DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 15 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. 2016/0299014 A1 (hereafter Li).
As to claim 15: Li discloses a method (2000; see fig. 20 and ¶ 89), comprising:
transmitting an acoustic signal (not labeled but see ¶ 89 regarding the transmitted ultrasonic acoustic signal) into a material with an unknown moisture level (not labeled but see ¶ 89 regarding the ambient air being measured), wherein the acoustic signal associated with the material with the unknown moisture level changes into an acoustic response signal after passing through the material (see ¶ 89 regarding the determined ambient sound velocity measurements);
receiving the acoustic response signal associated with the material with the unknown moisture level (see ¶ 90 and 91);
processing the acoustic response signal to determine a speed of the acoustic response signal (see ¶ 89 and 90); and
determining a moisture level of the material by associating the speed of the acoustic response signal to a data (see ¶ 91), wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic speeds of a plurality of acoustic response signals (see ¶ 92 and 93).
As to claim 27: Li discloses a method (2000; see fig. 20 and ¶ 89), comprising:
transmitting a plurality of acoustic signals (not labeled but see ¶ 89 regarding the transmitted ultrasonic acoustic signals) into a material at a plurality of known moisture levels (see ¶ 89), wherein an acoustic signal changes into an acoustic response signal after passing through the material (see ¶ 89 regarding the determined sound velocities based upon the coded acoustic signal);
processing a plurality of acoustic response signals resulting from the plurality of acoustic signals to determine a speed or amplitude associated with the plurality of acoustic response signals (see ¶ 89); and
generating a data to correlate the plurality of known moisture levels to a plurality of speeds or a plurality of amplitudes (see ¶ 90 and 91).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently 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.
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li).
As to claim 1: Li discloses a system (100; see fig. 1 and ¶ 41), comprising:
an acoustic transmitter (1006; see fig. 10 and ¶ 66) configured to transmit an acoustic signal (not labeled but see ¶ 65 regarding the disclosed acoustic signal) into a material with an unknown moisture level (not labeled but see ¶ 65 regarding the ambient air being measured), wherein the acoustic signal associated with the material with the unknown moisture level changes into an acoustic response signal after passing through the material (see ¶ 65 regarding measured sound velocity);
an acoustic receiver (1010; see fig. 10 and ¶ 66) configured to receive the acoustic response signal associated with the material with the unknown moisture level (see ¶ 65).
The embodiment of Li thus far disclosed does not explicitly teach:
a memory component configured to store data, wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic speeds of a plurality of acoustic response signals; and
a processor couple to the acoustic receiver and to the memory, wherein the processor is configured to determine a speed of the acoustic response signal associated with the material with the unknown moisture level, and further configured to determine an actual moisture level of the unknown moisture level of the material by associating the speed of the acoustic response signal associated with the material with the unknown moisture level to the data in the memory component.
However, another embodiment of Li teaches:
a memory component (2204; see fig. 22 and ¶ 100) configured to store data, wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic speeds of a plurality of acoustic response signals (see ¶ 87); and
a processor (2202; see fig. 22 and ¶ 100) coupled to an acoustic receiver and to the memory (see ¶ 84), wherein the processor (2202) is configured to determine a speed of the acoustic response signal associated with the material with the unknown moisture level (see ¶ 84 regarding the sound velocity component 1806 and 1906), and further configured to determine an actual moisture level of the unknown moisture level of the material by associating the speed of the acoustic response signal associated with the material with the unknown moisture level to the data in the memory component (see ¶ 84).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment of Li disclosed regarding fig. 10 by including a memory component configured to store data, wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic speeds of a plurality of acoustic response signals; and a processor couple to the acoustic receiver and to the memory, wherein the processor is configured to determine a speed of the acoustic response signal associated with the material with the unknown moisture level, and further configured to determine an actual moisture level of the unknown moisture level of the material by associating the speed of the acoustic response signal associated with the material with the unknown moisture level to the data in the memory component because mobile devices are ubiquitous and carried by many people who may wish to be able to visually read relevant data about their surroundings such as humidity and temperature as suggested in Li ¶ 2 and 3. The reporting of this data from a small device that a user may carry with them provides the user with information that said user may wish to note, especially in instances where any of the environmental variables may be unusually high, such as also suggested in Li ¶ 38.
