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 (IDS) submitted on 10/22/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “capacitance diodes” as recited in claim 22, “the capacitance diodes are connectable in series or in parallel to the plate capacitor” as recited in claim 23 must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Response to Arguments
2 Applicant’s arguments with respect to claim(s) 14-18 and 22-33 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
3. Claim 14-18 and 30 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by YLI-HALLILA et al. (US 2017/0336337 A1).
PNG
media_image1.png
922
784
media_image1.png
Greyscale
4 Regarding to claim 14, YLI-HALLILA discloses a device for capacitive determination (the apparatus 500) of a quartz proportion in a material, the device comprising:
an oscillating circuit (resonance circuit CIR1) with a coil (inductor L1) and a plate capacitor (capacitor C1) the plate capacitor fillable with the material as a dielectric (The oscillating electric field generated by the sensor antenna may interact with the heterogeneous mixture so that the complex dielectric permittivity of the heterogeneous mixture may have an effect on the capacitance of the resonance circuit, see paragraph [0018])
the device (the apparatus 500) configured to record and evaluate a frequency response of the dielectric to determine the quartz proportion in the material (see Paragraphs [0009] & [0067]); and
wherein the frequencies applied to the dielectric lie in a range from 100 to 500 kHz (The frequency of the driving signal S0 may be e.g. in the range of 100 kHz to 1 GHz, preferably in the range of 10 MHz to 100 MHz see Paragraph [0053]).
5 Regarding to claim 15, YLI-HALLILA discloses the device as recited in claim 14 wherein the determination of the quartz proportion in the material takes place capacitively (capacitor C1).
6 Regarding to claim 16, YLI-HALLILA discloses the device as recited in claim 14 further comprising a voltage source set up to excite the oscillating circuit to oscillate (see paragraph [0053])
7 Regarding to claim 17, YLI-HALLILA discloses the device as recited in claim 14 further comprising
a controller set up to record the frequency response of the dielectric (see paragraph [0067]).
8 Regarding to claim 18, YLI-HALLILA discloses the device as recited in claim 17 wherein the controller is also set up to apply different frequencies to the dielectric (see Paragraph [0053])
9 Regarding to claim 30, YLI-HALLILA discloses the device as recited in claim 14 wherein the device is configured to set different frequencies (see Paragraph [0053])
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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.
10. Claim 22-24 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over YLI-HALLILA et al. (US 2017/0336337 A1) in further view of Gehrig et al. (US 20110181304 A1).
11 Regarding to claim 22, YLI-HALLILA discloses the device as recited in claim 14.
YLI-HALLILA does not explicitly teach capacitance diodes for setting different frequencies in the oscillating circuit
However, Gehrig teaches capacitance diodes for setting different frequencies in the oscillating circuit (Fig. 9 Item 492 discloses measuring capacitor 21, e.g. a planar plate capacitor with capacitance diodes 492 in Paragraph [0040 & 0052]).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify YLI-HALLILA to have a plate capacitor with capacitance diodes as suggested by Gehrig with the benefits of a capable of being balanced in a simple, rapid, cost-effective and especially automatic way Paragraph [0011]).
12 Regarding to claim 23, YLI-HALLILA as modified discloses the device as recited in claim 22.
wherein the capacitance diodes are connectable in series or in parallel.to the plate capacitor of the oscillating circuit (Fig. 9 of Gehrig).
13 Regarding to claim 24, YLI-HALLILA discloses the device as recited in claim 14 further comprising a circuit for setting different frequencies in the oscillating circuit (resonance circuit CIR1).
YLI-HALLILA does not explicitly teach an analog switch circuit.
However, Gehrig teaches an analog switch circuit (Fig. 2 Item 422 discloses measuring circuit 2 and t interface 7 which triggers the switches 422 in Paragraph [0043]).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify YLI-HALLILA to have a plate capacitor with an analog switch circuit as suggested by Gehrig with the benefits of a capable of being balanced in a simple, rapid, cost-effective and especially automatic way Paragraph [0011]).
