OFFICE ACTION
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300.
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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. § 119, which papers have been placed of record in the file.
Information Disclosure Statement
Note the attached PTO-1449 forms submitted with the Information Disclosure Statement filed 26 JAN 2024.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The abstract is acceptable.
The title is acceptable.
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.
Claims 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 1127818 that discloses the subject matter of claims 15 and 16:
A load determination apparatus for a separation device for separation of impurities from a fluid to be cleaned, the load determination apparatus comprising: at least one transmitter configured to emit electromagnetic waves; at least one receiver configured to receive the electromagnetic waves emitted by the at least one transmitter; at least one evaluation device, wherein the at least one transmitter and the at least one receiver are connected to the at least one evaluation device; wherein the at least one transmitter and the at least one receiver are configured to be arranged opposite each other on opposite sides of at least one collecting region for impurities of at least one separation body of the separation device, wherein the at least one separation body at least in sections thereof is at least partially transmissive for the electromagnetic waves emitted by the at least one transmitter; wherein the at least one evaluation device is configured to determine an impurity load state of at least one part of the at least one collecting region for impurities based on the electromagnetic waves emitted by the at least one transmitter and received by the at least one receiver, and
a method for determining an impurity load state of at least one part of at least one collecting region for impurities of at least one separation body of at least one separation device for separation of impurities from a fluid to be cleaned, the method comprising: sending electromagnetic waves by at least one transmitter through the at least one part of the at least one collecting region for impurities; receiving the electromagnetic waves passing through the at least one part of the at least one collecting region for impurities by at least one receiver arranged at an opposite side of the at least one separation body opposite the at least one transmitter in relation to the at least one collecting region; and determining by at least one evaluation device an impurity load state of the at least one part of the at least one collecting region for impurities based on the electromagnetic waves received by the at least one receiver from:
DE 1127818 B that discloses, from the machine translation, an apparatus and method for measuring the filling level of centrifuge drum rotor whereby in centrifuge drum rotors, it is necessary to determine the filling level in order to determine the opening and closing times of the metering device for the product being centrifuged. The method according to the invention is based on measuring the layer thickness of the centrifuged material by means of wave jets. Various wave ranges can be used as wave rays, e.g. electromagnetic waves, sound and also types of radiation, such as those from isotopes. The existing methods for measuring the layer height of the centrifuged material use, on the one hand, mechanical measuring devices in which the layer height is scanned by sensor wheels, sliding pieces or the like, and on the other hand, devices that are based on an electrical measuring method. The desired fill level in the drum can be determined by measuring the speed drop of the centrifuge's drive motor or by the changing torque of the centrifuge drum during the filling process. In another known method, a light beam is used to measure the fill level in the centrifugal drum, which enters it through a window provided in the drum wall. This beam of light triggers electrical devices that control the metering device for the material being spun. The aforementioned methods have the following disadvantages: Determining the degree of filling by measuring the drop in rotational speed or the change in torque is not only disrupted by mechanical influences such as bearing friction and oscillation of the centrifugal drum, but also by the fact that some of the liquid is spun off during the filling process. Depending on the nature of the filling material, this centrifugation varies greatly in terms of both time and rotational speed, so that depending on the operating conditions, more or less significant inaccuracies must be expected. When measuring the degree of filling using sensor wheels, sliding pieces or the like, the sensor elements are subject to the influences of the movement processes in the centrifugal drum and the disadvantages resulting from direct contact with the filling mass, such as soiling and encrustation. However, when measuring the degree of filling using a light beam, one can only speak of a boundary determination, i.e., the filling or... layer height is determined at the moment of the final state. There is therefore a significant difference between the two measuring methods - the one using a light beam and the one according to the invention.
While according to this invention the radiation is directly achieved by progressively scanning the layer heights, i.e. also during the filling increase, according to the known method the light beam is not directly involved in the measurement of the layer thicknesses, but only secondarily in the final state as a result of the window being covered by the filling material. The light beam therefore has no measuring function, but only the task of reporting the final state of a defined layer height. However, all the methods described above are not suitable for centrifuges with small layer heights of only a few millimeters. On the one hand, these centrifuges require high accuracy in measurement, and on the other hand, progressive measurement in order to be able to correct ongoing operating fluctuations using control technology. However, these requirements can only be met using the method according to the invention through progressive or continuous layer height measurement, the metering device, controlled by regulators, is actuated according to the approach to the target value. As a result of the control of the dead times of the control loop, over-regulation is avoided, and the filling process is thus completed exactly with the setpoint. However, the regulation itself or the control engineering of the metering device is not the object of the invention, since this can be assumed to be known.
The method designed according to the invention is characterized in that the degree of filling is measured by pure radiation or radiation pulses, which are known per se and penetrate the material being spun or strike it at an angle, wherein either the loss of intensity or the radiation deflection is a measure of the degree of filling. This provides the following measurement setups and possibilities: Progressive scanning of the surface of the filling material. This can be achieved either through pure radiation or through radiation pulses, either reflectively, either through radiation penetrating the material, where the intensity loss is in a certain ratio to the layer thickness of the material, or through radiation deflection, as is already used in material testing.
To carry out the measurement procedure, a radiation transmitter or pulse generator is arranged so that the direction of radiation is perpendicular to the surface of the layer to be measured or at a specific or yet to be determined angle to the layer. A perpendicular radiation direction will be used where the intensity loss serves as the measured quantity. The arrangement of the measuring devices can be chosen so that only the layer thickness of one wall side of the centrifugal drum is irradiated between transmitter and receiver, see Fig. 1 of the drawing.
