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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/24/2025 and 05/06/2025 has been considered by the examiner.
Claim Objections
Claims 1, 4-5, 7, and 9 are objected to because of the following informalities:
Claim 1, please amend “a measurement-object gas” to “[[a]] the measurement-object gas” in line 9; “a target gas” to “[[a]] the target gas” in line 14; “to adjust an oxygen concentration in the measurement-object gas to a predetermined concentration” to “to adjust [[an]] the oxygen concentration in the measurement-object gas to a predetermined concentration” in line 31; “calculates a concentration” to “calculates [[a]] the concentration”.
Claims 4-5, please amend “a concentration of the target gas” to “[[a]] the concentration of the target gas” (two places in each claim).
Claim 7, please amend “a voltage between the intracavity detection electrode and the reference electrode is at a predetermined value” to “[[a]] the voltage between the intracavity detection electrode and the reference electrode is at [[a]] the predetermined value”.
Claim 9, please amend “a measurement-object gas” to “[[a]] the measurement-object gas” in line 9; “a target gas” to “[[a]] the target gas” in line 14; “to adjust an oxygen concentration in the measurement-object gas to a predetermined concentration” to “to adjust [[an]] the oxygen concentration in the measurement-object gas to a predetermined concentration in line 32; “calculating a concentration” to “calculating [[a]] the concentration”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 1 and 9, “a control unit for controlling the sensor element”, which is being interpreted under 35 U.S.C. 112(f). Prong 1: a control unit (uses the generic placeholder), prong 2: for controlling the sensor element (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claims 1 and 9 invoke 112(f). However, the corresponding structure for performing the functions is described in the specification (control unit 90 includes variable power supplies 24 and 52, the heater power supply 77, and control part 91; control part 91 is realized by a general-purpose or dedicated computer [paras. 0083-0084]).
Claims 1 and 9, “a pump control part for controlling operation…”, which is being interpreted under 35 U.S.C. 112(f). Prong 1: a pump control part (uses the generic placeholder), prong 2: for controlling operation… (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claims 1 and 9 invoke 112(f). However, the corresponding structure for performing the functions is described in the specification (pump control part 93 is part of control part 91, which is realized by a general-purpose or dedicated computer, including a CPU, a memory or the like installed in the computer [para. 0084]).
Claims 1 and 9, “a concentration calculating part for calculating a concentration”, which is being interpreted under 35 U.S.C. 112(f). Prong 1: a concentration calculating part (uses the generic placeholder), prong 2: for calculating a concentration (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claims 1 and 9 invoke 112(f). However, the corresponding structure for performing the functions is described in the specification (concentration calculating part 94 is part of control part 91, which is realized by a general-purpose or dedicated computer, including a CPU, a memory or the like installed in the computer [para. 0084]).
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.
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 1-4 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 2021/0063369 A1) in view of Hoetzel (US 5,632,883).
Regarding Claim 1, Watanabe teaches a gas sensor (a gas sensor 100 [para. 0026]; illustrated in Figure 1) for detecting a target gas to be measured in a measurement-object gas (gas sensor 100 senses target gas NOx in a measurement gas [paras. 0008 and 0026]), the gas sensor comprising a sensor element (sensor element 101 [para. 0026]) and a control unit (controller 110 [para. 0026) for controlling the sensor element (controller 110 controls sensor element 101 [para. 0026]), wherein
the sensor element comprises:
a base part (sensor element 101 contains six solid electrolyte layers [para. 0028]) in an elongated plate shape (sensor element 101 is elongated planar [para. 0028]; illustrated in Figure 1), including an oxygen-ion-conductive solid electrolyte layer (first solid electrolyte layer 4 and second solid electrolyte layer 6 [para. 0028]);
a measurement-object gas flow cavity (as illustrated in Figure 1, a gas inlet 10, buffer space 12, first internal space 20, and second internal space 40 create a gas flow cavity [para. 0030]) formed from one end part in a longitudinal direction of the base part (as illustrated in Fig. 1, gas inlet 10 is formed on one end of the elongated base);
