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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/19/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 6-7, 10, 15-16 and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As to Claims 1, 10 and 19,
Step 2A, Prong 1: Claim 1 includes perform a phaseless parametric inversion on the measurement line 7, determine calibration coefficients line 9, determine calibrated scattered field measurements line 11. These features are considered abstract ideas because they are directed towards mathematical calculations or relationships, because a comparison and a calibration are reasonably implemented with such mathematical concepts.
Step 2A, Prong 2: The above identified abstract ideas are not reasonably integrated in a practical application as no claim feature reasonably implements or otherwise integrates the above features into required practical application. The additional elements of the claim are: one or more processors; and a memory comprising instructions, receive measurement data of a container with contents stored within the container, background model and the calibration coefficients. The claims do not improve the functioning of a computer of a sensor. Rather, they describe applying known mathematical techniques to measurement data. These additional elements do not reasonably integrate the above noted abstract idea into a practical application.
Step 2B: Claim 1 includes a phaseless parametric inversion on the measurement line 7, determine calibration coefficients line 9, determine calibrated scattered field measurements line 11. These features are considered abstract ideas because they are directed towards mathematical calculations or relationships, because a phaseless parametric inversion on the measurement, determine calibration coefficients, determine calibrated scattered field measurements are reasonably implemented with such mathematical concepts.
The above noted additional elements amount to insufficient extra-solution activity because they do not integrate the abstract idea into a practical application and because they are conventional.
Jeffrey (WO2021001796A1) teaches electromagnetic imaging of containers teaching a phaseless, parametric inversion method, the components being involved in the phaseless, parametric inversion method and fewer or additional components from the environment 10 (FIG. 1 ) may be used, one of the devices 20, an acquisition system comprising the antenna array 12 and the antenna acquisition circuit 16, and a server(s) 26 are shown as the entities that enable an embodiment of the phaseless, parametric inversion method to be carried out. In (30), a user (via the device 20) requests measurements of the contents of the container 18 (FIG. 1 ). This request is communicated to the acquisition system. In some embodiments, the triggering of measurements may occur automatically based on a fixed time frame or based on certain conditions or based on detection of an authorized user device 20. In some embodiments, the request may trigger the communication of measurements that have already occurred. In (32), the acquisition system activates (e.g., excites) the antenna probes 14 of the antenna array 12, such that the acquisition system (via the transmission of signals and receipt of the scattered signals) collects a set of raw, uncalibrated electromagnetic data at a set of (a plurality of) discrete, sequential frequencies (e.g., 1301 frequencies from 1 -1300 MHz, though not limited to this range or quantity of frequencies). In one embodiment, the uncalibrated data comprises total-field, S-parameter measurements (which are used to generate both a calibration model or information and a prior model or information as described below). As is known, S-parameters are ratios of voltage levels (e.g., due to the decay between the sending and receiving signal). Though S-parameter measurements are described, in some embodiments, other mechanisms for describing voltages on a line may be used. For instance, power may be measured directly (without the need for phase measurements), or various transforms may be used to convert S- parameter data into other parameters, including transmission parameters, impedance, admittance, etc. Since the uncalibrated S-parameter measurement is corrupted by the switching matrix and/or varying lengths (e.g., greater than five wavelengths) and/or other differences (e.g., manufacturing differences) in the cables connecting the antenna probes 14 to the antenna acquisition circuit 16, it is important that embodiments of the phaseless, parametric inversion method use only magnitude (i.e., phaseless) data as input, which is relatively unperturbed by the measurement system. In (34), the acquisition system communicates (e.g., via a wired and/or wireless communications medium) the uncalibrated (S-parameter) data to the device 20, which in turn (36) communicates the uncalibrated data to the server 26. At the server 26, data analytics are performed (38).
Claim 6 is rejected for same reasons as claim 1.
Claim 10 is rejected for same reasons as claim 1.
Claim 15 is rejected for same reasons as claim 1.
Claim 19 is rejected for same reasons as claim 1.
Claim Rejections - 35 USC § 102
5. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102 as being anticipated by Jeffry (WO2021001796A1).
Regarding claim 1, Jeffrey discloses a system, comprising: one or more processors; and a memory comprising instructions, wherein the one or more processors are configured by the instructions (“the memory 60 comprises an operating system 64 and phaseless, parametric inversion (PPI) software 66” [0043]) to:
receive measurement data of a container with contents stored within the container (“device 20) requests measurements of the contents of the container 18, acquisition system collects raw s parameter data from container” [0033]);
perform a phaseless parametric inversion (“a phaseless, parametric inversion method” [0033]) on the measurement data to provide a background model (inversion performed using magnitude only S parameter to build calibration and prior model “the uncalibrated data comprises total-field, S-parameter measurements (which are used to generate both a calibration model or information and a prior mode” [0033]);
determine calibration coefficients (“The uncalibrated data (e.g., first data) is used to generate the calibration coefficients (Ctx,rx), and estimated data (e.g., second data, based on computer model and simulation of signals)” [0042]) for each of a plurality of channels based on the measurement data and the background model (“uncalibrated data comprises total-field, S-parameter measurements (which are used to generate both a calibration model or information and a prior model or information” [0033]); and
determine calibrated scattered field measurements based on the background model and the calibration coefficients (“each antenna probe illuminates the connects while the receiving antenna probe collect the signals scattered by the contents… The transceiver system generates RF waves. as well as receiving measured field by the antenna probe 14…[0021] the acquisition system.. collects a set of raw, uncalibrated electromagnetic data, which comprises total field S-parameter measurement which are used to generate both calibration model and a prior model” [0033]).
