I. ACKNOWLEDGEMENT
This Office Action addresses U.S. Application No. 18/906871 (“’871 Application” or “instant application”). Based upon a review of the instant application, the actual filing date of the instant application is October 4, 2024. As such, the AIA first to file provisions of 35 USC apply to this proceeding.
II. STATUS OF CLAIMS
Claims 1-20 were filed with the application. Therefore, as of the date of this Office Action, the status of the claims is:
a. Claims 1-20 (“Pending Claims”).
b. Claims 1-20 (“Examined Claims”)
III. PRIORITY AND CONTINUING DATA
The ‘871 application claims no priority. As such, the AIA first to file provisions of 35 USC apply to this proceeding.
IV. ART REJECTIONS
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.
(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.
Claim(s) 1-9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bobgan et al US PG PUB 2024/0415659 in view of Miesel et al US PG PUB 2011/0301575.
The Examiner notes that Bobgan has common inventors with the present invention. Applicant might overcome the rejection by submitting a declaration as specified in MPEP 2152.06 D. Applicant should also address Bobgan et al 2025/0120814 in the declaration.
As to claim 1, Bobgan shows in figure 1 a system including a reservoir 50, fluid control system 44 46 in a housing 32, and an inflatable member 54. An exemplary system is shown in figure 2, with reservoir 204, a housing 220 that houses the fluidic control circuit (see paragraph [0064]), and an inflatable member 202. As shown in figure 7 and discussed in paragraph [0098], the housing 220 has chambers 288 to receive a pump 280 or 282 and a pressure sensor 286 that communicate with fluid passageways in the housing. The pressure sensor fits entirely in the opening for the sensor. Bobgan does not show the features of the pressure sensor. However, Miesel shows a pressure sensor in figure 7 for example, that has a metal housing 150 (see paragraph [0103], a metal diaphragm 166 (paragraph [0103]), where the metal diaphragm is positioned between a fluid passageway 132 and a cavity in the sensor (see figure 10). The sensor further has electronic circuitry 181 to convert pressure to an electronic circuit. As such, it would have been obvious to modify Bobgan to use the sensor of Miesel, as it is merely the substitution of one known sensor for another.
As to claim 2, as seen in figure 2 of Bobgan, the sensor has a flange having a wider diameter than a stem, which is received on a shelf of the receptacle. Furthermore, in figure 5B of Miesel, it is seen that the pressure sensor fits into a hole in a housing, where the sensor has a flange that engages a shelf of the hole.
As to claim 3, the depth of the receptacle is greater than a thickness of the flange (see figure 5B of Miesel).
As to claim 4, the flange of Miesel is located at the end of the housing.
As to claim 5, the manifold of Bobgan is metal (see paragraphs [0076] and [0081]. In addition, the sensors and pump are hermetically sealed to the housing by top plate 290 (see paragraph [0098]). The Examiner takes official notice that welding two metals together is a known method of hermetically sealing elements. As such, it would have been obvious weld the plate to the housing, as it is merely the use of a well-known sealing technique in the art. Since the plate is on top of the sensor, the sensor would essentially be welded to the housing.
Claim 6 is rejected in that the housing 250 seals the components therein, including an energy storage device 260, a fluid control system and the electronics control system (see paragraph [0065] for example)
As to claim 7, the housing has a top plate 290 sealed to a first portion (see figure 7).
As to claim 8, the pressure sensor of Miesel includes a printed circuit board 150 having a plurality of conductors.
As to claim 9, the receptacle of Miesel is defined by a cylindrical inner wall and the printed circuit board (see figure 5B).
As to claim 10 , the pressure sensor is connected to the control circuit. The combination does not state that flexible wires are used for the connection. However, the Examiner takes official notice that a flexible wires are a known connection mechanism between a sensor and the electronics. As such, it would have been obvious to modify the combination to use flexible wires, as it is merely the use of a known connection in the art.
As to claim 11, the wires would connect to the connectors on the circuit board. As to claim 14, the pressure sensor does not extend out of the receptacle in the combination.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bobgan in view of Miesel, as applied to claims 1-9 and 14 above, further in view of Rajaraman et al US PG PUB 2020/0232865.
The combination does not have the ASIC and MEMS sensor. Rajaraman shows a similar pressure sensor where the sensing element is a MEMS sensor 20 connected to an ASIC 24, where the sensor itself does not have an ASIC. As such, it would have been obvious to modify the combination to use such a pressure sensor, as it is merely the substitution of one known pressure sensor for another.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bobgan in view of Miesel, as applied to claims 1-9 and 14 above, further in view of Endean et al US PG PUB 2018/0327255.
The combination does not have the ADC and MEMS sensor. Endean shows a similar pressure sensor where the sensing element is a MEMS sensor 130 connected to an ASIC 215, that includes an ADC, but the sensor does not (see paragraph [0041]). As such, it would have been obvious to modify the combination to use such a pressure sensor, as it is merely the substitution one known pressure sensor for another.
Claim(s) 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miesel.
As to claim 15, Miesel shows a pressure sensor that can be positioned in a manifold of a fluid control system and in fluid connection with a fluid passageway in the manifold, as the sensor of Miesel can be used in any environment. The pressure has a metal housing 150 (see paragraph [0103], a metal diaphragm 166 (paragraph [0103]), where the metal diaphragm is positioned between a fluid passageway 132 and a cavity in the sensor (see figure 10) and is configured to move in and out with respect to the interior cavity. The sensor further has electronic circuitry 181 to convert pressure to an electronic circuit.
As to claim 16, the housing of Miesel has a “substantially” circular flange that is configured to sit on a shelf in the manifold (see figure 5B).
As to claim 17, the depth of the receptacle is greater than a thickness of the flange (see figure 5B of Miesel) and the flange of Miesel is located at the end of the housing. The Examiner notes that the receptacle is not part of the claim and the sensor of Miesel is capable of meeting the claim limitation.
As to claim 18, the housing includes titanium (see paragraph [0103]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Miesel, in view of Rajaraman.
Miesel does not have the ASIC and MEMS sensor. Rajaraman shows a similar pressure sensor where the sensing element is a MEMS sensor 20 connected to an ASIC 24, where the sensor itself does not have an ASIC. As such, it would have been obvious to modify Miesel to use such a pressure sensor, as it is merely the substitution of one known pressure sensor for another.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Miesel in view of Endean.
Miesel does not have the ADC and MEMS sensor. Endean shows a similar pressure sensor where the sensing element is a MEMS sensor 130 connected to an ASIC 215, that includes an ADC, but the sensor does not (see paragraph [0041]). As such, it would have been obvious to modify the combination to use such a pressure sensor, as it is merely the substitution one known pressure sensor for another.
V. CONCLUSION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT L NASSER whose telephone number is (571)272-4731. The examiner can normally be reached M-F 8-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Kosowski can be reached at (571) 272-3744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT L NASSER/ Primary Examiner, Art Unit 3992
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