14. Claim 25-27, 29, and 31-33 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over YLI-HALLILA et al. (US 2017/0336337 A1) in view of ZHENG Mingqi (Applicant’s Provided NPL BRIEF ANALYSIS OF METHODS OF DETECTING
AND ANALYSING FREE SILICA IN DUST).
15 Regarding to claim 25, YLI-HALLILA discloses a method for capacitive determination of a quartz proportion in a material (the device is considered to be capable of measuring the quartz proportion if can measure frequency range of quartz),, the method comprising the following steps:
a) providing a device for capacitive (apparatus 500) determination of a proportion in a material (the device is considered to be capable of measuring the quartz proportion if can measure frequency range of quartz), the device comprising:
an oscillating circuit with a coil (inductor L1) and a plate capacitor (capacitor C1]), the plate capacitor fillable with the material as a dielectric (The oscillating electric field generated by the sensor antenna may interact with the heterogeneous mixture so that the complex dielectric permittivity of the heterogeneous mixture may have an effect on the capacitance of the resonance circuit , see paragraph [0018]) the device configured to record and evaluate a frequency response of the dielectric to determine the quartz proportion in the material (see Paragraphs [0009]);
b) filling the plate capacitor with the material, wherein the proportion in a material is to be determined (see paragraph [0067])
c) setting different frequencies or inductances in an oscillating circuit of the device (see Paragraph [0053]);
d) recording a frequency response or resonant frequencies of the material (apparatus 500 may optionally comprise a user interface UIF1 e.g. for displaying measured data and/or for receiving user input from a user. The user interface UIF1 may comprise e.g. a touch screen, a display and/or one or more keys in Paragraph [0067]);
e) evaluating the frequency response or the resonant frequencies by searching for characteristic features (see Paragraphs [0009 ] & [0067]);
f) determining the proportion in the material using characteristic frequencies assignable to the characteristic features (see Paragraphs [0009] &[0082]) .
While YLI-HALLILA teaches a method for determination of proportions of a mixture (Paragraph [0040]) including a frequency range capable of detecting quartz (Paragraph [0053] which teaches the same frequency ranges as disclosed by the instant application at paragraph [0034]), YLI-HALLILA does not explicitly teach determination of a quartz proportion.
However, ZHENG Mingqi teaches determination of a quartz proportion in a mixture (METHODS OF DETECTING AND ANALYSING Quartz FREE SILICA IN DUST in Page 1). It is considered that one skilled in the art before the effective filing date would have found it obvious to use the detection apparatus and method of YLI-HALLILA for determination of a quartz proportion in a mixture including quartz because it is well known need to determine quartz proportion in a mixture (Pages 1-2 of ZHENG) with the benefits of a non-invasive and non-extractive method (paragraph [0021] of YLI-HALLILA).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify YLI-HALLILA to have determination of a quartz proportion a as suggested by ZHENG Mingqi because it is well known need to determine quartz proportion in a mixture (Pages 1-2 of ZHENG) with the benefits of a non-invasive and non-extractive method (paragraph [0021] of YLI-HALLILA.
16 Regarding to claim 26, YLI-HALLILA discloses the method as recited in claim 25 wherein dielectric properties of quartz are used to determine the quartz proportion in the material (the combination of references as combined teaches the claimed limitation).
17 Regarding to claim 27, YLI-HALLILA as modified discloses the method as recited in claim 25 wherein changes in frequencies are brought about by setting the different inductances the inductances describing properties of a coil of the oscillating circuit (see Paragraphs [0049] & [0053] [0048]).
18 Regarding to claim 29, YLI-HALLILA discloses the method recited in claim 25 wherein the material includes dust (the references as combined teach the dust limitation; see ZHENG Mingqi.
