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 Arguments
Amendments to claims submitted 04/27/2026 are accepted and fully considered.
Claims 1-5, 8-15, and 14-15 are pending. Claims 1, 4, and 12 are amended. Claims 6,7, and 13 are cancelled.
Response to Applicant’s remarks (dated 04/27/2026) are as follows:
Objection to Drawings/Specification
In previous office action (Non Final Rejection dated 02/1022026), inconsistencies in drawing elements with respect to specification were noted. Applicant has amended to correct inconsistencies: numerical reference “435” is now labeled “4535”, element “485” is now labelled “4585”, for consistency with figure 3, and reference 86-I, 86-Q, 86, and 86 ADC have been revised for consistency. Additionally, Applicant corrected an additional reference to a numbered element (item 36 and element 11-I DAC in figure 3). Objections to drawings are withdrawn.
Objection to Abstract
Examiner noted in previous office action that abstract exceeded 150 words, and understands this is as a guideline. Applicant had revised Abstract. Objection to Abstract is withdrawn.
Objections to Claims
In previous office action, Examiner objected to Claim1 for a minor informality. Applicant has amended claim one to address the omission of the word “at”. Objection to Claims is withdrawn.
Claim rejections under 35 U.S.C. § 112
Claims 4 and 12 were rejected as being indefinite based on use of “and” in a list of “at least one of”. Applicant has corrected limitations in Claims 4 and 12, such that the meaning is clear. Rejection of Claim 4 and Claim 12 under 35 U.S.C. 112(b) is withdrawn.
Claim rejections under 35 35 USC § 102 prior art
In previous office action, Claims 1, 2, 4-8, and 11-17 were rejected as being anticipated by HUNDERTMARK (DE 102017124407 A1). Applicant arguments regarding failure of HUNDERTMARK to anticipate claimed invention (Remarks, Pg17, ¶2) have been fully considered, with detailed response below, but are not persuasive. Examiner notes a revised translation for HUNDERTMARK is provided and used for examination and in the following discussion.
Examiner notes Applicant’s attention (Remarks, Pg 17, ¶3) to what is taught by HUNDERTMARK, specifically referencing Claim 1 and paragraphs [0063-4]. Additionally, Applicant points to use of multi-frequency square wave signals, implementation of multipliers, demodulations, and frequency shifting, with analysis involving use of a reference signal as taught in HUNDERTMARK reference. Applicant’s argument details several differences found in HUNDERTMARK, including in-phase and quadrature signals, and how these signals are separated, as described in reference [0056], use of reference IR signal in process steps (Remarks, Pg 18, ¶1). Examiner has fully reviewed Applicant’s overview of invention disclosed by HUNDERTMARK, and notes Applicant summarizes arguments and differences in bulleted list (Remarks, Pg19, ¶1), with listed items which may be found in HUNDERTMARK. However, Examiner respectfully disagrees that the limitations of the claimed invention as currently presented are not taught by HUNDERTMARK. Specifically,
Applicant argues HUNDERTMARK teaches a constant reference signal picked up at the receiver coils 20, 21, as found in [0041]. However, Examiner notes HUNDERTMARK also teaches “measurement signal” in at least [0012], [0014-15], including various conversion and analysis processes related to measurement signal(s) in at least [0017-8], [0020], [0022]. Applicant further argues measurement signal does not represent the state of the receiver channel. Examiner respectfully disagrees, based on BRI for term “measurement signal” and “receiver channel”. The term “measurement signal” is taught by HUNDERTMARK as noted above. Examiner finds the term “receiver channel” in claim limitations only in Claim 8, and interprets the term to mean generally a circuit which includes a component with the capacity to acquire some data value, as is taught by HUNDERTMARK in at least [0016], and further described in [0029], and FIG. 1 with [0034], where receiving coils are interpreted to be analogous to “receiver channel”, i.e., a circuit with components capable of receiving measurement values;
As above, HUNDERTMARK does teach reference signal is picked up at the receiver coils 20, 21 ([0041]) and as further noted above, in a circuit capable of receiving numerical values. Examiner notes argument that reference signal is “not from the receiver signal path”, and respectfully disagrees, as discussed above. Further Applicant argues “[reference signal is] therefore independent of disturbances occurring in the receiver signal path”. Examiner respectfully disagrees and points to BRI interpretation of “receiver signal path” to mean generally, a circuit with component(s) capable of receiving, as is taught by HUNDERTMARK, noted above. Further, Examiner does not find reference to “independent from disturbances” occurring in the receiver signal path in claim limitations.
