Prosecution Insights
Last updated: July 05, 2026
Application No. 18/576,702

SENSOR DEVICE FOR CAPTURING SENSOR INFORMATION DESCRIBING THE FILL LEVEL OF A MEDIUM IN A CONTAINER

Final Rejection §103
Filed
Jan 04, 2024
Priority
Jul 05, 2021 — DE 10 2021 117 316.7 +2 more
Examiner
NGUYEN, QUANG X.L.
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Bedia Motorentechnik GmbH & Co. Kg
OA Round
2 (Final)
47%
Grant Probability
Moderate
3-4
OA Rounds
9m
Est. Remaining
60%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allowance Rate
226 granted / 478 resolved
-20.7% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
21 currently pending
Career history
505
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
89.0%
+49.0% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 478 resolved cases

Office Action

§103
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 Objections Claims 5-6 are objected to because of the following informalities: Claim 5, lines 2 and 5 recite “a cone surface”, which appears to refer back to the disclosed feature in claim 1. Thus, it is suggested that Applicant amend the limitations of claim 5 to --the cone surface-- to maintain consistency between the claims. Claim 6, line 2 recites “a cone”, which appears to refer back to the disclosed feature in claim 1. Thus, it is suggested that Applicant amend the limitation of claim 6 to --the cone -- to maintain consistency between the claims. Appropriate correction is required. 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. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Publication 2019/0063648; IDS dated 01/04/2024) in view of Kathan (US Patent 6,112,592). With regards to claim 1, Chen discloses (a) sensor device for acquiring filling level information describing the filling level of a medium in a container ([0018]), comprising: a housing means (including 120; [0021]) and a sensor means (including 112; [0020-0021]) that can be or is fastened to the housing means (including 120) and is intended for acquiring filling level information describing the filling level of a medium ([0018]) in a container, wherein: the housing means (including 120, 138A; FIG. 1-2) comprises a fastening region (including 152, 160; FIG. 2) for fastening the sensor means ([0030]), which region comprises a first fastening portion (including 152) for forming a threaded connection with a corresponding first fastening portion (154) of the sensor means (including 112; FIG. 2; [0030-0032]), and a second fastening portion (including 160) separate from the first fastening portion for forming a press-fit connection ([0033-0036]), with a corresponding second fastening portion (162) of the sensor means (FIG. 2; [0035]); and/or the sensor means comprises a fastening region for fastening the housing means, which region comprises a first fastening portion for forming a threaded connection with a corresponding first fastening portion of the housing means, and a second fastening portion separate from the first fastening portion for forming a press-fit connection, with the corresponding second fastening portion of the housing means. However, Chen is silent regarding the press-fit connection is a cone-press-fit connection, wherein the second fastening portion of the fastening region of the housing means is formed by a cone surface that widens in the axial direction, with respect to a symmetry or central axis of the housing means, and wherein the second fastening portion of the fastening region of the sensor means is formed by a corresponding cone surface that tapers in the axial direction, with respect to a symmetry or central axis of the sensor means. Kathan teaches a sensor housing comprising a press-fit connection (abstract). Kathan further teaches the press-fit connection is a cone-press-fit connection (including 12; col. 3, lines 21-42; FIG. 2 and 4), wherein the second fastening portion of the fastening region of the housing means (3) is formed by a cone surface that widens in the axial direction (see lower areas of FIG. 5), with respect to a symmetry or central axis of the housing means (col. 4, lines 5-26; FIG. 5), and wherein the second fastening portion of the fastening region of the sensor means (2) is formed by a corresponding cone surface that tapers in the axial direction (see 12 of FIG. 4), with respect to a symmetry or central axis of the sensor means (col. 3, lines 21-42; FIG. 2, 4). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to replace one known type of press-fit connection as taught by Chen with another type of known type of press-fit connection (cone shaped) as taught by Kathan with reasonable expectation of press-fitting the connection (col. 3, lines 21-42; Kathan) as originally intended. With regards to claim 2, Chen, as modified by Kathan, teaches (citations to Chen unless specified otherwise) (the) sensor device according to claim 1, wherein the housing means (including 120; FIG. 1) comprises a main body (138A; FIG. 2) having a symmetry or central axis (FIG. 2), wherein the fastening region (including 152, 160; FIG. 2) is arranged or formed in the region of a free end of the main body (bottom portion of 138A); and/or the sensor means comprises a main body having a symmetry or central axis, wherein the fastening region is arranged or formed in the region of a free end of the main body. With regards to claim 3, Chen, as modified by Kathan, teaches (citations to Chen unless specified otherwise) (the) sensor device according to claim 2, wherein the first fastening portion (including 152) of the fastening region (including 152, 160; FIG. 2) of the housing means (including 138A; FIG. 2) is arranged or formed in the region of the free end of the main body (bottom portion of 138A; FIG. 2) of the