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) 1-10 and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) or 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 20230114548 to Stark.
Regarding Claim 1, Stark discloses a measuring system for determining gas concentrations in a breathing gas mixture for a monitoring system for monitoring a breathing gas supply of an aircraft or an underwater vehicle (Figs. 1-2, 4 and 6, measuring device 1; ¶¶ [0122]-[0137], [0174], [0190]-[0191]), the measuring system comprising: a module for gas transport a sample gas line (Figs. 1-2, 4 and 6, gas sample from feed line/gas supply 385; Claim 15, ¶¶ [0065]-[0069], [0122]-[0137], [0190]-[0191]); a measuring device with a measuring element connected to a measuring chamber and comprising a pressure sensor (Figs. 1-2, 4 and 6, measuring device 1 with measuring element 2, measuring chamber 380 and pressure sensor 310; ¶¶ [0122]-[0137], [0190]-[0191]); a magnet arrangement comprising an electromagnet and a coil (Figs. 1-2, 4 and 6, electromagnet 4 with coil 5; ¶¶ [0122]-[0137], [0190]-[0191]); a calculation and control unit with an associated data memory (Figs. 1-2, 4 and 6, calculation and control unit 200 with calculation module 207 with data memory 207; ¶¶ [0130]-[0137], [0190]-[0191]); and a circuit arrangement (Figs. 1-3, circuit arrangement 101; ¶¶ [0130]-[0137], [0190]-[0191]), wherein the gas transport module is configured to supply a quantity of a breathing gas mixture from the sample gas line to the measuring element in the measuring chamber (Figs. 1-2, 4 and 6, gas sample from feed line/gas supply 385 with measuring element 2 and measuring chamber 380, ¶¶ [0065]-[0069], [0122]-[0137], [0190]-[0191]), wherein the measuring device with the circuit arrangement is configured to operate a heating structure on a membrane of the measuring element in order to transfer defined quantities of heat into the breathing gas mixture or to partial quantities of the breathing gas mixture in the measuring chamber (Figs. 1-3, circuit arrangement 101 with heater structure 8 on membrane 7; ¶¶ [0130]-[0137], [0190]-[0191]), wherein the measuring device with the pressure sensor is configured to determine a measured pressure value which indicates a pressure inside the measuring chamber (Figs. 1-2, 4 and 6, measuring device 1 with measuring element 2, measuring chamber 380 and pressure sensor 310; ¶¶ [0122]-[0137], [0150], [0190]-[0191]), wherein the measuring device with the electromagnet, the coil and the circuit arrangement is configured to generate a magnetic field acting on the measuring element (Figs. 1-2, 4 and 6, circuit arrangement 101 with electromagnet 4, coil 5 and measuring element 2; ¶¶ [0122]-[0137], [0190]-[0191]), wherein the circuit arrangement is configured to provide measured values of the measuring element with an AC voltage signal component and with a DC voltage signal component to the calculation and control unit (Figs. 1-2, 4 and 6, circuit arrangement 101 with direct voltage signal component 20 and AC signal component 21 in measured value provided to calculation and control unit 200; ¶¶ [0122]-[0137], [0190]-[0191]), wherein a first data set with first data and at least one second data set with second data are stored in the data memory, wherein the first data set indicates a first situation of gases in the breathing gas mixture at a first pressure level, wherein the second data set indicates a second situation of gases or the breathing gas mixture at a second pressure level (Figs. 1-2, 4 and 6, data memory 207 with data sets 203 that comprise information or correlations on signal characteristics which result for the DC signal components U.sub.X=, U.sub.XF= under a wide variety of conditions with respect to the content of moisture, the pressure level and the temperature level and information or correlations on signal characteristics which result for the AC voltage signal components U.sub.X˜, U.sub.XF˜ under a wide variety of conditions with regard to the moisture content, the pressure level and the temperature level; ¶¶ [0130]-[0137], [0150], [0190]-[0191]), wherein the calculation and control unit is configured to determine a current oxygen concentration in the breathing gas mixture, based on the alternating voltage signal components and direct voltage signal components and based on the measured pressure value, which indicates a current pressure level inside the measuring chamber, the first data set and the second data set (Figs. 1-2, 4 and 6, calculation and control unit 200 adapted to determine oxygen concentration based on direct voltage signal component 20, AC signal component 21, measured values of pressure sensor 310 and data sets 203; ¶¶ [0130]-[0137], [0150], [0190]-[0191]), wherein the calculation and control unit is configured to provide an output signal which indicates the current oxygen concentration in the breathing gas mixture (Figs. 1-2, 4 and 6, calculation and control unit 200 adapted to provide output signals 266, 267 based on the determined gas concentration of the further gas concentration and/or the determined oxygen concentration in the gas mixture of the gas sample; ¶¶ [0130]-[0137], [0165], [0177]-[0179], [0190]-[0191]).
Regarding Claim 2, Stark discloses at least one further or third data set with further values for a third pressure level or further pressure levels is stored in the data memory, which third data set or further data set indicates a third or further situation in the breathing gas mixture at a further pressure level (Figs. 1-2, 4 and 6, data memory 207 with data sets 203 that comprise information or correlations on signal characteristics which result for the DC signal components U.sub.X=, U.sub.XF= under a wide variety of conditions with respect to the content of moisture, the pressure level and the temperature level and information or correlations on signal characteristics which result for the AC voltage signal components U.sub.X˜, U.sub.XF˜ under a wide variety of conditions with regard to the moisture content, the pressure level and the temperature level; ¶¶ [0130]-[0137], [0150], [0190]-[0191]).
