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 .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/12/2026 has been entered.
Response to Amendment
1. This office action is in response to the amendment submitted by Applicant(s) on 03/12/2026.
2. Claims 16-20 and 22-31 are still pending.
3. Claims 21 was cancelled. Claims 1-15 were cancelled via preliminary amendments.
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.
4. Claim 30 is 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.
5. Claim 30 is directed to “wherein the temperature is determined based on a gyromagnetic ratio and the magnetic flux density”, which are mathematical-calculations/mental-steps that could also be performed by a general purpose processor. The additional elements “A sensor arrangement for determining and/or monitoring a process variable and/or a characteristic variable of a medium in a containment, comprising: a sensor apparatus arranged within the containment, the sensor apparatus including a component having at least one magnetic property that is dependent on the process variable and/or the characteristic variable; a magnetic field apparatus arranged outside of the containment and configured to generate a magnetic field that penetrates at least partially the containment, the medium therein, and the sensor apparatus; and a detection apparatus arranged outside of the containment,
wherein the sensor apparatus is arranged within the internal volume of the containment to thereby influence the magnetic field of the magnetic field apparatus as a function of the process variable and/or the characteristic variable, wherein the detection apparatus is embodied to register a variable related with the magnetic field as influenced by the sensor apparatus, and, based on the variable related with the magnetic field, to determine and/or to monitor the process variable and/or the characteristic variable, and wherein the process variable is a temperature of the medium and the variable related with the magnetic field is a magnetic flux density...” are merely insignificant extra-solution activity that include but is not limited to data acquisition and/or that is simply the result of the mathematical-calculations, which both simply include routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
Dependent claim 30 is Ineligible due to the following analysis:
5.1. Step 1 (Statutory Category): claim 30 is directed to a superconducting quantum interference device SQUID array SQA, therefore, it is directed to a statutory category, i.e., a machine (Step 1: YES).
5.2.1. Step 2A, Prong-1 (the claim is evaluated to determine whether it is directed to a judicial-exception/abstract-idea): claim 30 recites: “wherein the temperature is determined based on a gyromagnetic ratio and the magnetic flux density”, which are mathematical-calculations/mental-steps that could be performed with the help of a pen and paper. Therefore, it is directed to a judicial-exception/abstract-idea (Step 2A, Prong-1: YES).
5.2.2. Step 2A, Prong-2 (the claim is evaluated to determine whether the judicial-exception/abstract-idea is integrated into a Practical Application): claim 1 does not claim a particular machine, and do not claim any transformation of a particular article to a different state. Furthermore, it does not provide any particular context, thus, do not belong to a particular technological environment, industry or field of use. Consequently, the claimed judicial-exception/abstract-idea above are/is not integrated into a practical application and/or apply, rely on, or use to an additional element or elements in a manner that imposes a meaningful limit on the mathematical-calculations/mental-steps, thus, monopolizing the mathematical-calculations/mental-steps in a variety of technologies including but not limited to all different industries related to containments, pipes, hydrocarbons, mineral exploration, research, etc. (Step 2A, Prong-2: NO.).
5.3. Step 2B (the claim is evaluated to determine whether recites additional elements that amount to an inventive concept, or also, the additional elements are significantly more than the recited the judicial-exception/abstract-idea): claim 30 recites the additional element(s) “A sensor arrangement for determining and/or monitoring a process variable and/or a characteristic variable of a medium in a containment, comprising: a sensor apparatus arranged within the containment, the sensor apparatus including a component having at least one magnetic property that is dependent on the process variable and/or the characteristic variable; a magnetic field apparatus arranged outside of the containment and configured to generate a magnetic field that penetrates at least partially the containment, the medium therein, and the sensor apparatus; and a detection apparatus arranged outside of the containment, wherein the sensor apparatus is arranged within the internal volume of the containment to thereby influence the magnetic field of the magnetic field apparatus as a function of the process variable and/or the characteristic variable, wherein the detection apparatus is embodied to register a variable related with the magnetic field as influenced by the sensor apparatus, and, based on the variable related with the magnetic field, to determine and/or to monitor the process variable and/or the characteristic variable, and wherein the process variable is a temperature of the medium and the variable related with the magnetic field is a magnetic flux density”, which are/is simply routine and conventional activities that falls into a well-understood, routine, conventional activity and using well-understood, routine, conventional structure previously known, which includes but not limited to a microprocessor(s), sensors, and/or acquiring data that are insignificant extra solution activity (see the prior art references used in the rejections below, and prior art made of record below, and on the IDS and the prior art references used in the International Written Opinion dated 09 September 2022 for application PCT/EP2022/062718, which was submitted via IDS). Therefore, the claim does not include additional element(s) significantly more, or, does not amount to more than the judicial-exception/abstract-idea itself and the claim is not patent eligible (Step 2B: NO).
