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 .
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
the limitation “a detection unit” in claim 1 includes a generic/nonce term “unit” coupled with function “detection” without reciting sufficient structure, material, or acts for performing the claimed function. A return to the specification provides the limitation “a detection unit” can be implemented in various ways, such as “a detection sensor” see figure 1. Therefore, the limitation is interpreted as the same or equivalents thereof;
the limitation “a gas detection assembly” in claim 9 includes a generic/nonce term “assembly” coupled with function “detection” without reciting sufficient structure, material, or acts for performing the claimed function. A return to the specification provides the limitation “a gas detection assembly” can be implemented in various ways, such as “a gas detection sensor” see figure 1. Therefore, the limitation is interpreted as the same or equivalents thereof;
the limitation “a pressure detection assembly” in claim 9 includes a generic/nonce term “assembly” coupled with function “detection” without reciting sufficient structure, material, or acts for performing the claimed function. A return to the specification provides the limitation “a pressure detection assembly” can be implemented in various ways, such as “a pressure detection sensor” paragraph [0068]; see figure 15. Therefore, the limitation is interpreted as the same or equivalents thereof;
the limitation “a gas detection assembly” in claim 18 includes a generic/nonce term “assembly” coupled with function “detection” without reciting sufficient structure, material, or acts for performing the claimed function. A return to the specification provides the limitation “a gas detection assembly” can be implemented in various ways, such as “a gas detection sensor” see figure 1. Therefore, the limitation is interpreted as the same or equivalents thereof; and
the limitation “a pressure sensing device” in claim 20 includes a generic/nonce term “device” coupled with function “sensing” without reciting sufficient structure, material, or acts for performing the claimed function. A return to the specification provides the limitation “a pressure sensing device” can be implemented in various ways, such as “a pressure sensor”, paragraph [0068]; see figure 15. Therefore, the limitation is interpreted as the same or equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 20 recites the limitation “the compensation unit is selected from at least one of a pressure sensing device and a temperature sensing device” in lines 2-3 which lack of written description requirement. Applicant fails to provide written description in the originally filed disclosure to support the limitation that the compensation unit is selected from a temperature sensing device. In paragraphs [0065] and [0068], applicant merely describes the compensation unit is selected from a pressure sensing device. There is no temperature sensing device being describe in the specification. Therefore, claim 20 is lack of written description. Further clarification is required.
Claim Rejections - 35 USC § 102
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: 0
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.
Claim(s) 1-2 and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birnkrant et al. (2023/0094980).
Regarding claim 1, Birnkrant discloses a gas detection device, comprising:
a detection unit (the sensor which associated with the air chamber 72 and housing 65; paragraph [0038]), comprising a detection casing (the housing 65), wherein the detection unit has an air chamber (the air chamber 72), the detection casing (65) is located at least partially on a periphery of the air chamber (72), and the detection casing (65) has a mating hole (70) in communication with the air chamber (72; see figure 4);
a circuit board (74) electrically connected to the detection unit (the sensor which associated with the air chamber 72 and housing 65; paragraph [0038]; see figure 4); and
a shell (86), wherein at least part of the detection unit (the sensor which associated with the air chamber 72 and housing 65; paragraph [0038]) is located inside the shell (86), at least part of the circuit board (74) is located inside the shell (86), the shell (86) has a ventilation hole (88) in communication with the mating hole (70), and the ventilation hole (88) is in communication with an external environment of the gas detection device, wherein the shell (86) is formed as a single integral structure (see figure 3-4).
Regarding claim 2, Birnkrant discloses the shell (86) is an integrally injection-molded piece (see figure 4), the shell (86) comprises a first casing part (the top casing part of the shell 86), the detection unit (the sensor which associated with the air chamber 72 and housing 65; paragraph [0038]) is at least partially located within the first casing part (see figures 3-4), and the first casing part is provided with the ventilation hole (88; see figures 3-4); and
at least a portion of the first casing part (the top casing part) is in contact with the detection casing (the housing 65; see figure 4).
Regarding claim 18, Birnkrant discloses a refrigerant sensor (see figures 3-4), comprising:
a detection module (64) comprising a detection casing (the housing 65), a gas detection assembly (the sensor associated with the assembly 64; paragraph [0038]) and a circuit board (74; see figure 4), the gas detection assembly (the sensor associated with the assembly 64) electrically connected to the circuit board (74), the detection casing (65) defining an air chamber (72) and a first hole (the opening 70) extending therethrough (see figure 4), and the first hole (70) being in communication with the air chamber (72; see figure 4); and
a shell (86) defining a second hole (88) communicating the first hole (70) with an external space of the refrigerant sensor (see figures 3-4);
wherein the detection module (64) comprises an outer surface (66), and the shell (84) is formed as one integral piece wrapped on the outer surface (66; see figure 4).