Applicant argues that reference signal (as received by coils 20, 21) is “not analyzed but used as reference signal for regulation purposes but demodulation purposes” in reference to FIG. 3. However, Examiner respectfully disagrees, pointing to at least [0049]: “real and imaginary parts I, Q of the measurement signal as well as a reference signal IR at an intermediate frequency level and, if necessary, filtered accordingly, are available in digital form and can be subjected to further processing”. Examiner asserts reference to “processing” is analogous to “analyzed”.
Applicant argues “corresponding evaluation module is not present in the metal detector of Hundertmark”. Examiner again respectfully disagrees and points to at least [0026]: “task is further solved by an evaluation unit”, as well as [0029].
Applicant argues “Critical conditions occurring in the receiver signal path are not determined’. Examiner again respectfully disagrees, and finds, as presented in previous office action, HUNDERTMARK does teach evaluative/comparative method for determining when a received signal may be impaired, in at least FIGs 6,7 with [0082], where BRI is applied to term “critical conditions” and found to be analogous to reference, reciting “detects that the generated signal does not yet have desired properties” ; Further, Applicant argues “procedure for handling critical conditions in the metal detector that is executed if a critical condition is present, is not provided for the metal detector of Hundertmark”. Examiner finds HUNDERTMARK does teach a procedure, found at least in [0084], reciting an iterative method based on signal evaluation as described above.
Applicant argues generally (Remarks, Pg20, ¶2) HUNDERTMARK: “relates to a method for analyzing signals in a metal detection apparatus and not to a method for observing the operation of a metal detection apparatus”, concluding that HUNDERTMARK may actually teach away from the claimed invention. Examiner respectfully disagrees, noting that HUNDERTMARK does teach, in various embodiments found in the disclosure, the operation of a metal detection apparatus as well as features and elements found in claim limitations of instant application, as noted above, and as presented in claim set presented and evaluated in previous office action. For example, see at least HUNDERTMARK [0030], where, depending on translation used, recites “functionality of the described evaluation unit and the metal detector is derived from the procedure described above” or “mode of operation of the described evaluation unit and of the metal detector results from the method described above”.
Examiner notes for the above discussion, evaluation resulting in rejections as presented in previous office action of pre-amended claims (dated 09/14/20230, and rejections as presented below in consideration of claim limitations as currently amended (dated 04/27/2026) is based on application of broadest reasonable interpretation and plain meaning (See MPEP2111). Examiner further notes the specification may not be imported into claim language; See MPEP 2111.01: "Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment." Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). See also Liebel-Flarsheim Co. v. Medrad Inc., 358 F.3d 898, 906, 69 USPQ2d 1801, 1807 (Fed. Cir. 2004)
Based on reasoning and rationale as detailed in discussion above, Examiner maintains rejections as found in previous office action under 35 U.S.C. 102, as presented below, where rejection rationale is further discussed. presented below with additional reasoning/rationale added as needed for clarity.
Claim rejections under 35 USC § 103 over prior art
Examiner notes Applicant’s arguments regarding rejection of dependent Claims 3, and 9-10 under 35 U.S.C. §103 with obvious combination of prior art, including HUNDERTMARK with additional art by MCADAM (US 20150276964 A1) and MOORE (US 20150234075 A1) are directed to traversal based on dependency to independent claims, without further discussion of specific arguments in view of rejections presented for these claims as being taught by obvious combination. In keeping with reasoning and rational above, Examiner maintains rejection of Claims 3, and 9-10 under 35 U.S.C. 103, presented below with additional reasoning/rationale added as needed for clarity.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4-8, and 11-17are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by HUNDERTMARK (FIG). English translation used for examination is provided.
With respect to Claim 1, with parallel limitations recited in 16, and 17 HUNDERTMARK teaches:
A method for operating a metal detector (HUNDERTMARK in same technical field, teaching metal detector operation, Abstract: “relates to a method and an evaluation unit for signal evaluation in a metal detector for detecting foreign bodies in a product or product stream”)
comprising a balanced coil system (FIG.2, element 1, “coil arrangement”)
with a transmitter coil (FIG. 2, element 13 “Transmitting coil”)
that is connected to a transmitter unit and with a first and a second receiver coil that are connected to an input of a receiver unit (HUNDERTMARK teaches this connection scheme, FIG. 2 : element 2 (Frequency generator), element 12(Signal generator), element 30(Pulse sequence generator), elements 20/21(receiving coil), with receiver unit composed of FIG.2, elements 24(amplifier), 26(low-pass filter), 28/29(Multipliers), 32/33(additional low-pass filtering components), 35/36(Analog to Digital conversion(ADC) components); Examiner interprets “transmitter unit” to mean a component capable of communicating a signal, and “receiver unit” to mean a component capable of receiving signal, which would be understood by one of ordinary skill as requiring components such as taught in reference.)
