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 .
Response to Amendment
Applicant’s amendments, filed 03/16/2026, have been entered into the record. Applicant’s amendments overcome the claim objections set out in the previous office action.
Response to Arguments
Applicant's arguments filed 03/16/2026 have been fully considered by the Examiner, but are moot in light of a new reference, not used in the previous rejection, to teach the particular limitation the Applicant discusses in the Remarks. The Applicant’s arguments center on the applicability of Benari, but in light of the Applicant’s amendment to claim 1, the scope of the claim has changed such that Benari no longer reads on the amended limitation.
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 1-7, 9-12, 14-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Karweck et al. (U.S. Pub. No. 2023/0273064 A1) in view of Welle et al. (U.S. Pub. No. 2008/0143583 A1), hereinafter Welle '583, and further in view of Welle et al. (U.S. Pu. No. 2017/0184437 A1), hereinafter Welle ‘437.
Regarding claim 1, Karweck et al. discloses (note: what Karweck et al. does not disclose is struck through),
A (fig. 0001, “The invention relates to a method for producing and calibrating modular fill-level gauges.” The examiner notes that, although topology is not explicitly mentioned in this), comprising a. a radar unit (para. 0052, “The horn antenna of the fill-level gauge 1 shown in FIG. 1, by means of which the radar-, or ultrasonic signal SHF is transmitted to fill substance 2 and after reflection received as received signal RHF, is a component of the transmission module 10.”), b. an antenna with at least one transmitting element (para. 0007, “In the case of freely radiating radar (FMCW and pulse travel time measuring), the transmission module is composed essentially of an antenna, which is matched to the frequency and into which the radar signal is coupled, for example, via a hollow conductor.” The examiner notes that the reference also teaches signal reception (see, e.g., para. 0010), but is silent as to the number of receiving elements), c. a control unit (para. 0064, “Also the distances dj used in the measuring series can be either manually input into the data processing unit, or the data processing unit is connected for this with a corresponding control unit used in the setup.”), and d. storage (fig. 3, memory 5), wherein at least two different sets of calibrating data are stored in said storage (para. 0059, “Thus, the sensor module 11, e.g. the evaluation unit 111, can create a compensation function based on such received signals RHF,i and based on the corresponding temperatures Tj. Analogously to the calibration function di(RHF,i), also the compensation function can be an analytical function or a pure lookup table. Another option in this connection is that the compensation function be created not as an independent function, but, instead, that the calibration function di(RHF,i, Tj) is created based on the data from the compensation test series in such a manner that it contains the ambient temperature as another variable. Thus, it is possible for the sensor module 11 in the case of corresponding design to output the sensor signals xi temperature compensated by means of the compensation function (or by means of the expanded calibration function di(RHF,i, Tj)) and the measured ambient temperature.” The examiner notes that the “two sets of calibrating data” here are the calibration and compensation functions, regardless of whether they are stored as functions or look-up tables),
Welle ‘583 teaches,
wherein at least two different sets of calibrating data are stored in said storage (para. 0096, “During the calibration process the sensor itself is in a temperature cabinet 17 whose temperature is also controlled by the external PC. Calibration of the sensor itself now takes place according to the explanations relating to FIG. 5, except that it takes place in relation to various temperatures that are to be defined in advance. In line with the embodiment variants presented it is now possible either to store in the sensor the gradient of the radiated signal frequency for each temperature, or to archive the time stamps associated with the respective temperatures in a fixed manner in the storage device of the sensor by means of a constant.”), and the radar level measuring device is configured for automated selection of a set of calibrating data from the at least two different sets of calibrating data stored in said storage, wherein a frequency of selection of a set of calibrating data is dependent on a rate of change of environmental conditions and a measuring frequency (para. 0097, “During the operating phase of the sensor the temperature of the VCO is continuously measured by means of the temperature sensor 16 shown in FIG. 10, with the temperature of the VCO being taken into account in the compensation for non-linearity. If the operating temperature measured does not tally with any temperatures measured during calibration at the factory, depending on the embodiment of the method, either the gradient of the frequency characteristic or the time values archived in the time stamps can be interpolated by being offset against the values of adjacent temperatures in relation to which calibration data has been determined.” The examiner notes that the frequency with which temperature compensation values are changed is dependent on the rate of change of temperature in the environment).
