DETAILED ACTION
This action is pursuant to claims filed on 10/24/2024. Claims 1-12 are pending. A first action on the merits of claims 1-12 is as follows.
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the gas detection device from claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-2, 4, and 6-8 are objected to because of the following informalities:
In claim 1, line 3, “aircraft” should read “an aircraft”
In claim 1, line 6, “IR sensor” should be spelled out as “infrared (IR) sensor” because it is the first time it is introduced in the claims
In claim 1, line 12, “gas transport” should read “the gas transport”
In claim 1, line 24, “target gas” should read “the target gas”
In claim 1, line 26, “target gas” should read “the target gas”
In claim 1, line 27, “breathing gas” should read “the breathing gas”
In claim 1, line 27, “breathing gas mixture” should read “the breathing gas mixture”
In claim 1, line 29, “target gas” should read “the target gas”
In claim 2, line 3, “the gas measuring device” should read “the infra-red gas measuring device” to keep consistent terminology throughout the claims
In claim 2, lune 5, “a determination” should read “the determination”
In claim 4, line 6, “switching device” should read “the switching device”
In claim 6, line 5, “infrared-optical gas measuring device” should read “the infrared-optical measuring device”
In claim 7, line 3, “enables” should read “enable”
In claim 8, line 3, “the provision” should read “a provision”, as there is a lack of antecedent basis in the claims for this limitation
Appropriate correction is required.
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.
Claims 1-12 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.
Regarding claim 1, the claim recites the limitation “breathing gases” in line 9. It is unclear if this limitation is meant to refer to the breathing gases from line 2, or different breathing gases. If it is meant to refer to the breathing gases from line 2, it needs to refer back to it. If it is meant to refer to different breathing gases, it needs to be distinguished from the breathing gases from line 2. For purposes of examination, it is being interpreted as referring to the breathing gases from line 2. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “breathing gas mixture” in line 10. It is unclear if this limitation is meant to refer to the breathing gas mixtures from lines 2-3, or a different breathing gas mixture. If it is meant to refer to the breathing gas mixture from lines 2-3, it needs to refer back to it. If it is meant to refer to a different breathing gas mixture, it needs to be distinguished from the breathing gas mixtures from lines 2-3. For purposes of examination, it is being interpreted as referring to the breathing gas mixtures from lines 2-3. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “aircraft” in line 10. It is unclear if this limitation is meant to refer to the aircraft from line 3, or a different aircraft. If it is meant to refer to the aircraft from line 3, it needs to refer back to it. If it is meant to refer to a different aircraft, it needs to be distinguished from the aircraft from line 3. For purposes of examination, it is being interpreted as referring to the aircraft from line 3. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “breathing gas” in line 13. It is unclear if this limitation is meant to refer to the breathing gases from line 2, the breathing gases from line 9, or a different breathing gas. If it is meant to refer to any of the previously introduced breathing gases, it needs to refer back to it. If it is meant to refer to a different breathing gas, it needs to be distinguished from all the previously introduced breathing gases. For purposes of examination, it is being interpreted as referring to any of the previously introduced breathing gases. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “breathing gas mixture” in line 13. It is unclear if this limitation is meant to refer to the breathing gas mixtures from lines 2-3, the breathing gas mixture from line 10, or a different breathing gas mixture. If it is meant to refer to any of the previously introduced breathing gas mixtures, it needs to refer back to it. If it is meant to refer to a different breathing gas mixture, it needs to be distinguished from all the previously introduced breathing gas mixtures. For purposes of examination, it is being interpreted as referring to any of the previously introduced breathing gas mixtures. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “breathing gas” in line 18. It is unclear if this limitation is meant to refer to the breathing gases from line 2, the breathing gases from line 9, the breathing gas from line 13, or a different breathing gas. If it is meant to refer to any of the previously introduced breathing gases, it needs to refer back to it. If it is meant to refer to a different breathing gas, it needs to be distinguished from all the previously introduced breathing gases. For purposes of examination, it is being interpreted as referring to any of the previously introduced breathing gases. