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 . 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.
Response to Amendment / Arguments
The response and amendments, filed 4/2/2026, has been entered. Claims 1-20 are pending upon entry of this amendment, with claims 5-8 and 14-17 withdrawn. Applicant’s arguments regarding the prior art rejections of claims have been fully considered but are moot because of new rejection necessitated by the amendments in view of ROTH, DE 102019207892 A1. However, Examiner respectfully notes that: limitations such as “predetermined position” and “an area of the reflecting part located above a liquid surface of the liquid and the intensity of the reflected wave changes in accordance with a change in the floating height relative to the liquid.” are broader than the Applicant desires. Firstly: any position on the float with reflective part can be broadly reads on a predetermined position and secondly: LEE teaches the floating height changes in accordance with a change in the floating height relative to the liquid (because LEE teaches with changing salinity of water the floating height relative to the liquid changes), therefore any prior art teaching a reflecting surface inherently teaches this limitation, i.e., teaches reflecting part located above a liquid surface of the liquid in accordance with a change in the floating height relative to the liquid.
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 1-4, 9-13, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over LEE, KR 101892172 B1 in view of ROTH, DE 102019207892 A1, and KURIKI, JP 2010281585 A.
Claim 1
LEE in Figs.11-13, 25 teaches:
A measurement system comprising:
a float (113, with reflection part 113-1,113-4 e.g., ¶0077) configured to float in a liquid (brine, salt solution e.g., ¶0065) in a manner such that a floating height relative to the liquid changes in accordance with a state of the liquid (e.g.,¶0015,¶0092¶0093¶0096 fig.11 for state of 30% salt concentration and fig.12 lower concentration, fig.13 higher than 30 salt concentration); and
a measuring unit (solution concentration measuring device30, e.g., ¶0074, specific gravity measurement unit 110, water level measurement unit 120,¶0077 and measuring unit 112) configured to measure the state of the liquid (e.g., ¶0073: concentration or salinity or specific gravity) based on intensity of a reflected wave (e.g., ¶0096 from 113-1,113-4 sound or light waves¶0111, level, distance measuring unit which works based on sound/light wave is working based on intensity of a reflected wave1) of a sound or light wave (¶0096) applied to the float 113.
LEE’s float has a reflecting part 113-1 which is configured to reflect the wave, and is configured in a manner such that that an height of the reflecting part 113-1 located above a liquid surface of the liquid and changes in accordance with a change in the floating height relative to the liquid (as cited above with change in salinity the floating height of float changes see figs.11-13 for different salinities). However, LEE does not specifically teach radio wave, and does not explicitly cite wherein the float has a reflecting part installed downward from a predetermined height position and configured to reflect the radio wave, and is configured in a manner such that an area of the reflecting part located above a liquid surface of the liquid and the intensity of the reflected wave changes in accordance with a change in the floating height relative to the liquid (although position of 113 affects how much energy is reflected back, more floating height means less distance and less decrease in intensity).
In the similar field of endeavor, ROTH in e.g., figs.1-3 teaches wherein the float 32 has a reflecting part installed downward from a predetermined height position (all external parts of reflective float 32 shown in levels 320 to 322,are reflecting parts therefore meets limitation for predetermined height position of top surface 320) and configured to reflect the wave (limitation met by all the reflective parts of reflective float 32 reflecting ultrasound wave from 31), and is configured in a manner such that an area of the reflecting part located above a liquid surface 40a of the liquid 40 and the intensity of the reflected wave changes in accordance with a change in the floating height relative to the liquid (figs.2 and 3 see the change in intensities E2 to E4 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use ROTH‘s reflector for LEE‘s float wherein the modified LEE’s float has a reflecting part installed downward from a predetermined height position and configured to reflect the wave, and is configured in a manner such that an area of the reflecting part located above a liquid surface of the liquid and the intensity of the modified LEE’s reflected wave changes in accordance with a change in the modified LEE’s floating height relative to the liquid. One of ordinary skill in the art knows both height and therefore reflective area and also intensity of reflective wave change in different levels of liquid and would have been motivated to make this modification in order to use it in applications such as level measurement as used by ROTH in e.g., Abstract and Description.
The modified LEE does not disclose radio wave.
In the similar field of endeavor, KURIKI in figs.1-5 teaches a measuring unit 15 configured to measure the state of the liquid based on intensity of a reflected wave of a radio wave (e.g., ¶0011¶0014¶0016¶0053) applied to the float (IC tags, Is(2s) installed on a float ¶0023), wherein the float (IC tag Is(2s)) is configured in a manner such that the intensity of the reflected wave changes in accordance with a change in the IC tag height relative to the liquid (e.g.,¶0023¶0024¶0053).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use KURIKI ‘s radio wave for LEE‘s waves and the modified LEE’s measuring unit configured to measure the state of the liquid based on intensity of a reflected wave of a radio wave applied to the modified LEE’s float. One of ordinary skill in the art would have been motivated to make this modification in order to eliminate the need for connecting an electric cable to a sensor, thereby improving reliability, reducing installation costs, and allowing
greater freedom in installation (e.g., ¶0010¶0024 of KURIKI).