Welle ‘437 teaches,
A topology-detecting radar level measuring device for determining a filling level and a topology of a filling material (para. 0001 “The invention relates to fill level measurement devices and to the determination of fill levels in containers by determining a surface topology.”) comprising a. a radar unit (para. 0006, “The fill level measurement device comprises an antenna apparatus for emitting electromagnetic signals and/or receiving echoes of said signals.” The examiner notes that in para. 0011 the reference suggests that the emitted signals can be radar signals), b. an antenna with at least one transmitting element and at least two receiving elements (para. 0057, “In one example, an antenna element 402 arranged in the centre of the antenna array 401 can be used to uniformly emit high-frequency energy…The signals reflected by the filling material surface 307 are received by each of the antenna elements 402…” The examiner notes that there are seven antenna elements 402), c. a control unit (fig. 3, control unit 312), and d. storage (para. 0029, “This evaluation unit can, for example, comprise a processor having a memory unit”)…
Karweck et al., Welle’ 583 and Welle ‘437 are analogous to the claimed invention because they both disclose radar-based level monitoring systems. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the level detecting device of Karweck et al. with the temperature calibration of Welle ‘583 because the temperature calibration of Welle ‘583 improves measurement accuracy since frequency is highly temperature-dependent (paras. 0007-0009). Further modifying the device of Karweck et al. with the teachings of the topology-detecting device of Welle ‘437 would be obvious because measuring the topology of the material allows for accurate determination of fill levels for a variety of different materials, including solids and turbulent liquids (see Welle ‘437, para. 0002). Furthermore, the devices of both patents by Welle are FMCW radars (see Welle ‘583, abs., Welle ‘437, para. 0011), and therefore could be integrated into Karweck et al.’s device by a person of ordinary skill in the art with predictable results.
Regarding claim 2, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the device according to claim 1. Karweck et al. further discloses,
…wherein the radar level measuring device is configured to determine at least one further measurement value in addition to the filling level and the topology (para. 0040, “In subsequent measurement operation, the temperature compensation can be applied when the sensor module includes a temperature sensor, by means of which the ambient temperature can be measured.”).
Regarding claim 3, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the device according to claim 2. Karweck et al. further discloses,
…wherein a set of calibrating data used for measuring the filling level and topology is selected depending on the further measurement value (para. 0059, “Thus, the sensor module 11, e.g. the evaluation unit 111, can create a compensation function based on such received signals RHF,i and based on the corresponding temperatures Tj. Analogously to the calibration function di(RHF,i), also the compensation function can be an analytical function or a pure lookup table. Another option in this connection is that the compensation function be created not as an independent function, but, instead, that the calibration function di(RHF,i, Tj) is created based on the data from the compensation test series in such a manner that it contains the ambient temperature as another variable. Thus, it is possible for the sensor module 11 in the case of corresponding design to output the sensor signals xi temperature compensated by means of the compensation function (or by means of the expanded calibration function di(RHF,i, Tj)) and the measured ambient temperature.”).
Regarding claim 4, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the device according to claim 1. Karweck et al. further discloses,
…wherein the radar level measuring device has at least one additional sensor (para. 0040, “In subsequent measurement operation, the temperature compensation can be applied when the sensor module includes a temperature sensor, by means of which the ambient temperature can be measured.”).
Regarding claim 5, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the device according to claim 4. Karweck et al. further discloses,
…wherein the additional sensor comprises at least one temperature sensor (para. 0040, “In subsequent measurement operation, the temperature compensation can be applied when the sensor module includes a temperature sensor, by means of which the ambient temperature can be measured.”).
Regarding claim 6, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the device according to claim 5. Karweck et al. further discloses,
…wherein said temperature sensor is disposed in the region of the antenna (para. 0057, “In order that the fill-level gauge 1 can implement a compensation, the fill-level gauge 1, e.g. the sensor module 11, does need to be able to measure the ambient temperature, for example, by means of a correspondingly integrated PT 100 temperature sensor.” The examiner notes that, per fig. 2, the taught sensor module 11 used to measure temperature via an integrated sensor is disposed in the region of the transmission module 10).
Regarding claim 7, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the device according to claim 5. Karweck et al. further discloses,
…wherein said temperature sensor is disposed in the region of an electronic system (para. 0057, “In order that the fill-level gauge 1 can implement a compensation, the fill-level gauge 1, e.g. the sensor module 11, does need to be able to measure the ambient temperature, for example, by means of a correspondingly integrated PT 100 temperature sensor.” The examiner notes that, per fig. 2, the taught sensor module 11 used to measure temperature via an integrated sensor is disposed in the region of the transmission module 10).
