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 .
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.
Information Disclosure Statement
The information disclosure statement filed 9 October 2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 6, 9, and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Osswald et al (GB 26004041 A) in view of Burdick (US # 2,281,746). The Osswald reference discloses a gas measuring device (Fig. 1) for measuring a concentration of a combustible target gas in a spatial area (Abs.), the gas measuring device (100) comprising:
a detector (10) comprising an electrically conductive detector segment;
a compensator (11.1) comprising a compensator functional component (20) and a passivation coating (21), the compensator functional component comprising an electrically conductive compensator segment;
an overall detection variable sensor (40); and
a compensator detection variable sensor (12.2), wherein the gas measuring device is configured such that a gas sample can at least temporarily flow from a spatial area to be monitored into an interior of the gas measuring device,
wherein the gas measuring device is configured to apply an electrical voltage to the detector segment such that the detector segment is heated and to apply an electrical voltage to the compensator segment such that the compensator segment is heated,
wherein the heating of the detector segment causes a combustible target gas in a gas sample inside the gas measuring device to oxidize, and the oxidation causes an increase in a temperature of the detector segment,
wherein the passivation coating surrounds the compensator functional component and is located between a gas sample inside the gas measuring device and the compensator functional component,
wherein the passivation coating physically and chemically separates the gas sample from the compensator functional component,
wherein the overall detection variable sensor is configured to measure an overall detection variable which depends on the temperature of the detector segment and on the temperature of the compensator segment,
wherein the compensator detection variable sensor is configured to measure a compensator detection variable which depends on the temperature of the compensator segment,
wherein the gas measuring device is configured to be operated in an oxidation measurement mode and in a heat conduction measurement mode1, and
wherein the gas measuring device is configured to determine the concentration of the combustible target gas in the gas sample in the interior of the gas measuring device based on the measured overall detection value when operated in the oxidation measurement mode, and based on the measured compensator detection variable when operated in the heat conduction measurement mode.
The Osswald reference does not disclose that the passivation coating consists of at least 50% by weight of a chemical compound comprising iodine. However, Iodine compounds were well-known catalysts (the passivation coating) commonly used in combustible gas detecting units, as shown by the example of the Burdick reference (p. 3, ll. 5-27)2, therefore it would have been obvious to the ordinary practioner to use an iodine compound in the device disclosed in Osswald reference motivated by its art recognized suitability for its intended purpose, and the exact concentration would have been an obvious parameter to optimize through routine trial and error.
With respect to claim 2, it has been discussed in the previous paragraph (above) why using iodine compounds as the catalyst would have been obvious.
With respect to claim 6, the exact concentration of iodine compounds would have been an obvious parameter to optimize through routine trial and error.
With respect to claim 9, the exact concentration of iodine compounds would have been an obvious parameter to optimize through routine trial and error.
With respect to claims 14-17, the method of use was inherent to the device disclosed.
Claims 3-5, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Osswald et al (GB 26004041 A) in view of Burdick (US # 2,281,746) as applied to claims 1, 2 & 6 above, and further in view of Mills (EA 002888 B1). Potassium iodine was a known catalyst as shown by the Mills reference3, therefore it would have been obvious to the ordinary practioner to try a potassium iodine catalyst in the device of Osswald motivated by its known suitability for its intended use, and the exact concentration would have been an obvious parameter to optimize through routine trial and error.
