Prosecution Insights
Last updated: October 02, 2026
Application No. 18/673,029

MEASURING SYSTEM AND METHOD COMPRISING AN ENERGY MANAGEMENT ARRANGEMENT

Final Rejection §103§112
Filed
May 23, 2024
Priority
May 25, 2023 — DE 10 2023 113 818.9
Examiner
NIA, FATEMEH ESFANDIARI
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Vega Grieshaber KG
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
176 granted / 246 resolved
+3.5% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
36 currently pending
Career history
280
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
54.2%
+14.2% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 246 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Response to Amendment / Arguments The response and amendments, filed 7/9/26, has been entered. Claims 1,4-9,11-20 are pending upon entry of this Amendment. The previous objections and 112 rejections are withdrawn due to amendment, unless cited in this action. Applicant’s arguments regarding the prior art rejections of claims have been fully considered but are moot as amended necessitated new ground of rejection over Whitlock, US20100212717A1. 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 1,4-9,11-20 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. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. V. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). Independent Claims recites “ light collecting circuit”, a light collecting unit is defined by its function (collecting light), while circuit and circuitry imply a particular type of structure, i.e., an electrical or electronic implementation. For example: Light collecting unit = lens + waveguide + mirror, but Light collecting circuit is not ordinarily understood, In patent examination, a "unit" is often interpreted broadly as a module, assembly, device, or subsystem, but not automatically as a circuit or circuitry unless the specification indicates that the unit is implemented electronically. specification repeatedly describes only optical components, but never explains why they are called a "circuit." Since "circuit" ordinarily refers to an electrical circuit, a skilled artisan may be uncertain whether the claim requires electrical circuitry, optical components, or both. Therefore, independent claims are indefinite. for examination “the light collection circuit” is interpreted as “the light collection unit” . Remaining claims are rejected at least due to their dependencies. 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, 4-5,8-9, 11-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over KRAMER, DE102020121206A1 in view of Whitlock, US20100212717A1 and Yang, US 20180227133 A1. Claim 1 KRAMER in figs.1-5 teaches: A measuring system 1,20,25 configured to measure at least one of a filling level, a limit level or a pressure (¶0040), comprising: a measurement sensor (4) having an operating mode (measuring mode vs standby mode e.g., ¶0019,0041); and energy management circuitry having a control device (13,7,6 e.g.,¶0035) and being configured to control a power supply for the measurement sensor (e.g., ¶0016¶0017), wherein the control device of the energy management circuitry 13,6,7 is coupled (via 17,18, 12 e.g.,¶0046,0051) to the measurement sensor 4 and is configured to: activate the operating mode (e.g., ¶0041,0045) of the measurement sensor 4 in an event-oriented manner, and/or generate electrical energy (¶0044,0050 E via 7) for operating the measurement sensor 4 in the operating mode (¶0044), and/or supply (¶0044,0050 via 7) the measurement sensor 4 with the generated electrical energy in the operating mode (¶0050), wherein the energy management circuitry 13,6,7 further includes solar harvesting circuitry (13/7 from 9) as a first supply circuit, and wherein the solar harvesting circuitry 13/7 is further configured to supply the measurement sensor 4 with the electrical energy in the operating mode (e.g., ¶0041). KRAMER does not teach wherein the solar harvesting circuitry of the energy management circuitry further includes a light collecting circuit arranged to collect and/or concentrate light energy, an optical waveguide and a solar cell arranged to generate the electrical energy from the light energy, and wherein the optical waveguide is arranged between the light collecting circuit and the solar cell and is configured to guide the light energy from the light collecting circuit to the solar cell, and wherein the measurement sensor is arranged inside a container and/or at a dark measuring point. In the similar field of endeavor, Whitlock in e.g., fig.1 teaches the solar harvesting circuitry of the energy management circuitry further includes a light collecting circuit 22 arranged to collect and/or concentrate light energy, an optical waveguide 12 and a solar cell 18 arranged to generate the electrical energy from the light energy (PV cells), and wherein the optical waveguide 12 is arranged between the light collecting circuit 22 and the solar cell 18 and is configured to guide the light energy from the light collecting circuit 22 to the solar cell 18. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Whitlock‘s light collecting circuit for KRAMER‘s solar harvesting circuitry of the energy management circuitry. One of ordinary skill in the art knows waveguides configured to receive and direct incident solar radiation (Whitlock ¶0022) would have been motivated to make this modification in order to desired direction to the PV cells (Whitlock ¶0023). The modified KRAMER does not teach and wherein the measurement sensor is arranged inside a container and/or at a dark measuring point. In the similar field of endeavor, Yang teaches arranging a measuring sensor 200 with an operating mode inside a container (e.g., fig.3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Yan‘s container for KRAMER ‘s measuring sensor. One of ordinary skill in the art would have been motivated to make this modification in order to protect sensor. Claim 4 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 1, Whitlock teaches wherein the light collecting circuit 22 is arranged at a distance from the solar cell 18, for the same reason and motivation as cited above. Claim 5 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 1, Whitlock teaches wherein the light collecting circuit 22 includes a lens (In general, a lens is any piece of transparent material with at least one curved surface) for the same reason and motivation as cited above. Claim 8 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 1, KRAMER teaches wherein the solar cell (photovoltaic arranged at the measuring sensor 4 or wherein the solar cell is integrated in the measuring sensor 4 (see KRAMER disclosure for photovoltaic accumulators and sensor: several photovoltaic modules is selected in such a way that the entire electrical energy supply of the measuring device can be provided with it is. In particular, a buffer store such as a storage capacitor or battery can be dispensed with in the measuring sensor). Claim 9 KRAMER in view of Whitlock and Yang teaches the teaches the measuring system according to claim 1, Whitlock teaches wherein the optical waveguide 12 is flexible and/or elongated (elongated) in order to direct solar radiation to PV cell.. Claim 11 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 1, KRAMER further teaches wherein the control device of the energy management circuitry is configured to activate the operating mode of the measurement sensor at a predefined time interval (e.g.,¶0019,¶0041 e.g., time interval between two standby) . Claim 12 KRAMER in view of Whitlock and Yang in view of Whitlock and Yang teaches the measuring system according to claim 1, KRAMER further teaches wherein the energy management circuitry further includes a second supply circuit (e.g., battery operation of the measuring device ¶0005) which is configured to supply the measuring sensor 100 with current (¶0017: measuring device can be operated even when no sunlight shines on the detection field). Claim 13 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 12, KRAMER further teaches wherein the second supply circuit is a battery or an accumulator (accumulator ¶0017). Claim 14 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 12, KRAMER further teaches wherein the measuring sensor has a sleep mode (standby mode e.g., ¶0019), wherein the measuring sensor 4 is further configured to be de-energized in an idle mode or to be supplied with the second supply circuit (e.g., ¶0019,0041,0044: the measuring sensor is no longer supplied with electrical energy in this case), and wherein the control device of the energy management circuitry 13 is configured to de-energize the measurement sensor 4 in the sleep mode (¶0041). Claim 15 KRAMER teaches : Energy management circuitry 1,20,25 for a measuring system 4, comprising: a measuring sensor 4 configured to measure at least one of a level, a limit level or a pressure (e.g., ¶0040); and a control device 13 configured to activate (¶0041) an operating mode (e.g., ¶0041,0045) of the measuring sensor 4 and/or to control a power supply (¶0044,0050 via 7) for the measuring sensor 4, wherein the control device 13 is further configured to couple (e.g., 12, 17,18) with the measuring sensor 4 and to activate the operating mode of the measuring sensor in an event-oriented manner (¶0041,0045,0046,0050,0051). wherein the energy management circuitry 13,6,7 further includes solar harvesting circuitry (13/7 from 9) as a first supply circuit, and wherein the solar harvesting circuitry 13/7 is further configured to supply the measurement sensor 4 with the electrical energy in the operating