Examiner’s Note
6. All the words in the language of the claims of which the specifications do not provide a definition in the form stated in the MPEP, the examiner has interpreted them by their plain meanings, pursuant to the MPEP 2111.01 “Plain Meaning” and MPEP 2173.01.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
7. Claim(s) 16, 18-20, 22-23, 29 and 31 are/is rejected under 35 U.S.C. 103 as being unpatentable over Mulholland et al. (Pub. No.: US 2013/0147470 hereinafter mentioned “Mulholland”, which was used in the prior office action) in view of Arndt (Pub. No.: US 2003/0213299 hereinafter mentioned as “Arndt”, which was used in the prior office action).
As per claim 16, Mulholland, in the embodiment of Figs 1-2, discloses:
A sensor arrangement for determining and/or monitoring a process variable and/or a characteristic variable of a medium in a containment (See MPEP 2111.02, Effect of Preamble, and II. Preamble Statements Reciting Purpose or Intended Use), comprising:
a sensor apparatus arranged within the containment (Figs. 1-2, see the sensor-transducer 16 is positioned inside the volume of the pipe 14. Also see [0043]);
a magnetic field apparatus (Figs. 1-2, see the signal-generator 18 with the magnetic-interrogator-transducer 12. Also see [0034] and/or [0038]); and
a detection apparatus arranged outside of the containment (Figs. 1-2, the magnetic-interrogator-transducer 12 of Fig. 1 that includes but is not limited to the two transmitter coils 24 and a receiver coil 26 is positioned on the outside of the pipe 14. Also see [0043], [0034] and [0039]),
wherein the sensor apparatus is arranged in arranged within the internal volume of the containment Figs. 1-2, the magnetic-interrogator-transducer 12 of Fig. 1 that includes but is not limited to the two transmitter coils 24 and a receiver coil 26 is positioned on the outside of the pipe 14. Also see [0043], [0034] and [0039]) to thereby influence the magnetic field of the magnetic field apparatus (Figs. 1-2, see the signal generator 18 with the magnetic-interrogator-transducer 12, which generates a time-varying magnetic field. Also see [0034] and/or [0036]) as a function of the process variable and/or the characteristic variable (Figs. 1-2, the component of the sensor-transducer 16 influences the received the time-varying magnetic field by generating the signal that contains the condition-information/variable of which such condition-information/variable has variable-value that depends as function of the condition-information/variable and magnetic field, and the magnetic field is also influenced because depends on magnetic and/or electric properties of the sensor-transducer 16. Also see [0035] and/or [0036]-[0037]),
wherein the detection apparatus (Figs. 1-2, the magnetic-interrogator-transducer 12 of Fig. 1 that includes but is not limited to the two transmitter coils 24 and a receiver coil 26. Also see [0034] and [0039]) is embodied to register a variable related with the magnetic field as influenced by the sensor apparatus (Figs. 1-2, the component of the sensor-transducer 16 influences the received the time-varying magnetic field by generating the signal that contains the condition-information/variable of which such condition-information/variable has variable-value that depends as function of the condition-information/variable and magnetic field, and the magnetic field is also influenced because depends on magnetic and/or electric properties of the sensor-transducer 16. Also see [0035] and/or [0036]-[0037]), and, based on the variable related with the magnetic field, to determine and/or to monitor the process variable and/or the characteristic variable (Figs. 1-2, see the signal processor 20 that extracts the information from the data signal of the magnetic-interrogator-transducer 12. Also see [0036] and [0039]).
