DETAILED ACTION
Claims 1 – 12 are pending in the present application.
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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Objections
Claims 8-11 are objected to because of the following informalities: claims 8-11 recite “the first and second sensors being arranged thermal coupling element” in line 4 of each claim.
These limitations should probably read “the first and second sensors being arranged in the thermal coupling element” or the like (see e.g. instant fig. 1 and instant publication at [0030]).
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schalles (US 20240053209) in view of Rud et al. (US 20180238741; hereinafter Rud).
Regarding claim 1, Schalles teaches a temperature measurement facility for determining a medium temperature (abstract; [0034]; see figs. 1a, 1b and 2a; see also figs. 3a-c showing graphs regarding accuracy correction of the medium temperature) of a medium (“M”) from a first temperature (temperature measured by temperature sensor 5) and a second temperature (temperature measured at thermocouple 11; [0051] “differential temperature sensor 11 in the form of a thermocouple”) at a measurement location in an area immediately around a surface which surrounds the medium (at least surface of 10; see fig. 1b showing this configuration), the temperature measurement facility comprising:
a first sensor for determining the first temperature (5);
a second sensor for determining the second temperature (11); and
a measured value processor (at least “electronics module 4” [0045]) connected to the first sensor by a first feed line and connected to the second sensor by a second feed line (at least connection lines 6a/b - [0050-51]; see figs. 1a and 2a showing this configuration) and which provides, cyclically over time (see at least [0058] teaching regarding the timing of the measurements), at a measurement interval (at least interval defined by a “time constant δ of the step response of the temperature sensor 5” [0058]) the first temperature and the second temperature as the measured value for determining the medium temperature ([0058] see especially “ratios of the temperature changes after certain defined time intervals” are used for determining a statement regarding coupling of the device to the medium being measured; see also abstract and [0034]);
an evaluator (at least diagnostic unit 9 of electronics 4; see at least [0045]) which is configured to determine a rate of change from a difference between the first temperature and the second temperature (at least the measured gradient “ΔT.sub.1” [0047] – see also ΔT.sub.2; see figs. 1a and 3b; see also [0017] and [0058] teaching regarding using the “ratios of the temperature changes after certain defined time intervals”) and configured, depending on a value of the determined rate of change (see at least [0047-49] teaching that the timewise gradient(s) is/are used in both the medium temperature measurement and the thermal coupling calculation) to provide a quality feature (“a statement about a thermal coupling of the device to the medium” abstract; [0016-18]; [0034-35]; please note that this quality feature/statement is shown as K.sub.1/K.sub.2 – see figs. 3a-c), and further configured to use the quality feature, as an evaluation of a measurement accuracy of the medium temperature (the quality feature which is the statement about a thermal coupling of the device to the medium is sent with the temperature measurement in order to “provide a statement about a thermal coupling of the device to the medium. In this way, it is possible to correct the temperature, detected by means of the temperature sensor” [0017]; see also [0034]), together with the measured value of the medium temperature (see [0045] teaching that the electronics may be separate from the measuring portion and diagnostic unit; see also [0017]).
Schalles does not directly and specifically state that the quality feature/statement about thermal coupling is transmitted to a higher-level system (see however, [0045] teaching that the electronics may be separate from the measuring portion and diagnostic unit; see also [0017]).
Regardless, Rud teaches “An industrial process temperature transmitter” (abstract) having a correction curve (fig. 6; see at least [0050] “correction (Temp.sub.dynamicComp)”; see also [0052]) and transmission from the sensor/measurement area to a remote higher-level system ([0036]; see fig. 3 with transmission to a controller in a control room shown).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor with correction curve of Schalles with the specific knowledge of transmitting data from a sensor with correction/accuracy compensation to a higher-level system of Rud. This is because such transmitting allows for a larger process to be controlled. This is important in order to provide larger area process control for meeting end user requirements.