which is connected to a signal processing unit, (FIG. 2, element 3, “Digital Signal Processor”; Examiner interprets “a signal processing unit” to be analogous to reference component for processing signals after ADC.)
said method comprising: providing a transmitter signal with at least one fixed or
selectable operating frequency at a transmitter signal path of said transmitter unit (HUNDERTMARK teaches excitation frequency consideration of excitation signal, Abstract: “comprises a frequency mixture comprising a fundamental frequency and at least one harmonic”, and [0005]: “output voltage is initially a high-frequency signal, corresponding to the excitation frequency of the transmitting coil.”, and [0039]: “frequency generator 2 generates a base or master clock for the circuit, from which a pulse train or pulse train is generated in a signal generator”; and teaches signal path of transmitter signal, FIG.2, starting at element 2 to 12, and 30, with transmitter signal “0°”)
where said transmitter signal is applied to an input of a transmitter
amplifier (FIG.2, element 11 “driver circuit”, in path as taught above connecting to amplifier 23/24)
that forwards the amplified transmitter signal directly or via a transmitter matching unit to the transmitter coil (FIG. 2, element 13, “transmitter coil”, in path as taught above.)
providing a reference transmitter signal and a reference quadrature signal from the transmitted unit to the receiver unit or to the signal processing unit; (HUNDERTMARK teaches use of reference signal, FIG. 2, element labeled “IR”, “reference signal” from element 34, “Analog-to-digital converter” to element 3 “Signal processor”; and see element labeled “Q”, “Imaginary part”, quadrature signal, on path labeled “90°” at element 30, “pulse sequence generator” and leading to element 34, “Analog-to-digital converter” to element 3 “Signal processor”; Examiner notes it would be understood by one of ordinary skill in the art that in the context of signal processing and complex numbers, the term quadrature component (“Q”) is directly equivalent to the term “imaginary part” in reference to complex signal representation.)
receiving a receiver signal at a receiver signal path of a receiver unit from the balanced coil system, (HUNDERTMARK teaches receiver signal path from coil system to receiver unit, FIG. 2, starting at element 1 “coil arrangement” to 20a/21a “output terminals” through element 28/29 “multiplier” to 35/36 “Analog-to-digital converter” to element 3 “signal processor”)
where the receiver signal is applied directly or via a receiver matching unit to a receiver amplifier, (HUNDERTMARK teaches direct application of receiver signal, as above, FIG. 2, but also teaches matching, FIG.1 with [0040]: “sum signal via the receiving coils 20 and 21, which can also be interpreted as a differential signal…is processed as described in relation to Fig. 1 described as tapped at the output terminals 20a , 21a and fed as a measurement signal to a multiplier 28 , 29. For impedance matching, an matching network, such as a transformer 22, can be interposed.”)
which forwards the amplified receiver signal directly or indirectly to a receiver demodulator that is provided in the receiver unit or is implemented in the signal processing unit; ([0041]: “reference signal is tapped at the junction of the receiving coils 20, 21 and, optionally via an amplifier 23 and/or low-pass filter 25, fed to a multiplier…multipliers 27 , 28 and 29 can be implemented as analog multipliers, in particular as Gilbert cells, and thus form a Gilbert demodulator”)
providing, by the receiver demodulator, and based on the reference transmitter signal and the reference quadrature signal received from the transmitter unit, a demodulated complex receiver signal with in-phase receiver signal components and quadrature receiver signal components; (HUNDERTMARK teaches this in the paths as above, FIG.3, with elements 102 (multiples), 103 providing signals to element 100 for “evaluation of measurement signals”, with quadrature signals included; and [0033]: “Fig. 3 the detailed structure of the signal processing for obtaining the real and imaginary parts of the respective receiving frequencies in the DSP Fig. 2”; also [0041]: “reference signal is tapped at the junction of the receiving coils 20, 21…signal can be used in later processing as a reference signal for decomposing the measurement signal into real and imaginary parts”)
processing the in-phase receiver signal components and the quadrature receiver signal components in at least one signal processing path provided in the signal processing unit, (HUNDERTMARK teaches signal path as above with in-phase and quadrature components to processing unit, FIG. 2 element labeled “IR” an “Q”, as above.)
