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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the examiner.
Claim Objections
Claim 7 is objected to because of the following informalities:
Claim 7 line 2 “where is touched by user’s fingers” contains a minor typographical error and should read “where it is touched by user’s fingers.”
Appropriate correction is required.
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.
Claims 1-4, 6-7, 9, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20230213392 A1) further in view of Cao (CN 104678131 A)1.
Regarding Claim 1: Wang discloses (in at least figures 1-4, the description, and the claims) a barbecue temperature probe (fig. 1 and par. 28: electronic thermometer 1), comprising:
a measuring portion comprising a needle body and a temperature sensor, wherein the temperature sensor is fixedly installed in the needle body and configured to convert a temperature signal of the needle body to an electrical signal (fig. 1 and par. 28: temperature measuring body 11 with probe 121 at insertion part 12 comprises electronic temperature sensor 2. See also par. 32 );
a holding portion fixedly connected to one end of the measuring portion (fig.’s 1-2 and par. 38: insulating casing 13 with insulating tube 131 ).
Wang does not explicitly disclose a temperature sensing portion provided on an outer surface of the measuring portion or holding portion.
Cao discloses an analogous art (fig. 1 and par. 19: portable probe for detecting temperature) comprising a temperature sensing portion provided on an outer surface of the measuring portion and an outer surface of the holding portion (fig. 1 and par. 19: multiple thermochromic segments 5-7 made of thermochromic ink), wherein the temperature sensing portion is configured to sense a temperature of an outer surface of the barbecue temperature probe and change morphological characteristics with a temperature change (fig. 1 and par. 19: respective thermochromic segments change color upon exposure to temperatures above/below predetermined thresholds. See also par. 13.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Wang to, as taught by Cao, to include a temperature sensing portion provided on an outer surface of the measuring portion or holding portion thereby providing visual indication of additional temperatures that allow the user to rapidly compare the temperatures of different regions of the probe and gain a fuller picture of the temperature distribution of the environment (Cao par. 8, par. 13, and par. 19).
Regarding Claim 2: Wang in view of Cao discloses the barbecue temperature probe of claim 1, and Wang further discloses wherein the needle body comprises: a middle tube, and a tip end and a connecting end provided at both ends of the middle tube; a diameter of the tip end is configured to gradually decrease from the middle tube towards a direction away from the connecting end, and the connecting end is fixedly connected to the holding portion (fig.’s 1-2, par. 28, and par. 33: “temperature measuring body may be a hollow circular tube with openings at both ends […] One end of the temperature measuring body 11 is connected with an insertion part 12 for inserting into food […].” See par. 38: “insulating casing 13 includes an insulating tube 131 integrally connected with the temperature measuring body 11.” See also par. 39: “the insertion part 12 includes a hollow tapered probe 121, which may be easily inserted into the food and allow a rapid heat conduction to the sensor.”)
Regarding Claim 3: Wang in view of Cao discloses the barbecue temperature probe of claim 1, and Wang discloses the probe further comprising a conductive member provided at one end of the holding portion, wherein the temperature sensor is electrically connected to the conductive member, so that the conductive member is configured as a charging electrode (fig. 2 and par. 35: “a charging contact 31 extending out of the temperature measuring body 11 is connected to an end of the control board 3 that is away from the insertion part 12. The charging contact 31 includes a first metal contact 311 and a second metal contact 312 that are connected to the end of the control board 3 and are used as positive and negative electrodes, respectively, and one end of the temperature measuring body 11 away from the insertion part 12 has a first pin and a second pin respectively corresponding to the first metal contact 311 and the second metal contact 312. ”).
Wang does not explicitly disclose wherein the conductive member is provided at one end of the holding portion close to the needle body.
However, the embodiment of the present invention, wherein the conductive member is provided at the end of the holding portion close to the needle body is an obvious variant of the device as disclosed by Wang, wherein the conductive member is provided at the end of the holding portion away from the needle body.
It has been held that changes in the shape of a device involves only routine skill in the art unless a new and unexpected result is produced. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The slight change in placement of the conductive member on the holding portion, as disclosed in the application, does not provide a new or unexpected result regarding the charging ability over the device disclosed by Wang in view of Cao. See MPEP 2144(IV)(B). Moving the conductive member to a different location on the equivalent holding portion does not negatively affect the prior art, nor does the placement appear to be critical to the current invention.