Regarding claim 9, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the device according to claim 4. Karweck et al. does not further disclose,
…wherein the additional sensor comprises a position sensor.
Welle ‘437 discloses,
…wherein the additional sensor comprises a position sensor (para. 0030, “According to an embodiment of the invention, the fill level measurement device comprises a position sensor designed to detect a spatial position of the antenna apparatus relative to the container”).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the level measuring device of Karweck et al. with the position sensor of Welle ‘437 because the position sensor helps determine, “a position of the partial surface of the filling material surface measured” (see Welle et al., para 0030), and is therefore helpful for accurately mapping surface topology.
Regarding claim 12, Karweck et al. discloses (note: what Karweck et al. does not disclose is struck through),
A method for operating a (para. 0001, “The invention relates to a method for producing and calibrating modular fill-level gauges.”) with a radar unit (para. 0052, “The horn antenna of the fill-level gauge 1 shown in FIG. 1, by means of which the radar-, or ultrasonic signal SHF is transmitted to fill substance 2 and after reflection received as received signal RHF, is a component of the transmission module 10.”), the device comprising an antenna with at least one transmitting element (para. 0007, “In the case of freely radiating radar (FMCW and pulse travel time measuring), the transmission module is composed essentially of an antenna, which is matched to the frequency and into which the radar signal is coupled, for example, via a hollow conductor.” The examiner notes that the reference also teaches signal reception (see, e.g., para. 0010), but is silent as to the number of receiving elements), a control unit (para. 0064, “Also the distances dj used in the measuring series can be either manually input into the data processing unit, or the data processing unit is connected for this with a corresponding control unit used in the setup.”) and a storage (fig. 3, memory 5) containing at least two sets of calibrating data, the method comprising selecting one of said at least two sets of calibrating data stored in said storage (para. 0059, “Thus, the sensor module 11, e.g. the evaluation unit 111, can create a compensation function based on such received signals RHF,i and based on the corresponding temperatures Tj. Analogously to the calibration function di(RHF,i), also the compensation function can be an analytical function or a pure lookup table. Another option in this connection is that the compensation function be created not as an independent function, but, instead, that the calibration function di(RHF,i, Tj) is created based on the data from the compensation test series in such a manner that it contains the ambient temperature as another variable. Thus, it is possible for the sensor module 11 in the case of corresponding design to output the sensor signals xi temperature compensated by means of the compensation function (or by means of the expanded calibration function di(RHF,i, Tj)) and the measured ambient temperature.” The examiner notes that the “two sets of calibrating data” here are the calibration and compensation functions, regardless of whether they are stored as functions or look-up tables),
Welle ‘583 discloses,
a storage containing at least two sets of calibrating data (para. 0096, “During the calibration process the sensor itself is in a temperature cabinet 17 whose temperature is also controlled by the external PC. Calibration of the sensor itself now takes place according to the explanations relating to FIG. 5, except that it takes place in relation to various temperatures that are to be defined in advance. In line with the embodiment variants presented it is now possible either to store in the sensor the gradient of the radiated signal frequency for each temperature, or to archive the time stamps associated with the respective temperatures in a fixed manner in the storage device of the sensor by means of a constant.”), the method comprising selecting one of said at least two sets of calibrating data stored in said storage, wherein a frequency of selection of a set of calibrating data is dependent on a rate of change of environmental conditions and a measuring frequency (para. 0097, “During the operating phase of the sensor the temperature of the VCO is continuously measured by means of the temperature sensor 16 shown in FIG. 10, with the temperature of the VCO being taken into account in the compensation for non-linearity. If the operating temperature measured does not tally with any temperatures measured during calibration at the factory, depending on the embodiment of the method, either the gradient of the frequency characteristic or the time values archived in the time stamps can be interpolated by being offset against the values of adjacent temperatures in relation to which calibration data has been determined.” The examiner notes that the frequency with which temperature compensation values are changed is dependent on the rate of change of temperature in the environment).
Welle ‘437 discloses,
A method for operating a topology-detecting radar level measuring device for determining a filling level and a topology of a filling material (para. 0001 “The invention relates to fill level measurement devices and to the determination of fill levels in containers by determining a surface topology.”) with a radar unit (para. 0006, “The fill level measurement device comprises an antenna apparatus for emitting electromagnetic signals and/or receiving echoes of said signals.” The examiner notes that in para. 0011 the reference suggests that the emitted signals can be radar signals), the device comprising an antenna with at least one transmitting element and at least two receiving elements (para. 0057, “In one example, an antenna element 402 arranged in the centre of the antenna array 401 can be used to uniformly emit high-frequency energy…The signals reflected by the filling material surface 307 are received by each of the antenna elements 402…” The examiner notes that there are seven antenna elements 402), a control unit (fig. 3, control unit 312) and a storage (para. 0029, “This evaluation unit can, for example, comprise a processor having a memory unit”)...