As to claim 6: Li teaches the system as described in claim 1, wherein the acoustic transmitter (1006; see fig. 10 and ¶ 66) faces the acoustic receiver (1010; see fig. 10 and ¶ 66) (see fig. 10; the transmitter 1006 and receiver 1010 face each other at least by being disposed across from one another by the path defined by 1014 disclosed in ¶ 66).
Claims 2, 3, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li) as applied above, and further in view of McNames et al. US PG-PUB 2021/0003656 A1 (hereafter McNames).
As to claim 2: Li teaches all of the limitations of the claimed invention as described above regarding claim 1, including an acoustic transmitter (1006; see fig. 10 and ¶ 66) and an acoustic signal associated with a material with an unknown moisture level (see ¶ 65), but does not explicitly teach:
the system further comprising an amplifier coupled to the acoustic transmitter, wherein the amplifier is configured to amplify the acoustic signal associated with the material with the unknown moisture level.
However, McNames teaches a system (see fig. 10 and ¶ 68) that comprises an amplifier (1010; see fig. 10 and ¶ 68) coupled to an acoustic transmitter (1006; see fig. 10 and ¶ 68).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify Li by including an amplifier coupled to the acoustic transmitter, wherein the amplifier is configured to amplify the acoustic signal associated with the material with the unknown moisture level because amplifiers are an art recognized means of achieving the useful and predictable result of increasing acoustic signal amplitude which can allow for greater sensitivity and signal to noise ratio when using acoustic signals in various measuring applications and accordingly would allow Li’s system to potentially improve its sensing sensitivity by amplifying any utilized acoustic signals.
As to claim 3: Li teaches all of the limitations of the claimed invention as described above regarding claim 1, including an acoustic receiver (1010; see fig. 10 and ¶ 66) and an acoustic response signal (see ¶ 65), but does not explicitly teach:
the system further comprising a preamplifier coupled to the acoustic receiver, wherein the preamplifier is configured to amplify the acoustic response signal.
However, McNames teaches a system (see fig. 10 and ¶ 68) that comprises a preamplifier (1010; see fig. 10 and ¶ 68) coupled to an acoustic receiver (1002a-1000e; see fig. 10 and ¶ 68), wherein the preamplifier (1010) is configured to amplify an acoustic signal (see ¶ 68).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify Li by including a preamplifier coupled to the acoustic receiver, wherein the preamplifier is configured to amplify the acoustic response signal because preamplifiers are an art recognized means of achieving the useful and predictable result of increasing acoustic signal amplitude which can allow for greater sensitivity and signal to noise ratio when using acoustic signals in various measuring applications and accordingly would allow Li’s system to potentially improve its sensing sensitivity by amplifying any utilized acoustic signals.
As to claim 16: Li teaches all of the limitations of the claimed invention as described above regarding claim 15, including an acoustic signal associated with a material with an unknown moisture level (see ¶ 65), but does not explicitly teach:
the method further comprising amplifying the acoustic signal associated with the material with the unknown moisture level.
However, McNames teaches that acoustic signals may be amplified (see fig. 10 and ¶ 68).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify Li’s method by amplifying the acoustic signal associated with the material with the unknown moisture level because such amplification is an art recognized means of achieving the useful and predictable result of increasing acoustic signal amplitude which can allow for greater sensitivity and signal to noise ratio when using acoustic signals in various measuring applications and accordingly would allow Li’s method to potentially improve its sensing sensitivity by amplifying any utilized acoustic signals.
As to claim 17: Li teaches all of the limitations of the claimed invention as described above regarding claim 15, including an acoustic response signal (not labeled but see ¶ 90 and 91 of Li), but does not explicitly teach:
the method further comprising amplifying the acoustic response signal.
However, McNames teaches amplifying an acoustic signal (see fig. 10 regarding the pre-amplifier/amplifier 1010 and details in ¶ 68).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify Li’s method by amplifying the acoustic response signal because such amplification is an art recognized means of achieving the useful and predictable result of increasing acoustic signal amplitude which can allow for greater sensitivity and signal to noise ratio when using acoustic signals in various measuring applications and accordingly would allow Li’s system to potentially improve its sensing sensitivity by amplifying any utilized acoustic signals.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li) as applied to claim 1 above, and further in view of Troxler US PG-PUB 2007/0046289 A1 (hereafter Troxler).
As to claim 4: Li teaches all of the limitations of the claimed invention as described above regarding claim 1, including data (see ¶ 87), but does not explicitly teach:
wherein the data comprises a calibrated model.