in which signal components of the complex receiver signal that relate to products or noise are suppressed and in which signal components originating from metal contaminants are further processed; (HUNDERTMARK teaches process for noise, [0036]: “disturbances would manifest themselves as noise in the signal tapped at output terminals 20a and 21a, and thus ultimately affect the detection performance…suitable filtering or signal processing steps can also be provided to reduce such interference.”; and metal contaminant detection, [0061]: “final evaluation of the measurement signals IF1, QF1 ...and detection of impurities in functional block 100 can be carried out according to a method known in principle to those skilled in the art…a joint evaluation of measurement signals of different excitation frequencies can be used for detection, thereby improving the overall detection performance.”)
providing at least one measurement signal taken from the receiver signal path to a measurement channel; (HUNDERTMARK teaches receiver signal path, as discussed above, with a measurement signal taken to measurement channel, FIG. 2 and [0041]: “reference signal is tapped at the junction of the receiving coils 20, 21…signal can be used in later processing as a reference signal for decomposing the measurement signal into real and imaginary parts”; where real part is shown as element “IR” in FIG. 2)
analyzing the measurement signal in an evaluation module or in a receiver control module to provide related measurement information, and, based on the obtained measurement information; (HUNDERTMARK teaches evaluation of phase information with demodulation, [0016]: “amplitude information and the phase information are preserved”, FIG. 2 element 27 “multiplier” with [0018]: “conversion of the measurement signal to an intermediate frequency level can be achieved in particular by means of an analog multiplier, preferably a Gilbert demodulator”),
and, based on obtained measurement information;(As above, HUNDERTMARK teaches measurement information, [0061], using FIG. 2, element 100 “Evaluation of measurement signals”, with element labeled “IR”)
determining in the receiver control module that a critical condition, in which signal processing in the receiver signal path is possibly impaired, is present; (HUNDERTMARK teaches an iterative process for signal evaluation, FIGs. 6, 7, translation provided, [0082]: “If in step S665 or If S765 detects that the generated signal does not yet have the desired properties, the system returns to step S620. S720 branches, with step S670 respectively. S770 adjusts the amplitude of the sine wave with the greatest deviation accordingly…S720 to 770 may be performed multiple times until the generated signal exhibits the desired properties within the required tolerance or a predetermined maximum number of iterations has taken place.”)
and providing a procedure for handling critical conditions in the metal detector that is executed after the critical condition is determined to be present. (As above, FIGs. 6, 7 with steps as described in [0082], and further [0084]: “S665 or when step S765 determines that the generated signal matches the desired properties or that the maximum number of iterations has been determined, the signal is passed to step S680”)
With respect to Claim 2 , HUNDERTMARK teaches the limitations of Claim 1, as above.
HUNDERTMARK further teaches:
evaluating the measurement information in the receiver control module to classify the measurement information and assign the measurement information to at least one class of critical conditions and providing the procedure for handling critical conditions in the metal detector with instructions for each class of critical conditions. (HUNDERTMARK teaches classification scheme for evaluation of measurement information, [0032]: “detection unit which is designed to detect foreign objects based on the signal components provided by the evaluation unit…recognition can be based on various processing and/or classification methods known to a person skilled in the art, as described above.” And [0049]: “real and imaginary parts I, Q of the measurement signal as well as a reference signal IR at an intermediate frequency level and, if necessary, filtered accordingly, are available in digital form and can be subjected to further processing and classification steps”)
With respect to Claim 4 , HUNDERTMARK teaches the limitations of Claim 1.
