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 .
Election/Restrictions
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/24/2025.
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:
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hourne (US PGPub No. 2014/0372058).
Hourne teaches:
limitations from claim 1, a system, comprising: a first terminal (M) and a second terminal (4) movable with respect to one another; a sensor device operable to detect a change in capacitance between the first and second terminals as the first and second terminals move with respect to one another (paragraph 5, 77, in which circuit 5 measures a changing capacitance value ΔCx), wherein the sensor device comprises: a two-stage charger (FIG. 2-4) connected with a controller (a microcontroller is present but not shown in the figures; paragraph 12) and a voltage source (Vcc), the two-stage charger comprising a first capacitor (Cx) connected with a first switch (S1) and a second capacitor (Cs) connected with a second switch (S2), wherein the controller is operable to: close the first switch to connect the first capacitor with the voltage source to charge the first capacitor (paragraph 7 for example); and open the first switch and close the second switch to connect the second capacitor with the voltage source to charge the second capacitor (paragraph 9);
limitations from claim 2, wherein the controller (microcontroller; paragraph 12) is operable to equalize a first voltage of the first capacitor and a second voltage of the second capacitor for each cycle (paragraphs 7-10, 11, 33);
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.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hourne (US PGPub No. 2014/0372058) as applied to claim 1 above, and in further view of Hahn et al (US Patent No. 10,007,892).
Hourne teaches the use of an equation (paragraph 19 for example) to operate the sensor device to determine a capacitance variation, rather than a Kalman filter;
However, Hahn teaches a sensor device (FIG. 2) using capacitance charging measurements to track a moving component (capacitive sensors 112(2), capacitance data 116, and conductive element; C. 7 Lines 38-58 and C. 9 Lines 39-44); and wherein the data is processed using a Kalman filter (C. 20 Lines 60-65);
It would have been obvious to one of ordinary skill in the art to substitute one known processing method for another, such as the Kalman filter for the equation of Hourne, as taught by Hahn, as a matter of design choice in order to reach an expected result (i.e. the processing of capacitance signals). The examiner notes that Hahn teaches Kalman filtering and quadratic equations as alternatives to one another.
Hourne further teaches:
limitations from claim 4, wherein the two-stage charger comprises a third switch (FIG. 4; S3), and wherein the controller is operable to open the third switch when the first capacitor is being charged and close the third switch when the first capacitor is being discharged (paragraphs 78-83);
Claim(s) 1, 5-8, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2017/048740 (herein Chong) in view of Hourne (US PGPub No. 2014/0372058).
Chong teaches:
limitations from claim 1, a system (FIG. 3) including a reciprocating member (210), the position of the reciprocating member being determined via a capacitive sensor (280; paragraph 43);
Chon does not teach particular details of the capacitive sensor;
Hourne teaches:
limitations from claim 1, a system, comprising: a first terminal (M) and a second terminal (4) movable with respect to one another; a sensor device operable to detect a change in capacitance between the first and second terminals as the first and second terminals move with respect to one another (paragraph 5, 77, in which circuit 5 measures a changing capacitance value ΔCx), wherein the sensor device comprises: a two-stage charger (FIG. 2-4) connected with a controller (a microcontroller is present but not shown in the figures; paragraph 12) and a voltage source (Vcc), the two-stage charger comprising a first capacitor (Cx) connected with a first switch (S1) and a second capacitor (Cs) connected with a second switch (S2), wherein the controller is operable to: close the first switch to connect the first capacitor with the voltage source to charge the first capacitor (paragraph 7 for example); and open the first switch and close the second switch to connect the second capacitor with the voltage source to charge the second capacitor (paragraph 9);
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the capacitive sensor of Chong using structure similar to that taught by Hourne, as this is a known configuration of capacitive sensing and results in a fast and precise detection of linear movement (paragraph 117 of Hourne);
Chong further teaches:
limitations from claim 5, further comprising a pumping mechanism (FIG. 3) including a moveable piston (210, 214), wherein the first terminal is connected to the piston (marker 282 for example; paragraph 43);
limitations from claim 21, wherein the system is a linear volume shuttle pump (200; paragraph 33-34);
Hourne further teaches:
limitations from claim 6, wherein the second terminal (4) is a conductive element (paragraph 4), wherein the conductive element is coupled to a dielectric material (printed circuit 5);
limitations from claim 7, wherein the dielectric material (5) is a printed circuit board (5; paragraph 5);
limitations from claim 8, wherein the conductive element (4) has a varied shape such that capacitance between the conductive element and first terminal increases between a first end and a second end of the conductive element (FIG. 1; paragraph 5, 77);
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO2022/054059 teaches a pump using capacitive sensing;
US 6304091 and US 5461319 teach a capacitive sensing arrangement between two relatively moving components;
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
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/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746
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