Regarding Claim 3, Stark discloses the calculation and control unit is configured to include the current measured pressure value, the first data set and the second data set, based on a switchover between the data sets, to determine the current oxygen concentration (Figs. 1-2, 4 and 6, calculation and control unit 200 adapted to determine oxygen concentration based on direct voltage signal component 20, AC signal component 21, measured values of pressure sensor 310 and data sets 203; ¶¶ [0130]-[0137], [0146]-[0150], [0190]-[0191]).
Regarding Claim 4, Stark discloses the calculation and control unit is configured to include the current measured pressure value, the first data set, the second data set, the third and/or further data sets by means of a switchover between the data sets, to determine the current oxygen concentration (Figs. 1-2, 4 and 6, calculation and control unit 200 adapted to determine oxygen concentration based on direct voltage signal component 20, AC signal component 21, measured values of pressure sensor 310 and data sets 203; ¶¶ [0130]-[0137], [0146]-[0150], [0190]-[0191]).
Regarding Claim 5, Stark discloses the calculation and control unit is configured to include the first data set and the second data set by means of an interpolation based on the values of the data sets for the current measured pressure value, for determining the current oxygen concentration (Figs. 1-2, 4 and 6, calculation and control unit 200 with interpolation in data sets 203; ¶¶ [0130]-[0137], [0146]-[0150], [0190]-[0191]).
Regarding Claim 6, Stark discloses the calculation and control unit is configured to include the first data set, the second data set, the third and/or further data sets by means of an interpolation based on the values of the data sets for the current measured pressure value for determining the current oxygen concentration (Figs. 1-2, 4 and 6, calculation and control unit 200 with interpolation in data sets 203; ¶¶ [0130]-[0137], [0146]-[0150], [0190]-[0191]).
Regarding Claim 7, Stark discloses the calculation and control unit is configured to include the first data set and the second data set by an extrapolation based on values of the data sets for the current measured pressure value, for determining the current oxygen concentration (Figs. 1-2, 4 and 6, calculation and control unit 200 with interpolation in or above data sets 203; ¶¶ [0050], [0130]-[0137], [0146]-[0150], [0190]-[0191]).
Regarding Claim 8, Stark discloses the calculation and control unit is configured to include the first data set, the second data set, the third data set and/or further data sets by an extrapolation based on values of the data sets for the current measured pressure value, for determining the current oxygen concentration (Figs. 1-2, 4 and 6, calculation and control unit 200 with interpolation in or above data sets 203; ¶¶ [0050], [0130]-[0137], [0146]-[0150], [0190]-[0191]).
Regarding Claim 9, Stark discloses the calculation and control unit is configured to perform the interpolation as a linear interpolation or a sectional linear interpolation, or is configured to perform the interpolation as a non-linear interpolation, as a quadratic interpolation or as a cubic interpolation (¶¶ [0050], [0146]-[0150], [0190]-[0191]).
Regarding Claim 10, Stark discloses the calculation and control unit is configured to perform the extrapolation as a linear extrapolation or a sectional linear extrapolation, or is configured to perform the extrapolation as a non-linear extrapolation, as a quadratic extrapolation or as a cubic extrapolation (¶¶ [0050], [0146]-[0150], [0190]-[0191]).
Regarding Claim 12, Stark discloses the calculation and control unit is configured to include in the determination of the oxygen concentration a measured value of a temperature sensor, which indicates a temperature level in the measuring chamber, and/or information provided with regard to a temperature level in the breathing gas mixture, and/or wherein the calculation and control unit is configured to include in the determination of the oxygen concentration a measured value of a humidity sensor, which indicates a humidity situation in the breathing gas mixture in the measuring chamber, and/or information provided with regard to a current humidity level in the breathing gas mixture, taking into account in the determination of the oxygen concentration a measured value of a humidity sensor, which indicates a humidity situation in the breathing gas mixture in the measuring chamber, and/or information provided with regard to a current humidity content in the breathing gas mixture (Figs. 1-2, 4 and 6, calculation and control unit 200 with temperature sensor 330 and/or moisture sensor 320; ¶¶ [0047]-[0048], [0130]-[0137], [0146]-[0150], [0190]-[0191]).
Regarding Claim 13, Stark discloses the temperature sensor is arranged in or on the measuring chamber, which indicates a temperature level in the measuring chamber, and/or wherein the humidity sensor is arranged in or on the measuring chamber, which indicates a humidity level in the measuring chamber (Figs. 1-2, 4 and 6, temperature sensor 330 and/or moisture sensor 320 in metrological contact with the gas mixture of the gas sample in measuring chamber 380; ¶¶ [0047]-[0048], [0130]-[0137], [0146]-[0150], [0190]-[0191]).
Regarding Claim 14, Stark discloses the calculation and control unit is configured in cooperation with the temperature sensor and with a measuring chamber heater to provide temperature control of the measuring chamber to a temperature level with a predetermined temperature difference above an ambient temperature or to a temperature level above the body temperature of the pilot for a predetermined period of time or to a selected temperature level for a specified period of time (Figs. 1-2, 4 and 6, calculation and control unit 200 with temperature sensor 330 control; ¶¶ [[0130]-[0137], [0146]-[0150], [0178]-[0182], [0190]-[0191]), wherein the calculation and control unit is configured to select the temperature level, selected for the predetermined time period, based on a current temperature level in the measuring chamber and based on at least one of the data sets stored in the data memory (Figs. 1-2, 4 and 6, calculation and control unit 200 with temperature sensor 330 control; ¶¶ [[0130]-[0137], [0146]-[0150], [0178]-[0182], [0190]-[0191]).
Allowable Subject Matter
Claim 11 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BOLDUC whose telephone number is (571)270-1602. The examiner can normally be reached M-F, 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay, Jr. can be reached at (571) 272-1672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J BOLDUC/Primary Examiner, Art Unit 2852
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