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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/15/2023 complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed on 06/15/2023 are accepted.
Claim Objection
Claim 7 has the following typo: “the stem is disposed in the of the liquid in response to”
Claim 5 has the following typo: “wherein the controller is configured to perform the liquid level measurement
Claim 10 has the following typo: “and configured to monitor a first
Appropriate correction is requested.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding Claim 6:
Claim 6 cites “the liquid level measurement in response to performing the following operations: delivering a first amount of the electrical current to the input terminal to induce resistive heating of the resistive temperature device; in response to producing resistive heat, halting delivery of the electrical current to the resistive temperature device; measuring the voltage across the resistive temperature device indicative of a resistance”.
The Claim cites halting current to the resistive temperature device and then measuring the voltage across it.
MPEP 2164.01(a) cites “In re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988), referred to as the Wands factors to assess whether any necessary experimentation required by the specification is "reasonable" or is "undue.”
The examiner cites Wands factor (D) the level of one of ordinary skill in the art:
Claim 6 cites: “halting delivery of the electrical current to the resistive temperature device; measuring the voltage across the resistive temperature device indicative of a resistance.”
One of ordinary skill in the art would know that in order to measure the voltage across a resistive temperature device, current must flow through the resistor. If the current is halted, as cited in Claim 6, the voltage drop across the resistive temperature device will be zero, and not indicative of a resistance.
The examiner cites Wands factor (C) the state of the prior art:
Gubel et al (US-10247087) discloses the liquid level measurement (col 6 lines 50-55) in response to performing the following operations: delivering a first amount of the electrical current to the input terminal to induce resistive heating of the resistive temperature device (fig 2A: 204; 2B: 224, 226; col 6 lines 14-16); in response to producing resistive heat, reducing the current to the resistive temperature device (col 6 lines 40-42) to a nominal constant value (Fig 2A: 208; col 6 lines 40-42); measuring the voltage across the resistive temperature device indicative of a resistance (fig 2C: 240; col 7 lines 20-23).
The prior art discloses the current is reduced to a nominal value, not halted, in order to measure the voltage across a resistive temperature device indicative of a resistance.
If the electrical current is halted, the voltage drop across the resistive temperature device would be zero. How resistance would change with temperature when the voltage is zero is not apparent and would require undue experimentation.
Regarding Claim 15:
The same issue from Claim 6 applies to Claim 15.
Appropriate action is requested.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-9 and 20 are rejected under 35 U.S.C. 103 as being obvious over Gubel et al (US-10247087) in view of Ohse et al (US2019/0032958).
Regarding Claim 1:
Gubel discloses a dual-use level and temperature sensor (Abstract) comprising: the sensor (fig 1: 102 thermistor; col 4 lines 8-11) including an input terminal (fig 1; col 4 lines 8-15) configured to receive electrical current (fig 1: 104 current source; col 4 lines 8-15) and an output terminal configured to provide a return path for the electrical current (fig 1: 106; col 4 lines 8-15); and a controller (Abstract “circuitry”) in signal communication with the sensor (col 6 lines 25-29), the controller configured to deliver the input current to the input terminal (col 2 lines 2-6) and configured to monitor a voltage across the input and output terminals (col 7 lines 47-51), wherein the controller is configured to perform both a liquid level measurement (col 8 lines 36-37) and a temperature measurement (col 10 lines 32-35) based on the voltage (Abstract).
While Gubel discloses a sensor immersed in a fluid, Gubel is not specific about how the sensor is physically immersed in the fluid.
Gubel does not teach: a stem configured to contact liquid; a sensor coupled to the stem.
Ohse in a similar field of endeavor teaches a probe (Abstract; fig 1), a stem (fig 1: 103 [0044] "sheath") configured to contact liquid (fig 1: 103, 106; [0044]) and a sensor coupled to the stem ([0045]).
Ohse teaches the use of a probe with a stem containing the sensor as a means to immerse a sensor in a liquid. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the device of Gubel with the teachings of Ohse, in order to have a sensor system, comprising a probe to be immersed in a liquid, to measure the temperature and other parameters of the liquid (Ohse Claim 1).
Regarding Claim 2:
Gubel in view of Ohse teaches the dual-use level and temperature probe of claim 1.