an oxygen pump cell (main pump cell 21 [para. 0042]) for adjusting an oxygen concentration in a measurement-object gas (main pump cell can either pump out or pump in oxygen to adjust the oxygen concentration [para. 0047]), the oxygen pump cell including: an intracavity oxygen pump electrode (inner pump electrode 22 [para. 0047]) disposed in the measurement-object gas flow cavity (as illustrated in Fig. 1, inner pump electrode 22 is disposed in the measurement-object gas flow cavity); and an extracavity oxygen pump electrode (outer pump electrode 23 [para. 0047]) disposed at a position different from the measurement-object gas flow cavity on the base part (as illustrated in Fig. 1, outer pump electrode 23 is disposed outside the measurement-object gas flow area and is on the base part) and corresponding to the intracavity oxygen pump electrode (main pump cell 21 is formed from inner pump electrode 22 and outer pump electrode 23 [para. 0047]);
a decomposing pump cell (measurement pump cell 41 [para. 0061]) for decomposing a target gas to be measured in the measurement-object gas (measurement electrode 44 functions as a NOx catalyst to reduce NOx [para. 0061]), the decomposing pump cell including: an intracavity decomposing pump electrode (measurement electrode 44 [para. 0061]) disposed at a position farther from the one end part in the longitudinal direction of the base part than the intracavity oxygen pump electrode in the measurement-object gas flow cavity (as illustrated in Figure 1, measurement electrode 44 is located farther from the gas inlet 10 compared to the inner pump electrode 22); and an extracavity decomposing pump electrode disposed at a position different from the measurement-object gas flow cavity on the base part and corresponding to the intracavity decomposing pump electrode (as illustrated in Figure 1, outer pump electrode 23 is located outside of the gas flow cavity and corresponds to the measurement electrode 44 in measurement pump cell 41 [para. 0061]);
an intracavity detection electrode (measurement electrode 44 [para. 0065]) disposed at a position farther from the one end part in the longitudinal direction of the base part than the intracavity decomposing pump electrode in the measurement-object gas flow cavity (as illustrated in Figure 1, measurement electrode 44 is the electrode disposed farthest into the gas cavity compared to any electrode);
a reference electrode (reference electrode 42 [para. 0048]) disposed inside the base part to be in contact with a reference gas (as illustrated in Fig. 1, reference electrode 42 is disposed inside the base part and in contact with outside air);
and the control unit comprises:
a pump control part (integrated control part 111 that includes main pump control part 112, auxiliary pump control part 113, and a measurement pump control part 114 [para. 0076]) for controlling operation of the oxygen pump cell (main pump control part 112 controls the main pump cell 21 [para. 0078]) and the decomposing pump cell (measurement pump control part 114 operation of the measurement pump cell 41 [para. 0080]);
a concentration calculating part (a concentration calculating part 116 [para. 0076]) for calculating a concentration of the target gas (concentration calculating part calculates the NOx concentration [para. 0082]) to be measured in the measurement-object gas (gas that enters gas sensor is the measurement gas [para. 0036]), wherein
the pump control part operates the oxygen pump cell to adjust an oxygen concentration in the measurement-object gas to a predetermined concentration (main pump control part 112 controls operation of the main pump cell 21 to a desired oxygen partial pressure [para. 0078]),
the pump control part operates the decomposing pump cell so that a voltage (voltage V2 in Fig 1 [para. 0066]) between the intracavity detection electrode and the reference electrode (V2 is applied to measurement pump cell 41 [para. 0066]) is at a predetermined value (voltage V2 applied to measurement pump cell 41 is keep constant [para. 0066]), thereby decomposing at least a part of the target gas to be measured in the measurement-object gas at the intracavity decomposing pump electrode of the decomposing pump cell and pumping out, by the decomposing pump cell, oxygen generated by decomposing the target gas to be measured (NOx in the measurement gas is reduced to generate oxygen, and oxygen is pumped by the measurement pump cell 41 [para. 0066]).
Watanabe is silent on the concentration calculating part calculates a concentration of the target gas to be measured in the measurement-object gas based on a value of a voltage between the intracavity decomposing pump electrode and the reference electrode.
Hoetzel teaches a method for detecting oxygen in a gas to be measured (abstract), and teaches the concentration calculating part calculates a concentration of the target gas to be measured in the measurement-object gas based on a value of a voltage between the intracavity decomposing pump electrode and the reference electrode (a voltage is measured between the measuring electrode 4 and the reference electrode 5 [col. 2 lines 37-40]; to measure voltage, a switching means 12 is added for a measurement pump cell between a direct-current voltage source 8 and a series resistor 7 [col. 2, lines 47-49]; where the current is disconnected via the switching unit so that the oxygen concentration is measured via the change in voltage between the measuring electrode 4 and the reference electrode 5 over a period of time [Claim 2 – col. 4 lines 49-63]).
