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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07 May 2025 has been entered.
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, 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.
Claims 1, 3-6, 12, 21, 22, 25-28, 30, 31 and 33 rejected under 35 U.S.C. 103 as being unpatentable over DE4131582, hereinafter DE in view of Collins et al. (U.S. Patent No. 5,316,035, hereinafter Collins).
With respect to Claim 1, DE discloses
a system for continuous and non-invasive measurement of a level and/or a mass of a non-conductive or weakly-conductive bulk material [page 2 para 1], comprising:
a cylindrical vessel [page 4, line 1] having a longitudinal axis and a sidewall [3];
a first probe [1 and 4] including a first sensor [1] and an electrically insulated first guard surface [4] surrounding the first sensor, the first probe being disposed on the sidewall along the longitudinal axis at a first location; wherein the first probe is configured to measure at least one of level and/or mass as continuous functions of time said to determine an amount of bulk material inside the vessel [see page 2 para 1].
DE does not disclose a plurality of probes disposed only on one side of the cylindrical vessel and aligned with one another, the plurality of probes including: a second probe including a second sensor, the second probe being disposed on the sidewall along the longitudinal axis at a second location axially spaced away from the first location; wherein the second probe is also configured to measure at least one of level and/or mass as continuous functions of time said to determine an amount of bulk material inside the vessel.
Collins shows an example of using two probes [586 and 586.1 are one probe] and [587 and 587.1 are a second probe] that are coaxial on the outer wall of the container, are disposed only on one side of the cylindrical vessel, are aligned with one another, and independently measure the level inside the container, see fig 24.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify DE by duplicating the first probe at another coaxial location, on one side of the cylindrical vessel, aligned with one another for the benefit of monitoring the level at multiple heights in the vessel.
With respect to Claim 3, DE discloses a method for the continuous and non-invasive measurement of a level and/or mass of a non-conductive or weakly-conductive bulk material [page 2; para 1] in a vessel, wherein the vessel comprises a sensor [1], an electrically insulated guard surface [4] surrounding the sensor, and an electrically insulated ground surface [2], and wherein the method comprises the steps of: a) introducing the non-conductive or weakly-conductive bulk material into the vessel; b) continuously measuring the voltage [page 3, para 2] between the electrically insulated guard surface while said bulk material is inside the vessel; and c) correlating the voltage measurements to the level and/or mass of said bulk material, while said bulk material resides in the vessel at the time of said measurements.
DE does not disclose a second probe including a second sensor, with only a single probe being disposed at a given longitudinal extent, the second probe being disposed on the sidewall along the longitudinal axis at a second location axially spaced away from the first location; wherein the second probe is also configured to measure at least one of level and/or mass as continuous functions of time said to determine an amount of bulk material inside the vessel.
Collins shows an example of using two probes [586 and 586.1 are one probe] and [587 and 587.1 are a second probe] that are coaxial on the outer wall of the container, with only a single probe being disposed at a given longitudinal extent, the second probe being disposed on the sidewall along the longitudinal axis at a second location axially spaced away from the first location; wherein the second probe is also configured to measure at least one of level of material in the vessel. see fig 24.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify DE by duplicating the first probe at another coaxial location with only a single probe being disposed at a given longitudinal extent, the second probe being disposed on the sidewall along the longitudinal axis at a second location axially spaced away from the first location; wherein the second probe is also configured to measure at least one of level of material in the vessel for the benefit of monitoring the level at multiple heights in the vessel.
With respect to Claim 4, DE discloses that the non-conductive or weakly-conductive bulk material is static inside the vessel. It’s static when not being filled.
With respect to Claim 5, DE discloses that the non-conductive or weakly-conductive bulk material is flowing through the inside of the vessel. Measuring a level implies a change of level, and when material is added, it flows inside the vessel.
With respect to Claim 6, DE discloses that the vessel is a tube of concave cross-section [see fig 2], wherein the electrically insulated guard surface [4] and the electrically insulated ground surface [2] form parts of the tube wall, and wherein the sensor [1] is attached to the inside surface of the tube wall comprising the electrically insulated guard surface.
With respect to Claim 12, DE discloses that the non-conductive or weakly- conductive bulk material is a powder or a dielectric fluid. See page 2 para 1.
With respect to Claim 21, DE discloses a vessel comprising: a body having a sidewall [3]; a first probe including a first sensor [1], an electrically insulated first guard surface [ both 6 and 4 read on the guard surface] surrounding the first sensor, and an electrically insulated ground surface [2]; and a second probe including a second sensor [3, note sidewall 3 is a detecting electrode] disposed away from the first sensor.