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “breathing gas mixture” in line 18. It is unclear if this limitation is meant to refer to the breathing gas mixtures from lines 2-3, the breathing gas mixture from line 10, the breathing gas mixture from line 13, or a different breathing gas mixture. If it is meant to refer to any of the previously introduced breathing gas mixtures, it needs to refer back to it. If it is meant to refer to a different breathing gas mixture, it needs to be distinguished from all of the previously introduced breathing gas mixtures. For purposes of examination, it is being interpreted as referring to any of the previously introduced breathing gas mixtures. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “breathing gas” in line 21. It is unclear if this limitation is meant to refer to the breathing gases from line 2, the breathing gases from line 9, the breathing gas from line 12, the breathing gas from line 18, or a different breathing gas. If it is meant to refer to any of the previously introduced breathing gases, it needs to refer back to it. If it is meant to refer to a different breathing gas, it needs to be distinguished from all of the previously introduced breathing gases. For purposes of examination, it is being interpreted as referring to any of the previously introduced breathing gases. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “breathing gas mixture” in line 21. It is unclear if this limitation is meant to refer to the breathing gas mixtures from lines 2-3, the breathing gas mixture from line 10, the breathing gas mixture from line 13, the breathing gas mixture from line 18, or a different breathing gas mixture. If it is meant to refer to any of the previously introduced breathing gas mixtures, it needs to refer back to it. If it is meant to refer to a different breathing gas mixture, it needs to be distinguished from all of the previously introduced breathing gas mixtures. For purposes of examination, it is being interpreted as referring to any of the previously introduced breathing gas mixtures. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “at least one target gas” in line 22. It is unclear if this limitation is meant to refer to the target gas from line 20, or a different target gas. If it is meant to refer to the target gas from line 20, it needs to refer back to it, If it is meant to refer to a different target gas, it needs to be distinguished from the target gas in line 20. For purposes of examination, it is being interpreted as referring to the target gas from line 20. Claims 2-12 are also rejected due to their dependence on claim 1.
Further regarding claim 1, the claim recites the limitation “the at least one … group of gases or gas mixtures” in line 23. There is insufficient antecedent basis for this limitation in the claim, as no group of gases or gas mixtures have been introduced. These limitations either need to be introduced earlier in the claim, or in a separate statement not included in the “at least one” grouping. Claims 2-12 are also rejected due to their dependence on claim 1.
Regarding claim 2, the claim recites the limitation “an aircraft pilot” in line 5. It is unclear if this limitation is meant to refer to the aircraft pilot from lines 3-4, or a different aircraft pilot. If it is meant to refer to the aircraft pilot from lines 3-4, it needs to refer back to it. If it is meant to refer to a different aircraft pilot, it needs to be distinguished from the aircraft pilot from lines 3-4. For purposes of examination, it is being interpreted as referring to the aircraft pilot from lines 3-4.
Regarding claim 4, the claim recites the limitation “breathing gas” in line 2. It is unclear if this limitation is meant to refer to the plurality of breathing gases that were introduced in claim 1, or a different breathing gas. If it is meant to refer to any of the previously introduced breathing gases from claim 1, it needs to refer back to it. If it is meant to refer to a different breathing gas, it needs to be distinguished from all of the previously introduced breathing gases from claim 1. For purposes of examination, it is being interpreted as referring to any of the plurality of breathing gases from claim 1.
Further regarding claim 4, the claim recites the limitation “breathing gas” in line 5. It is unclear if this limitation is meant to refer to any of the previously introduced breathing gases in claim 1, the breathing gas from claim 5, line 2, or a different breathing gas. If it is meant to refer to any of the previously introduced breathing gases, it needs to refer back to it. If it is meant to refer to a different breathing gas, it needs to be distinguished from all of the previously introduced breathing gases. For purposes of examination, it is being interpreted as referring to any of the previously introduced breathing gases.