Furthermore, based on MPEP 2143 (B), courts have ruled that Simple substitution of one known element (KURIKI’s radio wave) for another (LEE’s sound wave) to obtain predictable results (measuring distance of LEE and KURIKI), is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Claim 2
LEE in view of ROTH and KURIKI teaches the measurement system according to claim 1, LEE also teaches wherein
the float 113 includes a reflecting part (e.g., 113-1, ¶0096) installed in a predetermined position along a height direction and configured to reflect the radio wave, and a floating body configured to change a floating height position of the reflecting part relative to the liquid in accordance with a change in the state of the liquid (change in concentration of liquid¶0092¶0093 and figs.11-13).
Claim 3
LEE in view of ROTH and KURIKI Iteaches the measurement system according to claim 2, and LEE further teaches wherein
the floating body of the float 113 is configured to cause the reflecting part 113-1 to float up above a liquid surface of the liquid when the liquid is in a specific state set in advance (e.g., concentration 30% in ¶0092).
Claim 4
LEE in view of ROTH and KURIKI teaches the measurement system according to claim 2, wherein
the reflecting part of the float is configured in a manner such that the intensity of the reflected wave is stronger as a position above a liquid surface of the liquid is higher(This is well known wave propagation and reflection effect. If 113 closer to surface , more scattering energy and less waves goes to receiver, therefore, higher position, less scattering and stronger intensity2, and when more of the reflector is exposed above the liquid, the reflected signal is more intense than when it is partially submerged as taught by KURIK In e.g., fig.5 with more of the reflector and IC tags is exposed above the liquid surface, see also ¶0025¶0026¶0043 teaches the radio wave strength is attenuated when the IC tag is submerged in water this is a well-known function). Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use KURIK‘s reflectors above liquid surface for the modified LEE‘s device wherein the reflecting part of the float is configured in a manner such that the intensity of the reflected wave is stronger as a position above a liquid surface of the liquid is high. One of ordinary skill in the art would have been motivated to make this modification in order to determine the level of river which is variable and a change from a low level to a high level or from high level to low level (e.g.,¶0031 of KURIK) .
Claim 9
LEE in view of ROTH and KURIKI teaches the measurement system according to claim 1, LEE teaches wherein the state of the liquid is concentration of the liquid (e.g.,¶0092).
Claim 10
LEE in Figs.11-13, 25 teaches:
A float 113 configured to float in a liquid (brine, salt solution) in a manner such that a floating height relative to the liquid changes in accordance with a state of the liquid (e.g.,¶0015,¶0092¶0093¶0096 fig.11 for state of 30% concentration and fig.12 lower concentration, fig.13 higher concentration)),
the float 113 being further configured to reflect an applied sound or light wave (e.g., ¶0096 from 113-1,¶0111) of a sound or light wave (¶0096) in a manner such that intensity of a reflected wave changes in accordance with a change in the floating height relative to the liquid (this inherently is met as based on position of 113 affects how much energy is reflected back, more floating height means less distance and less decrease in intensity).
LEE’s float has a reflecting part 113-1 is configured to reflect the wave, and is configured in a manner such that that an height of the reflecting part located above a liquid surface of the liquid and changes in accordance with a change in the floating height relative to the liquid (as cited above with change in salinity the floating height of float changes). However, LEE does not specifically teach radio wave, radio wave, and does not explicitly cite the float having a reflecting part installed downward from a predetermined height position and configured to reflect an applied radio wave, the float being configured in a manner such that an area of the reflecting part located above a liquid surface of the liquid and intensity of a reflected wave change in accordance with a change in the floating height relative to the liquid. (although position of 113 affects how much energy is reflected back, more floating height means less distance and less decrease in intensity).
In the similar field of endeavor, ROTH in e.g., figs.1-3 teaches the float 32 having a reflecting part installed downward from a predetermined height position (all external parts of 32 are reflective therefore meets limitation for predetermined height position of top) and configured to reflect the wave (limitation met by all the reflective parts of reflective float 32), and configured to reflect an applied wave (ultrasonic wave from 31), the float 32 being configured in a manner such that an area of the reflecting part located above a liquid surface 40a of the liquid 40 and the intensity of the reflected wave (from 31) changes in accordance with a change in the floating height relative to the liquid (figs.2 and 3 see the change in intensities E2 to E4 and also the reflecting part).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use ROTH‘s reflector for LEE‘s float wherein the modified LEE’s float has a reflecting part installed downward from a predetermined height position and configured to reflect the wave, and is configured in a manner such that an area of the reflecting part located above a liquid surface of the liquid and the intensity of the modified LEE’s reflected wave changes in accordance with a change in the modified LEE’s floating height relative to the liquid. One of ordinary skill in the art knows both height and therefore reflective area and also intensity of reflective wave change in different levels of liquid and would have been motivated to make this modification in order to use it in applications such as level measurement as used by ROTH in e.g., Abstract and Description.
