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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/24/25 has been entered.
Response to Arguments
Applicant’s arguments, see pages 7-10, filed 11/05/25, with respect to the rejection(s) of claim(s) 1 and 10 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mak (US20140047904) in view of Keck et al. (US20220034963) further in view of Petrides (US3497734).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 6, 10-12, 15 are rejected under 35 U.S.C. 103 as being unpatentable over applicant-cited Mak (US20140047904) in view of Keck et al. (US20220034963) further in view of Petrides (US3497734).
Claim 1: Mak teaches a rheological measurement device (viscometer, abstract, Figs. 2-5), comprising: a drive shaft (driving shaft 14) configured to be driven by a motor (motor 12), a measurement shaft (sensing shaft 24) coupled to the drive shaft (see Figs. 2-5, [0027]); a stationary structure (static frame assembly 16); a rotational structure (rotating frame, frame extension 20) coupled to the drive shaft (rotating frame driven be the drive shaft [0006]); a transducer (Hall effect transducer 22, [0027-0028]) configured to detect data corresponding to torque between the drive shaft and the measurement shaft, the transducer comprising an on-axis dipole magnet positioned on an end of the measurement shaft (sensing shaft 24) in a first magnetic orientation and defining a rotating area (the hall effect transducer component 22-2) and a single magnetic sensor positioned adjacent the rotating area is magnetized, and a magnetic sensor 22-1 a magnetic sensor with Hall Effect Operation [0027]); an optical transmitter (LED, Fig. 1D) supported by the rotational structure (see Fig. 1D), the optical transmitter configured to produce an optical signal corresponding to the detected data ([0032]); an optical receiver (receiver on the stationary section, to pick-up the optical signal [0032], optical read-out for signal extraction [0043]) supported by the stationary structure, the optical receiver configured to receive the optical signal from the optical transmitter and produce an electrical signal corresponding to the received optical signal; a first coil (DC to AC converter inductive coil, [0032]) coupled to the stationary structure; a second coil (Secondary coil, [0032]) coupled to the rotational structure, the first and second coils positioned relative to each other to transfer power from the first coil to the second coil; and a processor (digital signal processor DSP, [0030]) coupled to the optical receiver, the processor configured to receive the electrical signal and generate a measurement signal ([0030] angular displacement) based on the electrical signal that corresponds to the torque between the drive shaft and the measurement shaft ([0029-0032]).
Mak fails to teach another optical transmitter supported by the stationary structure, the optical transmitter configured to send another optical signal comprising configuration data; and another optical receiver supported by the rotational structure, the optical receiver configured to receive at the rotational structure the other optical signal comprising configuration data from the other optical transmitter.
The problem to be solved is optical communication to the rotational element of Mak. Keck teaches optical interconnections testing equipment utilizing an optical transceiver 200, Fig. 2, for transmitting and receiving optical signals ([0015-0018]). This transceiver allows for transmission and reception of data between the transceiver 200 and one or more optical devices 275 [0015], indicating that the optical devices transmit and receive. The transceiver 200 includes a transmitter 205 and a receiver 210 and 215. The receiver 210, 215 processes incoming optical signals and outputs data to hardware 250; the transmitter 205 outputs optical data to an optical device 275.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use an optical transmitter and receiver at a single location, as taught by Keck, with the device of Mak for the obvious benefit of bi-directional communication (Fig. 2, light input, light output with optical device 275 that both transmits and receives).
Mak in view of Keck fails to teach an additional dipole magnet positioned on the measurement shaft in a second magnetic orientation that is opposite the first magnetic orientation to counter the Earth's magnetic field.
However, Petrides teaches the use of a second permanent magnet in opposite poled directions in order to cancel out the torque effect of earth’s magnetic field (col. 1, lines 46-59).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Petrides, with the device of Mak in view of Keck, in order to produce torques which tend to cancel each other out and prevent a permanently magnetized member form being spuriously effected by the earth's own magnetic field (Petrides, col. 1, lines 45-47).