DE does not disclose a second probe including a second sensor, that doesn’t overlap with the first probe and is circumferentially aligned with the first probe, the second probe being disposed on the sidewall along the longitudinal axis at a second location axially spaced away from the first location; wherein the second probe is also configured to measure at least one of level and/or mass as continuous functions of time said to determine an amount of bulk material inside the vessel.
Collins shows an example of using two probes [586 and 586.1 are one probe] and [587 and 587.1 are a second probe] that don’t overlap and are circumferentially aligned, the second probe being disposed on the sidewall along the longitudinal axis at a second location axially spaced away from the first location; wherein the second probe is also configured to measure at least one of level and/or mass as continuous functions of time said to determine an amount of bulk material inside the vessel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify DE to have a second probe including a second sensor, that doesn’t overlap with the first probe and is circumferentially aligned with the first probe, the second probe being disposed on the sidewall along the longitudinal axis at a second location axially spaced away from the first location; wherein the second probe is also configured to measure a level inside the vessel for the benefit of sensing multiple heights along the vessel.
With respect to Claim 22, DE discloses that the body is generally cylindrical [fig 2] and includes a proximal end [outermost part of device] and a distal end [innermost part of device], and wherein the second probe [3] is disposed adjacent the proximal end perpendicular to a longitudinal axis of the body, and further comprising a second guard surface [5] that is concave and disposed adjacent the second sensor.
With respect to Claim 25, DE discloses that the second guard surface at least partially extends along a circumference of the body. Clear from figs 1 and 2.
With respect to Claim 26, DE discloses that the first probe [1] is disposed adjacent a distal end of the body and the second probe [3] is disposed adjacent a proximal end of the body.
With respect to Claim 27, DE discloses that the first guard surface [6] is disposed adjacent both the first sensor and the second sensor and forms a common guard for the first and second sensors.
With respect to Claim 28, DE discloses that the first guard surface [4] and the second guard surface [4] are spaced apart from one another.
With respect to Claim 30, DE discloses that the second probe is a non-invasive reference capacitance detector [3] configured and arranged to continuously record the dielectric properties of a non-conductive or weakly-conductive bulk material in the vessel as continuous functions of time and amount of the bulk material inside the vessel.
With respect to Claim 31, DE discloses that the second probe [3] is configured and arranged to measure dielectric properties of a bulk material to evaluate the level and/or mass of the bulk material inside the vessel. See page 4, para 2
With respect to Claim 33, DE discloses a method of measuring a level and/or mass of a non-conductive or weakly-conductive bulk material in a vessel [3] comprising: providing a vessel having a body, a first probe including a first sensor [1], an electrically insulated first guard surface [5] and an electrically insulated first ground surface [2], and a second probe including a second sensor [3] spaced from the first sensor: introducing the non-conductive or weakly-conductive bulk material into the body; continuously measuring the voltage between the first sensor and the electrically insulated first ground surface while the bulk material is inside the vessel; and continuously measuring the voltage between the second sensor and the electrically insulated ground surface; and correlating the voltage measurements of the first sensor and the voltage measurements of the second sensor to the level and/or mass of said bulk material, while the bulk material resides in the vessel at the time of the measurements, and while the bulk material may change its dielectric properties continuously with time. See page 4, para 1.
DE does not disclose a plurality of probes disposed only on one side of the cylindrical vessel and aligned with one another, the plurality of probes including: a second probe including a second sensor, the second probe being disposed on the sidewall along the longitudinal axis at a second location axially spaced away from the first location; wherein the second probe is also configured to measure at least one of level and/or mass as continuous functions of time said to determine an amount of bulk material inside the vessel.
Collins shows an example of using two probes [586 and 586.1 are one probe] and [587 and 587.1 are a second probe] that are coaxial on the outer wall of the container, are disposed only on one side of the cylindrical vessel, are aligned with one another, and independently measure the level inside the container, see fig 24.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify DE by duplicating the first probe at another coaxial location, on one side of the cylindrical vessel, aligned with one another for the benefit of monitoring the level at multiple heights in the vessel.
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over DE and Collins in further view of Dammig et al. (U.S. Patent No. 3,639,835, hereinafter Dammig).
With respect to Claim 2, DE discloses that the sensor is a conductor [voltage sent via lines 7] that is attached to the inside surface of the tube [fig 2] and is connected to processing electronics [inherent, the measuring lines connect to something that reads voltages and processes the signal into a level measurement] by one or more inner conductors [via measuring lines 7].
