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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 2/24/26 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/18/24 and 5/2/25 have been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: the specification does not use the same reference names as the claims when referencing different elements. For example, claim 4 includes a first, second, third, and fourth electrode creating three distinct paths. The only recitation of a fourth electrode is 718 which exists in a line along with 712, 714, and 716 corresponding to Fig. 16. The arrangement of Fig. 16 does not identify three paths between the four electrodes. Overall, the inconsistencies between figures and specification make it unclear what figure is being described, where the four electrodes are positioned, and how they interact, i.e. the paths between.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9, 18-20 and 23-29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 18: It is unclear what is meant by the term “a variation interface”, last line, both claims. As best understood, the term will be treated as “a variation”. Claims 2-9, 19-20, 23-29 are rejected based on their dependency from the respective rejected claim.
Claim Rejections - 35 USC § 103
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 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 1-2, 8, 18-19, 28 are rejected under 35 U.S.C. 103 as being unpatentable over applicant-cited Calciolari et al. (US20120182030) in view of Morel-Fatio (US2019/0077292) further in view of Potyrailo et al. (US10914698).
Claim 1: Calciolari teaches a system comprising:
a capacitive sensor (Fig. 6a, device 3, [0123-0128]) configured to measure a first capacitance along a first path (a path between one of the pairs 7a-7a, 7b-7b, or 7c-7c ) through a fluid (multiphase mixture F) and a second capacitance along a second path (a different path between one of the pairs 7a-7a, 7b-7b, or 7c-7c) through the fluid, wherein the first path is different from the second path; and
a circuit (permittivity measurement circuit 8) configured to:
receive sensor data from the capacitive sensor corresponding to the first capacitance (from the first path) and the second capacitance (from the second path);
determine a first value of a fluid property of the fluid based on the first capacitance;
determine a second value of the fluid property of the fluid based on the second capacitance ([0125] It is therefore possible to measure the permittivity or the conductivity of the portion of fluid between any one of the pairs of zones 7a-7a, 7b-7b and 7c-7c independently of the other zones.).
Calciolari fails to teach a processor responsive to determining that a variation between the first value of the fluid property and the second value of the fluid property is above a predetermined threshold, operate a display device to provide a variation interface corresponding to the variation to a user.
However, Morel-Fatio teaches a probe including two capacitive sensors (plates 5,6 measure a first zone Z1 and plates 7,8 measure a second zone Z2, Fig. 2) wherein the computing device 9 is configured to compare a difference between a measured value from a first sensor ([0046] the two measurement signals are compared against one another to ensure that a deviation between the measured values does not exceed a threshold. If the threshold is exceeded, then the values are deemed invalid.).
Calciolari in view of Morel-Fatio fails to teach a display to provide a variation to the user.
However, Potyrailo teaches a display 26 used to output sensor data to an operator (col. 7, line 41- col. 8, line 18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a display, taught by Potyrailo, with the device of Calciolari in view of Morel-Fatio in order to reconstruct and easily convey information to an operator (col. 7, lines 41-51).
Claim 2: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the system of claim 1. Calciolari teaches wherein the capacitive sensor is further configured to measure a third capacitance along a third path through the fluid (the remaining path among the pairs 7a-7a, 7b-7b, or 7c-7c, Fig. 6a), wherein the third path is different from the first path and the second path ([0125] It is therefore possible to measure the permittivity or the conductivity of the portion of fluid between any one of the pairs of zones 7a-7a, 7b-7b and 7c-7c independently of the other zones.), Calciolari fails to teach wherein the processor is further configured to: receive the sensor data from the capacitive sensor corresponding to the third capacitance; determine a third value of the fluid property of the fluid based on the third capacitance; model the first value of the fluid property with the second value of the fluid property and the third value of the fluid property to determine a sensor error associated with at least one of the first value of the fluid property, the second value of the fluid property, or the third value of the fluid property; and responsive to determining that the sensor error is above a predetermined error threshold, operate the display device to provide the sensor error to the user.