The modified LEE does not disclose radio wave.
In the similar field of endeavor, KURIKI in figs.1-5 teaches a measuring unit configured to measure the state of the liquid based on intensity of a reflected wave of a radio wave (e.g., ¶0011¶0014¶0016¶0053) applied to the float (IC tags, Is(2s) installed on a float ¶0023), wherein the float (IC tag Is(2s)) is configured in a manner such that the intensity of the reflected wave changes in accordance with a change in the IC tag height relative to the liquid (e.g.,¶0023¶0024¶0053).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use KURIKI ‘s radio wave for LEE‘s waves and the modified LEE’s measuring unit configured to measure the state of the liquid based on intensity of a reflected wave of a radio wave applied to the modified LEE’s float. One of ordinary skill in the art would have been motivated to make this modification in order to eliminate the need for connecting an electric cable to a sensor, thereby improving reliability, reducing installation costs, and allowing
greater freedom in installation (e.g., ¶0010¶0024 of KURIKI).Furthermore, based on MPEP 2143 (B), courts have ruled that Simple substitution of one known element (KURIKI’s radio wave) for another (LEE’s sound or light wave) to obtain predictable results (measuring distance of LEE and KURIKI), is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Claim 11
LEE in view of ROTH and KURIKI teaches the float according to claim 10, LEE teaches comprising
a reflecting part installed in a predetermined position along a height direction and configured to reflect the radio wave, and a floating body configured to change a floating height position of the reflecting part relative to the liquid in accordance with a change in the state of the liquid (e.g.,¶0015,¶0092¶0093¶0096 fig.11 for state of 30% concentration and fig.12 lower concentration, fig.13 higher concentration).
Claim 12
LEE in view of ROTH and KURIKI teaches the float according to claim 11, LEE teaches wherein
the floating body is configured to cause the reflecting part to float up above a liquid surface of the liquid when the liquid is in a specific state set in advance(e.g.,¶0015,¶0092¶0093¶0096 fig.11 for state of 30% concentration and fig.12 lower concentration, fig.13 higher concentration).
Claim 13
LEE in view of ROTH and KURIKI teaches the float according to claim 11, wherein
the reflecting part of the float is configured in a manner such that the intensity of the reflected wave is stronger as a position above a liquid surface of the liquid is higher(This is well known wave propagation and reflection effect. If 113 closer to surface , more scattering energy and less waves goes to receiver, therefore, higher position, less scattering and stronger intensity3, and when more of the reflector is exposed above the liquid, the reflected signal is more intense than when it is partially submerged as taught by KURIK In e.g., fig.5 with more of the reflector and IC tags is exposed above the liquid surface, see also ¶0025¶0026¶0043 teaches the radio wave strength is attenuated when the IC tag is submerged in water this is a well-known function). Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use KURIK‘s reflectors above liquid surface for the modified LEE‘s device wherein the reflecting part of the float is configured in a manner such that the intensity of the reflected wave is stronger as a position above a liquid surface of the liquid is high. One of ordinary skill in the art would have been motivated to make this modification in order to determine the level of river which is variable and a change from a low level to a high level or from high level to low level (e.g.,¶0031 of KURIK) .