However, Troxler teaches wherein acoustic data associated with acoustics may comprise a calibrated model (see ¶ 213).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify Li’s data such that it comprises a calibrated model because such data is an art recognized means of comparing measured acoustic data to other data for the purpose of determining properties of measured materials, such as suggested in ¶ 46 of Troxler.
Claims 7 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li) as applied above, and further in view of Scholte et al. US PG-PUB 2011/0120222 A1 (hereafter Scholte).
As to claim 7: Li teaches all of the limitations of the claimed invention as described above regarding claim 1, including an acoustic signal (not labeled but see ¶ 65 regarding the disclosed acoustic signal), but does not explicitly teach:
wherein the acoustic signal is a Tukey window sinusoidal burst signal.
However, Scholte teaches that acoustic signals may be analyzed using an acoustic signal that is a Tukey window sinusoidal burst signal (see ¶ 116 and 117).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s acoustic signal to be a Tukey window sinusoidal burst signal because such a signal strikes a balance between k-space leakage and loss of acoustic information, such as suggested in Scholte ¶ 116. Accordingly, such a window is useful because it balances attenuation of an acoustic signal of leakage in k-space and thus would provide Li the useful and predictable benefit of extracting useful data from interaction between the acoustic signal and other media while preventing signal attenuation that could reduce the signal.
As to claim 20: Li teaches all of the limitations of the claimed invention as described above regarding claim 15, including an acoustic signal (not labeled but see ¶ 65 regarding the disclosed acoustic signal), but does not explicitly teach:
wherein the acoustic signal is a Tukey window sinusoidal burst signal.
However, Scholte teaches that acoustic signals may be analyzed using an acoustic signal that is a Tukey window sinusoidal burst signal (see ¶ 116 and 117).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the acoustic signal in Li’s method to be a Tukey window sinusoidal burst signal because such a signal strikes a balance between k-space leakage and loss of acoustic information, such as suggested in Scholte ¶ 116. Accordingly, such a window is useful because it balances attenuation of an acoustic signal of leakage in k-space and thus would provide Li the useful and predictable benefit of extracting useful data from interaction between the acoustic signal and other media while preventing signal attenuation that could reduce the signal.
Claims 8, 9, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li) in view of Wonn et al. US Pat 3,991,603 (hereafter Wonn).
As to claim 8: Li discloses a system (100; see fig. 1 and ¶ 41), comprising:
an acoustic transmitter (1006; see fig. 10 and ¶ 66) configured to transmit an acoustic signal (not labeled but see ¶ 65 regarding the disclosed acoustic signal) into a material with an unknown moisture level (not labeled but see ¶ 65 regarding the ambient air being measured), wherein the acoustic signal associated with the material with the unknown moisture level changes into an acoustic response signal after passing through the material (see ¶ 65 regarding measured sound velocity);
an acoustic receiver (1010; see fig. 10 and ¶ 66) configured to receive the acoustic response signal associated with the material with the unknown moisture level (see ¶ 65).
Li does not explicitly teach:
a memory component configured to store data, wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic amplitudes of a plurality of acoustic response signals; and
a processor coupled to the acoustic receiver and to the memory, wherein the processor is configured to determine an amplitude of the acoustic response signal associated with the material with the unknown moisture level, and further configured to determine an actual moisture level of the unknown moisture level of the material by associated the amplitude of the acoustic response signal associating with the material with the unknown moisture level to the data in the memory component.
However, Wonn teaches:
a memory component configured to store data (64; see fig. 1 and col. 5, lines 36-52; while not explicitly disclosed as a memory component, the circuitry disclosed must necessarily contain a memory to store signals such as the reference signal), wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic amplitudes of a plurality of acoustic response signals (see col. 5, lines 53-67 and col. 6, lines 1-11); and
a processor coupled to the acoustic receiver and to the memory (not labeled but see col. 5, lines 36-52; the disclosed circuitry must necessarily contain a processor to control the comparator 64 and determine differences between signals and reference signals), wherein the processor is configured to determine an amplitude of the acoustic response signal associated with the material with the unknown moisture level (see col. 5, lines 30-35 and col. 6, lines 27-33), and further configured to determine an actual moisture level of the unknown moisture level of the material by associating the amplitude of the acoustic response signal associated with the material with the unknown moisture level to the data in the memory component (see col. 6, lines 59-67 and col. 7, lines 1-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s system to include a memory component configured to store data, wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic amplitudes of a plurality of acoustic response signals; and a processor coupled to the acoustic receiver and to the memory, wherein the processor is configured to determine an amplitude of the acoustic response signal associated with the material with the unknown moisture level, and further configured to determine an actual moisture level of the unknown moisture level of the material by associated the amplitude of the acoustic response signal associating with the material with the unknown moisture level to the data in the memory component because such a configuration is an art recognized means of determining the presence and amount of moisture in a flow in a non-intrusive manner, such as suggested in Wonn col. 10, lines 34-42. Accordingly, such a construction would be advantageous for Li by allowing one to measure for moisture in a remote and non-destructive/intrusive manner and also would provide for the opportunity to address situations where excess moisture could potentially be troublesome, such as further suggested in Wonn col. 10, lines 38-42.