Mulholland does not explicitly disclose that said sensor apparatus further including
a support or a membrane on which the component is applied, wherein the component includes a ferromagnetic material or a magnetostrictive material.
However, Arndt further discloses:
Arndt, with the obvious motivation set forth above in claim-20, further discloses:
wherein the sensor apparatus includes a support or a membrane on which the component of the sensor apparatus is applied (Fig. 2, see the a fastening 6 supporting magnetostrictive strip 1 component. Also see [0029] and/or claim-1), wherein the component includes a ferromagnetic material or a magnetostrictive material (Fig. 2, see the a fastening 6 supporting magnetostrictive strip 1 component. Furthermore, all solid materials suffer thermal expansion and the particular material has its own, distinct and different coefficient of thermal expansion Also see [0029] and/or claim-1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the component of the sensor apparatus of Mulholland including the “support or a membrane on which the component is applied, wherein the component includes a ferromagnetic material or a magnetostrictive material”, as it is disclosed by Arndt, with the motivation and expected benefit related to improving the system and measurements by enabling the magnetostrictive effect and magnetoelasticity of the ferromagnetic materials when expose to applied magnetic fields (Arndt, Paragraph [0014]), and also by providing a sensor with higher sensitivity, accuracy, stability, reliability, and durability (see https://app.shift.com/pdf/1?utm_source=oh-pmax&utm_medium=&utm_campaign=22358066842&utm_term=&utm_content=&gad_source=5&gad_campaignid=22354362440&gclid=EAIaIQobChMI1arDy63tjQMVbEQpBh3Rpi_JEAEYASAAEgIzRvD_BwE).
As per claim 18, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 16 as described above.
Mulholland further discloses:
wherein the magnetic field apparatus includes at least one coil and/or one permanent magnet (Figs. 1-2, see the signal-generator 18 with the magnetic-interrogator-transducer 12 of Fig. 1 that includes but is not limited to the two transmitter coils 24 and a receiver coil 26. Also see [0034] and/or [0038]).
As per claim 19, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 16 with the component of the sensor apparatus as described above.
Arndt, with the obvious motivation set forth above in claim-16, further discloses:
wherein the component of the sensor apparatus includes a ferromagnetic material (see [0014]-[0015] [0027], [0030] and/or claim-1).
As per claim 20, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 16 with the component of the sensor apparatus as described above.
Arndt, with the obvious motivation set forth above in claim-16, further discloses:
wherein the component of the sensor apparatus includes a magnetostrictive material (see [0014]-[0015] [0027], [0029]-[0030] and/or claim-1).
As per claim 22, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 20 as described above.
Arndt, with the obvious motivation set forth above in claim-20, further discloses:
wherein the magnetostrictive material is applied on the support or the membrane, and
wherein the support or the membrane 4b and the magnetostrictive material have different coefficients of thermal expansion (Fig. 2, see the a fastening 6 supporting magnetostrictive strip 1 component. Furthermore, all solid materials suffer thermal expansion and the particular material has its own, distinct and different coefficient of thermal expansion Also see [0029] and/or claim-1).
As per claim 23, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 16 as described above.
Mulholland further discloses:
wherein the detection apparatus includes a magnetic field sensor (Figs. 1-2, see the signal-generator 18 with the magnetic-interrogator-transducer 12 of Fig. 1 that includes but is not limited to the two transmitter coils 24 and a receiver coil 26. Also see [0036] and/or [0038]).
As per claim 29, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 16 as described above.
Mulholland further discloses:
wherein the process variable is a temperature of the medium (see [0043]).
As per claim 31, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 16 as described above.
Mulholland further discloses:
wherein the process variable is a pressure of the medium (see [0035]).
8. Claim(s) 17 are/is rejected under 35 U.S.C. 103 as being unpatentable over Mulholland in view of Arndt, and further in view of Woodard (Pub. No.: US 2008/0184795 hereinafter mentioned as “Woodard”, which was used in the prior office action).
As per claim 17, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 16 with the variable as described above but does not explicitly disclose that said variable is
related with the magnetic field is: a magnetic flux density; a magnetic susceptibility; or a magnetic permeability.