HUNDERTMARK further teaches:
wherein the execution of the procedure for handling critical conditions comprises at least one of:
providing and applying control information or a control signal to at least one functional module provided in the receiver signal path for resetting the receiver unit or for returning the receiver unit or parts thereof to normal operating condition or for holding the receiver unit or parts thereof in a stable condition;
providing and applying control information to at least one functional module in the signal processing path for resetting the signal processing unit or for returning the signal processing unit or parts thereof to a normal operating condition or for holding the signal processing unit or parts thereof in a stable condition;
providing information to a control program implemented in the control unit which control program initiates an acoustical or optical alarm signal to be issued by the metal detector;
providing information to the control program implemented in the control unit which control program processes measurement data according to a protocol provided for the occurrence of the critical conditions;
using a balance control loop for eliminating imbalances occurring in the receiver signal path, and providing and applying control information to at least one functional module provided in the balance control loop, for resetting the balance control loop or for returning the balance control loop to an operative condition in which an imbalance can at least coarsely be corrected or held at a stable value; or
using a balance control loop for eliminating imbalances occurring in the receiver signal path, which balance control loop derives an imbalance signal either from the receiver signal or, after the critical condition is determined to be present, from the measurement signal. (HUNDERTMARK teaches at least one of the above, including iterative evaluation for signal control, as above, FIGs. 6, 7, and [0082], signal control along signal processing path, FIG. 3, with iterative process of [0082])
With respect to Claim 5 , HUNDERTMARK teaches the limitations of Claim 1.
HUNDERTMARK further teaches:
applying the measurement signal to a measurement demodulator provided in the measurement channel or implemented in the signal processing unit, (HUNDERTMARK teaches use of demodulator, FIG. 3)
which measurement demodulator provides a demodulated complex measurement signal with in-phase measurement signal components and quadrature measurement signal components, (HUNDERTMARK teaches, as above, process of demodulation, with separation into in-phase and quadrature components, FIG. 2 and FIG. 4, and [0045]: “Gilbert cells 28, 29 are provided, to which the measurement signal is supplied, wherein the square wave or the pulse sequence is fed to the multiplier 28 unchanged and to the multiplier 29 with a 90° phase shift…generates a complex signal consisting of a real part I and an imaginary part Q, which can be preferably used for subsequent processing, for example by evaluating the phase information.”)
which in-phase measurement signal components and quadrature measurement signal components are analysed in the signal processing unit or in the receiver control module to provide related measurement information. (HUNDERTMARK teaches such analysis path, FIG. 2, as above)
With respect to Claim 6 , HUNDERTMARK teaches limitations of Claim 1.
HUNDERTMARK further teaches:
providing the receiver demodulator or the measurement demodulator or the receiver demodulator and the measurement demodulator as a phase sensitive detector, which compares the applied receiver signal or measurement signal with the reference transmitter signal and a related reference quadrature signal, to provide the demodulated complex receiver signal or the demodulated complex measurement signal. (HUNDERTMARK teaches demodulation with phase sensitive analysis, FIG. 2, elements 27, 28, 39, “Multiplier”; and [0027]: “converter can be an analog multiplier, in particular a Gilbert demodulator…used to separate the components of the fundamental and harmonics”, and [0041]: “multipliers 27, 28, and 29 can be implemented as analog multipliers, in particular as Gilbert cells, and thus form a Gilbert demodulator”)
With respect to Claim 7 , HUNDERTMARK teaches limitations of Claim 1.
HUNDERTMARK further teaches:
providing at least one measurement reference signal or measurement reference value and comparing the measurement signal or a measurement value derived from the measurement signal with the at least one measurement reference signal or measurement reference value to determine the presence of the critical condition. (HUNDERTMARK teaches use of reference signal, FIG. 2, element labeled “IR”, and element 30, with signals marked 0° and 90° reference signals sent to Gilbert-cell elements 27, 28, 29 for demodulation; and [0041]: “reference signal is tapped at the junction of the receiving coils 20, 21 and optionally via an amplifier 23 and/or low-pass filter 25, fed to a multiplier 27…signal can be used in later processing as a reference signal for decomposing the measurement signal into real and imaginary parts”)
With respect to Claim 8 , HUNDERTMARK teaches limitations of Claim 1.
HUNDERTMARK further teaches:
providing an attenuator for attenuating the measurement signal taken from the receiver signal path or providing a measurement phase sensitive detector, which has a larger range than the receiver phase sensitive detectors or;
providing an attenuator for attenuating the measurement signal taken from the receiver channel and providing a measurement phase sensitive detector, which has a larger range than the receiver phase sensitive detector. (HUNDERTMARK teaches attenuation and phase sensitive measurements, FIG.2 with [0044]: “subsequent attenuation corresponding to high-pass filtering is again required to prevent otherwise possible different gains in the sidebands of the lower frequencies”, and [0045]: “Gilbert cells 28, 29 are provided, to which the measurement signal is supplied…pulse sequence is fed to the multiplier 28 unchanged and to the multiplier 29 with a 90° phase shift…which can be preferably used for subsequent processing, for example by evaluating the phase information.”)