Further regarding claim 4, the claim recites the limitation “breathing gas” in line 7. It is unclear if this limitation is meant to refer to any of the previously introduced breathing gases in claim 1, the breathing gas from claim 5, line 2, the breathing gas from claim 5, line 5 or a different breathing gas. If it is meant to refer to any of the previously introduced breathing gases, it needs to refer back to it. If it is meant to refer to a different breathing gas, it needs to be distinguished from all of the previously introduced breathing gases. For purposes of examination, it is being interpreted as referring to any of the previously introduced breathing gases.
Regarding claim 6, the claim recites the limitation “gas measuring device” in line 4. It is unclear if this limitation is meant to refer to the infrared-optical gas measuring device from claim 1, line 5, or a different gas measuring device. If it is meant to refer to the infrared-optical gas measuring device, it should read “the infrared-optical gas measuring device”. If it is meant to refer to a different gas measuring device, it needs to be distinguished from the infrared-optical gas measuring device from claim 1. For purposes of examination, it is being interpreted as referring to the infrared-optical gas measuring device from claim 1.
Further regarding claim 6, the claim recites the limitation “gas detection device”. It is unclear what the gas detection device is, as this limitation has not been introduced previously introduced and no structure has been described for this limitation. Additionally, it is unclear if this is intended to be referring to the infrared-optical gas measuring device, or a different, new device. For purposes of examination, it is being interpreted as referring to the infrared-optical measuring device from claim 1.
Regarding claim 7, the claim recites the limitation “a selection of a selected gas or gas mixture as target gas” in line 3. It is unclear if this limitation is meant to refer to the “at least one further gas or gas mixture selected as a target gas” in claim 1 line 20, or is a different limitation. If it is meant to refer to the limitation from claim 1, it needs to clearly refer back to it. If it is meant to refer to a different limitation, it is unclear what the selection is and how it is determined. For purposes of examination, it is being interpreted as referring to the limitation from claim 1.
Regarding claim 8, the claim recites the limitation “a target gas” in line 3. It is unclear if this limitation is meant to refer to the target gas from claim 1, line 20, or a different target gas. If it is meant to refer to the target gas from claim 1, it needs to refer back to it. If it is meant to refer to a different target gas, it needs to be distinguished from the target gas from claim 1. For purposes of examination, it is being interpreted as referring to the target gas from claim 1.
Further regarding claim 8, the claim recites the limitation “a substitute calibration value” in lines 3-4. It is unclear if this limitation is meant to refer to the specific substitution calibration value from claim 1, line 22, or a different calibration value. If it is meant to refer to the calibration value from claim 1, it needs to refer back to it. If it is meant to refer to a different calibration value, it needs to be distinguished from the calibration value from claim 1. For purposes of examination, it is being interpreted as referring to the calibration value from claim 1.
Regarding claim 9, the claim recites the limitation “visually output in relation to the selected target gas” in line 4. It is unclear what is visually output, as nothing is defined as being output visually. The broad and indefinite scope of the limitation fails to inform a person of ordinary skill in the art with reasonable certainty of the metes and bounds of the claimed invention, therefore the claim is rendered indefinite. For purposes of examination, anything related to the selected target gas that can be visually output will teach on this limitation.
Regarding claim 10, the claim recites the limitation “respective substitute calibration values” in line 1. It is unclear if this limitation is meant to refer to the specific substitute calibration values from claim 1, line 22, or a different substitute calibration value. If it is meant to refer to the calibration value from claim 1, it needs to refer back to it. If it is meant to refer to a different calibration value, it needs to be distinguished from the calibration value from claim 1. For purposes of examination, it is being interpreted as referring to the calibration value from claim 1.
Further regarding claim 10, the claim recites the limitation “respective substitute calibration values are based on the gases propane, nonane, hexane, methane, butane, pentane” in lines 1-2. It is unclear if the calibration values are required to be based on all of the gases, or only requires one, as there is no conjunction linking the list together. The broad and indefinite scope of the limitation fails to inform a person of ordinary skill in the art with reasonable certainty of the metes and bounds of the claimed invention, therefore the claim is rendered indefinite. For purposes of examination, it is being interpreted as reading as “propane, nonane, hexane, methane, butane, or pentane, as claim 1 only requires one gas for the calibration values.