Likewise, as Fig. 2 shows, both transmitter and receiver can be arranged outside the centrifugal drum, so that the layer thicknesses of both wall thicknesses of the drum are penetrated via the electromagnetic waves from the transmitter or generator through the transmissive drum rotor to be received by said receiver.
If isotopes serve as radiation sources, they can also be embedded in the wall of the centrifugal drum as shown in Fig. 3.
Examples of measurement setups using reflected radiation are shown in Figs. 4, 5 and 6. The measurements can also be taken at different heights of the centrifugal drum in order to capture the different filling profile.
An exact measurement of the filling or determining the layer height simultaneously requires a viscosity measurement of the filling material, which can also be carried out using the method according to the invention. From a control engineering perspective, it is easily possible to continuously measure the consistency of the incoming filling fluid and use it as a controlled variable. To include the correction value in the control process for actuating the metering device. This integration is usually achieved by continuously correcting the setpoint setting of the main controller/evaluation device.
PATENT CLAIM: Method for measuring the filling level of centrifuge drums, characterized in that the filling level is measured by pure radiation or radiation pulses known per se, penetrating the material being centrifuged or striking it at an angle, wherein either the loss of intensity or the radiation deflection is a measure of the filling level.
Thus, the at least one transmitter is arranged radially outside of the separation wall in relation to the rotor axis and/or the at least one receiver is arranged radially outside of the separation wall in relation to the rotor axis as seen in Figure 2.
The electromagnetic waves emitted by the at least one transmitter are directional through the transmissive rotor as seen in Figure 2.
At least part of the electromagnetic waves emitted by the at least one transmitter are permanent signals and/or at least part of the electromagnetic waves emitted by the at least one transmitter are pulsed signals from the translation (bolded wording).
A not shown housing, wherein the at least one transmitter and/or the at least one receiver is arranged/supported at a housing inner side of the housing as determined from Figure 2.
Claim Rejections - 35 USC § 103
The terms used in this respect are given their broadest reasonable interpretation in their ordinary usage in context as they would be understood by one of ordinary skill in the art, in light of the written description in the specification, including the drawings, without reading into the claim any disclosed limitation or particular embodiment. See, e.g., In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004); In re Hyatt, 211 F.3d 1367, 1372 (Fed. Cir. 2000); In re Morris, 127 F.3d 1048, 1054-55 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321-22 (Fed. Cir. 1989). The Examiner interprets claims as broadly as reasonable in view of the specification, but does not read limitations from the specification into a claim. Elekta Instr. S.A.v.O.U.R. Sci. Int'l, Inc., 214 F.3d 1302, 1307 (Fed. Cir. 2000).
To determine whether subject matter would have been obvious, "the scope and content of the prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in the pertinent art resolved .... Such secondary considerations as commercial success, long felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to be patented." Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17-18 (1966).
The Supreme Court has noted:
Often, it will be necessary for a court to look to interrelated teachings of multiple patents; the effects of demands known to the design community or present in the marketplace; and the background knowledge possessed by a person having ordinary skill in the art, all in order to determine whether there was an apparent reason to combine the known elements in the fashion claimed by the patent at issue.
KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1740-41 (2007). "Under the correct analysis, any need or problem known in the field of endeavor at the time of invention and addressed by the patent can provide a reason for combining the elements in the manner claimed." (Id. at 1742).
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 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.
If this application names joint inventors, in considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The instant office action conforms to the policies articulated in the Federal Register notice titled “Updated Guidance for Making a Proper Determination of Obviousness” at 89 Fed. Reg. 14449, February 27, 2024, wherein the Supreme Court’s directive to employ a flexible approach to understanding the scope of prior art is reflected in the frequently quoted sentence, ‘‘A person of ordinary skill is also a person of ordinary creativity, not an automaton.’’ Id. at 421, 127 S. Ct. at 1742. In this section of the KSR decision, the Supreme Court instructed the Federal Circuit that persons having ordinary skill in the art (PHOSITAs) also have common sense, which may be used to glean suggestions from the prior art that go beyond the primary purpose for which that prior art was produced. Id. at 421–22, 127 S. Ct. at 1742. Thus, the Supreme Court taught that a proper understanding of the prior art extends to all that the art reasonably suggests, and is not limited to its articulated teachings regarding how to solve the particular technological problem with which the art was primarily concerned. Id. at 418, 127 S. Ct. at 1741 (‘‘As our precedents make clear, however, the analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.’’). ‘‘The obviousness analysis cannot be confined . . . by overemphasis on the importance of published articles and the explicit content of issued patents.’’ Id. at 419, 127 S. Ct. at 1741. Federal Circuit case law since KSR follows the mandate of the Supreme Court to understand the prior art— including combinations of the prior art—in a flexible manner that credits the common sense and common knowledge of a PHOSITA. The Federal Circuit has made it clear that a narrow or rigid reading of prior art that does not recognize reasonable inferences that a PHOSITA would have drawn is inappropriate. An argument that the prior art lacks a specific teaching will not be sufficient to overcome an obviousness rejection when the allegedly missing teaching would have been understood by a PHOSITA—by way of common sense, common knowledge generally, or common knowledge in the relevant art. For example, in Randall Mfg. v. Rea, 733 F.3d 1355 (Fed. Cir. 2013), the Federal Circuit vacated a determination of nonobviousness by the Patent Trial and Appeal Board (PTAB or Board) because it had not properly considered a PHOSITA’s perspective on the prior art. Id. at 1364. The Randall court recalled KSR’s criticism of an overly rigid approach to obviousness that has ‘‘little recourse to the knowledge, creativity, and common sense that an ordinarily skilled artisan would have brought to bear when considering combinations or modifications.’’ Id. at 1362, citing KSR, 550 U.S. at 415–22, 127 S. Ct. at 1727. In reaching its decision to vacate, the Federal Circuit stated that by ignoring evidence showing ‘‘the knowledge and perspective of one of ordinary skill in the art, the Board failed to account for critical background information that could easily explain why an ordinarily skilled artisan would have been motivated to combine or modify the cited references to arrive at the claimed inventions.’’ Id.