Regarding claims 2, 11, Jeffrey further discloses wherein the measurement data comprises a set of S-measurements, wherein the same set of S-measurements is used for calibration and imaging of the contents (“the uncalibrated data comprises total-field, S-parameter measurements (which are used to generate both a calibration model or information and a prior model” [0033]).
Regarding claims 3, 12, Jeffrey further discloses wherein the background model comprises content height at a wall of the container, cone angle formed by the contents, and bulk average permittivity of the contents (“the visualization may include parameter values describing permittivity and geometric information about the contents, including the height of the grain along the container wall, the angle of grain repose, and the average complex permittivity of the grain” [0053]).
Regarding claims 4, 13, Jeffrey further discloses wherein the container comprises a grain storage bin, and the contents is grain (“The container 18 is depicted as one type of grain storage bin (or simply, grain bin), though it should be appreciated that containers of other geometries, for the same or other contents (e.g., grain)” [0020]).
Regarding claims 5, 14, Jeffrey further discloses wherein the calibration coefficients correspond to channel loss and phase shift (“The model output and the physically collected data comprise magnitude and phase information, though the phase information from the physical domain is corrupted from various features of the physical domain (e.g., cable losses/phase shifts, switch path losses, corrupted signals due to the presence of plural antennas, receiver thermal noise, etc” [0037]).
Regarding claims 6, 15, Jeffrey further discloses wherein the one or more processors are configured by the instructions to determine calibration coefficients by performing a minimization with the measurement data and the background model (“the computer model parameters (e.g. grain cone angle) are updated in an iterative fashion based on the optimization algorithm (46). Once the new estimates are generated, (42) - (46) are repeated, unless: the error between the computer model and physical data have reached a minimum level, or the model parameters are not changing to within some tolerance, then the optimization algorithm stops. This optimization provides for a better match to the physically collected data.” comparing measured vs simulated magnitudes to refine the model and explicitly says calibration coefficients are generated to align those domains, refers to minimization process [0037-38]).
Regarding claims 7, 16, Jeffrey further discloses wherein the minimization comprises an L2 norm minimization (“the computer model is not completely accurate, and hence the physically collected data is compared to the model to determine changes that need to be made to the model to best approximate the physical domain” where comparing measured vs simulated date and adjusting the model is inherently minimization [0037]).
Regarding claims 8, 17, 20, Jeffrey further discloses wherein the one or more processors are further configured by the instructions to perform full inversion based on the calibrated scattered field measurements and the measurement data (“device 20 requests measurements of the contents of the container 18, acquisition system collects raw s parameter data from container,., the uncalibrated data comprises total-field, S-parameter measurements (which are used to generate both a calibration model or information and a prior mode” [0033] further [0037] teaches the phaseless , parametric inversion method compare this data with simulated data, to create a phaseless comparison mode to focus in on an accurate mode where the date is use as calibration and prior information for use in a pixel based inversion algorithm [0041])), and one or more of provide an image map of the contents (“a three-dimensional moisture map 90 is generated using the data acquisition hardware attached to the container 18 that measures the internal bin response to internal electromagnetic interrogation and the software algorithms that convert at least a subset of the measured data to an image of the contents container 18. From the map 90, an operator can see the moisture content of individual bushels 92 or pockets of grain and its location with the grain mass within the container 18. Bushels 92 are displayed on the map using different colors or shades based on the moisture content determined by the imaging process” [0057]).
Regarding claims 9, 18, Jeffrey further discloses wherein the image map comprises a 3D permittivity map (“may be used to generate a 3D model of the container 18…” [0034]).
Regarding claim 10, the method recited is intrinsic to the apparatus recited in claim 1, as disclosed by Jeffry (WO2021001796A1) as the recited method steps will be performed during the normal operation of the apparatus, as discussed above with regard to claim 1.
Regarding claim 19, the structure recited is intrinsic to the method recited in claim 10, as disclosed by Jeffry (WO2021001796A1) as the recited structure will be used during the normal operation of the method, as discussed above with regard to claim 10. Jeffry further discloses a non-transitory, computer readable medium comprising instructions, that when executed by one or more processors, causes the one or more processors (“the software can be stored on a variety of non-transitory computer- readable medium (including memory 60) for use by, or in connection with, a variety of computer-related systems or methods” [0050]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kanyilmaz (U.S. Publication 20200200585) discloses method for calibrating a device for measuring a mass of fuel carried by an aircraft.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAQI R NASIR whose telephone number is (571)270-1425. The examiner can normally be reached 9AM-5PM EST M-F.
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/TAQI R NASIR/ Examiner, Art Unit 2858
/LEE E RODAK/ Supervisory Patent Examiner, Art Unit 2858