With respect to Claim 11 , HUNDERTMARK teaches limitations of Claim 1.
capturing or recording the status of the metal detector and the measurement process and providing related status information such as current status information or historical status information to the receiver control module which classifies the measurement information under consideration of the status information relating to the measurement information. (HUNDERTMARK teaches computational method, where method is carried out on an external computer, implicitly suggesting storage, [0085]: “can be carried out on the metal detector itself or on an external computer. After generation, the pulse sequence or The rectangular waveform can be stored in order to be used multiple times”; Also see FIG. 2 with [0033]: “design of a circuit for generating, recording and processing measurement signals”; Examiner interprets “status information” analogous to reference “signal”.)
With respect to Claim 12 , HUNDERTMARK teaches limitations of Claim 1.
HUNDERTMARK further teaches:
detecting at least one of the following conditions: the presence of a product in the balanced coil system; the presence of vibrations; and the presence of external electromagnetic interferences in the metal detector; (HUNDERTMARK teaches at least one of these limitations, specifically teaches presence of a product, Abstract: “evaluation unit for signal evaluation in a metal detector for detecting foreign bodies in a product or product stream” ; Examiner interprets “product” as analogous to reference term “foreign bodies”)
and providing related status information to the receiver control module, which evaluates the measurement information on the consideration of the obtained status information. (HUNDERTMARK, teaches, as above, evaluation of measurement information, for example FIGs. 6,7.)
With respect to Claim 13 , HUNDERTMARK teaches limitations of Claim 1.
HUNDERTMARK further teaches:
providing an operation value and a reset value of an operation parameter,
comprising a gain parameter, for at least one controllable active module,
comprising an amplifier stage, installed in the receiver signal path and resetting the at least one controllable active module after a critical condition is determined to be present by setting the operation parameter to the reset value and continuously changing the operation parameter from the reset value to the operation value within a gain reset period; and/or providing an operation value and a reset value of a filter parameter for at least one controllable filter stage installed in the receiver signal path; (HUNDERTMARK teaches value setting and resetting for operational parameters, FIGs 2, showing receiving path, elements 23, 24 amplifier, and adjusting/resetting, FIGs. 6, 7; use of adjustable gains/gain control, [0044]: “alternative to such an increase in the amplitude of the harmonics by frequency modulation, an increase by high-pass filtering can also be provided”)
and resetting the at least one filter stage after the critical condition determined to be present by setting the filter parameter to the reset value and changing the filter parameter from the reset value to the operation value within a filter reset period. (As above, HUNDERTMARK teaches use of filters and resetting values, [0044], part of an iterative evaluation process, FIGs . 6,7.)
With respect to Claim 14 , HUNDERTMARK teaches limitations of Claim 1.
HUNDERTMARK further teaches:
controlling or resetting the receiver unit by discharging or exchanging at least one capacitor in the electronic circuit of the receiver unit, or following a determination that the critical condition present is caused by a contaminant, holding the receiver unit in its current condition. (HUNDERTMARK teaches adjustments of receiving process based on pre-determined tolerance, FIGs 6,7, and [0009]: “to make the different frequencies usable for detection, the respective signal components must be separated in the receiving circuit. This can be done in a manner known to those skilled in the art, using appropriately adjusted bandpass filters.”; and [0080]: “S660 or S760 of Fig. 6 or Fig. 7…result of the conversion is verified by performing an FFT…checked whether the generated signal matches the input in steps S610 or S610,S710 meets the specified properties.”)
With respect to Claim 15 , HUNDERTMARK teaches limitations of Claim 1.
HUNDERTMARK further teaches:
providing for each operating frequency; a dedicated receiver signal path; and
a dedicated signal processing path; and where signal processing in the measurement channel is dependent on the operating frequency, a dedicated measurement channel. (HUNDERTMARK FIG.3, [0058]: “reference signal is filtered in parallel by a series of bandpass filters 101 n01 tuned to the intermediate frequencies corresponding to the original fundamental frequency”; and FIG. 1, FIG. 13, with [0053]: “Figure 1 shows the frequency range fed to the analog-to-digital converters …Fig. 13 clarifies why there must be a difference between the fundamental frequency fg and the sampling frequency of the analog-to-digital converters…If there is no difference, all intermediate frequencies fZF would overlap and be at 0 Hz.”)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. § 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3 is rejected under 35 U.S.C. § 103 as being unpatentable over HUNDERTMARK (DE 102017124407 A1) in view of MCADAM (US 20150276964 A1).
