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 .
Status of Claims
A Preliminary Amendment was filed on 2/26/2024 that cancelled claims 1-13 and added claims 14-26. Accordingly an Office Action on the merits of claims 14-26 is as follows:
Drawings
Figures 1 and 2 (2a-2d) should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Applicant notes that these drawings reflect “state of the art”, however, they are in found in available prior art and are considered “Prior Art”, not just “state of the art”.
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.
Claims 14-21, 25 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rudkin et al. (US 4922745 A).
Considering claim 14, Rudkin discloses an apparatus for determining and/or monitoring at least one process variable of a medium, comprising:
- a sensor unit including a mechanically oscillatable unit (Abstract, Tuning fork having tines) and a first piezoelectric element 41; 804 (Figures 4, Column 5, lines 9-35 and Figure 8; Column 7, lines 32-42);
- wherein the first piezoelectric element 41; 804 is arranged at least partially in an internal volume (cavities of tines 43; 801) of the oscillatable unit (Figures 4 and 8),
- wherein the apparatus is embodied to excite the mechanically oscillatable unit using an excitation signal such that mechanical oscillations are executed, to receive the mechanical oscillations of the oscillatable unit and to convert the mechanical oscillations into a first received signal, and, based on the first received signal, to determine and/or to monitor the at least one process variable (Column 5, lines 9-35);
- wherein a coupling element (bonding material or 806) is arranged in the internal volume of the mechanically oscillatable unit such that the coupling element is in mechanical contact with the first piezoelectric element (Figures 4; Column 5, lines 9-13; Column 7, lines 25-27; Figure 8; Column 7, lines 32-42).
Considering claim 15, Rudkin discloses that the apparatus is embodied to transmit a transmitted signal and to receive a second received signal and to determine and/or to monitor the at least one process variable based on the first and/or second received signal (Abstract, exciting elements transmit a signal and sensing elements receive a signal).
Considering claim 16, Rudkin discloses that the sensor unit further includes a second piezoelectric element 42; 805 (Figures 4, Column 5, lines 9-35 and Figure 8; Column 7, lines 32-42).
Considering claim 17, Rudkin discloses that the mechanically oscillatable unit is an oscillatory fork (Abstract) having a first oscillatory element and a second oscillatory element 43,44; 801,802, and wherein the first piezoelectric element 41; 804 is arranged at least partially in the first oscillatory element 43; 801 and the second piezoelectric element 42; 805 is arranged at least partially in the second oscillatory element 44; 802 (Figures 4 and 8).
Considering claim 18, Rudkin discloses that the sensor unit further includes a unit for determining and/or monitoring temperature of the medium, a unit for determining and/or monitoring a pressure of the medium, and/or a unit for determining and/or monitoring a conductivity and/or permittivity of the medium (Figure 4; Column 5, lines 36-50; Column 3, lines 55-63; Column 8, lines 49-54).
Considering claim 19, Rudkin discloses that at least one hollow space is present in the mechanically oscillatable unit and forms the internal volume, and wherein the first piezoelectric element and the coupling element are in the hollow space (Figures 4 and 8; internal cavities; Column 7, lines 25-31).
Considering claim 20, Rudkin discloses that hollow space is filled with a filling, a potting compound, or an adhesive (Column 4, lines 34-47, inert gas fills the hollow behind plugs 806,807).
Considering claim 21, Rudkin discloses that the first piezoelectric element 804 is arranged in the hollow space such that the first piezoelectric element 804 lies against a wall of the hollow space and the first piezoelectric element is arranged between the wall and the coupling element 806 (Figure 8, walls wrap around the element 804, except where coupling element 806 bounds element 804, therefore, 804 is between at least one lower wall and the coupling element 806).
Considering claim 25, Rudkin discloses that the coupling element includes securement means (threaded screws) for securing the coupling element in the internal volume (Column 7, lines 32-42).
Considering claim 26, Rudkin discloses that the securement means is a volumed body or a clamp body or a spring element (Column 7, lines 32-42, thread screws are volumed body).
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 22 is rejected under 35 U.S.C. 103 as being unpatentable over Rudkin et al. (US 4922745 A) in view of Getman et al. (US 5836192 A).
Considering claim 22, Rudkin fails to explicitly disclose that the coupling element is composed at least partially of a compressible, porous material having a Poisson's ratio of <0.3.
However, Getman teaches the use of a coupling element 56 that is positioned between a wall of a cavity and a piezoelectric element 51 (Figures 4 and 5; Column 6, lines 1-39; Column 16, lines 4-14, closed-cell/pore silicone foam has average Poisson ratio less than 0.3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the close-cell silicone foam of Getman in the invention by Rudkin. The motivation for doing so is to provide an encapsulation that provides acoustic isolation, as suggested by Getman.
Considering claim 23, Rudkin fails to explicitly disclose the compressible material.
However, Getman teaches the use of a coupling element 56 that is a foam material based on polypropylene, silicone rubber, polymethylmethacrylate, polyurethane, or polyamide; a porous paper; or a foamed adhesive (Figures 4 and 5; Column 6, lines 1-39; Column 16, lines 4-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the close-cell silicone foam of Getman in the invention by Rudkin. The motivation for doing so is to provide an encapsulation that provides acoustic isolation, as suggested by Getman.
Considering claim 24, Rudkin fails to explicitly disclose that the coupling element is embodied in the form of a thin film or in the form of a coating.
However, Getman teaches that the coupling element 56 is embodied in the form of a thin film or in the form of a coating (Figures 4 and 5; Column 6, lines 1-39; Column 16, lines 4-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the close-cell silicone foam coating of Getman in the invention by Rudkin. The motivation for doing so is to provide an encapsulation that provides acoustic isolation, as suggested by Getman.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan M Dunlap whose telephone number is (571)270-1335. The examiner can normally be reached Mon-Fri 10AM - 7PM.
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/JONATHAN M DUNLAP/Primary Examiner, Art Unit 2855 March 7, 2026