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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 9, 2026 is being considered by the examiner.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on July 9, 2026 has been entered. Accordingly, claims 1-16 were previously cancelled; and claims 17-32 are currently pending in the application.
Applicant is advised that the Notice of Allowance mailed April 28, 2026 is vacated. If the issue fee has already been paid, applicant may request a refund or request that the fee be credited to a deposit account. However, applicant may wait until the application is either found allowable or held abandoned. If allowed, upon receipt of a new Notice of Allowance, applicant may request that the previously submitted issue fee be applied. If abandoned, applicant may request refund or credit to a specified Deposit Account.
Prosecution on the merits of this application is reopened on claims 17-32 considered unpatentable for the reasons indicated below.
The indicated allowability of claims 17-32 is withdrawn in view of the newly discovered references to Pasquier et al. (NPL: “Multi-frequency detection of a dielectric object using flexible contactless RF sensors for tissue diagnosis”) and Wang et al. (NPL: “A Dual-Band Non-destructive Dielectric Measurement Sensor Based on Complementary Split-Ring Resonator”). Rejections based on the newly cited references follow.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 17-25 and 27-32 are rejected under 35 U.S.C. 103 as being unpatentable over Pasquier et al. in view of Wang et al.
Pasquier et al. teaches a multi-frequency detection of a dielectric object using flexible contactless RF sensors for tissue diagnosis comprising:
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With regard to claim 17, a method for characterizing at least one region to be investigated (dielectric object) within a medium to be characterized (fluid) (Abstract), the method comprising at least the following steps: contactlessly inductively coupling a probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc), sequentially or successively, to a plurality of transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) which are arranged so as to have different resonance frequencies (Tables 1 and 2: resonance frequencies f1, f2, f3) from one another, said transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) together forming a multifrequency resonator (FIG. 1, multi-turn split resonator), which is located in the vicinity of said investigated region (dielectric object) but without requiring contact with said investigated region (dielectric object), the transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) of which interact with the region to be investigated (dielectric object) (FIG. 2); measuring the variation in impedance of said multifrequency resonator (FIG. 1, multi-turn split resonator) by means of a reader (FIG. 2 in view of FIG. 1, network analyzer) that interacts with said probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) (Section II. RF MONITORING PROBE PRINCIPLE); processing said measurement of variation in impedance, comprising a spectral analysis (spatial resolution SR and peak signal to noise ratio PSNR) according to frequency (it can be seen from Eq. (2) that the impedance change is measured as a function of frequency f; Section II. RF MONITORING PROBE PRINCIPLE), so as to determine a plurality of individual impedances measured for a plurality of measurement frequencies (Sections II. RF MONITORING PROBE PRINCIPLE; and III. MATERIALS AND METHODS); and processing one or more of said individual impedances in order to extract one or more electrical properties of said investigated region (dielectric object) (the conductivity σ and the dielectric constant ε of the sample; Sections II. RF MONITORING PROBE PRINCIPLE; and III. MATERIALS AND METHODS) (For more details, please read: Abstract; FIGS. 1-4; Tables 1 and 2; Sections II. RF MONITORING PROBE PRINCIPLE; III. MATERIALS AND METHODS; and V. DISCUSSION).
Pasquier et al. teaches all that is claimed as discussed above, but it does not specifically teach the following feature:
Coupling a probe, simultaneously, to a plurality of transmission lines.
Wang et al. teaches a dual-band non-destructive dielectric measurement sensor based on complementary split-ring resonator comprising:
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With regard to claim 17, coupling a probe (dual-band non-destructive dielectric measurement sensor), simultaneously, to a plurality of transmission lines (two CSRR structures of different dimensions) (For more details, please read: Abstract; pages 3-4, 7 and 9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the multi-frequency detection of a dielectric object using flexible contactless RF sensors for tissue diagnosis of Pasquier et al. to couple a probe simultaneously to a plurality of transmission lines as taught by Wang et al. since Wang et al. teaches that such an arrangement is beneficial to eliminate the effect of air gap that can improve measurement accuracy as disclosed in the Abstract. Such an implementation of simultaneous testing can be done faster as all lines run at the same time, thereby, significantly increase the effectiveness of measurement instruments for fast-paced factory production lines.