With respect to Claim 3 , HUNDERTMARK teaches the limitations of Claim 2.
HUNDERTMARK further teaches:
assigning the critical condition according to the measurement information to
a first class relating to critical conditions caused by a product or contaminant; (HUNDERTMARK teaches process for determination of metal contaminant detection, [0032]: “detection unit which is designed to detect foreign objects based on the signal components provided by the evaluation unit” and [0061]: “final evaluation of the measurement signals IF1, QF1 ...and detection of impurities in functional block 100 can be carried out according to a method known in principle to those skilled in the art…a joint evaluation of measurement signals of different excitation frequencies can be used for detection, thereby improving the overall detection performance.”)
a second class relating to critical conditions caused by an external influence, (HUNDERTMARK teaches handling signal disturbed by external influence, [0036]: “disturbances would manifest themselves as noise in the signal tapped at output terminals 20a and 21a, and thus ultimately affect the detection performance…suitable filtering or signal processing steps can also be provided to reduce such interference.”)
HUNDERTMARK does not teach:
class relating to critical conditions of an external influence comprising a vibration;
a third class relating to critical conditions caused by an irregular state of the metal detector, comprising fault of the electronics;
a fourth class relating to critical conditions caused by a drift occurred in the metal detector.
MCADAM teaches:
class relating to critical conditions of an external influence comprising a vibration; (MCADAM is in same technical field, [0002]: “relates to a method for monitoring the operation of a multiple frequency metal detection apparatus”: MCADAM teaches analysis of signal to discern disturbances, explicitly, vibrations: . [0023]: “can be checked whether other disturbances, such as influences from the installation site, e.g. vibrations or magnetic fields, have a negative impact on the measurement process.” [0047]: “output signals of the analogue to digital converter 37 are forwarded to a signal processing unit 4, such as a digital signal processor, which compares the demodulated and processed monitoring signals sM1 and sM2 obtained for each operating frequency fTX1, fTX2 with reference values… In the event that the demodulated monitoring signals sM1 and sM2 differ from a given reference by more than a pre-set threshold then an alarm is raised”)
a third class relating to critical conditions caused by an irregular state of the metal detector, comprising fault of the electronics; (MCADAM teaches detection of system malfunction, [0013]: “method that allows detecting malfunctions that would prevent the metal detection system from correctly detecting product contaminations for all system configurations and operating modes”, and consequences of deviation from threshold, as above, [0021], and [0023]: “inventive method allows measuring the performance of the metal detection system for each operating frequency of a pair of selected operating frequencies and verifying, if the measured performance lies within the specifications…checked whether the transmitter part and the receiver part of the system operate correctly”)
a fourth class relating to critical conditions caused by a drift occurred in the metal detector. (MCADAM teaches analysis based on external and internal factors, as above, [0047]; Applying BRI and using plain meaning, Examiner interprets “drift” to mean generally any instability or baseline variation in a sensor or detector reading based on external or internal factors, and asserts this would be understood by one of ordinary skill in the art.)
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine HUNDERTMARK to include steps in the method for a metal detector of class relating to critical conditions of an external influence comprising a vibration; a third class relating to critical conditions caused by an irregular state of the metal detector, comprising fault of the electronics; a fourth class relating to critical conditions caused by a drift occurred in the metal detector. such as that of MCADAM because these steps would be advantageous in producing a more accurate and specific detection of a metallic particle to achieve the claimed invention. One of ordinary skill would be understand that the control classification method of MCADAM would improve the method and system of HUNDERTMARK with additional analysis steps without incurring additional expense or detection time.
Claims 9-10 are rejected under 35 U.S.C. § 103 as being unpatentable over HUNDERTMARK (DE 102017124407 A1) in view of MOORE (US 20150234075 A1).
With respect to Claim 9 , HUNDERTMARK teaches limitations of Claim 1.
HUNDERTMARK further teaches:
analyzing the receiver signal in the metal detector (HUNDERTMARK teaches phase sensitive analysis, as above, FIG. 2, elements 27, 28, 39, “Multiplier”; and [0027])
HUNDERTMARK does not teach:
analyzing the receiver signal for determining imbalance signal components
relating to imbalances occurring in the metal detector
and providing a compensation signal that corresponds to the determined imbalance signal components and applying the compensation signal to a compensation unit provided in the receiver signal path to compensate the detected imbalance signal following detection of the critical condition
analyzing the measurement signal for determining imbalance signal components
relating to imbalances occurring in the metal detector
providing a compensation signal that corresponds to the determined imbalance signal components and applying the compensation signal to the compensation unit provided in the receiver signal path to compensate the determined imbalance signal components.