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.
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.
Claims 1-9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gerder (US 20210405008) in view of Eichler (WO 2009146693). Citations to WO 2009146693 will refer to the English Machine Translation that accompanies this Office Action.
Regarding independent claim 1, Gerder teaches a system (Abstract: “A monitoring system (100) is provided for flight crew members”) comprising:
a monitoring system for monitoring a gas composition of breathing gases or breathing gas mixtures in a breathing gas supply of aircraft (Abstract: “The monitoring system includes a sensor mechanism and a control unit configured to organize a procedure of a measurement-based monitoring of the gas composition of air, breathing air or breathing gases with the sensor mechanism in an airplane or aircraft”), the monitoring system comprising: a paramagnetic oxygen sensor ([0009]: “The sensor mechanism may have at least one sensor in at least some exemplary embodiments. The at least one sensor is preferably configured in this case as an oxygen sensor, as a carbon dioxide sensor or at least one additional gas sensor, especially carbon monoxide sensor. In at least some exemplary embodiments, a paramagnetic oxygen sensor or a measuring module with a paramagnetic oxygen sensor may be used for the qualitative and quantitative measurement-based detection of the concentration of oxygen”); a gas transport module for gas transport ([0012]: “the monitoring system or such modules as gas measuring modules, measuring modules, environmental or ambient analysis modules, may have at least one gas transport module”); and a control unit (Abstract: “The monitoring system includes a sensor mechanism and a control unit”);
an infrared-optical gas measuring device associated with the monitoring system, the infrared-optical gas measuring device comprising: an IR gas sensor ([0009]: “An optical carbon dioxide sensor, preferably in the form of an infrared optical, a so-called IR carbon dioxide sensor, or a measuring module with an optical, preferably infrared optical carbon dioxide sensor, with a so-called IR sensor, may be used in at least some exemplary embodiments for the qualitative and quantitative measurement-based detection of the concentration of carbon dioxide”); an evaluation unit ([0110]: “A quantity or partial quantity of breathing gas is thus then available to the at least one sensor 66 in the gas sensor mechanism 60 in order to detect it by measurement and/or to analyze it and to make it available to the control unit 70 as measured values. The control unit 70 makes it possible to analyze and process the measured values and to display them at least on partial elements of the display elements 44.”. The evaluation unit is part of the control unit, as it is the part that analyzes and processes the measured values.); and a data memory connected to the evaluation unit ([0008]: “The control unit is preferably configured from components (ρC, μP, PC) with corresponding operating system (OS), memory (RAM, ROM, EEPROM) as well as SW code, software for process control, control, and regulation. In at least some exemplary embodiments, additional electronic components, for example, components for signal detection (ADμC), signal amplification, for analog and/or digital signal processing (ASIC), components for analog and/or digital signal filtering (DSP, FPGA, GAL, μC, μP), and signal conversion (A/D converter) are assigned to the control unit or are connected to the control unit in at least some exemplary embodiments”),
wherein the control unit is configured to organize, monitor, control or regulate a process of metrological monitoring of the gas composition of air, breathing air, breathing gases or breathing gas mixture in aircraft or flying devices ([0008]: “The control unit is configured and intended to organize, to control or to regulate a course of a measurement-based monitoring of the gas composition of air, breathing air or breathing gases in airplanes or aircraft”) and to coordinate operation of the monitoring system and the infrared-optical gas measuring device (Abstract: “The monitoring system includes a sensor mechanism and a control unit configured to organize a procedure of a measurement-based monitoring of the gas composition of air, breathing air or breathing gases with the sensor mechanism in an airplane or aircraft, and to control or regulate the procedure. A measurement-based detection of gas concentrations is carried out with the sensor mechanism (60).”. The control unit controls the measurement-based monitoring, which includes coordinating the monitoring system and the infrared-optical gas measuring device.),
wherein the gas transport module is configured for gas transport by means of a sample gas line for supplying quantities of breathing gas or breathing gas mixture from a measuring location through a gas inlet of the monitoring system to the paramagnetic oxygen sensor and to the infrared-optical gas measuring device (Fig. 1a, gas line 10 is the sample gas line which supplies breathing gas from the measuring location (the mouth) through the gas inlet (51) to the oxygen sensor (66) and the measuring device (100)),