From Norgren Inc. v. Int’l Trade Comm’n, 699 F.3d 1317, 1322 (Fed. Cir. 2012) (‘‘A flexible teaching, suggestion, or motivation test can be useful to prevent hindsight when determining whether a combination of elements known in the art would have been obvious.’’); Outdry Techs. Corp. v. Geox S.p.A., 859 F.3d 1364, 1370–71 (Fed. Cir. 2017) (‘‘Any motivation to combine references, whether articulated in the references themselves or supported by evidence of the knowledge of a skilled artisan, is sufficient to combine those references to arrive at the claimed process.’’). In keeping with this flexible approach to providing a rationale for obviousness, the Federal Circuit has echoed KSR in identifying numerous possible sources that may, either implicitly or explicitly, provide reasons to combine or modify the prior art to determine that a claimed invention would have been obvious. These include ‘‘market forces; design incentives; the ‘interrelated teachings of multiple patents’; ‘any need or problem known in the field of endeavor at the time of invention and addressed by the patent’; and the background knowledge, creativity, and common sense of the person of ordinary skill.’’ Plantronics, Inc. v. Aliph, Inc., 724 F.3d 1343, 1354 (Fed. Cir. 2013), quoting KSR, 550 U.S. at 418–21, 127 S. Ct. at 1741–42.
The Federal Circuit has also clarified that a proposed reason to combine the teachings of prior art disclosures may be proper, even when the problem addressed by the combination might have been more advantageously addressed in another way. PAR Pharm., Inc. v. TWI Pharms., Inc., 773 F.3d 1186, 1197–98 (Fed. Cir. 2014) (‘‘Our precedent, however, does not require that the motivation be the best option, only that it be a suitable option from which the prior art did not teach away.’’) (emphasis in original). One aspect of the flexible approach to explaining a reason to modify the prior art is demonstrated in the Federal Circuit’s decision in Intel Corp. v. Qualcomm Inc., 21 F.4th 784, 796 (Fed. Cir. 2021), which confirms that a proposed reason is not insufficient simply because it has broad applicability. Patent challenger Intel had argued in an inter partes review before the Board that some of Qualcomm’s claims were unpatentable because a PHOSITA would have been able to modify the prior art, with a reasonable expectation of success, for the purpose of increasing energy efficiency. Id. at 796–97. The Federal Circuit explained that ‘‘[s]uch a rationale is not inherently suspect merely because it’s generic in the sense of having broad applicability or appeal.’’ Id. The Federal Circuit further pointed out its pre-KSR holding ‘‘that because such improvements are ‘technology independent,’ ‘universal,’ and ‘even common-sensical,’ ‘there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves.’ ’’ Id., quoting DyStar Textilfarben GmbH v. C.H. Patrick Co., 464 F.3d 1356, 1368 (Fed. Cir. 2006) (emphasis added by the Federal Circuit in Intel). When formulating an obviousness rejection, the PTO may use any clearly articulated line of reasoning that would have allowed a PHOSITA to draw the conclusion that a claimed invention would have been obvious in view of the facts. MPEP 2143, subsection I, and MPEP 2144. Acknowledging that, in view of KSR, there are ‘‘many potential rationales that could make a modification or combination of prior art references obvious to a skilled artisan,’’ the Federal Circuit has also pointed to MPEP 2143, which provides several examples of rationales gleaned from KSR. Unwired Planet, 841 F.3d at 1003.
When considering the prior art in its entirety, note Allied Erecting v. Genesis Attachments, 825 F.3d 1373, 1381, 119 USPQ2d 1132, 1138 (Fed. Cir. 2016) ("Although modification of the movable blades may impede the quick change functionality disclosed by Caterpillar, ‘[a] given course of action often has simultaneous advantages and disadvantages, and this does not necessarily obviate motivation to combine.’" (quoting Medichem, S.A. v. Rolabo, S.L., 437 F.3d 1157, 1165, 77 USPQ2d 1865, 1870 (Fed Cir. 2006) (citation omitted))). However, "the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed…." In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Claims 1-4 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over GB1507742 in view of DE 1127818.
GB 1507742 discloses a separation device (see the figure) for separating impurities (page 1, line 12) from fluid to be purified, comprising at least one separating body or rotor (2) having at least one collection region (3) on a separation wall in which impurities (11) can collect; a rotor spindle (between 2 and 3 in the sole Figure) for rotatably supporting the rotor 2; at least one load determination device (4-10) by wherein an impurity load state of at least a part of at least one collection region ( 11) can be ascertained, wherein the at least one load determination device (4-10) comprises at least one transmitter ( 4) for electromagnetic field, and at least one receiver (6) for vibrations emitted from the separating body, the at least one transmitter (4) and the at least one receiver (6) being arranged on opposite sides of at least one collection region (3) for separated impurities (11) of the at least one separating body/rotor (2), the known frequency or amplitude of the natural vibration of the separating body/rotor being compared, in a comparator 7, with the frequency or amplitude of the vibrations of the separating body/rotor detected by the receiver 6, and the thickness of the impurity load or accumulated cake being determined from this difference.