Regarding claim 2, Schalles teaches an analyzer (portion of electronics/diagnostic units 9/4 which records the curve K.sub.X – examples K.sub.1 and K.sub.2 are given and shown in [0058] and fig. 3b respectively) which is configured to record the rate of change as a confidence curve which is uninterrupted over time ([0058] “The curve denoted by K.sub.1 relates to a poor coupling to the medium M compared to the curve denoted by K.sub.2, and K.sub.2 relates to a comparatively good coupling to the medium M.”; see figs. 3b and 3c).
Schalles does not directly and specifically state to store the recorded confidence curve in a storage device from which, when necessary, the confidence curve is uploaded to the higher-level system via a network interface for diagnostic purposes.
However, Rud teaches “An industrial process temperature transmitter” (abstract) having a correction curve (fig. 6; see at least [0050] “correction (Temp.sub.dynamicComp)”; see also [0052]) and transmission from the sensor/measurement area to a remote higher-level system ([0036]; see fig. 3 with transmission to a controller in a control room shown) as well as a network ([0037]) and storage/memory in the system ([0055] teaches storing the compensation information in memory; see also [0027] specifically teaching that the memory may also be remote).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature sensor with correction curve of Schalles with the specific knowledge of transmitting data from a sensor with correction/accuracy compensation to a higher-level system having memory of Rud. This is because such transmitting and memory allows for a larger process to be controlled. This is important in order to provide larger area process control for meeting end user requirements.
Regarding claim 3, Schalles teaches that the measurement processor is further configured to calculate the temperature of the medium (abstract) and hence to improve dynamic behavior accuracy ([0037]; [0017]; see also [0008]).
Schalles does not directly and specifically state regarding utilizing the relationship:
MT=T1+k0×(T1−T2)+k1×d(T1−T2)/dt
However, Rud does disclose a set of mathematical relationships for correcting a temperature measurement based on heat flux calculations for changing conditions ([0046] – see generally equations and explanations given on p.5)
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to further modify the mathematical relationships for accurately sensing/correcting temperature measurements from plural sensors of Schalles as modified by Rud with the specific relationship as here. This is because it has been held that discovering an optimum value of a result effective variable (here an accuracy improving correction curve for the measured temperature where the prior art discloses using equations to also use an accuracy improving correction curve for the measured temperature) involves only routine skill in the art. MPEP 2144.05 (II-B).
Regarding claim 4, Schalles teaches that the measurement processor is further configured to calculate the temperature of the medium (abstract) and hence to improve dynamic behavior accuracy ([0037]; [0017]; see also [0008]).
Schalles does not directly and specifically state regarding utilizing the relationship:
MT=T1+k0×(T1−T2)+k1×d(T1−T2)/dt
However, Rud does disclose a set of mathematical relationships for correcting a temperature measurement based on heat flux calculations for changing conditions ([0046] – see generally equations and explanations given on p.5)
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to further modify the mathematical relationships for accurately sensing/correcting temperature measurements from plural sensors of Schalles as modified by Rud with the specific relationship as here. This is because it has been held that discovering an optimum value of a result effective variable (here an accuracy improving correction curve for the measured temperature where the prior art discloses using equations to also use an accuracy improving correction curve for the measured temperature) involves only routine skill in the art. MPEP 2144.05 (II-B).
Regarding claim 5, Schalles teaches a classifier which is configured to allocate an accuracy class to each measured value, depending on the value of the change rate (portion of electronics/diagnostic units 9/4 which applies the thermal coupling curve K.sub.X at P=0; see [0059] “an extrapolation to a temperature T in the case in which P=0” such that the “output signal of the temperature sensor 5 can be evaluated with respect to the thermal coupling to the medium M. In this way, the measurement accuracy of the device 1 can be significantly increased.” [0048]; see [0017] and [0034] summarizing that the statement is used to correct the medium temperature measurement; see also fig. 3c).