Watanabe and Hoetzel are considered analogous art to the claimed invention because they are in the same field of gas sensors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the gas sensor of Watanabe by adding a switching unit to the measurement pump cell to switch the applied current on/off, and to modify the concentration calculating unit of Watanabe so that the concentration calculating part calculates a concentration of the target gas to be measured in the measurement-object gas based on a value of a voltage between the intracavity decomposing pump electrode and the reference electrode, as taught by Hoetzel, as measuring voltage is an alternative method to measure the oxygen concentration (Hoetzel, [Claim 2]).
Regarding Claim 2, modified Watanabe teaches the gas sensor according to claim 1.
Watanabe teaches the pump control part adjusts the voltage between the intracavity decomposing pump electrode and the reference electrode so that the voltage between the intracavity detection electrode and the reference electrode is at the predetermined value (variable power supply 46 is controlled so that V2 is kept constant in measurement sensor cell 82 [para. 0066]), thereby decomposing at least the part of the target gas to be measured in the measurement-object gas at the intracavity decomposing pump electrode of the decomposing pump cell and pumping out, by the decomposing pump cell, oxygen generated by decomposing the target gas to be measured (NOx in the measurement gas is reduced to generate oxygen, and oxygen is pumped by the measurement pump cell 41 [para. 0066]).
Watanabe is silent on the concentration calculating part calculates the concentration of the target gas to be measured in the measurement-object gas based on a value of the adjusted voltage between the intracavity decomposing pump electrode and the reference electrode.
However, as the gas sensor of modified Watanabe has been modified to calculate NOx concentration based on the voltage (see claim 1 rejection above), it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the concentration calculating part of modified Watanabe to calculate the concentration of the target gas to be measured in the measurement-object gas based on a value of the adjusted voltage between the intracavity decomposing pump electrode and the reference electrode, as taught by Hoetzel, as measuring voltage is an alternative method to measure the oxygen concentration (Hoetzel, [Claim 2]).
Regarding Claim 3, modified Watanabe teaches the gas sensor according to claim 1, and teaches the control unit further comprises a switching unit for switching whether a current flows through the current measurement pump cell or not (as outlined in the Claim 1 rejection above, Hoetzel teaches a switching means 12 is added for a measurement pump cell between a direct-current voltage source 8 and a series resistor 7 [col. 2, lines 47-49]).
Watanabe teaches the sensor element further comprises a current measurement pump cell (measurement pump cell 41 [para. 0061]) including the intracavity detection electrode (measurement electrode 44 [para. 0061]), and an extracavity detection electrode (outer pump electrode 23 [para. 0061]) disposed at a position different from the measurement-object gas flow cavity on the base part and corresponding to the intracavity detection electrode (as outlined in Figure 1, outer pump electrode 23 is located outside the measurement-object gas flow cavity and located on the base part).
Regarding Claim 4, modified Watanabe teaches the gas sensor according to claim 3.
Watanabe is silent on a measurement mode switching part for switching between a voltage measurement mode in which a concentration of the target gas to be measured in the measurement-object gas is calculated based on the value of the electromotive force value between the intracavity decomposing pump electrode and the reference electrode, and a current measurement mode in which a concentration of the target gas to be measured in the measurement-object gas is calculated based on a current value flowing through the current measurement pump cell, and
the measurement switching part switches the switching unit so that a current does not flow through the current measurement pump cell in case of switching to the voltage measurement mode, and switches the switching unit so that a current flows through the current measurement pump cell in case of switching to the current measurement mode.
However, as the switching unit has been added to the measurement electrode of modified Watanabe to turn on and off the applied current, which has been modified to perform both voltage measurements (via Hoetzel in Claim 1 rejection above) and current measurements (via Watanabe measurement pump cell measures NOx based on current), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the gas sensor of modified Watanabe to include a measurement mode switching part for switching between a voltage measurement mode in which a concentration of the target gas to be measured in the measurement-object gas is calculated based on the value of the electromotive force value between the intracavity decomposing pump electrode and the reference electrode, and a current measurement mode in which a concentration of the target gas to be measured in the measurement-object gas is calculated based on a current value flowing through the current measurement pump cell, and
the measurement switching part switches the switching unit so that a current does not flow through the current measurement pump cell in case of switching to the voltage measurement mode, and switches the switching unit so that a current flows through the current measurement pump cell in case of switching to the current measurement mode, as taught by combined Watanabe and Hoetzel, as both current and voltage may be used to measure gas concentrations (Watanabe [para. 0003] and Hoetzel [Claim 2]).