Gubel further discloses wherein the sensor is a resistive temperature device (Abstract “thermistor”).
Regarding Claim 3:
Gubel in view of Ohse teaches the dual-use level and temperature probe of claim 2.
Gubel further discloses wherein the resistive temperature device is a thermistor (Abstract).
Regarding Claim 4:
Gubel in view of Ohse teaches the dual-use level and temperature probe of claim 2.
Gubel further discloses wherein the controller is configured to vary a current level of the input current and to determine a temperature associated with the resistive temperature device based on the measurement signal (Abstract).
Regarding Claim 5:
Gubel in view of Ohse teaches the dual-use level and temperature probe of claim 4.
Gubel further discloses wherein the controller is configured to perform the liquid level measurement during a first time duration (fig 3: 310) and is configured to perform the temperature measurement during a second time duration different from the first time duration (fig 3: 314).
Regarding Claim 6:
Gubel in view of Ohse teaches the dual-use level and temperature probe of claim 4.
Gubel further discloses wherein the controller performs the liquid level measurement in response to performing the following operations: delivering a first amount of the electrical current to the input terminal (fig 3: 304; col 9 lines 53-54) to induce resistive heating of the resistive temperature device (col 9 lines 53-55); in response to producing resistive heat, halting delivery of the electrical current to the resistive temperature device (fig 3: 306 “terminate test current pulse; fig 2A: 208; col 9 lines 53-67); measuring the voltage across the resistive temperature device (fig 2C; col 7 line 62 through col 8 line 17) indicative of a resistance (col 7 line 62 through col 8 line 17).
Note that after the test current pulse is terminated, there is still current flowing (fig 2A).
Gubel teaches monitoring a decay rate of the resistance (fig 2: the change in voltage with time shown in fig 2C is proportional to the change in resistance with time, as the current is constant after time t0 + x, as shown in fig 2A; col 7 line 62 through col 8 line 17); and determining a temperature decay rate associated with the resistive temperature device based on the decay rate of the resistance (fig 2A-C; col 7 line 62 through col 8 line 17). Note that resistive growth is equivalent to resistive decay; it is the rate of change that is the vital parameter, not the direction of change.
Regarding Claim 7:
Gubel in view of Ohse teaches the dual-use level and temperature probe of claim 6.
Gubel further discloses wherein the liquid level measurement further comprises: determining, by the controller, the sensor is disposed in the presence of a liquid in response to the temperature decay rate being equal to or exceeding to a decay threshold (fig 2B; fig 3: 310, 312; col 10 lines 15-29) and determining that the sensor is not in the presence of the liquid in response to the temperature decay rate being less than the decay threshold (fig 2B; fig 3: 310, 316; col 10 lines 15-45).
Note that temperature decay rate and temperature decay time are inversely related, e.g. a higher decay rate corresponds to a shorter decay time.
Accordingly, the temperature decay rate in the presence of liquid being higher than a threshold, corresponds to the temperature decay time being lower than a threshold (fig 3: 310-> 312).
Conversely, the temperature decay rate in the absence of liquid being lower than a threshold, corresponds to the temperature decay time being higher than a threshold (fig 3: 310-> 316).
Regarding Claim 8:
Gubel in view of Ohse teaches the dual-use level and temperature probe of claim 7.
Gubel further discloses wherein the controller performs the temperature measurement (fig 3: 314) after determining the presence of liquid (fig 3: 312), and generates an alert in response to determining the sensor is not in the presence of the liquid (fig 3: 316, 318; col 10 lines 43-53).
Regarding Claim 9:
Gubel in view of Ohse teaches the dual-use level and temperature probe of claim 7.
Gubel further discloses wherein the controller performs the temperature measurement in response to performing the following operations: delivering a second amount of the electrical current to the first input terminal that is less than the first amount of the electrical current (fig 2A: 204, 202); measuring the voltage across the input and output terminals of the resistive temperature device (col 7 lines 47-51); determining a resistance of the resistive temperature device based on the voltage (col 4 lines 33-40); determining a temperature of the resistive temperature device based on the resistance (col 4 lines 39-45); and determining a temperature of the liquid based on the temperature of the resistive temperature device (col 4 lines 22-33).