Karweck et al., Welle’ 583 and Welle ‘437 are analogous to the claimed invention because they both disclose radar-based level monitoring systems. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the level detecting device of Karweck et al. with the temperature calibration of Welle ‘583 because the temperature calibration of Welle ‘583 improves measurement accuracy since frequency is highly temperature-dependent (paras. 0007-0009). Further modifying the device of Karweck et al. with the teachings of the topology-detecting device of Welle ‘437 would be obvious because measuring the topology of the material allows for accurate determination of fill levels for a variety of different materials, including solids and turbulent liquids (see Welle ‘437, para. 0002). Furthermore, the devices of both patents by Welle are FMCW radars (see Welle ‘583, abs., Welle ‘437, para. 0011), and therefore could be integrated into Karweck et al.’s device by a person of ordinary skill in the art with predictable results.
Regarding claim 14, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the method according to claim 12. Karweck et al. further discloses,
…wherein a set of calibrating data is selected depending on environmental conditions of the radar level measuring device (para. 0059, “Thus, the sensor module 11, e.g. the evaluation unit 111, can create a compensation function based on such received signals RHF,i and based on the corresponding temperatures Tj. Analogously to the calibration function di(RHF,i), also the compensation function can be an analytical function or a pure lookup table. Another option in this connection is that the compensation function be created not as an independent function, but, instead, that the calibration function di(RHF,i, Tj) is created based on the data from the compensation test series in such a manner that it contains the ambient temperature as another variable. Thus, it is possible for the sensor module 11 in the case of corresponding design to output the sensor signals xi temperature compensated by means of the compensation function (or by means of the expanded calibration function di(RHF,i, Tj)) and the measured ambient temperature.” The examiner notes that the “two sets of calibrating data” here are the calibration and compensation functions, regardless of whether they are stored as functions or look-up tables. The examiner notes that the measured ambient temperature is an environmental condition).
Regarding claim 15, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the method according to claim 14. Karweck et al. further discloses,
…wherein a set of calibrating data is selected depending on a temperature and/or a distance and/or a position (para. 0059, “Thus, the sensor module 11, e.g. the evaluation unit 111, can create a compensation function based on such received signals RHF,i and based on the corresponding temperatures Tj. Analogously to the calibration function di(RHF,i), also the compensation function can be an analytical function or a pure lookup table. Another option in this connection is that the compensation function be created not as an independent function, but, instead, that the calibration function di(RHF,i, Tj) is created based on the data from the compensation test series in such a manner that it contains the ambient temperature as another variable. Thus, it is possible for the sensor module 11 in the case of corresponding design to output the sensor signals xi temperature compensated by means of the compensation function (or by means of the expanded calibration function di(RHF,i, Tj)) and the measured ambient temperature.” The examiner notes that the “two sets of calibrating data” here are the calibration and compensation functions, regardless of whether they are stored as functions or look-up tables).
Regarding claim 17, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the method according to claim 12. Karweck et al. does not further disclose,
…wherein a set of calibrating data is selected prior to each measurement.
Welle ‘583 discloses,
…wherein a set of calibrating data is selected prior to each measurement (para. 0041, “With the use of an additionally sensor-integrated probe the temperature of the voltage-controlled oscillator, which temperature is present at the point in time of transmission, can be acquired and in the subsequently to be carried out mathematical correction of the recorded signals can be taken into account by selection of the gradient of the transmission frequency over time, which gradient is associated with the respective temperature and is archived in the storage device.”).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Karweck et al. with the recalibration prior to each measurement sequence of Welle ‘583 because doing so maximizes the accuracy of the measurement data by recalibrating the system whenever the temperature is measured as having changed. The examiner notes that in a scenario where temperature does not change, the calibration data also does not change, but selecting the same calibration data as used with a previous measurement is consistent with selecting calibrating data.