With regard to claim 18, Pasquier et al. teaches the individual impedances of multiple different resonance frequencies (Tables 1 and 2: resonance frequencies f1, f2, f3), or the respective electrical properties extracted therefrom, are combined to provide a characterization of the region to be investigated (dielectric object) in portions that are located at different distances from the multifrequency resonator (FIG. 1, multi-turn split resonator) (Abstract; and FIGS. 3-6).
With regard to claim 19, Pasquier et al. teaches the individual impedances of multiple different resonance frequencies (Tables 1 and 2: resonance frequencies f1, f2, f3), or the respective electrical properties extracted therefrom, are combined to provide a more accurate characterization of the same portion of the region to be investigated (dielectric object) (it can be seen from Eq. (2) that the impedance change is measured as a function of frequency f; Section II. RF MONITORING PROBE PRINCIPLE).
With regard to claim 20, Pasquier et al. teaches a method used to produce a plurality of characterizations at different times (sequentially or successively) for a single transmission line (FIG. 2 in view of FIG. 1, each of MTLR sensors), so as to provide monitoring over time of a region to be investigated (dielectric object) including at least one material or object (dielectric object) undergoing change (For more details, please read: Abstract; FIGS. 1-4; Tables 1 and 2; Sections II. RF MONITORING PROBE PRINCIPLE; III. MATERIALS AND METHODS; and V. DISCUSSION). It is obvious that Pasquier et al. in view of Wang et al. can be used to produce a plurality of characterizations at different times (sequentially or successively) for a plurality of transmission lines simultaneously (FIG. 2 in view of FIG. 1, MTLR sensors).
With regard to claim 21, Pasquier et al. teaches the method implements one or more multifrequency resonators (FIG. 1, multi-turn split resonators) which are integrated or implanted into a system (FIG. 1 2, sensing system) so as to characterize a region to be investigated (dielectric object), said region to be investigated (dielectric object) including a material belonging to said object (dielectric object), and/or a material in contact with or in the vicinity of said object (dielectric object), and/or an interface between said materials, and said method being implemented so as to obtain a plurality of time-distributed characterizations for said region to be investigated (dielectric object) and thereby provide monitoring over time of a change in the region to be investigated (dielectric object) (For more details, please read: Abstract; FIGS. 1-4; Tables 1 and 2; Sections II. RF MONITORING PROBE PRINCIPLE; III. MATERIALS AND METHODS; and V. DISCUSSION). It is obvious that Pasquier et al. in view of Wang et al. can be used to produce a plurality of characterizations at different times (sequentially or successively) for a plurality of transmission lines simultaneously (FIG. 2 in view of FIG. 1, MTLR sensors).
With regard to claim 22, a system (FIGS. 1 and 2, sensing system) for contactlessly characterizing at least one region referred to as an investigated region (dielectric object) within a medium to be characterized (fluid), the system (FIGS. 1 and 2, sensing system) comprising: at least one transmission-line resonator (FIG. 1, multi-turn split resonator), which is intended to be arranged in the vicinity of said investigated region (dielectric object), but without requiring contact with said investigated region (dielectric object), a probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) arranged so as to: on the one hand, be coupled via inductive coupling to said resonator (FIG. 1, multi-turn split resonator) by means of an inductive loop circuit, and on the other hand, to interact with at least one reader (FIG. 2 in view of FIG. 1, network analyzer); wherein said resonator (FIG. 1, multi-turn split resonator) comprises a plurality of transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors), which are arranged so as to have different resonance frequencies (Tables 1 and 2: resonance frequencies f1, f2, f3) from one another and thereby form a multifrequency resonator (FIG. 1, multi-turn split resonator), the transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) of which interact with the region to be investigated (dielectric object), and wherein said probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) is arranged so as to interact with all of said multifrequency resonator (FIG. 1, multi-turn split resonator) said reader (FIG. 2 in view of FIG. 1, network analyzer) being arranged so as to interact with said probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) (For more details, please read: Abstract; FIGS. 1-4; Tables 1 and 2; Sections II. RF MONITORING PROBE PRINCIPLE; III. MATERIALS AND METHODS; and V. DISCUSSION).