Claim 2: Mak in view of Keck further in view of Petrides teaches the device of claim 1. Mak teaches wherein the transducer (hall effect transducer 22) is coupled to the rotational structure (frame extension 20) and the measurement shaft (shaft 24).
Claim 3: Mak in view of Keck further in view of Petrides teaches the device of claim 1. Mak teaches a twistable element (two spiral torque springs 32A, 32B) coupling the drive shaft to the measurement shaft ([0027] Two spiral torque springs 32A and 32B couple the sensing shaft to the driving shaft for commonly driven rotation but allowing for angular displacement.)
Claim 6: Mak in view of Keck further in view of Petrides teaches the device of claim 1. Mak teaches wherein the transducer comprises at least one of a rotary variable differential inductive (RVDI) transducer or a rotary variable differential transformer (RVDT) transducer (rotary variable differential transformer (RVDT) [0043]).
Claim 10: Mak teaches a rheological measurement method (viscometer, abstract, Figs. 2-5), comprising: detecting data corresponding to torque between a drive shaft (driving shaft 14) and a measurement shaft (sensing shaft 24) of a rheological measurement device; producing an optical signal corresponding to the detected data ([0032]); sending the corresponding optical signal with an optical transmitter (LED, Fig. 1D) supported by a rotational structure (rotating frame, frame extension 20; see Fig. 1d) coupled to the drive shaft (rotating frame driven by the drive shaft [0006]); receiving the optical signal from the optical transmitter with an optical receiver (receiver on the stationary section, to pick-up the optical signal [0032], optical read-out for signal extraction [0043]) supported by a stationary structure (static frame assembly 16) of the rheological measurement device; transferring power between a first coil (DC to AC converter inductive coil, [0032]) coupled to the stationary structure and a second coil (Secondary coil, [0032]) coupled to the rotational structure (see Fig. 1D); producing an electrical signal corresponding to the received optical signal; generating a measurement signal (angular displacement [0030]) based on the electrical signal that corresponds to the torque between the drive shaft and the measurement shaft (digital signal processor DSP, [0029-0032]).
Mak fails to teach sending another optical signal comprising configuration data with another optical transmitter supported by the stationary structure; and receiving, at the rotational structure, the other optical signal comprising configuration data from the other optical transmitter at an optical receiver supported by the rotational structure.
The problem to be solved is optical communication to the rotational element of Mak. Keck teaches optical interconnections testing equipment utilizing an optical transceiver 200, Fig. 2, for transmitting and receiving optical signals ([0015-0018]). This transceiver allows for transmission and reception of data between the transceiver 200 and one or more optical devices 275 [0015], indicating that the optical devices transmit and receive. The transceiver 200 includes a transmitter 205 and a receiver 210 and 215. The receiver 210, 215 processes incoming optical signals and outputs data to hardware 250; the transmitter 205 outputs optical data to an optical device 275.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use an optical transmitter and receiver at a single location, as taught by Keck, with the device of Mak for the obvious benefit of bi-directional communication (Fig. 2, light input, light output with optical device 275 that both transmits and receives).
Mak in view of Keck fails to teach an additional dipole magnet positioned on the measurement shaft in a second magnetic orientation that is opposite the first magnetic orientation to counter the Earth's magnetic field.
However, Petrides teaches the use of a second permanent magnet in opposite poled directions in order to cancel out the torque effect of earth’s magnetic field (col. 1, lines 46-59).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Petrides, with the device of Mak in view of Keck, in order to produces torque which tend to cancel each other out and prevent a permanently magnetized member form being spuriously effected by the earth's own magnetic field (Petrides, col. 1, lines 45-47).
Claim 11: Mak in view of Keck further in view of Petrides teaches the method of claim 10. Mak teaches wherein a transducer (hall effect transducer 22) is coupled to the rotational structure (frame extension 20) and the measurement shaft (shaft 24) to detect the data [0027-0028].
