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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims
particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “an electrode” and “a plurality of grid sensor units” where the grid structurally and functionally requires a pair of electrodes (110 & 150) [0040] with a group of sensor elements attached to at least one electrode.
Claim 1 recites “a reference element … which represents an interference from the fluid guided in the fluid guide region on an electrical characteristic of the electrode” which is unclear as “an interference” requires a function or measurement of the sensor is affected but the process nor a measurement is defined. Looking to the specification [0020: According to various aspects, a device is provided that may be used to correct the energy losses in receiving wires of a grid sensor. For example, this may enable measurement of conductive and/or highly conductive liquids].
Claim 1 recites “a reference element that is associated with the electrode, is connected to the electrode, and is configured to provide a reference signal which represents an interference from the fluid guided in the fluid guide region on an electrical characteristic of the electrode” which is unclear as to what is required of the reference signal to “represent an interference from the fluid guided in the fluid guide region” all that seems to be claimed is a reference element with a reference signal which represents an electrical characteristic of the electrode. Looking to the specification [0030: represents a calibration interference from exactly one fluid of one or more fluids on a group of sensors, wherein the first reference value represents a first interference on the group of sensors by the one or more fluids, wherein each measured value of the first group of measured values represents a property of the one or more fluids and the first interference on the group of sensors]. It seems the interference is from other fluids among a plurality of fluid types or fluid in a multiphase fluid present with the monitored fluid’s properties].
All dependent claims are rejected for their dependence on a rejected base claim.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 & 3-18 are rejected under 35 U.S.C. 102 (a)(1&2) as being anticipated by Schleicher (US 20160011136: “Schleicher”).
Claim 1 (as best interpreted). Schleicher discloses a grid sensor (Fig. 2: 1) comprising: a fluid guide region (Fig. 2: inside area of 1); and a plurality of grid sensor units (Fig. 2: each row 3a with attached sensors 4), each of the plurality of grid sensor units (Fig. 2: each row 3a with attached sensors 4) comprising: a group of sensor elements (Row of electrodes 4 on each 3a electrode line) configured to generate measurement signals representing one or more properties of a fluid guided [0015: The electrical capacitance (or permittivity) of the medium between the transmitter electrodes (3a) and the receiver electrodes (3b) is measured in each individual intersection (4) of the electrode grid] in the fluid guide region (Fig. 2: inside area of 1)[0014-0015]; an electrode (3a), wherein the sensor elements (Fig. 2: multiple sensors 4 on each electrode line row 3a) of the group of sensor elements (Fig. 2: multiple sensors 4 on each electrode line row 3a) are connected to the electrode (3a) for operating the sensor elements (4) of the group of sensor elements (Fig. 2: multiple sensors 4 on each electrode line row 3a); and a reference element (8-10) that is associated with the electrode (3a), is connected to the electrode (10 connected separately to each row of electrodes 3a), and is configured to provide a reference signal (feedback signal 6 from 10 fed to output 3b for feedback excitation signal into 8 & 9) which represents an interference from the fluid (signal in air) guided in the fluid guide region (1) on an electrical characteristic of the electrode [0029: calibration values of permittivity created by use of a reference signal 6 voltage compensation].
Claim 3. Dependent on the grid sensor according to claim 1. Schleicher further discloses the sensor elements (4) of the group of sensor elements (sensors 4 along each electrode 3a) comprise one or more capacitance sensors [0018: A novel feature of the invention is the option of a quick two-dimensional measurement of the distribution of non-conductive, as well as conductive and/or highly conductive components in the cross section of a multiphase flow, which, for the first time, allows the measurement of phase fractions and distributions in saltwater oil-gas mixtures] & [0020-0021].
Claim 4. Dependent on the grid sensor according to claim 1. Schleicher further discloses the reference signal (feedback 6 from 10 to 8 & 9) represents one or more of the following: a reference voltage (Fig.3) [0020-0022].
Claim 5. Dependent on the grid sensor according to claim 1. Schleicher further discloses the reference element (10 when configured to output a feedback excitation signal to the microcontroller) is configured to output a predefined output signal (feedback 6 from 10 to 8 & 9), wherein the predefined output signal (feedback 6 from 10 to 8 & 9) is independent of a fluid guided in the fluid guide region (1)[0014-0015], and wherein the reference signal (feedback 6 from 10 to 8 & 9) is the predefined output signal modified by the interference (transmission through air) from the fluid guided in the fluid guide region (1) on an electrical characteristic of the electrode (3b output from fluid)[0029].
Claim 6. Dependent on the Grid sensor according to claim 5. Schleicher further discloses the reference element (8-10) is arranged outside the fluid guide region (1) for avoiding an influence (Fig. 2: elements 8-10) of the fluid guided in the fluid guide region (1) on the predefined output signal output by the reference element (10)[0017].