housing means (including 120), and the second fastening portion (including 160) of the fastening region of the housing means is arranged or formed, in relation to the free end, so as to be offset in the direction of another free end (FIG. 2), and/or the second fastening portion (3.2.2) of the fastening region (3.2) of the sensor means (3) is arranged or formed in the region of the free end of the main body (3.3) of the sensor means (3), and the first fastening portion (3.2.1) of the fastening region (3.2) of the sensor means (3) is arranged or formed, in relation to the free end, so as to be offset in the direction of another free end. With regards to claim 4, Chen, as modified by Kathan, teaches (citations to Chen unless specified otherwise) (the) sensor device according to claim 1, wherein the first fastening portion (including 152) of the fastening region of the housing means (including 138A; FIG. 2) is formed by an internal thread or an internal thread portion (FIG. 2), and the first fastening portion (154) of the fastening region of the sensor means is formed by an external thread or an external thread portion (see FIG. 2). With regards to claim 5, Chen, as modified by Kathan, teaches (citations of Kathan unless specified otherwise) (the) sensor device according to claim 1, wherein the second fastening portion of the fastening region of the housing means (3) is formed by a cone surface that widens in the axial direction (see lower areas of FIG. 5), with respect to a symmetry or central axis of the housing means (col. 4, lines 5-26; FIG. 5), and wherein the second fastening portion of the fastening region of the sensor means (2) is formed by a cone surface that tapers in the axial direction (see 12 of FIG. 4), with respect to a symmetry or central axis of the sensor means (col. 3, lines 21-42; FIG. 2, 4). With regards to claim 6, Chen, as modified by Kathan, teaches (citations of Kathan unless specified otherwise) (the) sensor device according to claim 5, wherein half the opening angle of a cone of the housing means (lower areas of 3 of FIG. 5; col. 4, lines 5-26; FIG. 5) and/or of the sensor means (12 of FIG. 4; col. 3, lines 21-42) defined by cone surfaces is in a range between 0.1 and 90° (FIG. 4-5). With regards to claim 7, Chen, as modified by Kathan, teaches (citations to Chen unless specified otherwise) (the) sensor device according to claim 1, wherein the first fastening portion (including 152) of the fastening region of the housing means (including 120) adjoins the second fastening portion (including 160) of the fastening region of the housing means (see FIG. 2, 152 and 160 are adjacent to one another), , and/or the first fastening portion of the fastening region of the sensor means adjoins the second fastening portion of the fastening region of the sensor means,. With regards to claim 8, Chen, as modified by Kathan, teaches (citations to Chen unless specified otherwise) (the) sensor device according to claim 1, wherein the first fastening portion (including 152) of the fastening region of the housing means (2) adjoins the second fastening portion (including 160) of the fastening region of the housing means (FIG. 2) with interposition of a third fastening portion (including 164) that extends radially inwards with respect to a symmetry or central axis of the housing means (FIG. 2), and/or the first fastening portion of the fastening region of the sensor means adjoins the second fastening portion of the fastening region of the sensor means with interposition of a third fastening portion that extends radially inwards with respect to a symmetry or central axis of the sensor means. With regards to claim 9, Chen, as modified by Kathan, teaches (citations to Chen unless specified otherwise) (the) sensor device according to claim 1, wherein the fastening region of the housing means is arranged or formed on a flange-like portion (where 182 or 184 located) of the housing means (FIG. 2 and 6), wherein the flange- like portion has elastic/resilient properties ([0041]; FIG. 2 and 6). With regards to claim 10, Chen, as modified by Kathan, teaches (citations to Chen unless specified otherwise) (the) sensor device according to claim 1, wherein the sensor means (including 112) has a length-to-diameter ratio of at least 2:1 (see FIG. 2-3). With regards to claim 11, Chen, as modified by Kathan, teaches (citations to Chen unless specified otherwise) (a) device for determining the filling level of a medium in a container, comprising a sensor device according to claim 1 (see claim 1 above) and an evaluation means (136A) which is designed for evaluating sensor information that can be or is delivered by the sensor means of the sensor device (including 112) and is designed for generating filling level information that describes a current or future filling level of a medium in the respective container ([0018]). Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG X.L NGUYEN whose telephone number is (571)272-1585. The examiner can normally be reached Monday-Friday 9AM-5PM. 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, STEPHEN D. MEIER can be reached at (571) 272-2149. 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. /QXN/Examiner, Art Unit 2853 /STEPHEN D MEIER/Supervisory Patent Examiner, Art Unit 2853
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Prosecution Timeline

Jan 04, 2024
Application Filed
Dec 17, 2025
Non-Final Rejection mailed — §103
Mar 16, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
47%
Grant Probability
60%
With Interview (+12.6%)
3y 3m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 478 resolved cases by this examiner. Grant probability derived from career allowance rate.

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