wherein the monitoring system with the paramagnetic oxygen sensor and the control unit is configured to perform a qualitative and a quantitative metrological detection of a concentration of oxygen in the supplied quantities of breathing gas or breathing gas mixture ([0009]: “a qualitative and a quantitative measurement-based detection of a concentration of oxygen may be made possible in at least some exemplary embodiments”),
wherein the infrared-optical gas measuring device and the evaluation unit are configured for a metrological determination of at least one further gas or gas mixture selected as a target gas in the supplied quantities of breathing gas or breathing gas mixture ([0007]: “A qualitative and a quantitative measurement-based detection of carbon dioxide may be made possible in at least some exemplary embodiments”. The carbon dioxide is the further gas or gas mixture selected as a target gas.),
wherein at least one specific substitute calibration value is stored in the data memory as a data record ([0028]: “The difference value thus determined represents the offset pressure level and can be provided and used as a calibration value for the determination of a mask pressure during the further operation of the monitoring system during the mission of the aircraft”; [0083]: “The memory may be used for data recording or data storage of inputs made by means of the input element”. The calibration value is included in the inputs, therefore is stored in the data memory.).
However, Gerder does not teach wherein the calibration value is associated with the at least one further gas, gas mixture or group of gases or gas mixtures selected as target gas.
Eichler discloses a device for determining components in an expiration volume. Specifically, Eichler teaches wherein the calibration value is associated with the at least one further gas, gas mixture or group of gases or gas mixtures selected as target gas ([0070]: “the sensor can be calibrated with a gas selected from the group "component-free air, synthetic gases prepared for calibration purposes" or a combination of the aforementioned gases after one or a number of measuring units. The calibration values of the aforementioned gases can be individually adjusted on the device”). Gerder and Eichler are analogous art as they are both related to devices that detect the components in breathing gas from a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the calibration value being associated with the at least one further gas, as it allows for a more specialized calibration value, which can ensure for a more accurate and specific evaluation of the user’s breathing gas. Using a specific calibration value associated with the gas being measured can provide a more precise calculation of the user’s breathing.
The Gerder/Eichler combination teaches wherein the evaluation unit is configured to carry out the metrological determination of the presence of the selected at least one further gas or gas mixture selected as target gas in the supplied quantities of breathing gas or breathing gas mixture, based on the specific substitute calibration value assigned to the at least one further gas, gas mixture or group of gases or gas mixtures selected as target gas (Gerder, [0048]: “The control unit may be configured in at least some exemplary embodiments also to take into account at least one situational parameter during the control of the course of the measurement-based monitoring and/or to include it in the procedure. Situational or current situational parameters are defined as situations and/or states arising from situations during the operation of airplanes or aircraft”; [0061]: “the situational parameters and/or the ambient parameters may be detected by measurement by means of additional sensors of the sensor mechanism …. All additional sensors in the sensor mechanism may also be provided by pressure sensors, which may be configured to detect an ambient pressure from the environment, especially a pressure or a density within and/or outside the cockpit or cabin of the airplane or aircraft by measurement and to make it available to the control unit”. The determination of the presence of the selected gases include taking into account situation parameters, which can include pressure. The calibration value is used in the pressure determination, and therefore is used in the determination of the selected gases.), and
wherein the evaluation unit is configured to determine a target gas identifier, which indicates the presence of the target gas in the breathing gas mixture (Gerder, [0007]: “A qualitative and a quantitative measurement-based detection of carbon dioxide may be made possible in at least some exemplary embodiments”. The qualitative and quantitative detections are the target gas identifiers, as they are used to indicate the presence of the target gas (carbon dioxide).), and to provide the target gas identifier as an output signal (Gerder, [0075]: “The user can be enabled in some embodiments by means of the at least one display element to be informed of events, situations, current measured values and/or measured values obtained in the past, which were detected and provided by measurement by means of the sensors or measuring modules, especially of the oxygen sensors and/or of the carbon dioxide sensors or of the oxygen measuring modules and/or carbon dioxide measuring modules”. The display element is the output, which includes the carbon dioxide measurements, which are the target gas identifiers.).