19 Regarding to claim 31, YLI-HALLILA discloses a method for determination of a quartz proportion in a material (the device is considered to be capable of measuring the quartz proportion if can measure frequency range of quartz), the method comprising the following steps:
a) providing a device for capacitive (capacitor C1) determination of a proportion in a material, the device comprising:
an oscillating circuit (resonance circuit CIR1]) with a coil (inductor L1) and a plate capacitor (capacitor C1), the plate capacitor fillable with the material as a dielectric (The oscillating electric field generated by the sensor antenna may interact with the heterogeneous mixture so that the complex dielectric permittivity of the heterogeneous mixture may have an effect on the capacitance of the resonance circuit, see paragraph [0018]) the device configured to record and evaluate a frequency response of the dielectric to determine the proportion in the material (see Paragraph [0009]). and
b) recording and evaluating the frequency response of the dielectric to determine the component proportion (see Paragraphs [0009] & [0067]).
While YLI-HALLILA teaches a method for determination of proportions of a mixture (Paragraph [0040]) including a frequency range capable of detecting quartz (Paragraph [0053] which teaches the same frequency ranges as disclosed by the instant application at paragraph [0034]), YLI-HALLILA does not explicitly teach determination of a quartz proportion
However, ZHENG Mingqi teaches determination of a quartz proportion in a mixture (METHODS OF DETECTING AND ANALYSING Quartz FREE SILICA IN DUST in Page 1). It is considered that one skilled in the art before the effective filing date would have found it obvious to use the detection apparatus and method of YLI-HALLILA for determination of a quartz proportion in a mixture including quartz because it is well known need to determine quartz proportion in a mixture (Pages 1-2 of ZHENG) with the benefits of a non-invasive and non-extractive method (paragraph [0021] of YLI-HALLILA).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify YLI-HALLILA to have determination of a quartz proportion a as suggested by ZHENG Mingqi because it is well known need to determine quartz proportion in a mixture (Pages 1-2 of ZHENG) with the benefits of a non-invasive and non-extractive method (paragraph [0021] of YLI-HALLILA.
20 Regarding to claim 32, YLI-HALLILA discloses the method as recited in claim 31, wherein the material is from a construction site and is from a wall, concrete or limestone (The claim is directed to a method of providing and using a device; so this limitation is not further defined any step of the claim method).
21 Regarding to claim 33, YLI-HALLILA discloses the method as recited in claim 32, wherein the material is worked with a power tool, the power tool being a core drill, a saw, an angle or cut-off grinder or a hammer drill (The claim is directed to a method of providing and using a device; so this limitation is not further defined any step of the claim method).
22. Claim 28 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over YLI-HALLILA et al. (US 2017/0336337 A1) in view of ZHENG Mingqi (Applicant’s Provided NPL BRIEF ANALYSIS OF METHODS OF DETECTING AND ANALYSING FREE SILICA IN DUST) in further view of Gehrig et al. (US 20110181304 A1).
23 Regarding to claim 28, YLI-HALLILA as modified discloses the method as recited in claim 25.
YLI-HALLILA as modified does not explicitly teach wherein changes in the frequencies are brought about by setting different capacitances the capacitances describing properties of capacitance diodes or of the plate capacitor of the oscillating circuit
However, Gehrig teaches wherein changes in the frequencies are brought about by setting different capacitances, the capacitances describing properties of capacitance diodes (Fig. 9 capacitance diodes 492 discloses measuring capacitor 21, e.g. a planar plate capacitor with capacitance diodes 492 in Paragraph [0040 & 0052]).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify YLI-HALLILA as modified to further have wherein changes in the frequencies are brought about by setting different capacitances of capacitance diodes as suggested by Gehrig with the benefits of a capable of being balanced in a simple, rapid, cost-effective and especially automatic way Paragraph [0011]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT J ANDREWS whose telephone number is (571)272-6101. The examiner can normally be reached 10am-5pm.
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, Judy Nguyen can be reached at (571)272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRENT J ANDREWS/Examiner, Art Unit 2858
/JUDY NGUYEN/Supervisory Patent Examiner, Art Unit 2858