However, Morel-Fatio teaches a probe including two capacitive sensors (plates 5,6 measure a first zone Z1 and plates 7,8 measure a second zone Z2, Fig. 2) wherein the computing device 9 is configured to compare a difference between a measured value from a first sensor ([0046] the two measurement signals are compared against one another to ensure that a deviation between the measured values does not exceed a threshold. If the threshold is exceeded, then the values are deemed invalid.). Although Morel-Fatio does not teach a third capacitance, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to perform the same comparison on all of the measurement values as no new or unexpected result is achieved by performing the method a plurality of times.
Calciolari in view of Morel-Fatio fails to teach a display to provide a variation to the user.
However, Potyrailo teaches a display 26 used to output sensor data to an operator (col. 7, line 41- col. 8, line 18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a display, taught by Potyrailo, with the device of Calciolari in view of Morel-Fatio in order to reconstruct and easily convey information to an operator (col. 7, lines 41-51).
Claim 8: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the system of claim 1. Calciolari teaches wherein the fluid property is a permittivity of the fluid ([0068] permittivity measurement circuit 8).
Claim 18: A method comprising: receiving sensor data from a capacitive sensor (Fig. 6a, device 3, [0123-0128]) corresponding to a first capacitance through a fluid (multiphase mixture F) along a first path (a path between one of the pairs 7a-7a, 7b-7b, or 7c-7c ) and a second capacitance through the fluid along a second path (a different path between one of the pairs 7a-7a, 7b-7b, or 7c-7c);
determining a first value of a fluid property of the fluid based on the first capacitance (permittivity measurement circuit 8 determines permittivity from a measurement of the first path);
determining a second value of the fluid property of the fluid based on the second capacitance (permittivity measurement circuit 8 determines permittivity from a measurement of the second path; [0125] It is therefore possible to measure the permittivity or the conductivity of the portion of fluid between any one of the pairs of zones 7a-7a, 7b-7b and 7c-7c independently of the other zones.)and
Calciolari fails to teach responsive to determining that a variation between the first value of the fluid property and the second value of the fluid property is above a predetermined threshold, operating a display device to provide a variation interface corresponding to the variation to a user.
However, Morel-Fatio teaches a probe including two capacitive sensors (plates 5,6 measure a first zone Z1 and plates 7,8 measure a second zone Z2, Fig. 2) wherein the computing device 9 is configured to compare a difference between a measured value from a first sensor ([0046] the two measurement signals are compared against one another to ensure that a deviation between the measured values does not exceed a threshold. If the threshold is exceeded, then the values are deemed invalid.).
Calciolari in view of Morel-Fatio fails to teach a display to provide a variation to the user.
However, Potyrailo teaches a display 26 used to output sensor data to an operator (col. 7, line 41- col. 8, line 18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a display, taught by Potyrailo, with the device of Calciolari in view of Morel-Fatio in order to reconstruct and easily convey information to an operator (col. 7, lines 41-51).
Claim 19: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the method of claim 18. Calciolari teaches wherein the capacitive sensor is further configured to measure a third capacitance along a third path through the fluid (the remaining path among the pairs 7a-7a, 7b-7b, or 7c-7c, Fig. 6a), wherein the third path is different from the first path and the second path ([0125] It is therefore possible to measure the permittivity or the conductivity of the portion of fluid between any one of the pairs of zones 7a-7a, 7b-7b and 7c-7c independently of the other zones.).
Calciolari fails to teach comparing the first value of the fluid property, the second value of the fluid property, and the third value of the fluid property to determine a sensor error associated with the capacitive sensor and at least one of the first value of the fluid property, the second value of the fluid property, or the third value of the fluid property; and responsive to determining that the sensor error is above a predetermined error threshold, operating the display device to provide an error interface corresponding to the sensor error to the user..