Regarding claim 18, Karweck et al. discloses,
A non-transitory computer readable medium storing instructions of a computer program code to be executed by a processor of a topology-detecting radar level measuring device (para. 0041, “The terms “module” and “unit” mean in the context of the invention, in principle, any electrical circuit and any sensor suitably designed for the contemplated application. It can thus, depending on requirement, be an analog circuit for producing, or processing, corresponding analog signals. It can also be a digital circuit, such as an FPGA or a storage medium interacting with a program. In such case, the program is designed to perform the corresponding method steps, or to apply the necessary computer operations of the particular unit.”), the device capable of determining a filling level (para. 0052, “The horn antenna of the fill-level gauge 1 shown in FIG. 1, by means of which the radar-, or ultrasonic signal SHF is transmitted to fill substance 2 and after reflection received as received signal RHF, is a component of the transmission module 10.”), and comprising an antenna with at least one transmitting element and at least two receiving elements (para. 0007, “In the case of freely radiating radar (FMCW and pulse travel time measuring), the transmission module is composed essentially of an antenna, which is matched to the frequency and into which the radar signal is coupled, for example, via a hollow conductor.” The examiner notes that the reference also teaches signal reception (see, e.g., para. 0010), but is silent as to the number of receiving elements), a control unit (para. 0064, “Also the distances dj used in the measuring series can be either manually input into the data processing unit, or the data processing unit is connected for this with a corresponding control unit used in the setup.”), and storage containing at least two sets of calibrating data (para. 0059, “Thus, the sensor module 11, e.g. the evaluation unit 111, can create a compensation function based on such received signals RHF,i and based on the corresponding temperatures Tj. Analogously to the calibration function di(RHF,i), also the compensation function can be an analytical function or a pure lookup table. Another option in this connection is that the compensation function be created not as an independent function, but, instead, that the calibration function di(RHF,i, Tj) is created based on the data from the compensation test series in such a manner that it contains the ambient temperature as another variable. Thus, it is possible for the sensor module 11 in the case of corresponding design to output the sensor signals xi temperature compensated by means of the compensation function (or by means of the expanded calibration function di(RHF,i, Tj)) and the measured ambient temperature.” The examiner notes that the “two sets of calibrating data” here are the calibration and compensation functions, regardless of whether they are stored as functions or look-up tables), the instructions causing the processor of the device to execute a method comprising selecting one of said at least two sets of calibrating data stored in said storage (para. 0059, “Thus, the sensor module 11, e.g. the evaluation unit 111, can create a compensation function based on such received signals RHF,i and based on the corresponding temperatures Tj. Analogously to the calibration function di(RHF,i), also the compensation function can be an analytical function or a pure lookup table. Another option in this connection is that the compensation function be created not as an independent function, but, instead, that the calibration function di(RHF,i, Tj) is created based on the data from the compensation test series in such a manner that it contains the ambient temperature as another variable. Thus, it is possible for the sensor module 11 in the case of corresponding design to output the sensor signals xi temperature compensated by means of the compensation function (or by means of the expanded calibration function di(RHF,i, Tj)) and the measured ambient temperature.” The examiner notes that the “two sets of calibrating data” here are the calibration and compensation functions, regardless of whether they are stored as functions or look-up tables),
Welle ‘583 teaches,
selecting one of said at least two sets of calibrating data stored in said storage (para. 0096, “During the calibration process the sensor itself is in a temperature cabinet 17 whose temperature is also controlled by the external PC. Calibration of the sensor itself now takes place according to the explanations relating to FIG. 5, except that it takes place in relation to various temperatures that are to be defined in advance. In line with the embodiment variants presented it is now possible either to store in the sensor the gradient of the radiated signal frequency for each temperature, or to archive the time stamps associated with the respective temperatures in a fixed manner in the storage device of the sensor by means of a constant.”), wherein a frequency of section of a set of calibrating data is dependent on a rate of change of environmental conditions and a measuring frequency (para. 0097, “During the operating phase of the sensor the temperature of the VCO is continuously measured by means of the temperature sensor 16 shown in FIG. 10, with the temperature of the VCO being taken into account in the compensation for non-linearity. If the operating temperature measured does not tally with any temperatures measured during calibration at the factory, depending on the embodiment of the method, either the gradient of the frequency characteristic or the time values archived in the time stamps can be interpolated by being offset against the values of adjacent temperatures in relation to which calibration data has been determined.” The examiner notes that the frequency with which temperature compensation values are changed is dependent on the rate of change of temperature in the environment).