Regarding claim 2, the Gerder/Eichler combination teaches a system according to claim 1, wherein the control unit is configured to determine, depending on the target gas identifier provided by the gas measuring device, whether a current health-endangering situation for an aircraft pilot exists during operation of the breathing gas supply of the aircraft, and wherein, upon a determination that the health-endangering situation for an aircraft pilot currently exists, the control unit is configured to activate a vibration alarm detector arranged in or on the monitoring system or a vibration alarm associated with the monitoring system (Gerder, [0030]: “A gas analysis of the cabin air can advantageously be carried out with the use of the reversing valve during the time during which the mask pressure is determined. Predefined values (set points), reference values as threshold values of the breathing mask pressure can be provided by an external system, for example, via a data interface. The monitoring system can then determine an alarm generation situation on the basis of such values in case of values above or below the threshold values and provide corresponding alarm signals and/or data. Such a provision may be carried out, for example, in a wired manner, in a wireless manner by means of radio transmission, in a wireless manner by means of infrared transmission to external systems. Further possibilities for generating an alarm for the aviator are offered by visual, optical or acoustic signal generation systems, such as lamps, light-emitting diodes, display units, speakers, buzzers, horns or comparable elements. Another possibility for alarm generation for the aviator may be tactile alarm generation, for example, in the form of a vibration alarm.”; [0086]: “the control unit may be configured in some embodiments to employ an early warning system for the detection of hypoxia on the basis of current and past measured values of the sensor mechanism, for example, in the form of a trend monitoring of concentrations of oxygen and/or carbon dioxide”).
Regarding claim 3, the Gerder/Eichler combination teaches a system according to claim 1, further comprising an interface arrangement comprising one or more interfaces and line connections configured to connect components of the monitoring system and the infrared-optical gas measuring device to one another, wherein the control unit is configured to coordinate operation of the infrared-optical gas measuring device and the monitoring system by means of the interface arrangement (Gerder, [0060]: “The monitoring system may have a data interface in some embodiments. The data interface may be configured as a unidirectional or bidirectional data interface and may be configured, for example, for data supply, data reception, data exchange or communication with components of the airplane or aircraft”; [0008]: “A control unit is arranged in the monitoring system or is associated with the monitoring system in at least some exemplary embodiments. The control unit is configured and intended to organize, to control or to regulate a course of a measurement-based monitoring of the gas composition of air, breathing air or breathing gases in airplanes or aircraft. The control unit is preferably configured from components (ρC, μP, PC) with corresponding operating system (OS), memory (RAM, ROM, EEPROM) as well as SW code, software for process control, control, and regulation. In at least some exemplary embodiments, additional electronic components, for example, components for signal detection (ADμC), signal amplification, for analog and/or digital signal processing (ASIC), components for analog and/or digital signal filtering (DSP, FPGA, GAL, μC, μP), and signal conversion (A/D converter) are assigned to the control unit or are connected to the control unit in at least some exemplary embodiments.”; Figs. 1a-8 show all the components connected by line connections (the various tubes).).