Regarding claim 19, Birnkrant discloses the gas detection assembly (64) comprises a light source and a light detector (paragraph [0006]), the light source and the light detector are electrically connected to the circuit board (74), respectively (paragraph [0006]), and the light source, the light detector and the detection casing (65) are located on a periphery of the air chamber (72; paragraphs [0006] and [0038]; see figure 4); and the shell (86) is integrally injection-molded with the detection module (64) embedded therein as an insert (see figure 4).
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birnkrant which is applied as an alternative.
Regarding claim 1, Birnkrant applied as an alternative discloses a gas detection device, comprising:
a detection unit (the sensor which associated with the air chamber 72 and housing 65; paragraph [0038]), comprising a detection casing (the housing 65), wherein the detection unit has an air chamber (the air chamber 72), the detection casing (65) is located at least partially on a periphery of the air chamber (72), and the detection casing (65) has a mating hole (70) in communication with the air chamber (72; see figure 4);
a circuit board (74) electrically connected to the detection unit (the sensor which associated with the air chamber 72 and housing 65; paragraph [0038]; see figure 4); and
a shell (86 and 52), wherein at least part of the detection unit (the sensor which associated with the air chamber 72 and housing 65; paragraph [0038]) is located inside the shell (86 and 52), at least part of the circuit board (74) is located inside the shell (86 and 52), the shell (86 and 52) has a ventilation hole (88) in communication with the mating hole (70), and the ventilation hole (88) is in communication with an external environment of the gas detection device, wherein the shell (86) is formed as a single integral structure (Birnkrant discloses the housing, the internal housing 65 and the shell 86 may be integrated; paragraph [0045]; see figure 3-4).
Regarding claim 2, Birnkrant applied as an alternative discloses the shell (86 and 52) is an integrally injection-molded piece (Birnkrant discloses the housing, the internal housing 65 and the shell 86 may be integrated; paragraph [0045]; see figures 3-4), the shell (86 and 52) comprises a first casing part (86), the detection unit (the sensor which associated with the air chamber 72 and housing 65; paragraph [0038]) is at least partially located within the first casing part (86; see figures 3-4), and the first casing part (86) is provided with the ventilation hole (88; see figures 3-4); and
at least a portion of the first casing part (86) is in contact with the detection casing (the housing 65; see figure 4).
Regarding claim 3, Birnkrant applied as an alternative discloses the first casing part (86) comprises a first wall part (the top wall of the shell 86) and a first peripheral wall (the peripheral wall of the shell 86), the first peripheral wall extends outward from the first wall part (see figures 3-4), and the first wall part (the top wall of the shell 86) is provided with the ventilation hole (88; see figures 3-4);
the detection casing (the housing 65) has an outer surface (top sensor cover 66), and the mating hole (70) penetrates the outer surface (66; see figure 4); and
at least a portion of the first wall part (the top wall of the shell 86) is in contact with the outer surface (66; see figure 4).
Regarding claim 5, Birnkrant applied as an alternative discloses the shell (86 and 52) further comprises a second casing part (52), the first casing part (86) is connected to the second casing part (52; see figures 3-4), the circuit board (74) is at least partially located within the second casing part (52), and the second casing part (52) is at least partially in contact with the circuit board (74; see figure 4), and the first casing part (86) and the second casing part (52) are integrally injection-molded (Birnkrant discloses the housing, the internal housing 65 and the shell 86 may be integrated; paragraph [0045]; see figures 3-4);
the second casing part (52) comprises a second wall part (54), a third wall part (56) and a second peripheral wall (the peripheral wall of the second casing part 52), the second peripheral wall (the peripheral wall of the second casing part 52) connects the second wall part (54) and the third wall part (56), and along a thickness direction of the circuit board (74; see figure 4), the second wall part (54) and the third wall part (56) are located on different sides of the circuit board (74; see figure 4); and
the circuit board (74) comprises a first side (the upper side), a second side (the lower side) and a second peripheral surface (the peripheral surface of the circuit board 74), the second wall part (54) is in contact with the first side (the upper side) of the circuit board (74; see figure 4), the third wall part (65) is in contact with the second side (the lower side) of the circuit board (74; see figure 4), and the second peripheral surface (the peripheral surface of the circuit board 74) is in contact with the second peripheral wall (the peripheral wall of the second casing part 52; see figure 4).
Allowable Subject Matter
Claims 4 and 6-17 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.
Claim 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The primary reference Birnkrant taken alone or in combination fails to disclose the claimed structure of the gas detection device as required in claims 4 and 6-17 and the claim structure of the refrigerant sensor as required in claim 20. Also, the prior art of record fails to provide further teachings or motivations to modify the gas detection device or the refrigerant sensor of Birnkrant in order to arrive the claim invention. Therefore, claims 4, 6-17 and 20 are allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KUN KAI MA/Primary Examiner, Art Unit 3763
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