More specifically, GB ‘742 discloses centrifugal separators or filters, that is to say, devices for extracting solid matter from oil or other fluids or for separating two largely immiscible liquids of different densities for example, water from fuel oil. Such separators or filters comprise a stationary housing and a rotor unit including a rotatable drum into which the slurry or mixture of fluids is fed so that while the fluid is in the drum it is subject to centrifugal force caused by the rotation of the drum. In the case of a slurry, the solid matter in the fluid is thus caused to move towards the circumferential wall of the drum and is retained there. The drum may be provided with one or more outlet nozzles for the ejection of fluid from the interior of the drum. These may be radially spaced from the axis of rotation of the drum and arranged to eject the fluid tangentially so that, the drum is caused to rotate by the reaction of the fluid issuing from the nozzles.
In the case of the filtration of solids, the rum will eventually fill up and require emptying before being able to continue the separation process. It is particularly disadvantageous with a filter of the kind described since the separators or filters have to be stopped and the rotor dismantled so that the condition of the filtrate on the inside of the rotor can be examined. This therefore requires regular manual inspection for a filter or separator when used with industrial plant or an engine.
According to the invention, a device for sensing the buildup of filtrate in a centrifugal filter comprises à vibrator arranged to cause the rotor to vibrate and a detector of the vibrations of the rotor, and a filtrate build up indicator responsive to the detector output. Preferably the rotor is fabricated from steel. The vibrator may be a magnetic device which does not drive the rotor by contact, but causes the rotor to vibrate at its natural frequency. Similarly, the detector may be magnetic and will sense vibrations at a different frequency due to the buildup of filtrate on the inside walls of the rotor. The detector may be arranged so that in response to the change in resonant frequency, its output is modified either in frequency, amplitude or phase. These changes in amplitude or frequency or phase can, with suitable electronic circuitry, provide an indication of the conditions within the rotor.
If the rotor is manufactured from aluminum or an aluminum alloy or some other
non-ferromagnetic material the rotor may conveniently incorporate a ferromagnetic material which may be a nickel-iron alloy.
The single figure is a vertical section through a centrifugal filter showing, diagrammatically, exciting and sensing means attached thereto. Referring to the drawing, a filter comprises a housing 1, in which is mounted a rotor 2, and a means for determining the amount of filtrate on the rotor. During operation solid deposits are removed from oil, due to the centrifugal force derived from the rotation of the rotor 2. These deposits are thrown towards the inner surface 3 of the rotor wall where they adhere, thus lining the wall with an ever-increasing coating of filtrate 11. A means for determining the amount of filtrate on the rotor comprises a drive coil 4 and a pickup coil 6. The drive coil 4 is energized from an AC supply 5 and is mounted in the housing with its active end in close proximity with the outer surface of the rotor wall 2. This coil causes the rotor casing to resonate at its natural frequency. The supply 5 comprises an oscillator which may be set to the predetermined resonance frequency of the rotor without any filtrate buildup 11, or may have a pick-up coil coupled to the rotor to reset its frequency to maintain it at resonance as filtrate builds up.
In the first case vibration of the rotor casing is sensed by the pickup coil 6, and a corresponding signal is emitted via an amplifier 8 to a signal conditioning unit 7 which compares the frequency picked up with that of the supply 5, or compares the amplitude picked up with a set value achieved with the empty rotor. As the fill rate builds up in thickness, so the natural resonance of the rotor changes, and with it, the frequency or amplitude of the output. The output is monitored by a shift indicator 9 before energizing a convenient visual indicator 10, when the change exceeds an amount predetermined to be that corresponding to excessive filtrate build up. If the supply 5 is automatically maintained at resonance frequency a frequency meter can give the desired indication. Thus, the change in the resonant frequency from the driven frequency can be related to the buildup of filtrate.
GB ‘742 does not disclose a transmitter for electromagnetic waves and
at least one receiver for electromagnetic waves emitted from the at least one transmitter; the at least one separating body being at least partially transmissive at least in sections for the electromagnetic waves transmitted by the at least one transmitter, and the at least one transmitter and the at least one receiver being connected to at least one evaluation device whereby the impurity load state of the at least one collection region can be ascertained from the electromagnetic waves received by the at least one receiver.
DE 1127818 discloses such a transmitter and receiver in a centrifuge rotor environment for determining the impurity load state within the centrifuge rotor that employs electromagnetic waves as outlined above. Accordingly, it would have been obvious to one skilled in the art before the effective filing date of the invention to have substituted the vibration-based load determination device of GB ‘742 with the electromagnetic based load determination device of DE ‘818 along any desired horizontal section of the transmissive rotor in GB ‘742 for the purposes of employing more reliable load determination sensing based upon electromagnetic waves that can transmit through the rotor body as opposed to less accurate and unreliable vibration determinations.