Conclusion
Claims 10-13 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Willett (US PG Pub # 2008/0226505) discloses a gas detection device for monitoring an area for a combustible target gas to be detected, the gas detection device comprising: a housing (paragraph [0042]) with an interior and an opening, the opening configured to establish a fluid connection between the interior of the housing and the area (paragraph [0042]); a detector (2) arranged in the housing (paragraphs [0042] and [0069]), the detector comprising: an electrically conductive wire with a helical heating segment (paragraph [0003]); electrical insulation around the heating segment (paragraph [0003]); and a catalytic material provided at least one of in and on the electrical insulation (paragraph [0003]), the electrical insulation having a shape of one of a sphere (paragraph [0003]) and an ellipsoid, wherein the detector is configured to oxidize a combustible target gas located in the interior of the housing by heating the heating segment (paragraph [0003]); a compensator (4) arranged in the housing (paragraphs [0042] and [0069]); a sensor array (Fig. 1; paragraphs [0070] and [0075]); and a signal-processing analysis unit (9) connected to the sensor array, wherein the gas detection device is configured to apply an electrical voltage (Vs) to the detector such that an electric current flows through the wire of the detector and heats the heating segment of the wire (See Fig. 1 and paragraph [0074]); and to apply an electrical voltage to the compensator such that an electric current flows through the compensator and heats the compensator (see Fig. 1) and wherein the sensor array is configured to measure a first detection variable, which depends on a temperature of the detector (paragraph [0075]), and a second detection variable, which depends on a temperature of the compensator (paragraph [0075]) or to measure a third detection variable, which depends both on the temperature of the detector and on the temperature of the compensator; wherein the signal-processing analysis unit (9) is configured to at least one of: determine whether the target gas is present in the area to be monitored or not as a function of at least one of: the first detection variable (paragraph [0075]).
Van De Vyver (US # 5,902,556) discloses a compensator (Fig. 1 and claims 6 and 8) extending in a plane (see Fig. 1) and comprising: an electrical strip conductor (16/70/116) with a heating segment (20/70/116) and a carrier plate (12), in which plate the strip conductor is embedded or onto which the strip conductor is applied (Fig. 1), the compensator comprising a protective layer (128, col. 7, lines 49-53 and 80, col. 8, lines 19-22 and col. 8, lines 34-37) over the strip conductor (see Fig. 6J), wherein the protective layer (128, 80) protects the strip conductor from coming into contact with a gas from the environment (because 128 surrounds 116, see Fig. 8D and because 80 surrounds 70, see Fig. 6J). Van De Vyver discloses that a compensator created by photolithography onto a substrate decreases power consumption (col. 1, lines 24-40).
Ali (US # 10,288,575) discloses a gas detection device that is configured to be selectively operated in a monitoring mode (low power mode; col. 1, lines 32-45) or in a measuring mode (high power mode; col. 1, lines 32-45); the gas detection device is configured to apply electrical voltage to a detector such that an energy consumption of the detector is higher during the operation of the gas detection device in the measuring mode than during the operation in the monitoring mode (col. 1, lines 32-45); the gas detection device is configured to switch over from the monitoring mode into the measuring mode (col. 1, lines 32-45) when an analysis unit has detected an indicator (a high concentration; col. 1, lines 32-45).
The other references cited but not applied show the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANDY W GIBSON whose telephone number is (571)272-2103. The examiner can normally be reached Tue-Friday 10AM-6PM.
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, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RANDY W. GIBSON
Primary Examiner
Art Unit 2856
/RANDY W GIBSON/Primary Examiner, Art Unit 2855
1 “…Some gas detection devices save energy because they can be operated selectively in a monitoring mode or in a measuring mode. The energy consumption, but also the reliability, is lower in the monitoring mode. If an indicator of a target gas is detected in the monitoring mode, the gas detection device is switched over into the measuring mode. In the measuring mode, the reliability but also the energy consumption are higher. The gas detection device according to the present invention can also be operated in these two modes. The present invention, however, reduces the energy consumption without switching between such two modes…”
2 “…For the detection of carbonaceous constituents in combustible aces, means, other than a high temperature catalyst, may be used to promote the oxidation carbon dioxide. For example, carbon monoxide may be oxidized by the use of iodine pentoxide. By employing a suitable catalyst and temperature, certain combustible gases may be detected in the presence of other combustible gases when the latter gases are not affected under the conditions of oxidation…”
3 “…The catalysis enthalpy from a gas energy cell having a gaseous transition catalyst (Κ .sup.+ / Κ .sup.+ ) is observed with low pressure hydrogen in the presence of potassium iodine (ΚΙ), which evaporates at the operating temperature of the cell…”
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