However, Morel-Fatio teaches a probe including two capacitive sensors (plates 5,6 measure a first zone Z1 and plates 7,8 measure a second zone Z2, Fig. 2) wherein the computing device 9 is configured to compare a difference between a measured value from a first sensor ([0046] the two measurement signals are compared against one another to ensure that a deviation between the measured values does not exceed a threshold. If the threshold is exceeded, then the values are deemed invalid.). Although Morel-Fatio does not teach a third capacitance, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to perform the same comparison on all of the measurement values as no new or unexpected result is achieved by performing the method a plurality of times.
Calciolari in view of Morel-Fatio fails to teach a display to provide a variation to the user.
However, Potyrailo teaches a display 26 used to output sensor data to an operator (col. 7, line 41- col. 8, line 18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a display, taught by Potyrailo, with the device of Calciolari in view of Morel-Fatio in order to reconstruct and easily convey information to an operator (col. 7, lines 41-51).
Claim 28: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the method of claim 18. Calciolari teaches wherein the fluid property is a permittivity of the fluid([0068] permittivity measurement circuit 8).
Claims 3, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Calciolari in view of Morel-Fatio further in view of Potyrailo in view of Duan (US20110071777).
Claim 3: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the system of claim 2, but fails to teach wherein responsive to determining that the sensor error is above the predetermined error threshold, the processor is further configured to calibrate the capacitive sensor to reduce the sensor error.
However, Duan teaches that capacitive-type sensors are regularly re-calibrated [0008] including when a measured sensor data has changed beyond a predetermined amount (threshold) [0047].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to re-calibrate the sensors of Calciolari in view of Morel-Fatio further in view of Potyrailo when an error is detected for the obvious benefit of obtaining accurate capacitive sensor data.
Claim 23: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the method of claim 19, but fails to teach wherein, responsive to determining that the sensor error is above the predetermined error threshold, the method further comprises: calibrating the capacitive sensor to reduce the sensor error.
However, Duan teaches that capacitive-type sensors are regularly re-calibrated [0008] including when a measured sensor data has changed beyond a predetermined amount (threshold) [0047].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to re-calibrate the sensors of Calciolari in view of Morel-Fatio further in view of Potyrailo when an error is detected for the obvious benefit of obtaining accurate capacitive sensor data.
Claims 4-5, 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Calciolari in view of Morel-Fatio further in view of Potyrailo further in view of Greer (US6388453).
Claim 4: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the system of claim 2. Calciolari teaches wherein: the capacitive sensor comprises: a first electrode; a second electrode; a third electrode; and a fourth electrode (there are two of each electrode, Fig. 6a: 7a, 7b, and 7c), but fails to teach the first path is between at least one of the first electrode and the third electrode and at least one of the second electrode and the fourth electrode; the second path is between the first electrode and the third electrode; and the third path is between the second electrode and the fourth electrode.
However, Greer teaches capacitive measurement including a transmitting and receiving terminal for the capacitors (Figs. 1, 2). The capacitors can be arranged and/or operated to detect capacitance between two parallel plates (Fig. 1) or between two co-planar plates (Fig. 2). Therefore, a person having ordinary skill in the art before the effective filing date of the invention can choose a suitable arrangement of electrodes for a plurality of measurements.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teachings of Greer with the device of claim 2, in order to permit more distinct measurements for a given number of array elements (Greer col. 3, lines 10-16).
Claim 5: Calciolari in view of Morel-Fatio further in view of Potyrailo further in view of Greer teaches the system of claim 4. Calciolari in view of Morel-Fatio further in view of Potyrailo fails to teach wherein the capacitive sensor further comprises: a shield positioned between (i) the first electrode and the third electrode and (ii) the second electrode and the fourth electrode, the shield configured to partially block electric flux between (i) the first electrode and the third electrode and (ii) the second electrode and the fourth electrode.
However, Greer teaches a shield (shield 10) between transmitting and receiving electrodes (Fig. 2).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a shield positioned between electrodes, as taught by Greer, in order to utilize the capacitive sensor for proximity sensing and non-contact material identification (Greer, col. 3, lines 51-53).