Regarding Claim 20:
Gubel discloses: A method of performing a liquid level measurement and a liquid temperature measurement (Abstract) using a single resistive temperature device (Abstract; fig 1: 102 thermistor; col 4 lines 8-11), the method comprising:
delivering an electrical current (fig 1: 104; col 4 lines 8-15) from a controller (Abstract “circuitry”; col 2 lines 2-6) to an input terminal of the sensor (fig 1: 104, 102; col 4 lines 8-15), and outputting the electrical current flowing through the sensor to the controller via an output terminal of the sensor (fig 1: 106; col 4 lines 8-15); monitor a voltage across the input and output terminals using the controller (fig 1: 108; col 7 lines 47-51); and performing both the liquid level measurement (col 8 lines 36-37) and the temperature measurement (col 10 lines 32-35) based on the voltage (Abstract).
While Gubel discloses a sensor immersed in a fluid (fig 1: 110), Gubel is not specific about how the sensor is physically immersed in the fluid; Gubel does not teach coupling a single sensor to a stem configured to contact liquid.
Ohse in a similar field of endeavor teaches coupling (fig 1: 103, 120; [0045]) a sensor (fig 1: 120; [0046]) to a stem (fig 1: 103; [0044] "sheath") configured to contact liquid (fig 1: 103, 106; [0044]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the device of Gubel with the teachings of Ohse in order to have a sensor system comprising a probe to be immersed in a liquid in order to measure the temperature and other parameters of the liquid (Ohse Claim 1).
Claims 10-13 and 15-19 are rejected as being obvious over Ohse in view of Gubel.
Regarding Claim 10:
Ohse discloses a dual-use level and temperature probe (Abstract; fig 1:102) comprising: a stem (fig 1:103 [0044] "sheath") configured to contact liquid (fig 1: 103, 106; [0044]); a first sensor (fig 1: 124; [0049] resistive heating element); coupled to the stem (fig 1: 103, 124), the first sensor including a first input terminal configured to receive a first electrical current and a first output terminal configured to output the first electrical current (fig 1: 130; [0049]); a second sensor (fig 1: 120; [0048] thermocouple) coupled to the stem (fig 1: 103, 120), the second sensor including a second input terminal configured to receive a second electrical current and a second output terminal configured to output the second electrical current (fig 1: 126; [0046]); a controller (fig 4: 104; [0051]) in signal communication with the first sensor and the second sensor (fig 4: 102, 104; [0051]), the controller configured to deliver the first electrical current to the first input terminal ([0053]) and configured to monitor a first voltage across the first input and output terminals ([0049]) and to monitor a second voltage across the second input and output terminals ([0048]), wherein the controller is configured to perform a liquid level measurement based on the first voltage ([0049]) and to perform a temperature measurement based on the second voltage ([0048]).
Ohse does not teach the controller is configured to deliver a second electrical current to the second input terminal.
In a similar field of endeavor, Gubel teaches a controller configured to deliver a first and second electrical current to a first and second input terminal (see fig. 3 and col 9 lines 4-38 which demonstrate sending current to two thermistors (312 and 316) which would each inherently have its own input terminal).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the invention of Ohse to have a controller configured to deliver a second electrical current to the second input terminal, as taught by Gubel, in order to replace a thermocouple with a thermistor, to enable higher precision temperature measurements.
Regarding Claim 11:
Ohse in view of Gubel teaches the dual-use level and temperature probe of Claim 10.
Ohse further teaches the first sensor is a resistive temperature device ([0049]), and the second sensor is a thermocouple (fig 1: 120; [0046]).
Ohse does not teach the second sensor is a resistive temperature device.
In a similar field of endeavor, Gubel teaches a thermistor measuring the temperature of a liquid.
It is well known to one of ordinary skill in the art that thermistors are more precise than thermocouples.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the invention of Ohse with the teachings of Gubel, in order to replace a thermocouple with a thermistor, to enable higher precision temperature measurements.
Regarding Claim 12:
Ohse in view of Gubel teaches the dual-use level and temperature probe of Claim 11.
Ohse further teaches the first sensor is a first type of resistive temperature device, a metal ([0049] nickel thin film) but does not specifically teach the second sensor is a second type of resistive temperature device.
