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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 3-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freibuger et al. [PG. Pub. No.: US 2010/0243878 A1].
With regards to claim 1, Freibuger discloses a method for signal detection of a radiometric sensor (¶0003), comprising: first detecting of a first pulse rate by way of a first discriminator (60, first comparator, ¶0033) and a first counting circuit (first counting rate, ¶0008); second detecting of at least a second pulse rate by way of a second discriminator (61, second comparator, ¶0033) and a second counting circuit (second counting rate, ¶0008), wherein a first amplitude sensitivity (amplifying unit, ¶0025) of the first discriminator (first comparator) is different from a second amplitude sensitivity (amplified lies above a second threshold, the second threshold lying above the first threshold) of the second discriminator (second comparator), (¶0025); determining a ratio between the second pulse rate of the second discriminator detected by the second detecting and the first pulse rate of the first discriminator detected by the first detecting (determining a first counting rate of pulses having a level that lies above a first threshold, determining a second counting rate of pulses having a level that lies above a second threshold, the second threshold lying above the first threshold, and controlling the gain in such a way that a ratio between the first counting rate and the second counting rate corresponds to a predetermined function, ¶0022); and comparing the determined ratio with an expected value (70, Microprocessor, ¶0035).
With regards to claim 3, Freibuger discloses further comprising: decreasing or increasing the first amplitude sensitivity of the first discriminator if the determined ratio deviates from the expected value (the amplifying unit comprises an amplifier having an adjustable gain, ¶0031).
With regards to claim 4, Freibuger discloses wherein the first discriminator is a measurement discriminator and the method further comprises: designating the second discriminator as a measurement discriminator if the determined ratio deviates from the expected value (the amplifying unit comprises an amplifier having an adjustable gain, wherein the drift compensation unit is connected to the amplifier and is designed to adjust the adjustable gain in tracking fashion, ¶0031).
With regards to claim 5, Freibuger discloses further comprising: detecting a third pulse rate by way of a third discriminator and a third counting circuit, wherein the third discriminator has a lower or higher amplitude sensitivity than the first discriminator and a higher amplitude sensitivity than the second discriminator; determining a second ratio between the first pulse rate of the first discriminator and the third pulse rate of the third discriminator, wherein the first discriminator is a measurement discriminator; and comparing the determined second ratio with a second expected value (The first comparator 60 may generate a pulse at its output if the level of the pulse generated by the photomultiplier 20 or a pulse height or pulse amplitude lies above a first threshold S1. The second comparator 61 may generate a pulse at its output if the level of the pulse generated by the photomultiplier 20 lies above a second threshold S2, the second threshold S2 lying above the first threshold S1. The third comparator 62 may generate a pulse at its output if the level of the pulse generated by the photomultiplier 20 lies energetically above a third threshold S3, the third threshold S3 differing from the first threshold S1 and the second threshold S2, ¶0034).
With regards to claim 6, Freibuger discloses further comprising: designating the third discriminator (62, third comparator, ¶0034) as a measurement discriminator if the determined ratio deviates from the second expected value (¶0034).
With regards to claim 7, Freibuger discloses further comprising: determining a ratio between the second pulse rate of the second discriminator and the third pulse rate of the third discriminator (¶0034); and comparing the determined ratio with the second expected value (third comparator generates a pulse at its output if the level of the pulse generated by the optical sensor and amplified lies above a third threshold, the third threshold differing from the first threshold and the second threshold, ¶0025).
With regards to claim 8, Freibuger discloses further comprising: outputting a warning or error message if the determined ratio deviates from the expected value (output an alarm signal, ¶0037).