Claim 18
LEE in Figs.11-13, 25 teaches:
A measurement method comprising acquiring a reflected wave (e.g., ¶0096 from 113-1,¶0111) of a sound wave (¶0096) applied to the float 11 and measuring a state of a liquid (e.g.,¶0015,¶0092¶0093¶0096 fig.11 for state of 30% concentration and fig.12 lower concentration, fig.13 higher concentration) based on intensity of the acquired reflected wave(e.g., ¶0096 from 113-1,¶0111), the float 113 being configured to float in a liquid (brine) in a manner such that a floating height relative to the liquid changes in accordance with the state of the liquid (e.g.,¶0015,¶0092¶0093¶0096 fig.11 for state of 30% concentration and fig.12 lower concentration, fig.13 higher concentration) and being further configured in a manner such that the intensity of the reflected wave of an applied sound or light wave changes in accordance with a change in the floating height relative to the liquid(this inherently is met as based on position of 113 affects how much energy is reflected back, more floating height means less distance and less decrease in intensity). LEE’s float has a reflecting part 113-1 is configured to reflect the wave, and is configured in a manner such that that an height of the reflecting part located above a liquid surface of the liquid and changes in accordance with a change in the floating height relative to the liquid (as cited above with change in salinity the floating height of float changes). However, LEE does not specifically teach radio wave, radio wave, and does not explicitly cite the float comprising a reflecting part installed downward from a predetermined height position, the float being configured to reflect the radio wave and float in a liquid in a manner such that a floating height relative to the liquid changes in accordance with the state of the liquid and the float being further configured in a manner such that an area of the reflecting part located above a liquid surface of the liquid and the intensity of the reflected wave
In the similar field of endeavor, ROTH in e.g., figs.1-3 teaches the float 32 comprising a reflecting part installed downward from a predetermined height position (all external parts of 32 are reflective therefore meets limitation for predetermined height position of top) the float 32 being configured to reflect the wave (limitation met by all the reflective parts of reflective float 32), and configured to reflect an applied wave (ultrasonic wave from 31), the float 32 in a liquid 40 in a manner such that a floating height (height 321, intensity E3 comparing to heights 310 intensity E2, 322 intensity E4) relative to the liquid 40 changes and the float 32 being further configured in a manner such that an area of the reflecting part (32 in different levels 310,321,322) located above a liquid surface 40a of the liquid 40 and the intensity of the reflected wave (E2 to E4) changes in accordance with a change in the floating height (different levels 310,321,322) relative to the liquid 40.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use ROTH‘s reflector for LEE‘s float wherein the modified LEE’s float has a reflecting part installed downward from a predetermined height position and configured to reflect the wave, and is configured in a manner such that an area of the reflecting part located above a liquid surface of the liquid and the intensity of the modified LEE’s reflected wave changes in accordance with a change in the modified LEE’s floating height relative to the liquid. One of ordinary skill in the art knows both height and therefore reflective area and also intensity of reflective wave change in different levels of liquid and would have been motivated to make this modification in order to use it in applications such as level measurement as used by ROTH in e.g., Abstract and Description.
The modified LEE does not disclose radio wave.
In the similar field of endeavor, KURIKI in figs.1-5 teaches a measuring unit configured to measure the state of the liquid based on intensity of a reflected wave of a radio wave (e.g., ¶0011¶0014¶0016¶0053) applied to the float (IC tags, Is(2s) installed on a float ¶0023), wherein the (IC tag Is(2s)) is configured in a manner such that the intensity of the reflected wave changes in accordance with a change in the IC tag height relative to the liquid (e.g.,¶0023¶0024¶0053).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use KURIKI ‘s radio wave for LEE‘s waves and the modified LEE’s measuring unit configured to measure the state of the liquid based on intensity of a reflected wave of a radio wave applied to the modified LEE’s float. One of ordinary skill in the art would have been motivated to make this modification in order to eliminate the need for connecting an electric cable to a sensor, thereby improving reliability, reducing installation costs, and allowing
greater freedom in installation (e.g., ¶0010¶0024 of KURIKI).Furthermore, based on MPEP 2143 (B), courts have ruled that Simple substitution of one known element (KURIKI’s radio wave) for another (LEE’s sound wave) to obtain predictable results (measuring distance of LEE and KURIKI), is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Claim 19
LEE in view of ROTH and KURIKI teaches the float according to claim 1, ROTH in figs.2-3 teaches wherein the reflecting part of the float 32 is configured in a manner such that the intensity of the reflected wave (E2) is stronger as the area above the liquid surface 40 increases (level 320 comparing level 322 with E4) for the same reason as cited in claim 1.
Claim 20
LEE in view of ROTH and KURIKI teaches the float according to claim 1, LEE teaches the level of floating is higher as salinity of salt water increases (e.g., fig.11 for state of 30% salt concentration and fig.12 lower concentration, fig.13 higher than 30 salt concentration), wherein the salt water is the liquid (as cited above in LEE), LEE combined with ROTH teaches the limitation based on obviousness as ROTH in figs.2-3 teaches wherein the reflecting part of the float 32 is configured in a manner such that the area above the liquid surface 40A increases (from 322 to 320) and the intensity of the reflected wave is stronger (E2 stronger than E4) as salinity of salt water increases, wherein the salt water is the liquid; for the reasons as cited above.
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 Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
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/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 Even if not used for the final calculation of distance and level based on reflected sound waves, intensity is used in determining detection Thresholds, and determining Maximum Range, therefore, LEE’s measuring unit 112,120 is configured to measure the state of the liquid based on intensity of a reflected wave of a sound wave applied to the float 113-1,113-4
2 This function is also cited in FI 116421 B, presented in conclusion
3 This function is also cited in FI 116421 B, presented in conclusion
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