DE doesn’t specifically mention that the one or more inner conductors reside inside a coaxial cable surrounded by one or more outer conductors held at the guard voltage, and wherein the processing electronics reside outside the vessel.
Dammig shows another capacitive based bulk material level measuring device that has cable 22 connecting measuring electrodes to measuring unit 20. The examiner takes official notice that a coaxial cable is a common type of cable for carrying electronic signals.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to ensure that DE has the one or more inner conductors reside inside a coaxial cable surrounded by one or more outer conductors held at the guard voltage, and wherein the processing electronics reside outside the vessel for the benefit of easily and efficiently carrying the signal to a safe location for processing.
With respect to Claim 10, DE discloses that the sensor is a conductor [voltage sent via lines 7] that is attached to the inside surface of the tube [fig 2] and is connected to processing electronics [inherent, the measuring lines connect to something that reads voltages and processes the signal into a level measurement] by one or more inner conductors [via measuring lines 7].
DE doesn’t specifically mention that the one or more inner conductors reside inside a coaxial cable surrounded by one or more outer conductors held at the guard voltage, and wherein the processing electronics reside outside the vessel.
Dammig shows another capacitive based bulk material level measuring device that has cable 22 connecting measuring electrodes to measuring unit 20. The examiner takes official notice that a coaxial cable is a common type of cable for carrying electronic signals.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to ensure that DE has the one or more inner conductors reside inside a coaxial cable surrounded by one or more outer conductors held at the guard voltage, and wherein the processing electronics reside outside the vessel for the benefit of easily and efficiently carrying the signal to a safe location for processing.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over DE and Collins in further view of CH653130, hereinafter CH.
With respect to Claim 29, DE doesn’t disclose further comprising a metallic cup having a threaded connection, wherein the second sensor is disposed within the metallic cup.
CH shows a capacitive level probe that places the probe in a metallic cup and attaches via a threaded connection. See page 1 for metal tube that screws in and houses probe.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify DE by further comprising a metallic cup having a threaded connection, wherein the second sensor is disposed within the metallic cup for the benefit of a protected and easily replaceable second sensor.
Claims 44 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over DE and Collins in further view of Svensson et al. (U.S. Patent No. 5,361,996), hereinafter Svensson.
With respect to Claim 44, DE discloses measuring a level and/or mass of a non-conductive or weakly-conductive bulk material in a vessel according to claim 33 but doesn’t disclose a method of manufacturing a pharmaceutical product, comprising: adjusting a parameter in the manufacturing process based on the measured level and/or mass.
Svensson discloses a level monitor that controls the speed of a motor based on the amount of material in a vessel, see column 9, lines 46-52, wherein that material is pharmacological, see column 2, lines 9-12.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use DE’s level sensor in Svensson’s pharmaceutical manufacturing process for the benefit of accurately reading the material level in the vessel to control the speed of the motor.
With respect to Claim 45, the combination of Svensson and DE disclose that adjusting a parameter comprises adjusting a speed of a motor. See Svensson column 9, lines 46-52.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over DE and Collins in further view of WO96001423, hereinafter WO and Svensson et al. (U.S. Patent No. 3,349,301), hereinafter Bell.
With respect to Claim 46, neither DE or Collins disclose that the cylindrical vessel further comprises a first boss defined on the sidewall for receiving the first probe, and a second boss defined on the sidewall for receiving the second probe, the first boss and the second boss being circumferentially offset from one another.
WO shows that using bosses to attach sensors to houses is a known way to attach sensors, see page 16, final paragraph.
Bell, fig 1, shows using circumferentially spaced sensors [4,6 and 8; fig 1] to measure the level of material in a vessel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of DE and Collins that the cylindrical vessel further comprises a first boss defined on the sidewall for receiving the first probe, and a second boss defined on the sidewall for receiving the second probe, the first boss and the second boss being circumferentially offset from one another for the benefit of securely attaching the probes while also increasing accuracy in situations with uneven fill levels.
Response to Arguments
Applicant’s arguments, that the prior art doesn’t teach the newly claimed limitations have been fully considered and are persuasive. However, these limitations are taught by newly cited references as seen in the rejection above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX T DEVITO whose telephone number is (571)270-7551. The examiner can normally be reached 12pm- 8 pm EST M-S.
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/ALEX T DEVITO/Examiner, Art Unit 2855 /JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855