Regarding Claim 4: Wang in view of Cao discloses the barbecue temperature probe of claim 2, and Wang further discloses wherein the holding portion comprises a hollow cylinder and an end cover, the end cover is provided at an opening of one end of the hollow cylinder, and one end of the hollow cylinder away from the end cover is sleeved on an outside of the connecting end (fig.’s 1-2 and par. 38: “insulating casing 13 includes an insulating tube 131 integrally connected with the temperature measuring body 11 […] sealing cover 132 has a circular shape, and is in detachable sealing connection with an end of the insulating tube 131 away from the temperature measuring body 11.” As shown in fig. 1, casing 13 is sleeved around connecting end of measuring body 11).
Regarding Claim 6: Wang in view of Cao discloses the barbecue temperature probe of claim 4, and Wang further discloses wherein the end cover comprises a top plate and a connecting column extending from the top plate towards one side of the top plate, a peripheral wall of the connecting column is provided with a clamping groove, the connecting column is inserted into the hollow cylinder, and the clamping groove is configured to clamp with an inner sidewall of the hollow cylinder (fig. 2: Sealing cover 132 shown with top plate and connecting column inserted into opening of insulating tube 132. See par. 38: “[…] sealing cover 132 and the insulating tube 131 are in thread connection, and the temperature sensor 2 is fitted on the inner wall after the sealing cover 132 is screwed on the insulating tube 131. In other embodiments, the sealing cover 132 and insulating tube 131 may be in snap fitting.” ).
Regarding Claim 7: Wang in view of Cao discloses the barbecue temperature probe of claim 4, and Cao discloses wherein the temperature sensing portion is provided at a middle part of an outer wall of the hollow cylinder where is touched by user’s fingers (Cao fig. 1 and par. 19: respective thermochromic segments change color upon exposure to temperatures above/below predetermined thresholds. See also par. 13.).
The motivation to combine is the same as for claim 1.
Regarding Claim 9: Wang in view of Cao discloses the barbecue temperature probe of claim 4, and Wang further discloses wherein the hollow cylinder is provided with an accommodating chamber, a first opening and a second opening are provided at two ends of the accommodating chamber, the connecting end is sealingly connected to the first opening, and the end cover is sealingly connected to the second opening; and the second opening is provided with a waterproof structure (fig.’s 1-2 and par. 38: “ […] the insulating casing 13 includes an insulating tube 131 integrally connected with the temperature measuring body 11, and a sealing cover 132 detachably connected to an end of the insulating tube 131 away from the temperature measuring body 11 […] the insulating tube 131 is a hollow circular tube and is integrally connected to one end of the temperature measuring body 11. The sealing cover 132 has a circular shape, and is in detachable sealing connection with an end of the insulating tube 131 away from the temperature measuring body 11.”).
Regarding Claim 15: Wang in view of Cao disclose the barbecue temperature probe of claim 1, and Wang further discloses wherein the needle body is provided with a safety line for marking a depth of the needle body inserted into food; and the temperature sensing portion is provided on one side of the needle body close to the holding portion and outside the safety line (fig. 2 and par. 42: safety line 112).
Regarding Claim 16: Wang in view of Cao disclose the barbecue temperature probe of claim 1, and Cao further discloses wherein the temperature sensing portion is coated with a thermochromic coating configured to change color with the temperature change (Cao fig. 1 and par. 19: respective thermochromic segments change color upon exposure to temperatures above/below predetermined thresholds. See also par. 13.).
The motivation to combine is the same as for claim 1.
Regarding Claim 17: Wang in view of Cao disclose the barbecue temperature probe of claim 1, and Wang discloses the probe further comprising a control module and a battery module for power supply, wherein the control module is electrically connected to the temperature sensor, and the battery module is electrically connected to the control module and the temperature sensor (fig. 2 and par. 34: “the control board 3 includes a control chip and a wireless module. The temperature quantity is converted into an analog quantity or a digital quantity by the temperature sensor 2, and is then transmitted to the control chip, and the data is transmitted to the wireless module by the control chip and sent to the mobile terminal.” See also par. 41: “a power supply module 5 electrically connected to the control board 3 is fixed on one side of the sensor bracket 4, and the power supply module 5 may be one of a battery […]”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wang and Cao as applied to claim 4 above, and further in view of Kang (CN 205107638 U) 2
Regarding Claim 5: Wang in view of Cao discloses the barbecue temperature probe of claim 4, but neither disclose wherein a peripheral wall of the connecting end is provided with a plurality of annular grooves or a sealing member.