As to claim 9: Li as modified by Wonn teaches the system as described in claim 8, further comprising an amplifier (60 of Wonn; see fig. 1 and col. 4, lines 20-23) coupled to the acoustic transmitter (1006 of Li; see fig. 10 and ¶ 66), wherein the amplifier is configured to amplify the acoustic signal (see Wonn col. 4, lines 20-30).
As to claim 21: Li discloses a method (2000; see fig. 20 and ¶ 89) comprising:
transmitting an acoustic signal (not labeled but see ¶ 89 regarding the transmitted ultrasonic acoustic signal) into a material with an unknown moisture level (not labeled but see ¶ 89 regarding the ambient air being measured), wherein the acoustic signal associated with the material with the unknown moisture level changes into an acoustic response signal after passing through the material (see ¶ 89 regarding the determined ambient sound velocity measurements);
receiving the acoustic response signal associated with the material with the unknown moisture level (see ¶ 90 and 91).
Li does not explicitly teach:
processing the acoustic response signal to determine an amplitude of the acoustic response signal; and
determining a moisture level of the material by associating the amplitude of the acoustic response signal to a data, wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic amplitudes of a plurality of acoustic response signals.
However, Wonn teaches:
processing an acoustic response signal to determine an amplitude of the acoustic response signal (see col. 5, lines 30-35 and col. 6, lines 27-33); and
determining a moisture level of a material by associating the amplitude of the acoustic response signal to a data, wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic amplitudes or a plurality of acoustic response signals (see col. 6, lines 59-67 and col. 7, lines 1-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s method to include processing the acoustic response signal to determine an amplitude of the acoustic response signal; and determining a moisture level of the material by associating the amplitude of the acoustic response signal to a data, wherein the data comprises a plurality of moisture levels associated with a plurality of acoustic amplitudes of a plurality of acoustic response signals because such a steps are an art recognized means of determining the presence and amount of moisture in a flow in a non-intrusive manner, such as suggested in Wonn col. 10, lines 34-42. Accordingly, such a steps would be advantageous for Li by allowing one to measure for moisture in a remote and non-destructive/intrusive manner and also would provide for the opportunity to address situations where excess moisture could potentially be troublesome, such as further suggested in Wonn col. 10, lines 38-42.
Claims 10, 13, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li) in view of Wonn et al. US Pat 3,991,603 (hereafter Wonn) as applied above, and further in view of McNames et al. US PG-PUB 2021/0003656 A1 (hereafter McNames).
As to claim 10: Li as modified by Wonn teaches all of the limitations of the claimed invention as described above regarding claim 8, including an acoustic receiver (1010 of Li; see fig. 10 and ¶ 66) and an acoustic response signal (see Li ¶ 65), but does not explicitly teach:
the system further comprising a preamplifier coupled to the acoustic receiver, wherein the preamplifier is configured to amplify the acoustic response signal.
However, McNames teaches a system (see fig. 10 and ¶ 68) that comprises a preamplifier (1010; see fig. 10 and ¶ 68) coupled to an acoustic receiver (1002a-1000e; see fig. 10 and ¶ 68), wherein the preamplifier (1010) is configured to amplify an acoustic signal (see ¶ 68).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to further modify Li by including a preamplifier coupled to the acoustic receiver, wherein the preamplifier is configured to amplify the acoustic response signal because preamplifiers are an art recognized means of achieving the useful and predictable result of increasing acoustic signal amplitude which can allow for greater sensitivity and signal to noise ratio when using acoustic signals in various measuring applications and accordingly would allow Li’s system to potentially improve its sensing sensitivity by amplifying any utilized acoustic signals.