Claim 12: Mak in view of Keck further in view of Petrides teaches the method of claim 10. Mak teaches wherein a twistable element (two spiral torque springs 32A, 32B) couples the drive shaft to the measurement shaft ([0027] Two spiral torque springs 32A and 32B couple the sensing shaft to the driving shaft for commonly driven rotation but allowing for angular displacement.).
Claim 15: Mak in view of Keck further in view of Petrides teaches the method of claim 10. Mak teaches wherein the measurement signal is generated by a transducer (Hall-effect transducer) and wherein the transducer comprises at least one of a rotary variable differential inductive (RVDI) transducer or a rotary variable differential transformer (RVDT) transducer (rotary variable differential transformer (RVDT) [0043]).
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Mak in view of Keck further in view of Petrides further in view of Schmidegg et al. (US20210025800).
Claim 4: Mak in view of Keck further in view of Petrides teaches the device of claim 3, but fails to teach wherein the transducer comprises a strain gauge integrated into or coupled to the twistable element.
However, Schmidegg teaches the use of a strain gauge or other measurement sensor to detect torsion or twist of a measurement shaft 1 ([0039]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a strain gauge, as taught by Schmidegg, coupled to the twistable element of Mak in order to provide a rotational viscometer which has as wide as possible a usage range, is simple in structure and supplies precise measurement values (Schmidegg [0008]).
Claim 13: Mak in view of Keck further in view of Petrides teaches the method of claim 12, but fails to teach wherein the data is detected using a strain gauge integrated into or coupled to the twistable element.
However, Schmidegg teaches the use of a strain gauge or other measurement sensor to detect torsion or twist of a measurement shaft 1 ([0039]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a strain gauge, as taught by Schmidegg, coupled to the twistable element of Mak in order to provide a rotational viscometer which has as wide as possible a usage range, is simple in structure and supplies precise measurement values (Schmidegg [0008]).
Claims 8 and 17 are is rejected under 35 U.S.C. 103 as being unpatentable over Mak in view of Keck further in view of Petrides further in view of applicant-cited Ziegler (US10895520).
Claim 8: Mak in view of Keck further in view of Petrides teaches the device of claim 1. Mak teaches [0032] The digital output from the transducer can be used to drive an optical emitting device and a receiver, on the stationary section, to pick-up the optical signal and feed it to the viscometer electronics. Multiple emitters and/or receivers could be used to eliminate line-of-sight issues. Mak teaches that the optical emitter and optical receiver are positioned such that one is on the stationary section and one is on the rotating section (see Fig. 1D).
Mak in view of Keck further in view of Petrides fails to explicitly teach wherein the stationary structure comprises a first printed circuit board, the rotational structure comprises a second printed circuit board, the optical receiver is mounted on the first printed circuit board, and the optical transmitter is mounted on the second printed circuit board.
However, Ziegler teaches a rheometer including optical transmitters 5, 7 on a first circuit board 13 and optical receivers 4, 9 on a second circuit board 20.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teachings of Ziegler with the device of Mak in view of Keck further in view of Petrides such that the receiver is on a stationary section comprising a circuit board and the transmitter is on a moving section comprising a circuit board in order to use transmitters and receivers which are disposed and configured swiftly and economically and may be constructed to be reliable in operation (Ziegler, col. 2, lines 54-56).
Claim 17: Mak in view of Keck further in view of Petrides teaches the method of claim 10. Mak teaches [0032] The digital output from the transducer can be used to drive an optical emitting device and a receiver, on the stationary section, to pick-up the optical signal and feed it to the viscometer electronics. Multiple emitters and/or receivers could be used to eliminate line-of-sight issues. Mak teaches that the optical emitter and optical receiver are positioned such that one is on the stationary section and one is on the rotating section (see Fig. 1D).
