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 1 and 12 are objected to because of the following informalities:
Claim 1 lines 11-12 should read, “[…] the state lamp has a transmission window configured to diffuse light emitted from the light source in a direction intersecting the longitudinal direction.”
Claim 12 lines 10-12 should read, “[…] a lighting state of the state lamp changes according to the level range determined by the level measured based on the transmission wave and the reflected wave .
Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 8 and 16, the use of the limitation “level meter” as it refers to that which is displayed by the claimed display unit logically conflicts with the established limitation “level meter” as recited by claims 1 and 12 respectively. It is unclear then what is referred to as a “level meter” by claims 8 and 16, rendering them indefinite.
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, 7, and 9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Vanek et al. (US 20250201089 A1), hereinafter Vanek.
Regarding claim 1, Vanek teaches a level meter for measuring a level of an object, the level meter comprising:
a transmission unit transmitting a radio wave to be a transmission wave toward the object to one end side in a longitudinal direction, a reception unit receiving a reflected wave of the transmission wave reflected by the object (para. 33, “The one or more sensor[s] 305, 355 is located at the one or more above-ground storage tank[s] 310, 350. In an example, the one or more sensor[s] 305, 355 can be located at a bottom portion of an interior side of the one or more above-ground storage tank[s] 310, 350. In another example, the one or more sensor[s] 305, 355 can be located at a top portion of an exterior side of the one or more above-ground storage tank[s] 310, 350. […] The one or more sensor[s] 305, 355 can be, for example, but not limited to a liquid level sensor, a submerged hydrostatic pressure sensor, radar level sensor, ultrasonic level sensor, laser time of flight sensor, float level sensor, an H.sub.2S gas detection sensor, a temperature sensor, an oxygen level detection sensor, a local pressure sensor, a fluid flow sensor or the like.”; Fig. 4, sensor 305 transmits in a longitudinal direction), and
a state lamp having a plurality of light sources, wherein a plurality of level ranges are set for the level, a lighting state of the state lamp changes according to the level range, the level range determined by the level measured based on the transmission wave and the reflected wave, and the state lamp has a transmission window configured to diffuse light emitted from the light source in a direction intersecting the longitudinal direction (para. 34, “The length of the fluid indicator 315 may vary depending on the height of the one or more above-ground storage tank[s] 310, 350. The fluid indicator 315 includes the plurality of lights 325a-325c arranged proximate to an exterior surface of the one or more above-ground storage tank[s] 310, 350.”; para. 35, “In an embodiment, a first color of the plurality of lights 325a-325c indicates at least one of a status of the first fluid and a type of the first fluid at a first defined volume, and a second color of the plurality of lights 325a-325c indicates a status of a second fluid and a type of the second fluid at a second defined volume.”; Fig. 4, the number of lights and their colors depend on volume and kind of fluid, and emit light in a direction intersecting the longitudinal direction).
Regarding claim 7, Vanek teaches the level meter according to claim 1, comprising:
a sensor unit including the transmission unit and the reception unit (para. 33, “The one or more sensor[s] 305, 355 is located at the one or more above-ground storage tank[s] 310, 350. In an example, the one or more sensor[s] 305, 355 can be located at a bottom portion of an interior side of the one or more above-ground storage tank[s] 310, 350. In another example, the one or more sensor[s] 305, 355 can be located at a top portion of an exterior side of the one or more above-ground storage tank[s] 310, 350. […] The one or more sensor[s] 305, 355 can be, for example, but not limited to a liquid level sensor, a submerged hydrostatic pressure sensor, radar level sensor, ultrasonic level sensor, laser time of flight sensor, float level sensor, an H.sub.2S gas detection sensor, a temperature sensor, an oxygen level detection sensor, a local pressure sensor, a fluid flow sensor or the like.”), and
a remote controller communicable with the sensor unit at a position away from the sensor unit, wherein the remote controller includes a display unit configured to display according to the measured level (para. 47, “On the other hand, the controller 712 is communicatively coupled with one of a server 515 [e.g., edge server, cloud server or the like] and a user device 510 [e.g., mobile phone, laptop, smart phone, tablet, portable computer or any other computing device including similar hardened and field-specific devices] as shown in FIG. 5, where the controller 712 feeds the outputs of at least one of the one or more sensor[s] 305, 355 and the fluid indicator 315 to one of the server 515 and the user device 510 through the communications network 505. At least one of the one or more sensor[s] 305, 355 and the fluid indicator 315 may wirelessly send the exact level of the fluid in the one or more above-ground storage tank[s] 310, 350 to a web-based display [not shown] or a customer dashboard [not shown], or have a local display [not shown] that would report the exact reading of the fluid if further detail is needed to the operator through the controller 712.”), and
the state lamp is disposed on another end side in the longitudinal direction in the sensor unit (Fig. 4, fluid indicator 315 extends to another end side in the longitudinal direction as sensor 305).