Claim 24: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the method of claim 19. Calciolari teaches wherein: the capacitive sensor comprises: a first electrode; a second electrode; a third electrode; and a fourth electrode (there are two of each electrode, Fig. 6a: 7a, 7b, and 7c), but fails to teach wherein: the first path is between at least one of a first electrode or a third electrode and at least one of a second electrode or a fourth electrode; the second path is between the first electrode and the third electrode; and the third path is between the second electrode and the fourth electrode.
However, Greer teaches capacitive measurement including a transmitting and receiving terminal for the capacitors (Figs. 1, 2). The capacitors can be arranged and/or operated to detect capacitance between two parallel plates (Fig. 1) or between two co-planar plates (Fig. 2). Therefore, a person having ordinary skill in the art before the effective filing date of the invention can choose a suitable arrangement of electrodes for a plurality of measurements.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teachings of Greer with the device of claim 19, in order to permit more distinct measurements for a given number of array elements (Greer col. 3, lines 10-16).
Claim 25: Calciolari in view of Morel-Fatio further in view of Potyrailo further in view of Greer teaches the method of claim 24. Calciolari in view of Morel-Fatio further in view of Potyrailo fails to teach wherein the wherein a shield is positioned between (i) the first electrode and the third electrode and (ii) the second electrode and the fourth electrode, the shield configured to partially block electric flux between (i) the first electrode and the third electrode and (ii) the second electrode and the fourth electrode.
However, Greer teaches a shield (shield 10) between transmitting and receiving electrodes (Fig. 2).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a shield positioned between electrodes, as taught by Greer, in order to utilize the capacitive sensor for proximity sensing and non-contact material identification (Greer, col. 3, lines 51-53).
Claim 6-7, 9, 20, 26-27, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Calciolari in view of Morel-Fatio further in view of Potyrailo further in view of Oikonomou (US20160216196).
Claim 6: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the system of claim 2, but fails to teach wherein the sensor error is associated with a deposit of a material on the capacitive sensor or an erosion of the capacitive sensor due to the fluid.
However, Oikonomou teaches detection of electrode errors wherein the error can be caused by deposits on the electrode [0003, 0028, 0061].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to detect an error, as taught by Calciolari in view of Morel-Fatio further in view of Potyrailo, including an error caused by deposits on the electrode as taught by Oikonomou in order to allow for real-time detection of deposits on the meter body, so that cleaning and, if needed, calibration or adjustments in the measurements may be performed at an early stage before any effect on the quality of the measurements (Oikonomou [0004]).
Claim 7: Calciolari in view of Morel-Fatio further in view of Potyrailo further in view of Oikonomou teaches the system of claim 6. Potyrailo teaches a display 26 used to output sensor data to an operator (col. 7, line 41- col. 8, line 18).
Calciolari in view of Morel-Fatio further in view of Potyrailo fails to teach wherein the processor is further configured to: determine a location of (i) the deposit of the material on the capacitive sensor or (ii) the erosion of the capacitive sensor based on the sensor error; and operate the display device to provide the location of (i) the deposit of the material or (ii) the location of the erosion of the capacitive sensor to the user.
However, Oikonomou teaches wherein the processor is further configured to: determine a location of (i) the deposit of the material on the capacitive sensor (Oikonomou teaches detecting deposit on an electrode, therefore the location of the measurement will be associated with the electrode) or (ii) the erosion of the capacitive sensor based on the sensor error.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Oikonomou to detect electrode deposition, with the device of Calciolari in view of Morel-Fatio further in view of Potyrailo in order to allow for real-time detection of deposits on the meter body, so that cleaning and, if needed, calibration or adjustments in the measurements may be performed at an early stage before any effect on the quality of the measurements (Oikonomou [0004]).
Claim 9: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the system of claim 8, but fails to teach wherein the processor is further configured to: determine a water fraction of the fluid based on the permittivity of the fluid.