Furthermore, the prior art to GB ‘742 merely differs from the claimed device by the substitution of an electromagnetic based impurity load state determination device for the vibration based impurity load state determination device; the substituted devices and their functions were well-known in the art as evidenced by GB ‘742 and DE ‘818; one of ordinary skill in the art could have readily substituted one known impurity load state determination device chosen from a finite list of impurity load state determination devices for another; and the results of the substitution would have been wholly predictable and obvious since the substitution of one known impurity load state determination device from the finite list of impurity load state determination device for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention, i.e., the predictable result of enabling sensing and determination of the magnitude of impurity load state within a centrifuge rotor via an accurate and reliable electromagnetic based transmitter and receiver disclosed by DE ‘818 that is selected from said finite list (see KSR, supra).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over GB1507742 in view of DE 1127818 as applied to claim 1 above and further in view of MÜHLEBACH (US 2022/0111402 A1).
GB 1507742 in view of DE 1127818 does not disclose the use of radio waves. MUHLEBACH discloses an analogous centrifuge in FIG. 2 shows a first embodiment of a centrifuge device according to the invention. In FIG. 2, a typical structure for use in connection with the method according to the invention is represented. The structure shown in FIG. 2 comprises a centrifuge drum 10 rotatably arranged around the axis of rotation X in a batch centrifuge. Of course, the method according to the invention can be carried out in any type of centrifuge, in particular also in continuously operating centrifuges. For this purpose, the integrable device according to the invention must simply be mounted on the corresponding centrifuge.
The centrifuge drum 10 is arranged around the axis of rotation X in such a way that the centrifuge drum 10 can be rotated at a controllable rotational speed. As the centrifuge drum 10 rotates, the filling material 2 is pressed against the vertical sidewall 11 of the centrifuge drum 10. Since liquids can escape (possibly also enter) through the pinholes in the vertical side wall 11 during rotation of the centrifuge drum 10, the filling material 2 can be separated into a solid and a liquid phase. The liquid escaping (or entering) from the centrifuge drum 10 is collected in the outer casing 13 and is guided to the outlet channel 12 where the liquid can be discharged from the centrifuge device. The solid phase can leave the centrifuge drum 10 via an outlet 16 in the bottom of the centrifuge drum 10.
In the operating state of the centrifuge device, inter alia, the color and intensity of the filling material as well as its change, which leaves the centrifuge, can be monitored by the light detector 1 with a light source. It is indicated by the double arrow that light is cast from the light source onto the filling material in a step A. This light is reflected by the filling material in a step B and detected by the light detector B. In this way, a detection signal is generated from the detected reflected light, which can be used to check the centrifuge device after the plausibility check. For the plausibility check, the detection signals are transmitted from the light detector via an inlet 101 to the software module. Here, the detection signals can be transmitted via the inlet 101 with a cable or wirelessly.
In the present example, the light source is integrated into light detector 1. In principle, the light source can also be arranged on the light detector 1 or can be arranged separately from the light detector 1. The only important thing is that the light can be directed from the filling material to the light detector.
During the rotation of the centrifuge drum, the filling material 2 forms an inner surface 14 on which the light reaches from the light source. On the one hand, exactly this surface can be used for the detection of the intensity, as well as for the detection of the color of the color edge. In the operating state, it is ensured by an edge 15 that the filling material is held inside the centrifuge drum. The light of the light source must hit (or illuminate) at least a part of the surface 14. The centrifuge device further comprises a supply 17 via which the filling material 2 can be supplied along the arrow C into the centrifuge drum 10.
The light source of the integrated device can be, inter alia, a broadband light source such as a halogen lamp, which typically emits light in the wavelength range of 400-700 nm. As mentioned before, the light source can also be a Xenon flash lamp and/or a light emitting diode. As described above, other types of light sources can also be used for applications in the “non-visible area”. In principle, the light detector 1 can also be a light detector arrangement 1, which comprises a large number of light detectors 1 and/or light sources. In a plurality of light detectors 1, each light detector 1 can be adapted to detect a predetermined wavelength or a predetermined wavelength range.
The reflected light from the surface 14 of the filling material 2 can also be used to determine the distance to the filling material 2 and thus the thickness of the filling material. This is the distance between the surfaces 11 and 14. If the distance to the filling material 2 varies over time, this can also be determined. An example of this can be when the filling material swirls around in the centrifuge drum. A filling material 2 swirling inside the centrifuge drum 10 can lead to unbalance and cause the centrifuge device to lose its equilibrium. Since the weight of the filling material 2 and the rotating centrifuge drum 10 can amount to several tons depending on the application, such an unbalance should be avoided. By detecting the thickness of the filling material 2 and its change, such an imbalance can be detected at an early stage.
The thickness of the filling material is determined by the distance from the light detector 1 and the light source to the surface 14 of the filling material 10.
The light detector 1 with light source can be arranged either inside or outside the centrifuge drum 210 to monitor detection signals at a predeterminable point of the surface of the filling material inside the centrifuge drum 210. In FIG. 3, the light detector 1 is positioned outside the centrifuge drum 210. Similar to the arrangement in FIG. 2, both light is emitted (arrow A) and the reflected light is detected (arrow B). By monitoring the color of the color edge between the centrifuge drum 210 and the filling material and the intensity of the surface of the filling material at a predeterminable part of the surface of the filling material (or the centrifuge drum), the separation of the filling material can be monitored and checked by checking the operating parameters by the control signals generated from the detection signals, which are checked for plausibility.