However, Woodard further discloses:
wherein the variable related with the magnetic field is: a magnetic flux density; a magnetic susceptibility; or a magnetic permeability (see [0012] and/or [0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the feature relative to a “variable related with the magnetic field is: a magnetic flux density; a magnetic susceptibility; or a magnetic permeability” disclosed by Woodard into Mulholland, with the motivation and expected benefit related to improving the system and measurements by correlating the physical state of the material inside a pipe and/or container using its magnetic permeability (Woodard, Paragraph [0039]).
9. Claim(s) 24 are/is rejected under 35 U.S.C. 103 as being unpatentable over Mulholland in view of Arndt, and further in view of KANG et al. (Pub. No.: US 2009/0045063 hereinafter mentioned as “Kang”, which was used in the prior office action).
As per claim 24, the combination of Mulholland and Arndt discloses the sensor arrangement of claim 23 with the c magnetic field sensor as described above but does not explicitly disclose that it is a Hall sensor or a GMR sensor.
However, Kang further discloses:
wherein the magnetic field sensor is a Hall sensor or a GMR sensor (see [0034] and/or claim-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the feature relative to a “Hall sensor or a GMR sensor” disclosed by Kang into Mulholland, with the motivation and expected benefit related to improving the system and measurements by detecting different physical properties using different effect such as Hall effect and/or magneto resistance effect (Kang, Paragraph [0034]) in order to improve the accuracy of the measurement (Kang, Paragraph [0012] and [0017]) while using highly reliable with high speed operation and the ability to work in a wide temperature range (see https://www.variohm.com/news-media/technical-blog-archive/-the-advantages-of-hall-effect-sensors).
10. Claim(s) 30 are/is rejected under 35 U.S.C. 103 as being unpatentable over Mulholland in view of Arndt, and further in view of Blanz et al. (Pub. No.: US 2004/0119471 hereinafter mentioned as “Blanz”).
As per claim 30, Mulholland, in the embodiment of Figs 1-2, discloses:
A sensor arrangement for determining and/or monitoring a process variable and/or a characteristic variable of a medium in a containment (See MPEP 2111.02, Effect of Preamble, and II. Preamble Statements Reciting Purpose or Intended Use), comprising:
a sensor apparatus arranged within the containment (Figs. 1-2, see the sensor-transducer 16 is positioned inside the volume of the pipe 14. Also see [0043]);
a magnetic field apparatus (Figs. 1-2, see the signal-generator 18 with the magnetic-interrogator-transducer 12. Also see [0034] and/or [0038]); and
a detection apparatus arranged outside of the containment (Figs. 1-2, the magnetic-interrogator-transducer 12 of Fig. 1 that includes but is not limited to the two transmitter coils 24 and a receiver coil 26 is positioned on the outside of the pipe 14. Also see [0043], [0034] and [0039]),
wherein the sensor apparatus is arranged in arranged within the internal volume of the containment Figs. 1-2, the magnetic-interrogator-transducer 12 of Fig. 1 that includes but is not limited to the two transmitter coils 24 and a receiver coil 26 is positioned on the outside of the pipe 14. Also see [0043], [0034] and [0039]) to thereby influence the magnetic field of the magnetic field apparatus (Figs. 1-2, see the signal generator 18 with the magnetic-interrogator-transducer 12, which generates a time-varying magnetic field. Also see [0034] and/or [0036]) as a function of the process variable and/or the characteristic variable (Figs. 1-2, the component of the sensor-transducer 16 influences the received the time-varying magnetic field by generating the signal that contains the condition-information/variable of which such condition-information/variable has variable-value that depends as function of the condition-information/variable and magnetic field, and the magnetic field is also influenced because depends on magnetic and/or electric properties of the sensor-transducer 16. Also see [0035] and/or [0036]-[0037]),
wherein the detection apparatus (Figs. 1-2, the magnetic-interrogator-transducer 12 of Fig. 1 that includes but is not limited to the two transmitter coils 24 and a receiver coil 26. Also see [0034] and [0039]) is embodied to register a variable related with the magnetic field as influenced by the sensor apparatus (Figs. 1-2, the component of the sensor-transducer 16 influences the received the time-varying magnetic field by generating the signal that contains the condition-information/variable of which such condition-information/variable has variable-value that depends as function of the condition-information/variable and magnetic field, and the magnetic field is also influenced because depends on magnetic and/or electric properties of the sensor-transducer 16. Also see [0035] and/or [0036]-[0037]), and, based on the variable related with the magnetic field, to determine and/or to monitor the process variable and/or the characteristic variable (Figs. 1-2, see the signal processor 20 that extracts the information from the data signal of the magnetic-interrogator-transducer 12. Also see [0036] and [0039]);
wherein the process variable is a temperature of the medium (see [0043]).