Kang discloses an analogous art (fig.’s 1-2: thermometer probe 1) wherein a peripheral wall of a connecting end (fig.’s 1-2 and par. 126: first joint 11 with plug 12) is provided with a plurality of annular grooves (fig. 2 and par.’s 135-138: “Watertight coupling also includes the convex-concave fit between the first and second joints. […] the annular convex ridge A (A’) and the annular groove B (B’) are matched and joined. Through the convex-concave fit, a tortuous interface line is formed at the interface, which more effectively prevents any liquids such as external moisture, sweat, alcohol, and disinfectant from entering the cavity.” See also par. 136: “the mechanical coupling between the first joint and the second joint can be selected as screw engagement. Mechanical parts such as threads or helical buckles are provided on the joints such as annular protrusions and annular grooves. During the screw engagement process, the annular grooves and annular protrusions mechanically cooperate to complete the mechanical coupling between the first joint and the second joint.”), and a sealing member is provided in the annular groove and configured to seal and connect an inner circumferential wall of the hollow cylinder with the peripheral wall of the connecting end (fig.’s 1-2 and par. 139: “A second watertight component can be installed in the annular groove. The second watertight component can also be a waterproof gasket or an O-ring. During the coupling process of the annular groove and the annular protrusion, the watertight component deforms, thereby filling the gap between the joints and making the two watertightly coupled.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the plurality of annular grooves or a sealing member, as taught by Kang, to be included in the probe of Wang and Cao thereby providing a more watertight and fluid-proof seal to increase the durability and resilience of the device (Kang par.’s 135-139).
Claims 8 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Cao as applied to claim 4 above, and further in view of Qu (CN 213902686 U)3.
Regarding Claim 8: Wang in view of Cao discloses the barbecue temperature probe of claim 4, and Wang discloses the probe further comprising a radio frequency antenna electrically connected to the temperature sensor (fig. 2 and par. 36: “ an antenna module for temperature monitoring is printed on the control board 3, and the control board 3 is wirelessly connected to the mobile terminal through the antenna module. The user may check whether the temperature of the food reaches or exceeds the temperature threshold through the mobile terminal so as to estimate an approximate completion time.”), wherein a thread portion is provided on the end cover (par. 38: “[…] sealing cover 132 and the insulating tube 131 are in thread connection, and the temperature sensor 2 is fitted on the inner wall after the sealing cover 132 is screwed on the insulating tube 131.”),
Wang and Cao do not explicitly disclose wherein the radio frequency antenna comprises a spiral portion threadedly connected to the thread portion of the end cover.
Qu discloses an analogous art (fig. 1 and par. [n0009]: wireless temperature probe) wherein a radio frequency antenna comprises a spiral portion threadedly connected to a thread portion of an end cover (fig. 2 and par. [n0029]: spiral radio frequency antenna. See par. [n0029]: “Under the action of the tensioning bolt 3, the tensioning sleeve 2 tightens the tightly wound end of the RF antenna 5 against the inner wall of the high-temperature resistant handle 6, forming a good contact and avoiding oxidation and poor contact caused by high temperature.” See also par. [n0021])
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the spiral antenna, as taught by Qu, to be included in the device of Wang and Cao thereby providing a better connection between with the cover that allows for strong conductive contact, a better signal, and more effectively avoids oxidation at high temperatures (Qu par. [n0029]).
Regarding Claim 18: Wang in view of Cao discloses the barbecue temperature probe of claim 1, and Wang discloses the prob further comprising a temperature-sensing member and an antenna, wherein the temperature-sensing member is provided in the needle body and along an extending direction of the needle body, and the antenna is provided in the needle body; the antenna comprises an antenna body provided along the extending direction of the needle body, and a structure provided in a middle section of the antenna body; and the structure is provided around a periphery of the temperature-sensing member (fig. 2 and par. 36: “ an antenna module for temperature monitoring is printed on the control board 3, and the control board 3 is wirelessly connected to the mobile terminal through the antenna module. The user may check whether the temperature of the food reaches or exceeds the temperature threshold through the mobile terminal so as to estimate an approximate completion time.” See also par. 40: “a sensor bracket 4 is further arranged inside the inner cavity at an end close to the insertion part 12, and a sensor accommodating groove 41 for accommodating the temperature sensor 2 is provided on an outer peripheral surface of the sensor bracket. The temperature sensor 2 is abutted on an inner wall of the inner cavity through the sensor bracket 4 […] one end of the sensor bracket 4 is snapped with the control board, an end portion of the other end of the sensor bracket 4 has a tapered shape, and the temperature sensing portion of the temperature sensor 2 is located on an outer wall of the tapered part. Since one end of the control board 3 is fixedly connected with the sensor bracket 4 and the other end thereof is fixedly connected with the sealing cover 132, the tapered part of the sensor bracket 4 is in contact and fitted with the inner wall of the insertion part 12 when the sealing cover 132 is mounted, so that the heat conduction is faster and more accurate, and the measuring effect is improved.”).
