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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 02/04/2025 have been considered by the Examiner.
Claim Objections
Claim(s) 3, 5 and 8-9 are objected to because of the following informalities:
Claim(s) 3 recite a phrase “transversal direction” in the last line. For examination purposes Examiner assumes the phrase should recite “cross direction” for clarity.
Claim(s) 5 recite a phrase “wherein a its idle position” in line 1. For examination purposes Examiner assumes the phrase should recite “wherein in an idle position” for clarity.
Claim(s) 8 recite a phrase “a fluid channel” in line 2. For examination purposes Examiner assumes the phrase should recite “the fluid channel” for clarity.
Claim(s) 9 recite a phrase “a duration of a cleaning process” in line 2. For examination purposes Examiner assumes the phrase should recite “a duration of the cleaning” for clarity.
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.
Claim(s) 1-9 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 pre-AIA the applicant regards as the invention. The rationale for this finding is explained below:
Regarding claim 8, limitation(s) "a measuring window of a fluid channel" and “the measuring window of a sensor means” render the claim indefinite because it is unclear whether the feature of "measuring window" is part of the "fluid channel" or the "sensor means".
Regarding claim 1, limitation(s) "a wiper element inside the sensor carrier opposite to the measuring window" and “the wiper element touches the measuring window” render the claim indefinite because it is unclear structural cooperative operational relationship among elements such as wiper element, sensor carrier and measuring window.
Dependent Claim(s) 2-7 and 9 not specifically addressed share the same 112(b) rejection as the rejected base Claim(s). Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1 and 4-7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ohsaki et al. (US 5477318; hereinafter Ohsaki).
Regarding claim 1, Ohsaki discloses in figure(s) 1-19 a measuring apparatus for measuring chemical or physical characteristics of a fluid, the measuring apparatus comprising:
a sensor carrier (40; figs. 12-14) having a fluid channel (41-43) configured to feed a fluid (10) through the sensor carrier (col. 6 line 63 – col. 7 line 55);
a measuring window forming a wall area (50; figs. 13-14) of the fluid channel;
a sensor means (11-13) configured to measure at least one chemical or physical characteristic of the fluid within the fluid channel through the measuring window, and
a cleaning device (22) configured to remove fluid deposits from the measuring window,
wherein the cleaning device has a wiper element (221), which is guided, at least partially, inside the sensor carrier opposite to the measuring window (col. 7 lines 8-13), and
wherein the wiper element is configured to move (223,225; figs. 13-14) relative to the measuring window in at least two directions such that the wiper element touches the measuring window (col. 7 lines 19-21).
Regarding claim 4, Ohsaki discloses in figure(s) 1-19 the measuring apparatus according to claim 1, wherein the wiper element has a front face part made of a material which is softer than a material that the measuring window is made of (col. 7 lines 41-43; 225 figs. 13-14).
Regarding claim 5, Ohsaki discloses in figure(s) 1-19 the measuring apparatus according to claim 1, wherein a its idle position, the wiper element (221; figs. 13-14) forms a wall area of the fluid channel (col. 7 lines 25-35).
Regarding claim 6, Ohsaki discloses in figure(s) 1-19 the measuring apparatus according to claim 1, wherein in a idle position, the wiper element (221; figs. 13-14) is covered by a cover which forms a wall area of the fluid channel (col. 7 lines 46-49).
Regarding claim 7, Ohsaki discloses in figure(s) 1-19 a sensor carrier for the measuring apparatus according to claim 1, the sensor carrier comprising: a body (40; figs. 13-14), the fluid channel (41-43) formed inside the body; a body section for receiving the measuring window forming the wall area (50) of the fluid channel; and an opposite body section for receiving, at least partially, the cleaning device (22).
Claim(s) 8-9 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Wynn et al. (US 5185531; hereinafter Wynn).
Regarding claim 8, Wynn discloses in figure(s) 1-8 a method for cleaning a measuring window of a fluid channel (abs., col 1 lns. 57-68 – a cleaning operation; figs. 1-8), wherein the measuring window forms a wall part (16-17) of a fluid channel inside a sensor carrier (14; fig. 2; col. 2 lns. 25-42), the method comprising the steps:
extending a wiper element (37, 41-42) of a cleaning device from an idle position inside the sensor carrier in a working position, in which the wiper element touches the measuring window of a sensor means (21) in the senor carrier (col. 2 lns. 43-65; figs. 1, 3-6);
moving the wiper element on the measuring window until fluid deposits are removed from the measuring window (col. 2 ln. 66 – col. 3 ln. 21; figs. 7-8); and
retracting the wiper element back in the idle position (col. 2 lns. 43-65).
Regarding claim 9, Wynn discloses in figure(s) 1-8 the method according to claim 8, wherein a pressure force (col. 3 lns. 35-45 - pressurized air to cylinder 22 is controlled), a rotational speed, a rotational direction, a duration of a cleaning process, or any combination thereof are adjusted.
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 of this title, 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ohsaki in view of Grasso et al. (US 20160096511).
Regarding claim 2, Ohsaki teaches in figure(s) 1-19 the measuring apparatus according to claim 1,
Ohsaki does not teach explicitly wherein the wiper element is configured to move along a longitudinal axis of the wiper element crossing the fluid channel and to move rotationally around the longitudinal axis.
However, Grasso teaches in figure(s) 1-8 wherein the wiper element is configured to move along a longitudinal axis (L) of the wiper element (1; fig. 4) crossing the fluid channel (50) and to move rotationally (R) around the longitudinal axis (L).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Ohsaki by having wherein the wiper element is configured to move along a longitudinal axis of the wiper element crossing the fluid channel and to move rotationally around the longitudinal axis as taught by Grasso in order to provide use of known technique to improve similar devices (methods, or products) in the same way as evidenced by "a wiper blade device with a washing fluid spraying function for a wiper blade which has no internal spray ducts in a compact assembly." (para. 4).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ohsaki in view of BROUWER et al. (US 20220355766).
Regarding claim 3, Ohsaki teaches in figure(s) 1-19 the measuring apparatus according to claim 1,
Ohsaki does not teach explicitly wherein a front face part of the wiper element touching the measuring window has an extension cross to the longitudinal axis of the wiper element that is at least equal to a greatest extension of the measuring window in a transversal direction of the measuring window.
However, BROUWER teaches in figure(s) 1-3 wherein a front face part of the wiper element touching the measuring window has an extension cross to the longitudinal axis of the wiper element that is at least equal to a greatest extension of the measuring window in a transversal direction of the measuring window (abs.; 1,3; fig. 1I).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Ohsaki by having wherein a front face part of the wiper element touching the measuring window has an extension cross to the longitudinal axis of the wiper element that is at least equal to a greatest extension of the measuring window in a transversal direction of the measuring window as taught by BROUWER in order to provide use of known technique to improve similar devices (methods, or products) in the same way as evidenced by " leaning unit comprising a wiper and a drive unit arranged for wiping the wiper over the sensor window pane" (para. 7).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KARAGOZ et al. (US 20130008466) discloses "apparatus and method for cleaning deposits and accretions from an end plate of a sensor body".
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKM ZAKARIA whose telephone number is (571)270-0664. The examiner can normally be reached on 8-5 PM (PST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached on (571) 272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKM ZAKARIA/
Primary Examiner, Art Unit 2858