Welle ’437 teaches,
A non-transitory computer readable medium storing instructions of a computer program code to be executed by a processor of a topology-detecting radar level measuring device (para. 0001 “The invention relates to fill level measurement devices and to the determination of fill levels in containers by determining a surface topology.”), the device capable of determining a filling level and a topology of a filling material with a radar unit (para. 0001 “The invention relates to fill level measurement devices and to the determination of fill levels in containers by determining a surface topology.” See also para. 0006, “The fill level measurement device comprises an antenna apparatus for emitting electromagnetic signals and/or receiving echoes of said signals.” The examiner notes that in para. 0011 the reference suggests that the emitted signals can be radar signals), and comprising an antenna with at least one transmitting element and at least two receiving elements (para. 0057, “In one example, an antenna element 402 arranged in the centre of the antenna array 401 can be used to uniformly emit high-frequency energy…The signals reflected by the filling material surface 307 are received by each of the antenna elements 402…” The examiner notes that there are seven antenna elements 402), a control unit (fig. 3, control unit 312), and storage (para. 0029, “This evaluation unit can, for example, comprise a processor having a memory unit”)…
Karweck et al., Welle’ 583 and Welle ‘437 are analogous to the claimed invention because they both disclose radar-based level monitoring systems. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the level detecting device of Karweck et al. with the temperature calibration of Welle ‘583 because the temperature calibration of Welle ‘583 improves measurement accuracy since frequency is highly temperature-dependent (paras. 0007-0009). Further modifying the device of Karweck et al. with the teachings of the topology-detecting device of Welle ‘437 would be obvious because measuring the topology of the material allows for accurate determination of fill levels for a variety of different materials, including solids and turbulent liquids (see Welle ‘437, para. 0002). Furthermore, the devices of both patents by Welle are FMCW radars (see Welle ‘583, abs., Welle ‘437, para. 0011), and therefore could be integrated into Karweck et al.’s device by a person of ordinary skill in the art with predictable results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 as applied to claim 4 above, and further in view of Shameli et al. (U.S. Pub. No. 2011/0272866 A1).
Regarding claim 8, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the device according to claim 4. Karweck et al. does not further disclose,
…wherein the additional sensor comprises a distance sensor for determining a distance of the filling level from the antenna
Shameli et al. discloses,
…wherein the additional sensor comprises a distance sensor for determining a distance of the filling level from the antenna (para. 0009, “In some examples, the at least one sensor comprises a plurality of sensors each generating at least one corresponding sensed distance and the process controller is configured to generate the control signal based on a plurality of sensed distances.”).
Shameli et al. is analogous to the claimed invention because it discloses a radar-based level-measuring device. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the sensor of Karweck et al. with the additional distance sensor of Shameli et al. because measuring multiple distances between the filling level and the antenna can be used to provide a surface topology or, alternatively, be used to more accurately measure level by averaging a variety of distance measurements made over the surface of the material whose level is being measured (see Shameli et al., paras. 0010 and 0093).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 as applied to claim 12 above, and further in view of Ashrafzadeh et al. (U.S. Pub. No. 2010/0101317 A1).
Regarding claim 13, Karweck et al. in view of Welle ‘583 and further in view of Welle ‘437 discloses the method according to claim 12. Karweck et al. does not further disclose,
…wherein a set of calibrating data is selected by a user
Ashrafzadeh et al. discloses,
…wherein a set of calibrating data is selected by a user (para. 0074, “As discussed above, stored data 42 may include an identifier to assist the control unit 70 and the user in determining the amount of substance 30 associated with a particular container 16. Control unit 70 may allow a user to associate an identifier with a particular substance. For instance, if container 16 may be refilled with multiple different substances 30, control unit 70 may allow the user to associate a name or label with an identifier.” The examiner notes that the identifier input by the user is used to select calibrating data).
Ashrafzadeh et al. is analogous to the claimed invention because it discloses a level-measuring device a method that uses radar to measure fill levels. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Karweck et al. with the user-selected calibrating data of Ashrafzadeh et al. because user identification of material (and therefore selection of calibrating data) of Ashrafzadeh et al. allows the level-measuring unit of Karweck et al. to be used with a variety of different materials.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anna K Benjamin Gosling whose telephone number is (571)272-0401. The examiner can normally be reached Tuesday, 7-3 Eastern; Friday 8-4 Eastern.
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, Vladimir Magloire can be reached at (571) 270-5144. 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.
/Anna K. Benjamin Gosling/Examiner, Art Unit 3648
/NAZRA NUR WAHEED/Primary Examiner, Art Unit 3648
Prosecution Insights