As to claim 13: Li as modified by Wonn and McNames teaches the system as described in claim 10, wherein the acoustic transmitter (1006 of Li; see fig. 10 and ¶ 66) faces the acoustic receiver (1010 of Li; see fig. 10 and ¶ 66) (see fig. 10 of Li; the transmitter 1006 and receiver 1010 face each other at least by being disposed across from one another by the path defined by 1014 disclosed in ¶ 66).
As to claim 22: Li as modified by Wonn teaches all of the limitations of the claimed invention as described above regarding claim 21, including an acoustic signal associated with a material with an unknown moisture level (not labeled but see ¶ 89 of Li regarding the transmitted ultrasonic acoustic signal), but does not explicitly teach:
the method further comprising amplifying the acoustic signal.
However, McNames teaches amplifying an acoustic signal (see fig. 10 regarding the pre-amplifier/amplifier 1010 and details in ¶ 68).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify Li’s method by amplifying the acoustic signal because such amplification is an art recognized means of achieving the useful and predictable result of increasing acoustic signal amplitude which can allow for greater sensitivity and signal to noise ratio when using acoustic signals in various measuring applications and accordingly would allow Li’s system to potentially improve its sensing sensitivity by amplifying any utilized acoustic signals.
As to claim 23: Li as modified by Wonn teaches all of the limitations of the claimed invention as described above regarding claim 21, including an acoustic response signal (not labeled but see ¶ 90 and 91 of Li), but does not explicitly teach:
the method further comprising amplifying the acoustic response signal.
However, McNames teaches amplifying an acoustic signal (see fig. 10 regarding the pre-amplifier/amplifier 1010 and details in ¶ 68).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify Li’s method by amplifying the acoustic response signal because such amplification is an art recognized means of achieving the useful and predictable result of increasing acoustic signal amplitude which can allow for greater sensitivity and signal to noise ratio when using acoustic signals in various measuring applications and accordingly would allow Li’s system to potentially improve its sensing sensitivity by amplifying any utilized acoustic signals.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li) in view of Wonn et al. US Pat 3,991,603 (hereafter Wonn) as applied to claim 8 above, and further in view of Troxler US PG-PUB 2007/0046289 A1 (hereafter Troxler).
As to claim 11: Li as modified by Wonn teaches all of the limitations of the claimed invention as described above regarding claim 8, including data (see ¶ 87 of Li), but does not explicitly teach:
wherein the data comprises a calibrated model.
However, Troxler teaches wherein acoustic data associated with acoustics may comprise a calibrated model (see ¶ 213).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to further modify Li’s data such that it comprises a calibrated model because such data is an art recognized means of comparing measured acoustic data to other data for the purpose of determining properties of measured materials, such as suggested in ¶ 46 of Troxler.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li) in view of Wonn et al. US Pat 3,991,603 (hereafter Wonn) and McNames et al. US PG-PUB 2021/0003656 A1 (hereafter McNames) as applied to claim 10 above, and further in view of Scholte et al. US PG-PUB 2011/0120222 A1 (hereafter Scholte).
As to claim 14: Li as modified by Wonn and McNames teaches all of the limitations of the claimed invention as described above regarding claim 10, including an acoustic signal (not labeled but see ¶ 65 of Li regarding the disclosed acoustic signal), but does not explicitly teach:
wherein the acoustic signal is a Tukey window sinusoidal burst signal.
However, Scholte teaches that acoustic signals may be analyzed using an acoustic signal that is a Tukey window sinusoidal burst signal (see ¶ 116 and 117).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Li’s acoustic signal to be a Tukey window sinusoidal burst signal because such a signal strikes a balance between k-space leakage and loss of acoustic information, such as suggested in Scholte ¶ 116. Accordingly, such a window is useful because it balances attenuation of an acoustic signal of leakage in k-space and thus would provide Li the useful and predictable benefit of extracting useful data from interaction between the acoustic signal and other media while preventing signal attenuation that could reduce the signal.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. 2016/0299014 A1 (hereafter Li) in view of Wonn et al. US Pat 3,991,603 (hereafter Wonn) as applied above, and further in view of Scholte et al. US PG-PUB 2011/0120222 A1 (hereafter Scholte).
As to claim 26: Li as modified by Wonn teaches all of the limitations of the claimed invention as described above regarding claim 21, including an acoustic signal (not labeled but see ¶ 89 of Li), but does not explicitly teach:
wherein the acoustic signal is a Tukey window sinusoidal burst signal.