However, Gubel teaches the second sensor is a resistive temperature device (Abstract “thermistor”).
As is well known to one of ordinary skill in the art, a thermistor is typically made from a metal oxide and not from a pure metal. Accordingly, the second sensor is a second type of resistive device.
Rationale to combine is the same as in Claim 11.
Regarding Claim 13:
Ohse in view of Gubel teaches the dual-use level and temperature probe of claim 12.
Gubel further teaches the second resistive temperature device is a thermistor (Abstract).
Rationale to combine is the same as in Claim 11.
Regarding Claim 15:
Ohse in view of Gubel teaches the dual-use level and temperature probe of claim 11.
Ohse further teaches wherein the controller (fig 4: 104) performs the liquid level measurement ([0062]) in response to performing the following operations: delivering the first electrical current having a first current level to the first input terminal (fig 1: 124; fig 5: 176; [0010]) to induce resistive heating of the first resistive temperature device (fig 5: 176; [0010] “generate the temperature differential”); receiving the first voltage signal from the first resistive temperature device indicative of a resistance ([0049] “an electrical characteristic or response (e.g., voltage/current) is measured at terminals 1301 and 1302 and used to determine the resistance of the resistive heating element 124” ).
Ohse does not teach: in response to producing resistive heat from the first resistive temperature device, halting delivery of the first electrical current to the first resistive temperature device; monitoring the decay rate of the resistance; and determining a temperature decay rate associated with the first resistive temperature device based on the decay rate of the resistance.
In a similar field of endeavor, Gubel teaches:
in response to producing resistive heat from the first resistive temperature device (fig 2B: 224, 226), halting delivery of the first electrical current to the first resistive temperature device (fig 3: 306; fig 2A: 208; col 9 lines 53-63); monitoring a decay rate of the resistance (fig 2: the change in voltage with time shown in fig 2C is proportional to the change in resistance with time, as the current is constant after time t0 + x, as shown in fig 2A; col 7 line 62 through col 8 line 17); and determining a temperature decay rate associated with the first resistive temperature device based on the decay rate of the resistance (fig 2A-C; col 7 line 62 through col 8 line 17).
Ohse supplies current to start resistive heating of the thermistor. However, Ohse’s device continues to supply current in order to heat the liquid significantly (fig 3) and does not reduce the current after the fluid level is detected (fig 5: 178, 180).
Gubel, in contrast, after the resistive device is heated by a current pulse (fig 2B), reduces the current significantly (fig 2A) so as to stop resistive heating (fig 2B) and not further heat the fluid.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the invention of Ohse with the teachings of Gubel so as to monitor coolant temperature in a vehicle (col 1 lines 7-9).
Regarding Claim 16:
Ohse in view of Gubel teaches the dual-use level and temperature probe of claim 15.
Ohse further teaches wherein the liquid level measurement (Abstract) further comprises: determining, by the controller (fig 4: 154), the stem is disposed in a presence of the liquid (fig 5: 176, 178; [0053]).
Ohse does not teach determining, by the controller, the stem is disposed in a presence of the liquid in response to the temperature decay rate being equal to or exceeding to a decay threshold; and determining that the stem is not in the presence of the liquid in response to the temperature decay rate being less than the decay threshold.
In a similar field of endeavor, Gubel teaches determining, by the controller (Abstract “circuitry”), the stem is disposed in the presence of a liquid in response to the temperature decay rate being equal to or exceeding to a decay threshold (fig 2B; fig 3: 310, 312; col 10 lines 15-29) and determining that the stem is not in the presence of the liquid in response to the temperature decay rate being less than the decay threshold (fig 2B; fig 3: 310, 316; col 10 lines 15-45).
Note that temperature decay rate and temperature decay time are inversely related, e.g. a higher decay rate corresponds to a shorter decay time.
Accordingly, the temperature decay rate in the presence of liquid being higher than a threshold, corresponds to the temperature decay time being lower than a threshold (fig 3: 310-> 312).
Conversely, the temperature decay rate in the absence of liquid being lower than a threshold, corresponds to the temperature decay time being higher than a threshold (fig 3: 310-> 316).
Rationale to combine is the same as in Claim 15.