With regards to claim 9, Freibuger discloses a method for signal control of a radiometric sensor (¶0003), comprising: detecting of a first pulse rate by way of a first discriminator (60, first comparator, ¶0033), and a first counting circuit, wherein the first discriminator is a measurement discriminator (first counting rate, ¶0008); detecting of a second pulse rate by way of a second discriminator (61, second comparator, ¶0033) and a second counting circuit(second counting rate, ¶0008); detecting of a third pulse rate by way of a third discriminator (62, the third comparator) and a third counting circuit (¶0025), wherein the second discriminator has a lower amplitude sensitivity than the first discriminator and a higher amplitude sensitivity than the third discriminator (the third threshold S3 differing from the first threshold S1 and the second threshold S2, in the present case being greater than the first and the second thresholds S1 and S2, ¶0025 & ¶0035); determining a ratio between the third pulse rate of the third discriminator and the second pulse rate of the second discriminator (the amplifying unit comprises an amplifier having an adjustable gain, wherein the drift compensation unit is connected to the amplifier and is designed to adjust the adjustable gain in tracking fashion, ¶0031); comparing the determined ratio with an expected value (The first comparator 60 may generate a pulse at its output if the level of the pulse generated by the photomultiplier 20 or a pulse height or pulse amplitude lies above a first threshold S1. The second comparator 61 may generate a pulse at its output if the level of the pulse generated by the photomultiplier 20 lies above a second threshold S2, the second threshold S2 lying above the first threshold S1. The third comparator 62 may generate a pulse at its output if the level of the pulse generated by the photomultiplier 20 lies energetically above a third threshold S3, the third threshold S3 differing from the first threshold S1 and the second threshold S2, ¶0034); and adjusting amplification (of received pulse rates if the determined ratio deviates from the expected value in the comparing (the amplifying unit comprises an amplifier having an adjustable gain, ¶0031).
With regards to claim 10, Freibuger discloses wherein a gain is adjusted by changing an anode or cathode voltage at a photomultiplier and/or a supply voltage of a semiconductor detector (¶0030-0031).
With regards to claim 11, Freibuger discloses wherein a gain is adjusted at an electrical amplifier circuit (¶0031).
With regards to claim 12, Freibuger discloses a diagnostic device for a radiometric detector (¶0003) comprising: a first discriminator (60, first comparator, ¶0033) and a first counting circuit configured to first detect a first pulse rate (first counting rate, ¶0008); second detecting of at least a second pulse rate by way of a second discriminator (61, second comparator, ¶0033) and a second counting circuit (second counting rate, ¶0008), wherein a first amplitude sensitivity (amplifying unit, ¶0025) of the first discriminator (first comparator) is different from a second amplitude sensitivity (amplified lies above a second threshold, the second threshold lying above the first threshold) of the second discriminator (second comparator), (¶0025); determining a ratio between the second pulse rate of the second discriminator detected by the second detecting and the first pulse rate of the first discriminator detected by the first detecting (determining a first counting rate of pulses having a level that lies above a first threshold, determining a second counting rate of pulses having a level that lies above a second threshold, the second threshold lying above the first threshold, and controlling the gain in such a way that a ratio between the first counting rate and the second counting rate corresponds to a predetermined function, ¶0022); and comparing the determined ratio with an expected value (70, Microprocessor, ¶0035).
With regards to claim 13, Freibuger discloses a radiometric level measuring device comprising a diagnostic device (radiometric measurement systems, ¶0003)
With regards to claim 14, Freibuger discloses wherein the method is for noise detection (noise pulses, ¶0009).
With regards to claim 15, Freibuger discloses decreasing or increasing the first amplitude sensitivity of the first discriminator if the determined ratio deviates from the expected value (the amplifying unit comprises an amplifier having an adjustable gain, ¶0031).
With regards to claim 16, Freibuger discloses determining a ratio between the second pulse rate of the second discriminator and the third pulse rate of the third discriminator (¶0034); and comparing the determined ratio with the expected value (third comparator generates a pulse at its output if the level of the pulse generated by the optical sensor and amplified lies above a third threshold, the third threshold differing from the first threshold and the second threshold, ¶0025).
With regards to claim 17, Freibuger discloses outputting a warning or error message if the determined ratio deviates from the expected value (output an alarm signal, ¶0037).
With regards to claim 18, Freibuger discloses wherein a gain is adjusted by changing an anode or cathode voltage at a photomultiplier and/or a supply voltage of a silicon photomultiplier (¶0030-0031).
With regards to claim 19, Freibuger discloses wherein the gain is adjusted at an electrical amplifier circuit (¶0031).
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With regards to claim 2, the prior art does not disclose or suggest the claimed first amplitude sensitivity of the first discriminator is higher than the second amplitude sensitivity of the second discriminator in combination with the remaining claimed elements as set forth in claim 2 and from which it depends.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS C GRAY whose telephone number is (571)270-3348. The examiner can normally be reached Monday-Friday 7am-5pm.
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/FRANCIS C GRAY/Primary Examiner, Art Unit 2852