However, Scholte teaches that acoustic signals may be analyzed using an acoustic signal that is a Tukey window sinusoidal burst signal (see ¶ 116 and 117).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Li’s acoustic signal to be a Tukey window sinusoidal burst signal because such a signal strikes a balance between k-space leakage and loss of acoustic information, such as suggested in Scholte ¶ 116. Accordingly, such a window is useful because it balances attenuation of an acoustic signal of leakage in k-space and thus would provide Li the useful and predictable benefit of extracting useful data from interaction between the acoustic signal and other media while preventing signal attenuation that could reduce the signal.
Allowable Subject Matter
Claims 5, 12, 18, 24, 25, and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 5: The prior art of record does not disclose or render obvious to the skilled artisan a calibrated model that is generated based on a distance between the acoustic transmitter and the acoustic receiver, a packing density of the material, and (emphasis added) the plurality of acoustic signal speeds through the material at known moisture levels, when considered in combination with the limitations of parent claims 1 and 4.
In particular, while the cited prior art of record discloses the features of claims 1 and 4, including an acoustic transmitter (1006 of Li; see fig. 10 and ¶ 66), an acoustic receiver, (1010 of Li; see fig. 10 and ¶ 66), and a calibrated model (see ¶ 213 of Troxler), there is no disclosure or suggestion available in the cited prior art of record that renders obvious a calibrated model that is generated based on a distance between the acoustic transmitter and the acoustic receiver, a packing density of the material, and (emphasis added) the plurality of acoustic signal speeds through the material at known moisture levels.
As to claim 12: The claim recites features similar to claim 5 and is therefore also indicated objected to as containing allowable subject matter if rewritten in independent form including the limitations of the base claim and any intervening claims (i.e. claims 8 and 11) for reasons similar to claim 5 as indicated previously above but not repeated herein for brevity.
As to claim 18: The claim recites features similar to claims 5 and 12 and is therefore also indicated objected to as containing allowable subject matter if rewritten in independent form including the limitations of the base claim and any intervening claims (i.e. claim 15) for reasons similar to claims 5 and 12 as indicated previously above but not repeated herein for brevity.
As to claim 19: The prior art of record does not disclose or render obvious to the skilled artisan a method comprising transporting the material and positioning the material between an acoustic transmitter and an acoustic receiver, when considered in combination with the limitations of parent claim 15.
In particular, while Li is considered to disclose the features of claim 15 including a material (the ambient air with the encasement as disclosed in Li ¶ 90), an acoustic transmitter (1808 or 1006 of Li; see ¶ 89), and an acoustic receiver (1810 or 1010 of Li; see ¶ 89), there is no disclosure or suggestion in Li or the other available cited prior art of record disclosing or rendering obvious the feature of transporting the material and positioning the material (emphasis added) between the acoustic transmitter and the acoustic receiver.
As to claim 24: The claim recites features similar to claims 5, 12, and 18 and is therefore also indicated objected to as containing allowable subject matter if rewritten in independent form including the limitations of the base claim and any intervening claims (i.e. claim 21) for reasons similar to claims 5, 12, and 18 as indicated previously above but not repeated herein for brevity.
As to claim 25: The prior art of record does not disclose or render obvious to the skilled artisan a method comprising transporting the material and positioning the material between an acoustic transmitter and an acoustic receiver, when considered in combination with the limitations of parent claim 21.
In particular, while Li is considered to disclose the features of claim 21 including a material (the ambient air with the encasement as disclosed in Li ¶ 90), an acoustic transmitter (1808 or 1006 of Li; see ¶ 89), and an acoustic receiver (1810 or 1010 of Li; see ¶ 89), but there is no disclosure or suggestion in Li or the other available cited prior art of record disclosing or rendering obvious the feature of transporting the material and positioning the material between the acoustic transmitter and the acoustic receiver.
As to claim 28: The prior art of record does not disclose or render obvious to the skilled artisan a method comprising controlling the plurality of moisture levels using an air flow controller, when considered in combination with the limitations of parent claim 27.
In particular, while Li is considered to disclose the features of claim 27 (see the 35 U.S.C. 102(a)(1) rejection of claim 27 above), there is no disclosure, teaching, suggestion, or motivation that would render obvious the limitation of controlling the plurality of moisture levels of Li using an air flow controller, such as required by the limitations of claim 27.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M ROYSTON whose telephone number is (571)270-7215. The examiner can normally be reached M-F 8-4:30 E.S.T..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN M ROYSTON/Examiner, Art Unit 2855