mode (e.g., ¶0041). KRAMER does not teach wherein the solar harvesting circuitry of the energy management circuitry further includes a light collecting circuit arranged to collect and/or concentrate light energy, an optical waveguide and a solar cell arranged to generate the electrical energy from the light energy, and wherein the optical waveguide is arranged between the light collecting circuit and the solar cell and is configured to guide the light energy from the light collecting circuit to the solar cell, and wherein the measurement sensor is arranged inside a container and/or at a dark measuring point. In the similar field of endeavor, Whitlock in e.g., fig.1 teaches the solar harvesting circuitry of the energy management circuitry further includes a light collecting circuit 22 arranged to collect and/or concentrate light energy, an optical waveguide 12 and a solar cell 18 arranged to generate the electrical energy from the light energy (PV cells), and wherein the optical waveguide 12 is arranged between the light collecting circuit 22 and the solar cell 18 and is configured to guide the light energy from the light collecting circuit 22 to the solar cell 18. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Whitlock‘s light collecting circuit for KRAMER‘s solar harvesting circuitry of the energy management circuitry. One of ordinary skill in the art knows waveguides configured to receive and direct incident solar radiation (Whitlock ¶0022) would have been motivated to make this modification in order to desired direction to the PV cells (Whitlock ¶0023). The modified KRAMER does not teach and wherein the measurement sensor is arranged inside a container and/or at a dark measuring point. In the similar field of endeavor, Yang teaches arranging a measuring sensor 200 with an operating mode inside a container (e.g., fig.3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Yan‘s container for KRAMER ‘s measuring sensor. One of ordinary skill in the art would have been motivated to make this modification in order to protect sensor. Claim 16 KRAMER teaches: A method for measuring a filling level, a limit level and/or a pressure, by a measuring system 1,20,25 , comprising: arranging a measuring sensor 4 with an operating mode (e.g., ¶0041,0045); providing energy management circuitry with a control device 13,7 to control (e.g., standby mode or operating mode, power using battery or solar energy¶0017¶0041) a power supply for the measuring sensor 4; coupling (via12,17,18) the control device of the energy management circuitry 13,7 to the measurement sensor 4; and event-oriented activating the operating mode (e.g.,¶0020) of the measurement sensor 4 and/or generating the electrical energy (via 7,9) for operating the measurement sensor 4 in the operating mode and/or supplying the measurement sensor 4 in the operating mode with the generated electrical energy (form 9 using 7) by the control device of the energy management circuitry 13,7. KRAMER does not teach inside a container and/or at a dark measuring point. Yang teaches arranging a measuring sensor 200 with an operating mode inside a container (e.g., fig.3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Yan‘s container for KRAMER ‘s measuring sensor. One of ordinary skill in the art would have been motivated to make this modification in order to protect sensor. wherein the energy management circuitry 13,6,7 further includes solar harvesting circuitry (13/7 from 9) as a first supply circuit, and wherein the solar harvesting circuitry 13/7 is further configured to supply the measurement sensor 4 with the electrical energy in the operating mode (e.g., ¶0041). KRAMER does not teach wherein the solar harvesting circuitry of the energy management circuitry further includes a light collecting circuit arranged to collect and/or concentrate light energy, an optical waveguide and a solar cell arranged to generate the electrical energy from the light energy, and wherein the optical waveguide is arranged between the light collecting circuit and the solar cell and is configured to guide the light energy from the light collecting circuit to the solar cell, and wherein the measurement sensor is arranged inside a container and/or at a dark measuring point. In the similar field of endeavor, Whitlock in e.g., fig.1 teaches the solar harvesting circuitry of the energy management circuitry further includes a light collecting circuit 22 arranged to collect and/or concentrate light energy, an optical waveguide 12 and a solar cell 18 arranged to generate the electrical energy from the light energy (PV cells), and wherein the optical waveguide 12 is arranged between the light collecting circuit 22 and the solar cell 18 and is configured to guide the light energy from the light collecting circuit 22 to the solar cell 18. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Whitlock‘s light collecting circuit for KRAMER‘s solar harvesting circuitry of the energy management circuitry. One of ordinary skill in the art knows waveguides configured to receive and direct incident solar radiation (Whitlock ¶0022) would have been motivated to make this modification in order to desired direction to the PV cells (Whitlock ¶0023). The modified KRAMER does not teach and wherein the measurement sensor is arranged inside a container and/or at a dark measuring point. In the similar field of endeavor, Yang teaches arranging a measuring sensor 200 with an operating mode inside a container (e.g., fig.3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Yan‘s container for KRAMER ‘s measuring sensor. One of ordinary skill in the art would have been motivated to make this modification in order to protect sensor. Claim 17 KRAMER in view of Whitlock Yang teaches the method according to claim 16, KRAMER teaches further comprising: switching the measurement sensor 4 to a sleep mode (standby mode ¶0041) without current (de-energized) or supplying the measurement sensor 4 in the sleep mode with current by a second supply circuit (accumulator ¶0017) of the energy management circuitry by the control device of the energy management circuitry 13. Claim 18 KRAMER in view of Whitlock Yang teaches claim 16, KRAMER teaches: A non-transitory computer-readable medium 13 on which is stored a program element which, when executed on a processor 13 of a measuring system instructs the measuring system 4 to implement the method according to claim 16. Claim 20 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 4, Whitlock teaches wherein the light collecting circuit 22 includes a lens (In general, a lens is any piece of transparent material with at least one curved surface) for the same reason and motivation as cited above. Claim 6 rejected under 35 U.S.C. 103 as being unpatentable over KRAMER, DE102020121206A1 in view of Whitlock, US20100212717A1 and Yang, US 20180227133 A1 and XIONG, CN 110260924 A. Claim 6 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 1, the modified KRAMER does not specifically teach wherein the light collecting circuit is designed to be movable so that the light collecting circuit can be flexibly aligned. In the similar field of endeavor, XIONG teaches wherein the light collecting circuit is designed to be movable so that the light collecting circuit can be flexibly aligned (see underlined portions on English version page 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use XIONG‘s moving system for the modified KRAMER‘s solar collecting circuit. One of ordinary skill in the art would have been motivated to make this modification in order to exert the biggest efficiency of the solar panel (page 12 underlined portions of English version of XIONG). Claim 7 rejected under 35 U.S.C. 103 as being unpatentable over KRAMER, DE102020121206A1 in view of Whitlock, US20100212717A1 and Yang, US 20180227133 A1 and Weckwerth, DE 102010036327 A1. Claim 7 KRAMER in view of Whitlock and Yang teaches the measuring system according to claim 1, the modified KRAMER teach does not specifically teach wherein the solar harvesting circuitry of the energy management circuitry further comprises a connection which is arranged for retrofittable mounting of the optical waveguide and/or the light collecting circuit to the measuring sensor. In the similar field of endeavor, Weckwerth in figs.1-3 teaches a connection which is arranged for retrofittable mounting of the optical waveguide and/or the light collecting circuit to the measuring sensor (e.g., claims and underlined portions on page 3 English version), It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Weckwerth‘s retrofittable mounting for the modified KRAMER ‘s light collecting circuit to the modified Yang‘s measuring sensor. One of ordinary skill in the art would have been motivated to make this modification in order to adapting a system after its development and adding modifications at a later date. 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 Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm. 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, Kristina DeHerrera can be reached at (303) 297-4237. 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. /FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

May 23, 2024
Application Filed
Sep 18, 2024
Response after Non-Final Action
Apr 09, 2026
Non-Final Rejection mailed — §103, §112
Jul 09, 2026
Response Filed
Aug 20, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
91%
With Interview (+19.5%)
2y 8m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 246 resolved cases by this examiner. Grant probability derived from career allowance rate.

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