Regarding Claim 7, modified Watanabe teaches the gas sensor according to claim 4.
Watanabe teaches in the current measurement mode, a current value in the current measurement pump cell is controlled so that a voltage between the intracavity detection electrode and the reference electrode is at a predetermined value (feedback control using pump current Ip2 is performed by adjusting measurement pump voltage Vp2 so that the value of the electromotive force V2 is in accordance with desired oxygen partial pressure [para. 0080]).
Regarding Claim 8, modified Watanabe teaches the gas sensor according to claim 1.
Watanabe teaches wherein the target gas to be measured is nitrogen oxide NOx (gas sensor 100 is a limiting-current type NOx sensor [para. 0026]).
Regarding Claim 9, Watanabe teaches a control method of a gas sensor (a gas sensor 100 [para. 0026]; illustrated in Figure 1 and method for controlling said gas sensor described in [paras. 0074-0085]) for detecting a target gas to be measured in a measurement-object gas (gas sensor 100 senses NOx [para. 0026]), the gas sensor comprising a sensor element (sensor element 101 [para. 0026]) and a control unit (controller 110 [para. 0026) for controlling the sensor element (controller 110 controls sensor element 101 [para. 0026]), wherein
the sensor element comprises:
a base part (sensor element 101 contains six solid electrolyte layers [para. 0028]) in an elongated plate shape (sensor element 101 is elongated planar [para. 0028]; illustrated in Figure 1), including an oxygen-ion-conductive solid electrolyte layer (first solid electrolyte layer 4 and second solid electrolyte layer 6 [para. 0028]);
a measurement-object gas flow cavity (as illustrated in Figure 1, a gas inlet 10, buffer space 12, first internal space 20, and second internal space 40 create a gas flow cavity [para. 0030]) formed from one end part in a longitudinal direction of the base part (as illustrated in Fig. 1, gas inlet 10 is formed on one end of the elongated base);
an oxygen pump cell (main pump cell 21 [para. 0042]) for adjusting an oxygen concentration in a measurement-object gas (main pump cell can either pump out or pump in oxygen to adjust the oxygen concentration [para. 0047]), the oxygen pump cell including: an intracavity oxygen pump electrode (inner pump electrode 22 [para. 0047]) disposed in the measurement-object gas flow cavity (as illustrated in Fig. 1, inner pump electrode 22 is disposed in the measurement-object gas flow cavity); and an extracavity oxygen pump electrode (outer pump electrode 23 [para. 0047]) disposed at a position different from the measurement-object gas flow cavity on the base part (as illustrated in Fig. 1, outer pump electrode 23 is disposed outside the measurement-object gas flow area and is on the base part) and corresponding to the intracavity oxygen pump electrode (main pump cell 21 is formed from inner pump electrode 22 and outer pump electrode 23 [para. 0047]);
a decomposing pump cell (measurement pump cell 41 [para. 0061]) for decomposing a target gas to be measured in the measurement-object gas (measurement electrode 44 functions as a NOx catalyst to reduce NOx [para. 0061]), the decomposing pump cell including: an intracavity decomposing pump electrode (measurement electrode 44 [para. 0061]) disposed at a position farther from the one end part in the longitudinal direction of the base part than the intracavity oxygen pump electrode in the measurement-object gas flow cavity (as illustrated in Figure 1, measurement electrode 44 is located farther from the gas inlet 10 compared to the inner pump electrode 22); and an extracavity decomposing pump electrode disposed at a position different from the measurement-object gas flow cavity on the base part and corresponding to the intracavity decomposing pump electrode (as illustrated in Figure 1, outer pump electrode 23 is located outside of the gas flow cavity and corresponds to the measurement electrode 44 in measurement pump cell 41 [para. 0061]);an intracavity detection electrode (measurement electrode 44 [para. 0065]) disposed at a position farther from the one end part in the longitudinal direction of the base part than the intracavity decomposing pump electrode in the measurement-object gas flow cavity (as illustrated in Figure 1, measurement electrode 44 is the electrode disposed farthest into the gas cavity compared to any electrode);
a reference electrode (reference electrode 42 [para. 0048]) disposed inside the base part to be in contact with a reference gas (as illustrated in Fig. 1, reference electrode 42 is disposed inside the base part and in contact with outside air);
and
the control unit comprises:
a pump control part (integrated control part 111 that includes main pump control part 112, auxiliary pump control part 113, and a measurement pump cell control part 114 [para. 0076]) for controlling operation of the oxygen pump cell (main pump control part 112 controls the main pump cell 21 [para. 0078]) and the decomposing pump cell (measurement pump control part 114 operation of the measurement pump cell 41 [para. 0080]);