Claim 7. Dependent on the grid sensor according to claim 1. Schleicher further discloses the reference (10) element is shielded (5) from a fluid guided in the fluid guide region by means of a shield (Fig. 1 shield surrounds the electrodes 3a & 3b).
Claim 8. Dependent on the Grid sensor according to claim 1. Schleicher further discloses the grid sensor (1) is configured such that the reference signal (Fig. 3: excitation signal 6 tied back to microprocessor 9) corresponds to a predefined output signal (6) of the reference element (10) when there is no interference from the fluid on the electrical characteristic of the electrode [Elements 6-10 are isolated from 3a & 3b], and such that the reference signal corresponds to a superposition of the predefined output signal of the reference element (Fig. 3: excitation signal 6 tied back to microprocessor 9) with one or more interference signals if one or more interferences on the electrical characteristics of the electrode are present (Fig. 3) [0017] & [0029: a calibration with a known medium, such as water or air, is needed. The geometry factor is determined from this calibration. Consequently, the relative permittivity ∈.sub.rel can be determined from the measurement in this way].
Claim 9. Dependent on the grid sensor system comprising: a grid sensor (1) according to claim 1. Schleicher further discloses a determining device (9) configured to determine the reference signal and to determine the measurement signals (8 & 9) [0016-0018], wherein one measurement signal of each of the measurement signals [0016-0018] is assigned to a sensor element (4) 3aof the group of sensor elements (row 4 attached to each electrode 3a)[0016-0018].
Claim 10. Dependent on the grid sensor system according to claim 9. Schleicher further discloses the determining device (9) is configured to determine a calibration value [0029] in a calibration measurement based on the reference signal (6 feedback excitation signal used in creating calibration values), wherein the calibration value [0029] represents a state of the grid sensor (1) in which a first fluid completely fills the fluid guide region of the grid sensor (1) [0029].
Claim 11. Dependent on the grid sensor system according to claim 10. Schleicher further discloses the determining device (4) is configured to determine, in a first measurement, a first reference value (Fig. 3) based on the reference signal [6] and first measurement values based on the measurement signals [0016-0017], wherein the first reference value and the first measurement values represent a state of the grid sensor (Fig. 3) in which at least a second fluid [0029: oil and water] in addition to the first fluid [0029: air] is present in the fluid guide region of the grid sensor (1), and wherein the first fluid and the second fluid differ from each other by more than 1% in at least one of the one or more properties [0029: The advantage of the exponential correlation, is that even small changes e.g. air (∈.sub.rel=1) and oil (∈.sub.rel=2 to 3) are easy to distinguish from one another, even in the presence of water (∈.sub.rel=80) without going under in the dynamic range].
Claim 12. Dependent on the Grid sensor system according to claim 10. Schleicher further discloses wherein the determining device [0027: microprocessor] is configured to determine, in a first measurement [0016-0017], a first reference value based on the reference signal and first measurement values based on the measurement signals [0027: The measurement scheme of the sensor outlined in FIG. 1 and FIG. 2 is as follows: By a controller or microprocessor (9) intended for control, the rectangular or trapezoidal voltage signal of the frequency generator (6) is successively switched to the individual transmitter electrodes (3a) via the multiplexer (10)], wherein the first reference value and the first measurement values [0027: each electrode 3a with its sensors 4 are a group] represent a state of the grid sensor (4) in which a second fluid completely fills the fluid guide region of the grid sensor [0016-0017], wherein the first fluid [0029: air] and the second fluid [0029: oil and water] differ from each other by more than 1% in at least one of the one or more properties [0029: The advantage of the exponential correlation, is that even small changes e.g. air (∈.sub.rel=1) and oil (∈.sub.rel=2 to 3) are easy to distinguish from one another, even in the presence of water (∈.sub.rel=80) without going under in the dynamic range].
Claim 13. Dependent on the Grid sensor system according to claim 11. Schleicher further discloses a second fluid [0029: oil (∈.sub.rel=2 to 3) are easy to distinguish from one another, even in the presence of water (∈.sub.rel=80)] comprising a greater relative permittivity than the first fluid [0029 air (∈.sub.rel=1)].
Claim 14. Dependent on the grid sensor system according to claim 11, Schleicher further discloses the second fluid is a liquid [0029 oil and water] and the first fluid is a gas [0029 air].
Claim 15. Dependent on the Grid sensor system according to claim 11. Schleicher further discloses a calculation device [0027: microprocessor] which is configured to: calculate a correction value for correcting the interference based on the calibration value and the first reference value [0029]; and calculate corrected first measured values based on the first measured values and the correction value [0029].
Claim 16. Dependent on the grid sensor system according to claim 11. Schleicher further discloses a calculation device (8 & 9) configured to calculate a correction value for correcting the interference based on the calibration value and the first reference value [0029], and to calculate corrected first measured values [0017-0018] based on the first measured values and the correction value [0029].