Wang and Cao do not explicitly disclose a spiral antenna.
Qu discloses an analogous art (fig. 1 and par. [n0009]: wireless temperature probe) comprising a spiral antenna, and the spiral antenna is provided in a needle body; the spiral antenna comprises an antenna body provided along the extending direction of the needle body, and a spiral structure provided in a middle section of the antenna body; and the spiral structure is provided around a periphery of the temperature-sensing member (fig. 2 and par. [n0029]: spiral radio frequency antenna. See par. [n0029]: “Under the action of the tensioning bolt 3, the tensioning sleeve 2 tightens the tightly wound end of the RF antenna 5 against the inner wall of the high-temperature resistant handle 6, forming a good contact and avoiding oxidation and poor contact caused by high temperature.” See also par. [n0021]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the spiral antenna, as taught by Qu, to be included in the device of Wang and Cao thereby providing a better connection between with the cover that allows for strong conductive contact, a better signal, and more effectively avoids oxidation at high temperatures (Qu par. [n0029]).
Regarding Claim 19: Wang and Cao in view of Qu disclose the barbecue temperature probe of claim 18, and Qu discloses wherein a plurality of the spiral structures are coaxially provided at intervals along the extending direction of the needle body, and the spiral structure comprises at least one spiral section provided along the extending direction of the needle body (fig. 2 and par. [n0029]: spiral radio frequency antenna. See also par. [n0013 and par. [n0021]]).
The motivation to combine is the same as for claim 18.
Regarding Claim 20: Wang and Cao in view of Qu disclose the barbecue temperature probe of claim 18, and Wang disclose the probe further comprising a circuit board provided in the shell, wherein the antenna further comprises a first connecting portion provided at one end of the antenna body, and the first connecting portion is connected to the circuit board (fig. 2 and par. 34: “the control board 3 includes a control chip and a wireless module. The temperature quantity is converted into an analog quantity or a digital quantity by the temperature sensor 2, and is then transmitted to the control chip, and the data is transmitted to the wireless module by the control chip and sent to the mobile terminal.” See par.’s 35-36: “antenna module for temperature monitoring is printed on the control board 3, and the control board 3 is wirelessly connected to the mobile terminal through the antenna module”).
Qu further discloses wherein the antenna is a spiral antenna (fig. 2 and par. [n0029]: spiral radio frequency antenna. See also par. [n0013 and par. [n0021]]).
The motivation to combine is the same as for claim 18.
Allowable Subject Matter
Claim 10 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.
The following is a statement of reasons for the indication of allowable subject matter:
Although the prior art teaches the barbecue temperature probe of claim 9, the prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of claim 10 including wherein the waterproof structure comprises a reverse interlock protruding from an inner wall of the accommodating chamber, a gap is formed between the reverse interlock and the inner wall of the accommodating chamber, and the end cover is inserted into the gap (Claim 10 lines 1-4), including all the numerical and structural limitations recited together in combination with the totality of particular features/limitations recited therein, in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper.
Accordingly, claims 11-14 are also objected to due to their dependence upon claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
He (CN 215865557 U) discloses the probe according to certain limitations of at least claims 1-4, 6-7, 9, and 15.
Pulvermacher (US 20190339133 A1) discloses the probe according to certain limitations of at least claims 1-4, 6-7, 9, and 15.
Lion (US 20200096393 A1) discloses the probe according to certain limitations of at least claims 1-4, 6-7, 9, and 15.
Guo (US 20230086509 A1) discloses the probe according to certain limitations of at least claims 1-4, 6-7, 9, and 15.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
1 Citations made to attached translations of respective descriptions.
2 Citations made to attached translations of respective descriptions.
3 Citations made to attached translations of respective descriptions.
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