Regarding Claim 17:
Ohse in view of Gubel teaches the dual-use level and temperature probe of claim 16.
Ohse does not teach wherein the controller performs the temperature measurement in response to performing the following operations: delivering the second electrical current having a second current level to the second input terminal, the second electrical current having a current level that is less than the first current level; receiving the second voltage from the resistive temperature device indicative of a resistance of the resistive temperature device; determining a temperature of the resistive temperature device based on the second voltage; and determining a temperature of the liquid based on the temperature of the resistive temperature device.
In a similar field of endeavor, Gubel teaches a thermistor measuring the temperature of a liquid (Abstract).
It is well known to one of ordinary skill in the art that thermistors are more precise than thermocouples.
A thermistor can be configured to measure a temperature by applying a nominal current through the thermistor and detecting a voltage drop across the thermistor (Abstract).
Gubel teaches the controller (Abstract “circuitry”) performs the temperature measurement (Abstract) in response to performing the following operations: delivering a second amount of the electrical current to the first input terminal that is less than the first amount of the electrical current (fig 2A: 204, 202); measuring the voltage across the input and output terminals of the resistive temperature device (col 7 lines 47-51); determining a resistance of the resistive temperature device based on the voltage (col 4 lines 33-40); determining a temperature of the resistive temperature device based on the resistance (col 4 lines 39-45); and determining a temperature of the liquid based on the temperature of the resistive temperature device (col 4 lines 22-33).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the invention of Ohse with the teachings of Gubel, to have a controller configured to deliver a second electrical current to the second input terminal, the second electrical current having a current level that is less than the first current level; receiving the second voltage from the resistive temperature device indicative of a resistance of the resistive temperature device; determining a temperature of the resistive temperature device based on the second voltage; and determining a temperature of the liquid based on the temperature of the resistive temperature device, in order to replace a thermocouple with a thermistor, to enable higher precision temperature measurements.
Regarding Claim 18:
Ohse in view of Gubel teaches the dual-use level and temperature probe of claim 17, but does not teach wherein the second electrical current is a current pulse.
However, Gubel further teaches the second electrical current is a current pulse (col 1 lines 34-35).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the invention of Ohse with the teachings of Gubel, to have the second electrical current be a current pulse in order to replace a thermocouple with a thermistor, to enable higher precision temperature measurements.
Regarding Claim 19:
Ohse in view of Gubel teaches the dual-use level and temperature probe of claim 18.
Ohse supplies current to start resistive heating of the thermistor. However, Ohse’s device continues to supply current in order to heat the liquid significantly (fig 3) and does not reduce the current after the fluid level is detected (fig 5: 178, 180).
Ohse does not teach the second current level of the current pulse is less than a current threshold that induces resistive heating of the second resistive temperature device.
In a similar field of endeavor, Gubel teaches a second current level less than a current threshold that induces resistive heating of the second resistive temperature device (fig 2A; Abstract).
Gubel, in contrast to Ohse, after the resistive device is heated by a current pulse (fig 2B), reduces the current significantly (fig 2A) so as to stop resistive heating (fig 2B) and not further heat the fluid.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the invention of Ohse with the teachings of Gubel so as to monitor coolant temperature in a vehicle (col 1 lines 7-9).
Claim 14 is rejected as being obvious over Ohse in view of Gubel and modified by Pioch (US-5,534,853).
Ohse in view of Gubel teaches the dual-use level and temperature probe of claim 11.
Ohse teaches wherein the controller (fig 4: 104) is configured to perform both the liquid level measurement ([0062]) and the temperature measurement ([0062]).
While the device of Ohse could conceivably have the controller programmed to perform the liquid level and temperature measurements simultaneously, it is not explicitly cited.
In a similar field of endeavor, Pioch teaches the measurement of a level of liquid and temperature simultaneously (Abstract).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the invention of Ohse in view of Gubel with the teachings of Pioch in order to monitor different operating conditions simultaneously, to provide “adequate protection against the risk of damage and destruction due to a running trouble” (Pioch col 1 lines 6-7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT SHUSTER whose telephone number is (571) 272-3170. The examiner can normally be reached on Monday-Thursday 9:30-5 ET.
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/GILBERT SHUSTER/
Examiner, Art Unit 2855
08/19/2025
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855