FIG. 4 shows a third embodiment of a centrifuge device according to the invention. The structure of the centrifuge device shown in FIG. 4 is largely analogous to the structure of the centrifuge device in FIG. 2. The centrifuge device thus comprises a centrifuge drum 10 with a vertical sidewall 11. The filling material 2 is separated into a liquid phase and a solid phase by rotation of the centrifuge drum 10 about the axis of rotation X. Here, the liquid phase is separated via the sidewalls 11 into the outer casing 13 and is discharged through the outlet channel 12. The centrifuge device according to FIG. 4 differs from the centrifuge device in FIG. 2 in that the light detector 1 with the light source is arranged on a display window 11 outside the centrifuge device and the detection of the filling material parameters is achieved through this display window 111.
FIG. 5 shows a fourth embodiment of a centrifuge device according to the invention, in particular for edge detection for a light detector evaluation. The structure of the centrifuge device shown in FIG. 5 is largely analogous to the structure of the centrifuge device in FIG. 2 and FIG. 4. The centrifuge device shown thus comprises a centrifuge drum 10 with a vertical sidewall 11. The filling material 2 is separated into a liquid phase and a solid phase by rotation of the centrifuge drum 10 about the axis of rotation X. Here, the liquid phase is separated via the sidewalls 11 into the outer casing 13 and is discharged through the outlet channel 12. The centrifuge device according to FIG. 5 differs from the centrifuge device in FIG. 4 in that the light detector 1 detects an edge K between the centrifuge drum 10 and the surface of the filling material 2. Here, the level (i.e. also the filling level) of liquids and solids can be measured. The light detector 1 detects along the edge K between the centrifuge drum 10 and the surface of the filling material 2 (e.g. along a definable line), which searches for transitions in intensity, in particular for transitions of a gray scale intensity and detects these. In principle, the greater the contrast difference in the gray scale transitions, the better the edge K of the filling level can be detected. If a liquid supernatant occurs in the operating state of the centrifuge device, an intensity transition (intensity edge) forms between the filling material 2 and the centrifuge drum 10, and possibly also in the middle of the filling material 2. This intensity edge can be detected along the K edge.
However, the intensity can also preferably be measured (in the middle) on the cake, i.e. the product cake. As described above, the intensity determination of the solid cake/product is also suitable for determining the dryness and/or the degree of purity of the product. The edge measurement (between filling material and centrifugal drum) is preferably used to determine the filling level. In an embodiment of the invention, how the edge measurement is applied, however, depends on whether the edge is a liquid or solid edge.
Alternatively, or in addition to the plausibility options described above, the light detector can be connected to the software module at least by a first and a second inlet. For plausibility check of the detection signal by the light detector by the software module, a third detection signal is used by carrying out a cross-comparison between a first input of the first inlet and a second input of the second inlet of the third detection signal. This means that the first and the second input of the same third detection signal are compared, which is forwarded to the software module via two different paths (inlets). Using such a plausibility check, for example, it can be prevented that incorrectly transmitted detection signals are used to control the centrifuge device. The first input of the first inlet and the second input of the second inlet are therefore to be understood as the detection signals transmitted to the software module. The first and the second inlet then represent the transmission path. The first and/or the second inlet can be a connection with cable (electrical conductor or optical waveguide) or a wireless connection (transmission takes place by directional or non-directional electromagnetic waves, usually radio frequency range). A wireless connection is to be understood, inter alia, as Wlan, Bluetooth and NFC.
It would have been obvious to one skilled in the art before the effective filing date of the invention to have utilized electromagnetic waves in the form of radio waves of any desired frequencies as suggested by MÜHLBACH in the apparatus and method of GB1507742 in view of DE 1127818 for the purpose of using readily available, simple, inexpensive and reliably operating transmitters and receivers that operate in the radio wave spectrum and for:
Using radio waves for sensors offers several key benefits that make them valuable in a wide range of applications.
1. Non-contact operation
RF sensors can detect and measure without physical contact, making them ideal for hazardous, inaccessible, or contamination-sensitive environments.
2. All-weather and all-condition reliability
Unlike optical sensors, radar-based RF sensors work effectively in darkness, fog, rain, and extreme temperatures, maintaining accuracy in challenging conditions.
3. Penetration capability
Depending on the frequency, RF waves can penetrate walls, liquids, and other materials, enabling measurements through barriers that would block other sensor types.
4. Remote monitoring and control
RF sensors can operate over distances without wired connections, allowing for wireless data transmission and remote system control.
5. Versatility in measurement
They can measure distance, speed, motion, level, and even temperature or pressure, depending on the sensor design.
6. Cost-effectiveness and ease of installation
RF-based systems are often more cost-effective than wired alternatives, especially in large or hard-to-access areas, and are generally easier to install.
7. High precision and robustness
Radar sensors provide accurate distance, velocity, and direction data, and are durable enough for industrial, automotive, and defense applications.
8. Scalability and integration
RF sensors can be deployed in large-scale networks for area monitoring, traffic control, or industrial automation, and integrate well with existing wireless communication systems.
In summary, radio wave-based sensors are advantageous because they are non-invasive, reliable in harsh conditions, versatile, and easy to deploy, making them suitable for applications from automotive safety to industrial process control.
From: https://www.bing.com/search?q=what%20are%20the%20advanatges%20of%20using%20radio%20waves%20for%20sensors&qs=n&form=QBRE&sp=-1&ghc=1&lq=0&pq=what%20are%20the%20advanatges%20of%20using%20radio%20waves%20for%20sensors&sc=12-56&sk=&cvid=A78C99FBC50A4391B7B01335939F3984
Moreover, 3000 GHz (3 THz) is the upper limit of the radio spectrum as defined by the International Telecommunication Union (ITU). The radio spectrum covers frequencies from 3 Hz up to 3000 GHz, and electromagnetic waves in this range are called radio waves.