Mulholland does not explicitly disclose that said sensor apparatus further including
a support or a membrane on which the component is applied, wherein the component includes a ferromagnetic material or a magnetostrictive material.
However, Arndt further discloses:
Arndt, with the obvious motivation set forth above in claim-20, further discloses:
wherein the sensor apparatus includes a support or a membrane on which the component of the sensor apparatus is applied (Fig. 2, see the a fastening 6 supporting magnetostrictive strip 1 component. Also see [0029] and/or claim-1), wherein the component includes a ferromagnetic material or a magnetostrictive material (Fig. 2, see the a fastening 6 supporting magnetostrictive strip 1 component. Furthermore, all solid materials suffer thermal expansion and the particular material has its own, distinct and different coefficient of thermal expansion Also see [0029] and/or claim-1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the component of the sensor apparatus of Mulholland including the “support or a membrane on which the component is applied, wherein the component includes a ferromagnetic material or a magnetostrictive material”, as it is disclosed by Arndt, with the motivation and expected benefit related to improving the system and measurements by enabling the magnetostrictive effect and magnetoelasticity of the ferromagnetic materials when expose to applied magnetic fields (Arndt, Paragraph [0014]), and also by providing a sensor with higher sensitivity, accuracy, stability, reliability, and durability (see https://app.shift.com/pdf/1?utm_source=oh-pmax&utm_medium=&utm_campaign=22358066842&utm_term=&utm_content=&gad_source=5&gad_campaignid=22354362440&gclid=EAIaIQobChMI1arDy63tjQMVbEQpBh3Rpi_JEAEYASAAEgIzRvD_BwE).
Mulholland in view of Arndt does not explicitly disclose wherein said variable being
related with the magnetic field is a magnetic flux density, and wherein the temperature is determined based on a gyromagnetic ratio and the magnetic flux density.
However, Blanz further discloses:
wherein the variable related with the magnetic field is a magnetic flux density (see [0021] and/or [0058]), and wherein the temperature is determined based on a gyromagnetic ratio (see [0009]-[0010] and/or [0059]) and the magnetic flux density (see [0021] and/or [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the component of the variable of Mulholland in view of Arndt being “related with the magnetic field is a magnetic flux density, and wherein the temperature is determined based on a gyromagnetic ratio and the magnetic flux density”, as it is disclosed by Blanz, with the motivation and expected benefit related to improving the system and measurements by providing a system in thermal equilibrium in a magnetic field (Blanz, Paragraph [0051]), and also by avoiding the a requirement of very homogeneous magnetic field (Blanz, Paragraph [0010]).
Reasons for Allowability / Allowable Subject Matter
11. Claims 25-28 are allowed.
12. The following is an examiner's statement of reasons for allowance:
13. The prior art of record, alone or in combination, does not anticipate, disclose and/or suggest the allowable subject matter of the independent claims. See the arguments by the Applicant(s) filed on 03/12/2026 and the application prosecution for specific novelty of the feature(s) claimed.
Furthermore, there is not any obvious motivation for an ordinary skilled in the art to combine some and/or all of the features of the prior art of record to achieve the features of the independent claim(s). In addition, it will further require substantial structural modification of the components that will also require substantial modification of the measurements, signal processing and configurations to achieve the features of the allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVARO E. FORTICH whose telephone number is (571) 272-0944. The examiner can normally be reached on Monday thru Friday from 8:30am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Huy Phan, can be reached on (571)272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVARO E FORTICH/Primary Examiner, Art Unit 2858