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 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 8 is 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.
Claim 8 recites the limitation "the bore" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 (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 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) 1-8, 11 and 13 (8 as understood) is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Produal (EP 4177585 A1), which discloses:
1. A pneumatic adapter for an HVAC sensor device, the pneumatic adapter comprising:
an adapter body made of an elastomer (FIGS 1a-1e, para. 0026), the adapter body having:
two inlet openings (13’, 13’’) extending into the adapter body (11) in a main extension direction and configured to connect to two pneumatic ports (23’, 23’’) of the HVAC sensor device, respectively,
two outlet openings (14’, 14’’) extending into the adapter body (11) and configured to connect to two pneumatic connectors (22’’) of a sensor unit (22) of the HVAC sensor device, the sensor unit configured for measuring at least one characteristic of an HVAC fluid (e.g., para. 0032); and
two channels (11, 12) connecting the two inlet openings to the two outlet openings, respectively (FIGS 1a-1e, 3a, 3b).
2. The pneumatic adapter of claim 1, wherein the adapter body comprises: two pneumatic sockets defining the two inlet openings (by definition, the structure that defines inlet openings 13) and made of the elastomer: two pneumatic sockets defining the two outlet openings (by definition, the structure that defines outlet openings 14) and made of the elastomer; and an interface member made of a material different than the elastomer (para. 0026), the interface member forming the two channels (be definition).
3. The pneumatic adapter of claim 1, wherein the inlet openings are arranged on a first side of the adapter body, the outlet openings are arranged on a second side (16) of the adapter body, wherein the second side is arranged substantially perpendicular to the first side (e.g., see FIGS 5a-5d).
4. The pneumatic adapter of claim 1, wherein the inlet openings are arranged on a first side of the adapter body, the outlet openings are arranged on a second side of the adapter body, wherein the second side is arranged substantially parallel to the first side (e.g., FIGS 1a-1e).
5. The pneumatic adapter of one of claim 1, wherein the adapter body includes a bore extending through the adapter body in a direction perpendicular to the main extension direction of the inlet openings (FIGS 5a-5d).
6. The pneumatic adapter of one of claim 1, further comprising a rigid frame (15, 16) arranged on at least two lateral sides of the adapter body with respect to the main extension direction.
7. The pneumatic adapter of one of claim 1, wherein the adapter body has a stepped contacting surface (13, 14, 15, 16).
8. The pneumatic adapter of claim 7, wherein the stepped contacting surface has a first section (13, 15) which includes the bore and a second section (14, 16) which includes the two outlet openings (14’, 14’’).
11. An HVAC sensor device comprising a sensor unitconfigured for measuring at least one characteristic of an HVAC fluid, wherein the sensor unit is connected to a pneumatic adapter according to one of claim 1 (see para. 0032).
13. The HVAC sensor device (6) of one of claims 11, wherein the sensor unit (2) is configured to measure at least one of the following characteristics of an HVAC fluid: an absolute pressure, a differential pressure, a temperature, a CO₂ concentration, or a particulate matter concentration (it’s a pressure sensor; see para. 0032).
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Produal alone.
Produal discloses wherein the two inlet openings extend, in the main extension direction entirely through the adapter body forming two exit holes (e.g., FIGS 1a-1e), but does not disclose the exit holes to be sealed by way of sealing plugs. However sealing plugs were well-known in the art before the effective filing date (official notice) and it would have been obvious to use sealing plugs in the exit holes as claimed in order to prevent debris entry prior to placement into service.
Allowable Subject Matter
Claims 10 and 12 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2009/0194831 discloses a similar body, inlet ports and outlet ports for use with a PCB pressure sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
10/5/26