MOORE teaches:
analyzing the receiver signal for determining imbalance signal components
relating to imbalances occurring in the metal detector (MOORE is in same technical field, [0001]: “relates to an apparatus for detecting contaminants…for detecting metal in foodstuffs.”, using balanced-coil circuitry, [0004]: “receiver coils are connected in opposition such that in absence of any object their induced voltages oppose one another…resulting in a zero output signal…condition when the coil system is in a perfectly balanced state.”; MOORE teaches evaluation of imbalance conditions, FIG.3, with [0011]: “under certain circumstances an out of balance in the detection coils can have a profound effect on the operation of the detection circuitry”, and [0019]-[0020]: “system is thus required that:…automatically balances the detector coil system throughout a range of operational frequencies irrespective of the shape of the signal, …so as to account for any imbalance in the detector coil system without the need to mechanically adjust the coils”)
and providing a compensation signal that corresponds to the determined imbalance signal components and applying the compensation signal to a compensation unit provided in the receiver signal path to compensate the detected imbalance signal following detection of the critical condition (MOORE teaches compensation for imbalance, [0019]: “system is thus required that”, [0021]: “ automatically compensates for any delays or noise as a result of external influences in measuring the output signal without any or minimal manual intervention; or [0025]: “c. adjusting the adjustable balance signal so as to provide a compensated signal”)
analyzing the measurement signal for determining imbalance signal components
relating to imbalances occurring in the metal detector (MOORE teaches, as above, evaluation for imbalance, [0011], [0019])
providing a compensation signal that corresponds to the determined imbalance signal components and applying the compensation signal to the compensation unit provided in the receiver signal path to compensate the determined imbalance signal components. (MOORE teaches providing and applying compensation for imbalance, as above, [0025] step c, and further in [0027]: “compensated signal is measured and if the compensated signal is above a predetermined threshold value, repeat step (c) above so that when combined with the output signal of the detector, the compensated signal is below a predetermined threshold value”)
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to modify HUNDERTMARK to include analyzing receiver signal for determining imbalance signal components relating to imbalances occurring in the metal detector and providing a compensation signal that corresponds to the determined imbalance signal components and applying the compensation signal to a compensation unit provided in the receiver signal path to compensate the detected imbalance signal following detection of the critical condition; analyzing the measurement signal for determining imbalance signal components relating to imbalances occurring in the metal detector and providing a compensation signal that corresponds to the determined imbalance signal components and applying the compensation signal to the compensation unit provided in the receiver signal path to compensate the determined imbalance signal components, as taught by MOORE because it would a way to improve detection sensitivity, preventing false signals, and also a way to correct a saturated condition. One of ordinary skill would also see the advantage of identifying imbalance and developing compensation in preventing false alarms and allowing for efficient, real-time error correction while measuring.
With respect to Claim 10 , HUNDERTMARK teaches limitations of Claim 1.
comparing the measurement signal or measurement value with the at least one reference signal or reference value in the receiver signal path. (HUNDERTMARK teaches comparative analysis using reference signal, as above, FIG. 2, element labeled “IR”, “reference signal” along path as described above)
HUNDERMARK does not teach
determine a saturation condition in receiver signal path
MOORE teaches:
determine a saturation condition in receiver signal path (MOORE teaches handling of saturation condition, [0011]: “saturation of the detection circuitry may result in the detector not recognising a component of the output signal associated with a particular metal contaminant”, and [0045]: “CPU monitors to see whether the detection coils are saturated or a metal contaminant is successfully discriminated”
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to modify HUNDERTMARK to include consideration of a saturation condition in a receiver signal path, as taught by MOORE because it would well-known as an improvement in detection sensitivity, preventing false signals, and also a way to protect from electronic overdrive. One of ordinary skill would see the advantage of combining the saturation consideration taught explicitly by MOORE with the metal detection method/apparatus of HUNDERTMARK to make sure small signals are distinguishable from background noise, which is not prohibited when receiver coil or amplifier is saturated condition.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and was included in previous office action.
THIS ACTION IS MADE FINAL. 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 TONI D SAUNCY whose telephone number is (703)756-4589. The examiner can normally be reached Monday - Friday 8:30 a.m. - 5:30 p.m. ET.
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/TONI D SAUNCY/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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