Why 3000 GHz is the boundary:
The ITU defines radio waves as electromagnetic waves with frequencies arbitrarily lower than 3000 GHz that propagate in space without an artificial guide.
At 3000 GHz, the waves begin to overlap with the infrared region of the electromagnetic spectrum, which is higher in frequency and energy. In some scientific contexts, this terahertz range is considered part of the far-infrared or mid-infrared bands.
In telecommunications, the Extremely High Frequency (EHF) band (30 GHz–300 GHz) is still part of the radio spectrum, but at 3000 GHz, the classification shifts into infrared territory.
Practical implications:
Below 3000 GHz: Still considered radio waves, used for applications like satellite communication, radar, 5G, and radio astronomy.
At 3000 GHz: Technically the edge of the radio spectrum; beyond that, the waves are infrared, not radio waves.
In short: 3000 GHz is the highest frequency still classified as a radio wave by the ITU, but it is the boundary where the spectrum transitions into infrared radiation
From: https://www.bing.com/search?q=is%203000%20Ghz%20a%20radio%20wave&qs=n&form=QBRE&sp=-1&ghc=1&lq=0&pq=is%203000%20ghz%20a%20radio%20wave&sc=12-24&sk=&cvid=0C3A3345E6C9453FB0E6D6B91B9D5143
Claims 5-6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over GB 1507742 in view of DE 1127818 as applied to claims 1 and 2 above and further in view of FISCHER et al. (US 2003/0078152 A1).
GB 1507742 in view of DE 1127818 do not disclose the rotary speed device or microcontroller. FISCHER et al. discloses a centrifuge comprising a housing; a rotor rotatably supported in said housing, said rotor having at least one drive nozzle through which a liquid to be centrifuged is discharged to drive the rotor about an axis of rotation, and being axially fixed in at least one direction; and a speed sensor for determining the rotational speed of said rotor.
The method of the invention is suitable for monitoring a system, which at a minimum comprises a free jet centrifuge and a liquid to be centrifuged. The system may also comprise additional components. For instance, the combination of a centrifuge and a liquid filter may also be considered a system, in which case the centrifuge is provided in a bypass flow in order to separate very fine suspended particles. Such applications arise, for instance, in the automotive field for cleaning the lubricating oil of an internal combustion engine.
The method is characterized in that monitoring is possible independent of an axial force that acts on the rotor of the centrifuge along its axis of rotation. This has the advantage that monitoring is independent of the interplay between the components producing the axial force. Any malfunction can thus be determined even without considering the mechanical properties of the centrifuge, such as bearing wear or nozzle wear, and the pressure curve of the liquid to be centrifuged.
The monitoring signal can be forwarded to appropriate output devices, which display the malfunction. In the automotive field, this may comprise, for instance, control lamps on the vehicle dashboard. It is also feasible, however, to evaluate the measuring signals using the engine electronics.
It is also possible to monitor the state of the centrifuge by using a rotational speed sensor, which may, in particular, be constructed as an optoelectronic sensor. An alternative embodiment of the sensor would be, for instance, a tacho-generator. A speed sensor is used to determine the speed of the rotor. This measurement signal can be evaluated as such in order, for example, to monitor whether the centrifuge reaches its nominal speed. Additional information can be obtained by using additional parameters.
For example, a time measurement can be used to determine the acceleration behavior of the centrifuge. Through the acceleration behavior, the build-up of the filter cake in the rotor can be monitored indirectly, since the increasing inertia of the rotor resulting from accumulated sediment causes an increase in the acceleration time.
If the rotor weight is determined in parallel by some other means, a comparison of the acceleration time and the rotor weight provides additional information regarding any malfunctioning of the centrifuge. For instance, an increase in bearing friction or clogging of the nozzles could be detected because the acceleration time would increase without an increase in weight of the rotor. The pressure of the liquid to be centrifuged can also be evaluated to increase the reliability of the monitoring.
In addition to the acceleration behavior, the time required by the centrifuge to switch between certain characteristic operating states can also be determined. This requires additional sensors that indicate the attainment of or departure from these characteristic operating states. If the free jet centrifuge is used in an internal combustion engine, it is possible, for instance, to use signals regarding the loading condition of the engine, its oil requirement, or the delivery rate of the oil pump in the lubricating oil system.
It is possible to generate a continuous measuring signal, since this signal does not depend on the axial component produced by the oblique position of the nozzles but must merely take this axial component into account if it occurs. The signal is also continuous with respect to the measured value. Thus, the build-up of the filter cake, for instance, can be monitored, making it possible to draw conclusions e.g., about oil change intervals.
Alternatively, a speed sensor may be mounted on the free jet centrifuge for monitoring purposes. This speed sensor is integrated in the housing at a suitable location. A tacho-generator, for example, would have to be provided on one of the bearings of the rotor to fix it within the housing on the one hand and to connect it with the rotating rotor on the other hand. The measuring signal of the speed sensor can be processed as described above.
FIG. 1 schematically depicts a free jet centrifuge, as it is used, for instance, for cleaning the lubricating oil of an internal combustion engine. Arrows indicate the flow direction of the liquid oil. The free jet centrifuge 10 has a housing 11, which is equipped with an inlet 12 and an outlet 13. The centrifuge housing does not have to be designed as a free-standing unit. The rotor of the free jet centrifuge can just as well be built into other structures of the internal combustion engine, e.g., the oil pan. A rotor 14 of the centrifuge is supported in a sleeve bearing 16 by a center tube 15. This center tube simultaneously acts as the rotor inlet 17 through which the oil reaches the rotor. Drive nozzles 18 serve as the rotor outlet for the oil. The discharge of oil through the drive nozzles 18 causes the rotor 14 to spin about its axis.