a concentration calculating part (a concentration calculating part 116 [para. 0076]) for calculating a concentration of the target gas (concentration calculating part calculates the NOx concentration [para. 0082]) to be measured in the measurement-object gas (gas that enters gas sensor is the measurement gas [para. 0036]), wherein
a pump controlling step of operating the oxygen pump cell to adjust an oxygen concentration in the measurement-object gas to a predetermined concentration (main pump control part 112 controls operation of the main pump cell 21 to a desired oxygen partial pressure [para. 0078]),
operating the decomposing pump cell so that a voltage (voltage V2 in Fig 1 [para. 0066]) between the intracavity detection electrode and the reference electrode (V2 is applied to measurement pump cell 41 [para. 0066]) is at a predetermined value (voltage V2 applied to measurement pump cell 41 is keep constant [para. 0066]), thereby decomposing at least a part of the target gas to be measured in the measurement-object gas at the intracavity decomposing pump electrode of the decomposing pump cell and pumping out, by the decomposing pump cell, oxygen generated by decomposing the target gas to be measured (NOx in the measurement gas is reduced to generate oxygen, and oxygen is pumped by the measurement pump cell 41 [para. 0066]).
Watanabe is silent on a concentration calculating step of calculating a concentration of the target gas to be measured in the measurement-object gas based on a value of a voltage between the intracavity decomposing pump electrode and the reference electrode by the concentration calculating part.
Hoetzel teaches a method for detecting oxygen in a gas to be measured (abstract), and teaches the concentration calculating part calculates a concentration of the target gas to be measured in the measurement-object gas based on a value of a voltage between the intracavity decomposing pump electrode and the reference electrode by the concentration calculating part (a voltage is measured between the measuring electrode 4 and the reference electrode 5 [col. 2 lines 37-40]; to measure voltage, between the measuring electrode 4 and the reference electrode 5 a switching means 12 is added for a measurement pump cell between a direct-current voltage source 8 and a series resistor 7 [col. 2, lines 47-49]; where the current is disconnected via the switching unit so that the oxygen concentration is measured via the change in voltage between the measuring electrode 4 and the reference electrode 5 over a period of time [Claim 2 – col. 4 lines 49-63]).
Watanabe and Hoetzel are considered analogous art to the claimed invention because they are in the same field methods of measuring gas concentrations using gas sensors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the concentration calculating step of Watanabe so that the concentration calculating step of calculating a concentration of the target gas to be measured in the measurement-object gas based on a value of a voltage between the intracavity decomposing pump electrode and the reference electrode by the concentration calculating part, as taught by Hoetzel, as measuring voltage is an alternative method to measure the oxygen concentration (Hoetzel, [Claim 2]).
Allowable Subject Matter
Claims 5-6 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 following is a statement of reasons for the indication of allowable subject matter:
Claim 5 is allowable for disclosing the following limitation: the measurement mode switching part switches to electromotive force measurement mode when the measurement mode switching part determines that a concentration of the target gas to be measured detected in the current measurement mode is lower than a predetermined first concentration threshold value C1, and the measurement mode switching part switches to the current measurement mode when the measurement mode switching part determines that a concentration of the target gas to be measured detected in the electromotive force measurement mode is higher than a predetermined second concentration threshold value C2.
The closest prior art to the present application is Watanabe (US 2021/0063369 A1) in view of Hoetzel (US 5,632,883).
As outlined in the U.S.C. 103 rejections above, Watanabe in view of Hoetzel teaches the gas sensor according to claim 4. In addition, although Watanabe teaches measuring a gas concentration via a current measurement pump cell (measurement pump cell 41 of Watanabe [para. 0061]) and Hoetzel teaches measuring a gas concentration via a change in voltage by switching off the current applied to a measurement pump cell (Hoetzel, [Claim 2]), neither Watanabe nor Hoetzel teach switching between a current measurement mode and a voltage measurement mode based on concentration thresholds of the target gas. Claim 6 is dependent on Claim 5 and is allowable for the same reason above.
Conclusion
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/R.L.G./Examiner, Art Unit 1795
/SHIZHI QIAN/Primary Examiner, Art Unit 1795
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