Regarding claim 9, Vanek teaches the level meter according to claim 1,
wherein a lighting state of the state lamp changes by switching at least two of a state in which the light source is not emitting light, a state in which the light source emits light in a first color, a state in which the light source emits light in a color different from the first color, a state in which the light source blinks in the first color, and a state in which the light source blinks in a color different from the first color (para. 35, “In an embodiment, a first color of the plurality of lights 325a-325c indicates at least one of a status of the first fluid and a type of the first fluid at a first defined volume, and a second color of the plurality of lights 325a-325c indicates a status of a second fluid and a type of the second fluid at a second defined volume. In an example, the status can be a presence of the first fluid. In another example, the status can be an absence of the first fluid. The type of the fluid can be determined by a density of the fluid and temperature level. The first fluid is in a liquid state or a gaseous state. The boundary between fluid 360 and fluid 365 defines a first fluid boundary, and the boundary between the fluid 365 and the atmosphere 370 defines a second fluid boundary being a fluid surface. Of course the number of fluid boundaries will vary based on the number of different fluids present, particular when they have varying densities (mass/volume); for example, oil will float on water.”; para. 41, “The fluid indicator 315 may have the ability to auto-program the light colors. For example, if the fluid indicator 315 is a part of a larger monitoring system [not shown], it can change the colors of the entire length of the fluid indicator 315 to a specific color to represent a system error. Further, if the site lost AC [alternating current] power, or a pump motor tripped a breaker or entered/encountered another error preventing its operation, the fluid indicator 315 can turn all red colors. In one embodiment, this error color can alternate with the normal tank level display. The color coding of the lights of the fluid indicator 315 may be programmed via the controller 712.”; Fig. 4, lights can be not emitting light, or one of three colors).
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 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanek in view of Wilcox et al. (US 20250297882 A1), hereinafter Wilcox.
Regarding claim 2, Vanek teaches the level meter according to claim 1, but fails to teach
wherein the transmission window of the state lamp is disposed so as to surround an axis parallel to the longitudinal direction.
However, Wilcox teaches
wherein the transmission window of the state lamp is disposed so as to surround an axis parallel to the longitudinal direction (para. 7, “In examples, the smart cap device can include a base portion attached to an exterior of a container having known dimensions containing a material, an internal cavity housing a sensor to detect a level of the material within the container, and a processor and at least one memory configured to generate an alert based on the level of the material. As discussed herein, the sensor can detect the level of the material through an outer surface of the container. The sensor system may detect the level of the material using at least one of pulsed coherent radar, ultrasonic sensors, and laser time of flight.”; para. 64, “The alerts may relate to smart cap readings; provide a low level alert, a low battery alert, or an indication that a refill is needed or will be needed soon; and/or provide a safety alert. In some examples, the alert may be generated via a light source, such as an LED. The light source may be provided on, in, and/or around the smart cap device.”; Fig. 1B, sensors 130 transmit down into a container along an axis which a circular light source described in para. 64 surrounds).