Claim 17. Schleicher discloses an evaluation device (8 & 9) comprising: an input interface [0026: current-voltage converter (7). Analog-to-digital converters (8) are connected to the current-voltage converters (7) to record the step response that, synchronized with the aid of a control unit (9), at a defined time t.sub.samp after the excitation flank has occurred, record the current value of the voltage profile at the current-voltage converter (7)] configured to receive measurement data and reference data from a grid sensor (1)[0026] according to claim 1, wherein the grid sensor (1) may be at least partially surrounded by one or more fluids [0002] & [0016] [0021], wherein the measurement data represents at least one property of the one or more fluids[0016: measure the electrical capacitance (or permittivity) (FIG. 2) of the medium in each intersection (4), the associated transmitter electrode (3a) is charged with AC voltage by means of a frequency generator (6), while all other transmitter electrodes are switched to ground] and comprises an interference from the one or more fluids on the grid sensor (1)[0029], and wherein the reference data represents the interference from the one or more fluids on the grid sensor (1)[0029]; one or more processors (9)[0027], configured to perform a measurement value correction to create corrected measurement data based on the measurement data and the reference data [0028-0030], wherein the measured value correction corrects the interference from the one or more fluids [0022: The phase distribution in a pipe with oil and salt water can therefore not be determined with a conventional conductivity sensor or with a capacitively measuring grid sensor. The arrangement according to the invention, however, allows the measurement of the phase distribution in such cases] on the grid sensor (1)[0029] an output interface for outputting the corrected measurement data [0017: the output voltage of the current-voltage converter (7) is digitized by means of an analog-to-digital converter (8) and recorded electronically. A control unit (9), e.g. a microcontroller, is used to synchronize the excitation pulse and the analog-to-digital conversion temporally], which represents at least one property of the one or more fluids and is independent of the interference from the one or more fluids on the grid sensor [0029].
Claim 18. Dependent on a non-transitory computer-readable medium [0017: and recorded electronically. A control unit (9), e.g. a microcontroller, is used to synchronize the excitation pulse and the analog-to-digital conversion temporally] comprising instructions [0027: The measurement scheme of the sensor outlined in FIG. 1 and FIG. 2 is as follows: By a controller or microprocessor (9) intended for control, the rectangular or trapezoidal voltage signal of the frequency generator (6) is successively switched to the individual transmitter electrodes (3a) via the multiplexer (10)] that, when executed, cause one or more processors (9)[0027] to execute the following: load a data set determined by a grid sensor according to claim 1. the data set comprises a calibration value [0029], a first group of measured values [0016: the step response function of the capacitive displacement current flowing through the study medium at the intersection (4) is acquired], and a first reference value [0017: on the flank of the excitation signal depends on the gain-bandwidth product ] wherein the calibration value represents a calibration interference [0029: a water, air or oil can be distinguished] from exactly one fluid of one or more fluids on a group of sensors (sensors 4 attached on a 3a electrode), wherein the first reference value represents a first interference on the group of sensors by the one or more fluids [0029], wherein each measured value of the first group of measured values [0016: measure the electrical capacitance (or permittivity) (FIG. 2) of the medium in each intersection (4), the associated transmitter electrode (3a) is charged with AC voltage by means of a frequency generator (6), while all other transmitter electrodes are switched to ground] represents a property of the one or more fluids and the first interference on the group of sensors [0017], and wherein each measured value of the first group of measured values is assigned to one sensor of a group of sensors [0016: To measure the electrical capacitance (or permittivity) (FIG. 2) of the medium in each intersection (4), the associated transmitter electrode (3a) is charged with AC voltage by means of a frequency generator (6), while all other transmitter electrodes are switched to ground]; and determine a correction value from the calibration value and the first reference value [0029: permittivity value for each air, oil and water is determined individually and used to correct or calibrate readings] d; and correct each measured value of the first group of measured values using the correction value [0029].
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, 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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Schleicher (US 20160011136: “Schleicher”) in view of Martin (US 20180245963: “Martin”).
Claim 2. Dependent on the grid sensor according to claim 1. Schleicher further discloses the one or more properties of the fluid may comprise one or more of the following: an electrical conductivity; a temperature; and a pressure.
Martin teaches grid sensor system is suitable for example for industrial applications for use at high temperatures and pressures, and may be used for example for investigating gas and liquid flows, in particular multiphase fluid flows [0001]. Martin further teaches the one or more properties of the fluid may comprise one or more of the following: an electrical conductivity [0004: The measurement principle may therefore be based for example on the spatially and temporally highly resolved measurement of the electrical conductivity or permittivity of the flow medium in a measuring grid which consists of two planes (transmitting plane and receiving plane)].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Martin’s conductive grid sensors as Schleicher’s permittivity sensors because measuring a conductance property of a fluid improves the analysis of the fluids for characterizing installations in which fluid flows are present at high temperatures and pressures [Martin 0017].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST.
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/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855