Regarding claim 4, the Gerder/Eichler combination teaches a system according to claim 1, further comprising a switching device or changeover device configured to supply quantities of breathing gas to the infrared-optical gas measuring device, wherein the control unit is configured, for coordinating the monitoring system and the infrared-optical gas measuring device, to execute an activation of the switching device or the changeover device for starting the supply of quantities of breathing gas to the infrared-optical gas measuring device and to execute a deactivation of switching device or the changeover device for terminating the supply of quantities of breathing gas to the infrared-optical gas measuring device (Gerder, [0015]: “An additional gas port with a reversing valve is arranged in the monitoring system in a preferred embodiment. An additional gas port with a reversing valve is arranged in or at the gas transport module in another preferred embodiment. This reversing valve makes possible a switching between a feed of quantities of gas from the measured gas line and a feed of quantities of gas by means of the additional gas port from the environment, for example, from the cabin of the aircraft. In another preferred embodiment, an additional pump is arranged in or at the additional gas port. This additional pump makes it possible to feed quantities of gas by means of the additional gas port from the environment, for example, from the cabin of the aircraft. In addition to the shut-off valve at the gas outlet, an optional reversing valve may be arranged at the gas inlet for switching between a monitoring of quantities of gas from the measured gas line from the breathing mask and of quantities of gas from the cabin for the embodiment with the pump at the gas outlet. Thus, the control unit is then enabled to carry out at any time a switching between the feed of quantities of breathing gas from the breathing mask of the aviator and a feed of gas from the cabin independently from times at which the pressure in the mask is determined.”).
Regarding claim 5, the Gerder/Eichler combination teaches a system according to claim 1, wherein the control unit is configured, for coordinating the monitoring system and the infrared-optical gas measuring device, to execute an activation of components of the infrared-optical gas measuring device, wherein the components comprise one or more of the evaluation unit, the IR gas sensor and an electrical power supply, and to execute a deactivation of the components of the infrared-optical gas measuring device (Gerder, [0008]: “The control unit is configured and intended to organize, to control or to regulate a course of a measurement-based monitoring of the gas composition of air, breathing air or breathing gases in airplanes or aircraft”; [0072]: “such modules as gas measuring modules, measuring modules, environmental or ambient analysis modules, may have at least one energy storage device, e.g., a primary cell or a rechargeable battery”. The control unit organizes, controls, and regulates he monitoring of the gas composition, which includes the infrared-optical measuring device, which is comprised of the evaluation unit, the IR gas sensor, and the power supply.).
Regarding claim 6, the Gerder/Eichler combination teaches a system according to claim 1, wherein the control unit is configured, for coordinating the monitoring system and the infrared-optical gas measuring device, to execute a connection of an electrical power supply of the monitoring system and/or gas measuring device or individual components of the monitoring system and/or infrared-optical gas measuring device (Gerder, [0072]: “such modules as gas measuring modules, measuring modules, environmental or ambient analysis modules, may have at least one energy storage device, e.g., a primary cell or a rechargeable battery”; [0008]: “The control unit is configured and intended to organize, to control or to regulate a course of a measurement-based monitoring of the gas composition of air, breathing air or breathing gases in airplanes or aircraft”. The control unit controls the monitoring system, which includes the battery.); or wherein the control unit is configured, for coordinating the monitoring system and the infrared-optical gas measuring device, to switch off the electrical power supply of the monitoring system and/or gas detection device or individual components of the monitoring system and/or the infrared-optical gas measuring device.
Regarding claim 7, the Gerder/Eichler combination teaches a system according to claim 1, wherein the monitoring system and/or on the infrared-optical gas measuring device further comprises an input unit (Gerder, [0077]: “In addition to the display elements, input elements may be provided in some embodiments”), the input unit being configured to enables an input or a selection of a selected gas or gas mixture as target gas and/or a calibration gas and/or the specific substitute calibration value (Eichler, [0070]: “the sensor can be calibrated with a gas selected from the group "component-free air, synthetic gases prepared for calibration purposes" or a combination of the aforementioned gases after one or a number of measuring units. The calibration values of the aforementioned gases can be individually adjusted on the device”. The specific gas can be chosen for the calibration, therefore choosing the target gas, calibration gas, or the calibration value.).