Vanek and Wilcox are considered to be analogous to the claimed invention because they are in the same field of radar fill level measuring devices. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Vanek with the teachings of Wilcox with the motivation of increasing visibility of a state lamp.
Regarding claim 3, Vanek teaches the level meter according to claim 1, but fails to teach
wherein the plurality of light sources of the state lamp are spaced apart from one another along a circumferential direction around an axis parallel to the longitudinal direction.
However, Wilcox teaches
wherein the plurality of light sources of the state lamp are spaced apart from one another along a circumferential direction around an axis parallel to the longitudinal direction (para. 7, “In examples, the smart cap device can include a base portion attached to an exterior of a container having known dimensions containing a material, an internal cavity housing a sensor to detect a level of the material within the container, and a processor and at least one memory configured to generate an alert based on the level of the material. As discussed herein, the sensor can detect the level of the material through an outer surface of the container. The sensor system may detect the level of the material using at least one of pulsed coherent radar, ultrasonic sensors, and laser time of flight.”; para. 64, “The alerts may relate to smart cap readings; provide a low level alert, a low battery alert, or an indication that a refill is needed or will be needed soon; and/or provide a safety alert. In some examples, the alert may be generated via a light source, such as an LED. The light source may be provided on, in, and/or around the smart cap device.”; Fig. 1B, smart cap 100 is circular; a circular lighting fixture comprised of LEDs involves a plurality of light sources spaced around a circumferential direction).
Vanek and Wilcox are considered to be analogous to the claimed invention because they are in the same field of radar fill level measuring devices. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Vanek with the teachings of Wilcox with the motivation of increasing visibility of a state lamp.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Vanek in view of Liu et al. (CN 114250838 A), hereinafter Liu.
Regarding claim 5, Vanek teaches the level meter according to claim 1, but fails to teach comprising:
a sensor unit disposed on one end side in the longitudinal direction, and
a housing disposed on another end side in the longitudinal direction,
wherein the sensor unit includes the transmission unit and the reception unit,
the housing includes a display unit configured to display according to the measured level, and
the state lamp is disposed on another end side in the longitudinal direction of the display unit in the housing.
However, Liu teaches comprising:
a sensor unit disposed on one end side in the longitudinal direction (Fig. 2, radar sensor 2), and
a housing disposed on another end side in the longitudinal direction (Fig. 2, electric control box 12, furthermore both liquid level display panel 8 and feces collection system controller 10 have respective housings on the other end side in the longitudinal direction),
wherein the sensor unit includes the transmission unit and the reception unit (para. 37, “The radar wave emitted by the radar level sensor 2 enters the interior of the waste tank body 1 through the viewing window 3. When the radar wave comes into contact with the surface of the wastewater, it is reflected. After receiving the reflected radar wave, the radar level sensor 2 can obtain the corresponding liquid level information.”),
the housing includes a display unit configured to display according to the measured level (Fig. 2, liquid level display panel 8), and
the state lamp is disposed on another end side in the longitudinal direction of the display unit in the housing (Figs. 1 and 2, feces collection system controller is on another end side in the longitudinal direction of the display unit).
Vanek and Liu are considered to be analogous to the claimed invention because they are in the same field of radar fill level measuring devices. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Vanek with the teachings of Liu through the simple substitution of Vanek’s remote display with the integrated display of Liu.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Vanek in view of Walde et al. (US 20220082426 A1), hereinafter Walde.
Regarding claim 10, Vanek teaches the level meter according to claim 1, but fails to teach comprising:
a dielectric lens guiding the transmission wave toward the object.
However, Walde teaches comprising:
a dielectric lens guiding the transmission wave toward the object (para. 21, “ In the radar fill level measuring device 100 shown in FIG. 1a, the HF unit 105 is coupled to a horn antenna 102, at the front end of which a dielectric lens 103 is arranged in the main emission direction H.”).
Vanek and Walde are considered to be analogous to the claimed invention because they are in the same field of radar fill level measuring devices. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Vanek with the teachings of Walde with the motivation that dielectric lens enhance antenna gain and directivity.