Regarding claim 6, Schalles teaches a classifier which is configured to allocate an accuracy class to each measured value, depending on the value of the change rate (portion of electronics/diagnostic units 9/4 which applies the thermal coupling curve K.sub.X at P=0; see [0059] “an extrapolation to a temperature T in the case in which P=0” such that the “output signal of the temperature sensor 5 can be evaluated with respect to the thermal coupling to the medium M. In this way, the measurement accuracy of the device 1 can be significantly increased.” [0048]; see [0017] and [0034] summarizing that the statement is used to correct the medium temperature measurement; see also fig. 3c).
Regarding claim 7, Schalles teaches a classifier which is configured to allocate an accuracy class to each measured value, depending on the value of the change rate (portion of electronics/diagnostic units 9/4 which applies the thermal coupling curve K.sub.X at P=0; see [0059] “an extrapolation to a temperature T in the case in which P=0” such that the “output signal of the temperature sensor 5 can be evaluated with respect to the thermal coupling to the medium M. In this way, the measurement accuracy of the device 1 can be significantly increased.” [0048]; see [0017] and [0034] summarizing that the statement is used to correct the medium temperature measurement; see also fig. 3c).
Regarding claim 8, Schalles teaches a thermal coupling element (at least “dipping body 2” and/or “measuring insert 3” [0045]) which serves as a measuring head (see fig. 1b), the first and second sensors being arranged thermal coupling element (see at least fig. 1b in view of fig. 2a); wherein the thermal coupling element includes a coupling face (end face shown as contacting/thermally coupling to wall “W” of pipe/container 10; see fig. 1b) and is configured for mounting on a container or pipe (see at least fig. 1b showing this configuration), the coupling face facing the surface of the container or the surface of the pipe (see at least fig. 1b showing this configuration with respect to the pipe/container wall/surface).
Regarding claim 9, Schalles teaches a thermal coupling element (at least “dipping body 2” and/or “measuring insert 3” [0045]) which serves as a measuring head (see fig. 1b), the first and second sensors being arranged thermal coupling element (see at least fig. 1b in view of fig. 2a); wherein the thermal coupling element includes a coupling face (end face shown as contacting/thermally coupling to wall “W” of pipe/container 10; see fig. 1b) and is configured for mounting on a container or pipe (see at least fig. 1b showing this configuration), the coupling face facing the surface of the container or the surface of the pipe (see at least fig. 1b showing this configuration with respect to the pipe/container wall/surface).
Regarding claim 10, Schalles teaches a thermal coupling element (at least “dipping body 2” and/or “measuring insert 3” [0045]) which serves as a measuring head (see fig. 1b), the first and second sensors being arranged thermal coupling element (see at least fig. 1b in view of fig. 2a); wherein the thermal coupling element includes a coupling face (end face shown as contacting/thermally coupling to wall “W” of pipe/container 10; see fig. 1b) and is configured for mounting on a container or pipe (see at least fig. 1b showing this configuration), the coupling face facing the surface of the container or the surface of the pipe (see at least fig. 1b showing this configuration with respect to the pipe/container wall/surface).
Regarding claim 11, Schalles teaches Schalles teaches a thermal coupling element (at least “dipping body 2” and/or “measuring insert 3” [0045]) which serves as a measuring head (see fig. 1b), the first and second sensors being arranged thermal coupling element (see at least fig. 1b in view of fig. 2a); wherein the thermal coupling element includes a coupling face (end face shown as contacting/thermally coupling to wall “W” of pipe/container 10; see fig. 1b) and is configured for mounting on a container or pipe (see at least fig. 1b showing this configuration), the coupling face facing the surface of the container or the surface of the pipe (see at least fig. 1b showing this configuration with respect to the pipe/container wall/surface).
Regarding claim 12, Schalles teaches that the first and second sensors are arranged in the thermal coupling element at different distances from the coupling face (see fig. 2a with thermocouple 11 and temperature sensor 13 in view of fig. 1b showing the measuring face which together disclose this arrangement where 11 and 13 are different distances from the measuring surface/coupling face).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN/ SPE, Art Unit 2855