Regarding claim 8, the Gerder/Eichler combination teaches a system according to claim 1, wherein the monitoring system and/or on the infrared-optical gas measuring device further comprises an interface (Gerder, [0077]: “In addition to the display elements, input elements may be provided in some embodiments”. The input element can be the interface.), the interface being configured to indicate and enable the provision of information on a target gas, on a calibration gas and/or on a substitute calibration value to the infrared-optical gas measuring device (Eichler, [0070]: “the sensor can be calibrated with a gas selected from the group "component-free air, synthetic gases prepared for calibration purposes" or a combination of the aforementioned gases after one or a number of measuring units. The calibration values of the aforementioned gases can be individually adjusted on the device”. The specific gas can be chosen for the calibration, therefore supplying information about the target gas, calibration gas, or calibration value.).
Regarding claim 9, the Gerder/Eichler combination teaches a system according to claim 1, wherein the monitoring system and/or on the infrared-optical gas measuring device further comprises an output unit, the output unit being assigned to the monitoring system and/or the infrared-optical gas measuring device (Gerder, [0073]: “such modules as gas measuring modules, measuring modules, environmental or ambient analysis modules may have additional components, for example … at least one display element. The at least one operating element as well as the at least one display element may be arranged in or at the monitoring system or may be associated with the monitoring system.”) and being configured to provide and/or visually output in relation to the selected target gas and/or to output status information in relation to the infrared-optical gas measuring device (Gerder, [0075]: “The user can be enabled in some embodiments by means of the at least one display element to be informed of events, situations, current measured values and/or measured values obtained in the past, which were detected and provided by measurement by means of the sensors or measuring modules, especially of the oxygen sensors and/or of the carbon dioxide sensors or of the oxygen measuring modules and/or carbon dioxide measuring modules”).
Regarding claim 11, the Gerder/Eichler combination teaches a system according to claim 1, wherein the evaluation unit is configured as a submodule of the control unit of the monitoring system (Gerder, [0110]: “A quantity or partial quantity of breathing gas is thus then available to the at least one sensor 66 in the gas sensor mechanism 60 in order to detect it by measurement and/or to analyze it and to make it available to the control unit 70 as measured values. The control unit 70 makes it possible to analyze and process the measured values and to display them at least on partial elements of the display elements 44.”. The evaluation unit is part of the control unit, as it is the part that analyzes and processes the measured values.).
Regarding claim 12, the Gerder/Eichler combination teaches a system according to claim 1, wherein the infrared-optical gas measuring device is integrated in the monitoring system as a module of the monitoring system or is arranged as a further, additional module, at the gas outlet of the monitoring system (Gerder, Fig. 1A shows the gas measuring device (sensor mechanism 60) as a part of the monitoring system (100)).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the Gerder/Eichler combination as applied to claim 1 above, and further in view of Sester (DE 102016107093). Citations to DE 102016107093 will refer to the English Machine Translation that accompanies this Office Action.
Regarding claim 10, the Gerder/Eichler combination teaches a system according to claim 1, wherein respective substitute calibration values are stored in data sets in the data memory (Gerder, [0083]: “The memory may be used for data recording or data storage of inputs made by means of the input element”. The calibration value is included in the inputs, therefore is stored in the data memory.).
However, the Gerder/Eichler combination does not teach wherein respective substitute calibration values are based on the gases propane, nonane, hexane, methane, butane, pentane.
Sester discloses a method for calibrating a gas analyzer. Specifically, Sester teaches wherein calibration values are based on the gases propane, nonane, hexane, methane, butane, or pentane ([0025]: “an existing compensation based on one or more of the following environmental parameters—air pressure, temperature and/or humidity of the original gas transmission curve—can be used for readjustment. This makes it particularly easy to adjust gas analysis equipment for the calibration gas or the calibration gas concentration range. The compensation can be achieved by... B. with propane”). Gerder, Eichler, and Sester are analogous art as they are all related to gas analyzers.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the calibration values being based on propane from Sester into the Gerder/Eichler combination as it allows the system to monitor for additional gases such as propane in the user’s air, which can indicate a health condition and alert the user of possible unsafe conditions they are in.
Conclusion
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/E.K.M./ Examiner, Art Unit 3791
/MATTHEW KREMER/ Primary Examiner, Art Unit 3791
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