On the exterior of the rotor, a bearing support 19 for a ball bearing 20 is provided. This ball bearing is fixed to the rotor with its outer race. The inner race of ball bearing 20 is provided with a transition piece 21, which is connected with a piezoelectric sensor 22. This sensor is supported in housing 11. The sensor can thereby detect the axial force produced by the rotor and sends the corresponding axial force signal f to an electronic evaluation unit/microcontroller 23.
In addition, an optoelectronic sensor 24 is provided within the housing. This sensor can produce a speed signal n with the aid of a marker 25 on the rotor. This signal, together with a temperature signal t, is processed in the electronic evaluation unit/microcontroller 23. The temperature signal t is provided by a temperature sensor 26 for determining the oil temperature, which is mounted to inlet 12. The electronic evaluation unit/microcontroller outputs a control signal s, which can be used for outputting an error.
FIG. 2 shows the integration of the free jet centrifuge 10 into a lubricating oil system 27 of an internal combustion engine 28. The above-described signals f, t are provided to an engine control unit 29 together with a lubricating oil pressure signal p, a time signal z, and additional engine parameters a, b. These engine parameters can be the speed of the internal combustion engine, the air requirement of the internal combustion engine, the speed or delivery rate of the oil pump of the lubricating oil system, or other parameters. The signals are processed in the engine control unit 29 and are output as control signal s to dashboard 30. A pump 31 that is provided in the lubricating oil circuit 27 ensures an adequate supply of the lubricating points (not shown). The free jet centrifuge 10 is arranged in the bypass to an oil filter 32. A control valve 33 is used to regulate the oil supply to the free jet centrifuge.
The various measuring signals can be stored as characteristics in engine control unit 29. They make it possible to evaluate the flawless functioning of the free jet centrifuge. In addition, the relationships between the individual measuring signals can be stored in the control unit. An example of a relationship which can be stored in the control unit is the relationship between acceleration time and rotor loading (i.e., accumulation of sediment in the rotor). This provides a specific ratio of z to f. By electronically comparing a measured acceleration time against the stored relationship data, the degree of loading of the centrifuge rotor can be determined.
It would have been obvious to one skilled in the art before the effective filing date of the invention to have provided the apparatus and method of GB 1507742 in view of DE 1127818 with a speed sensor incorporating a microcontroller as taught by FISCHER et al. for the purposes of monitoring whether the centrifuge rotor has reached its nominal speed; monitoring centrifuge operational parameters via the speed sensor; and to enable the build-up of the filter cake impurity in the rotor to be monitored indirectly as in the underlined wording above.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over GB 1507742 in view of DE 1127818 as applied to claims 1 above and further in view of EP 3056280 A1.
GB 1507742 in view of DE 1127818 does not disclose the transmitter or receiver being encapsulated. EP 3056280 A1 discloses a centrifuge 1 having a sensor 21 that is encapsulated at 33 - Figure 3.
It would have been obvious to one skilled in the art before the effective filing date of the invention to have encapsulated any of the sensors in GB 1507742 in view of DE 1127818 including the transmitter and/or receiver as taught by EP 3056280 for the purposes of forming a fluid tight enclosure about the sensor(s) so the sensor(s) are not acted upon by any surrounding fluid which on the one hand could lead to mechanical stresses of the sensor and on the other hand could lead to fluctuating conditions on the sensor such that the housing forming the encapsulation around the sensor is acted upon from the outside by the fluid moved in the interior space as a result of the rotation of the centrifuge rotor (from the following paragraph of the translation):
For a proposal of the invention, the temperature sensor is arranged in a housing which forms an encapsulation of the temperature sensor. It is possible here that the encapsulation is formed fluid-tight, so that the temperature sensor is not acted upon by the flowing fluid, which on the one hand could lead to mechanical stresses of the temperature sensor and on the other hand could lead to fluctuating temperature conditions on the sensor. Rather, the housing forming the encapsulation is acted upon from the outside by the fluid moved in the interior space as a result of the rotation of the rotor. Depending on the temperature and flow conditions of the fluid then changes the temperature of the housing, which is then detected by the arranged inside the housing temperature sensor. For this embodiment, the housing forms a kind of "temperature filter" because high dynamic temperature changes of the housing impinging fluid are averaged out and the temperature sensor detects averaged as a result of the housing temperature, the temperature constant for the filtering or averaging is dependent on the heat capacity of the housing, the lateral surface of the housing, the volume of the housing and / or the design of the flow conditions in the flow around the housing, for example. With laminar flow or turbulent flow and / or arrangement of targeted flow around and the effective area enlarged flow guide. But it is also possible that the housing forming the encapsulation is not formed fluid-tight, but rather forms an opening through which the temperature sensor can be acted upon directly with the fluid of the interior of the laboratory centrifuge. Depending on the design of the opening and orientation of the same to the flow direction and design of the other flow conditions, a flow calming and thus a design of the temperature conditions in the housing in the region of the temperature sensor can be brought about.
Allowable Subject Matter
None.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/CHARLES COOLEY/
Examiner, Art Unit 1774
DATED: 12 JUNE 2026
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