Regarding claim 11, Vanek teaches the level meter according to claim 1, but fails to teach comprising:
a horn antenna guiding the transmission wave toward the object.
However, Walde teaches comprising:
a horn antenna guiding the transmission wave toward the object (para. 21, “ In the radar fill level measuring device 100 shown in FIG. 1a, the HF unit 105 is coupled to a horn antenna 102, at the front end of which a dielectric lens 103 is arranged in the main emission direction H.”).
Vanek and Walde are considered to be analogous to the claimed invention because they are in the same field of radar fill level measuring devices. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Vanek with the teachings of Walde with the motivation that horn antennas enhance antenna gain and directivity.
Allowable Subject Matter
Claims 4 and 6 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.
Claims 12-15 and 17-19 are allowed. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 12, Vanek teaches a level meter for measuring a level of an object, the level meter comprising:
a transmission unit transmitting a radio wave to be a transmission wave toward the object to one end side in a longitudinal direction, a reception unit receiving a reflected wave of the transmission wave reflected by the object (para. 33, “The one or more sensor[s] 305, 355 is located at the one or more above-ground storage tank[s] 310, 350. In an example, the one or more sensor[s] 305, 355 can be located at a bottom portion of an interior side of the one or more above-ground storage tank[s] 310, 350. In another example, the one or more sensor[s] 305, 355 can be located at a top portion of an exterior side of the one or more above-ground storage tank[s] 310, 350. […] The one or more sensor[s] 305, 355 can be, for example, but not limited to a liquid level sensor, a submerged hydrostatic pressure sensor, radar level sensor, ultrasonic level sensor, laser time of flight sensor, float level sensor, an H.sub.2S gas detection sensor, a temperature sensor, an oxygen level detection sensor, a local pressure sensor, a fluid flow sensor or the like.”; Fig. 4, sensor 305 transmits in a longitudinal direction), and
a state lamp having a plurality of light sources and has a transmission window configured to diffuse light emitted from the light sources, wherein a plurality of level ranges are set for the level, a lighting state of the state lamp changes according to the level range determined by the level measured based on the transmission wave and the reflected wave (para. 34, “The length of the fluid indicator 315 may vary depending on the height of the one or more above-ground storage tank[s] 310, 350. The fluid indicator 315 includes the plurality of lights 325a-325c arranged proximate to an exterior surface of the one or more above-ground storage tank[s] 310, 350.”; para. 35, “In an embodiment, a first color of the plurality of lights 325a-325c indicates at least one of a status of the first fluid and a type of the first fluid at a first defined volume, and a second color of the plurality of lights 325a-325c indicates a status of a second fluid and a type of the second fluid at a second defined volume.”; Fig. 4, the number of lights and their colors depend on volume and kind of fluid, and emit light in a direction intersecting the longitudinal direction), but fails to teach
the transmission unit, the reception unit, and the light source of the state lamp are provided on a common sensor board,
the transmission unit and the reception unit are disposed on a surface of the sensor board on one end side in the longitudinal direction, and
the light source of the state lamp is disposed on a surface of the sensor board on another end side in the longitudinal direction.
Allowance of claim 12 is indicated because none of the prior art made of record teach or suggest its subject matter. The prior art made of record does not anticipate or render fairly obvious in combination to teach all of the additional limitations of the claimed invention as best understood within
the context of Applicant’s claimed invention as a whole, such as:
the transmission unit, the reception unit, and the light source of the state lamp are provided on a common sensor board,
the transmission unit and the reception unit are disposed on a surface of the sensor board on one end side in the longitudinal direction, and
the light source of the state lamp is disposed on a surface of the sensor board on another end side in the longitudinal direction.
As such, claim 12 is allowed. Claims 13-15 and 17-19 are allowed due to their dependence on allowed independent claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC K HODAC whose telephone number is (571) 270-0123. The examiner can normally be reached M-Th 8-6.
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/ERIC K HODAC/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648