However, Oikonomou teaches using the detected permittivity to determine water fraction ([0040-0046]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to determine water fraction based on permittivity, as taught by Oikonomou, with the device of claim 8, in order to be able to measure the flow capacitance C.sub.m with sufficient accuracy in presence of the conductive leakage current, and as a result, d) allow accurate flow fraction calculations, without degradation of performance when the deposit volume fraction is small enough compared to the volume of the sensor. (Oikonomou [0035]).
Claim 20: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the method of claim 19. Calciolari teaches wherein the fluid property is a permittivity of the fluid([0068] permittivity measurement circuit 8). Calciolari in view of Morel-Fatio further in view of Potyrailo fails to teach determining a water fraction of the fluid based on the permittivity of the fluid.
However, Oikonomou teaches using the detected permittivity to determine water fraction ([0040-0046]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to determine water fraction based on permittivity, as taught by Oikonomou, with the device of claim 8, in order to be able to measure the flow capacitance C.sub.m with sufficient accuracy in presence of the conductive leakage current, and as a result, d) allow accurate flow fraction calculations, without degradation of performance when the deposit volume fraction is small enough compared to the volume of the sensor. (Oikonomou [0035]).
Claim 26: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the method of claim 19, but fails to teach wherein the sensor error is associated with at least one of a deposit of a material on the capacitive sensor or an erosion of the capacitive sensor due to the fluid.
However, Oikonomou teaches detection of electrode errors wherein the error can be caused by deposits on the electrode [0003, 0028, 0061].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to detect an error, as taught by Calciolari in view of Morel-Fatio further in view of Potyrailo, including an error caused by deposits on the electrode as taught by Oikonomou in order to allow for real-time detection of deposits on the meter body, so that cleaning and, if needed, calibration or adjustments in the measurements may be performed at an early stage before any effect on the quality of the measurements (Oikonomou [0004]).
Claim 27: Calciolari in view of Morel-Fatio further in view of Potyrailo further in view of Oikonomou teaches the method of claim 26. Potyrailo teaches a display 26 used to output sensor data to an operator (col. 7, line 41- col. 8, line 18). Calciolari in view of Morel-Fatio further in view of Potyrailo fails to teach determining a location of the at least one of the deposit of the material on the capacitive sensor or the erosion of the capacitive sensor based on the sensor error; and operating the display device to provide a location interface corresponding to the location of the at least one of the deposit of the material or the location of the erosion of the capacitive sensor to the user.
However, Oikonomou teaches detection of electrode errors wherein the error can be caused by deposits on the electrode [0003, 0028, 0061].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to detect an error, as taught by Calciolari in view of Morel-Fatio further in view of Potyrailo, including an error caused by deposits on the electrode as taught by Oikonomou in order to allow for real-time detection of deposits on the meter body, so that cleaning and, if needed, calibration or adjustments in the measurements may be performed at an early stage before any effect on the quality of the measurements (Oikonomou [0004]).
Claim 29: Calciolari in view of Morel-Fatio further in view of Potyrailo teaches the method of claim 28. Calciolari teaches wherein the fluid property is a permittivity of the fluid ([0068] permittivity measurement circuit 8). Calciolari in view of Morel-Fatio further in view of Potyrailo fails to teach determining a water fraction of the fluid based on the permittivity of the fluid.
However, Oikonomou teaches using the detected permittivity to determine water fraction ([0040-0046]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to determine water fraction based on permittivity, as taught by Oikonomou, with the device of claim 8, in order to be able to measure the flow capacitance C.sub.m with sufficient accuracy in presence of the conductive leakage current, and as a result, d) allow accurate flow fraction calculations, without degradation of performance when the deposit volume fraction is small enough compared to the volume of the sensor. (Oikonomou [0035]).
Conclusion
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/JEAN F MORELLO/Examiner, Art Unit 2855 3/11/26
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855