Mak in view of Keck further in view of Petrides fails to explicitly teach wherein the stationary structure comprises a first printed circuit board, the rotational structure comprises a second printed circuit board, the optical receiver is mounted on the first printed circuit board, and the optical transmitter is mounted on the second printed circuit board.
However, Ziegler teaches a rheometer including optical transmitters 5, 7 on a first circuit board 13 and optical receivers 4, 9 on a second circuit board 20.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teachings of Ziegler with the device of Mak in view of Keck further in view of Petrides such that the receiver is on a stationary section comprising a circuit board and the transmitter is on a moving section comprising a circuit board in order to use transmitters and receivers which are disposed and configured swiftly and economically and may be constructed to be reliable in operation (Ziegler, col. 2, lines 54-56).
Claims 9 and 18 are is rejected under 35 U.S.C. 103 as being unpatentable over Mak in view of Keck further in view of Petrides further in view of Santiago et al. (US20220316066).
Claim 9: Mak in view of Keck further in view of Petrides teaches the device of claim 1, but fails to teach a three-dimensional accelerometer supported by the rotational structure for leveling.
However, Santiago teaches a tri-axial accelerometer 170, Fig. 1A, [0033] For example, the accelerometer may be a capacitive three-axis accelerometer which outputs a voltage corresponding to an orientation of the accelerometer along each of the three axes. The accelerometer 170 is supported by a rotational structure stem 140.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the tri-axial accelerometer as taught by Santiago with the device of Mak in view of Keck further in view of Petrides in order to monitor the level of the support body in real time (Santiago [0033]).
Claim 18: Mak in view of Keck further in view of Petrides teaches the method of claim 10, but fails to teach a three-dimensional accelerometer supported by the rotational structure for leveling.
However, Santiago teaches a tri-axial accelerometer 170, Fig. 1A, [0033] For example, the accelerometer may be a capacitive three-axis accelerometer which outputs a voltage corresponding to an orientation of the accelerometer along each of the three axes. The accelerometer 170 is supported by a rotational structure stem 140.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the tri-axial accelerometer as taught by Santiago with the device of Mak in view of Keck further in view of Petrides in order to monitor the level of the support body in real time (Santiago [0033]).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mak in view of Keck further in view of Petrides further in view of Raffer (US9261446)
Claim 19: Mak in view of Keck further in view of Petrides teaches the device of claim 1, but fails to teach mechanical device comprising at least one of springs or twistable elements; wherein the at least one of springs or twistable elements are selectively switched in and out responsive to the configuration data.
However, Raffer teaches a rotational viscometer which uses a twistable element 2 (spring) between sensor parts 17 and 18, wherein the torsional rigidity can be selected dependent on the materials used and spring constants of the leaf springs. (col. 6, lines 44-49). Therefore, the rigidity of the twistable element (spring) is a result effective variable when measuring torque and would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to optimize.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to selectively switch the spring in order to choose a suitable resilient element to counteract rotation and thereby provide a measurement of viscosity (Raffer col. 1, lines 35-32).
Claim 20: Mak in view of Keck further in view of Petrides teaches the method of claim 10, but fails to teach wherein the rheological measurement device includes a mechanical device comprising at least one of springs or twistable elements and wherein the method further comprises: selectively switching the at least one of springs or twistable elements in and out responsive to the configuration data.
However, Raffer teaches a rotational viscometer which uses a twistable element 2 (spring) between sensor parts 17 and 18, wherein the torsional rigidity can be selected dependent on the materials used and spring constants of the leaf springs. (col. 6, lines 44-49). Therefore, the rigidity of the twistable element (spring) is a result effective variable when measuring torque and would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to optimize.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to selectively switch the spring in order to choose a suitable resilient element to counteract rotation and thereby provide a measurement of viscosity (Raffer col. 1, lines 35-32).
Conclusion
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/JEAN F MORELLO/Examiner, Art Unit 2855 12/8/25
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855