With regard to claim 23, Pasquier et al. teaches the multifrequency resonator (FIG. 1, multi-turn split resonator) comprises a plurality of transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) which are separate and not connected to one another (“three 2cm diameter MTLR sensors featuring 30, 47 and 70MHz resonance frequencies, respectively”), and which are each formed by at least one conductive track (FIGS. 1 and 2, multi-turn split resonator) produced on a two-dimensional dielectric substrate (flexible PCB or flexible dielectric substrate) along an almost-closed path (FIGS. 1 and 2; Abstract; and Table 1).
With regard to claim 24, Pasquier et al. teaches all or some of the transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) of the multifrequency resonator (FIG. 1, multi-turn split resonator), typically a circular split ring (FIGS. 1 and 2; Abstract; and Table 1). It is noted that the feature upon which applicants rely (i.e., “each form an almost-closed path with a single turn”) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such potential is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 (“The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.”); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Please see MPEP 2144.05 II. OPTIMIZATION OF RANGES: Optimization Within Prior Art Conditions or Through Routine Experimentation.
With regard to claim 25, Pasquier et al. teaches the multifrequency resonator (FIG. 1, multi-turn split resonator) comprises a plurality of conductive tracks (FIGS. 1 and 2, multi-turn split resonator) of almost-closed shape which are enclosed inside one another (FIGS. 1 and 2; Abstract; and Table 1).
With regard to claim 27, Pasquier et al. teaches the multifrequency resonator (FIG. 1, multi-turn split resonator) comprises a plurality of transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) which are separate and not connected to one another (FIGS. 1 and 2; Abstract; and Table 1), and which are formed by conductive tracks (FIGS. 1 and 2, multi-turn split resonator) each produced along an “almost-closed” path, in a coplanar manner or on the same two-dimensional insulating substrate (flexible PCB or flexible dielectric substrate) (FIGS. 1 and 2; Abstract; Sections II. RF MONITORING PROBE PRINCIPLE; and Table 1).
With regard to claim 28, Pasquier et al. teaches the multifrequency resonator (FIG. 1, multi-turn split resonator) comprises a plurality of transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) which are separate and not connected to one another (FIGS. 1 and 2; Abstract; and Table 1), and which are each formed by a conductive tracks (FIGS. 1 and 2, multi-turn split resonators) produced on the same two-dimensional insulating substrate (flexible PCB or flexible dielectric substrate), each along a single-turn “almost-closed” path: and wherein said transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) are arranged inside one another, and in particular concentrically with respect to one another (FIGS. 1 and 2; Abstract; Section II. RF MONITORING PROBE PRINCIPLE; Section III. A; and Table 1).
With regard to claim 29, Pasquier et al. teaches a transmission-line resonator device (FIGS. 1 and 2, sensing system), of the type capable of communicating via inductive coupling with an inductive loop probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) in order to be excited by said probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc), so as to interact with said probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc), wherein said device (FIGS. 1 and 2, sensing system) comprises a plurality of transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) of almost-closed shape which are enclosed inside one another (FIGS. 1 and 2; Abstract; and Table 1), in particular concentric circles, and which are arranged so as to form, together, a multifrequency resonator (FIG. 1, multi-turn split resonator) suitable for being implemented within a system (FIGS. 1 and 2, sensing system) as claimed in claim 22 (FIGS. 1 and 2; Abstract; Section II. RF MONITORING PROBE PRINCIPLE; Section III. A; and Table 1).
With regard to claim 30, Pasquier et al. teaches a plurality of transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors). It is noted that the feature upon which applicants rely (i.e., “each transmission line forms a single turn”) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such potential is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 (“The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.”); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Please see MPEP 2144.05 II. OPTIMIZATION OF RANGES: Optimization Within Prior Art Conditions or Through Routine Experimentation.
With regard to claim 31, Pasquier et al. teaches a system (FIGS. 1 and 2, sensing system) comprising an object (dielectric object), said system (FIGS. 1 and 2, sensing system) or object (dielectric object) comprising at least one transmission-line resonator (FIG. 1, multi-turn split resonator), which resonator (FIG. 1, multi-turn split resonator) comprises a plurality of transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) which are arranged so as to have different resonance frequencies (Tables 1 and 2: resonance frequencies f1, f2, f3) from one another and thereby form a multifrequency resonator (FIG. 1, multi-turn split resonator), the transmission lines (FIG. 2 in view of FIG. 1, MTLR sensors) of which interact with the region to be investigated (dielectric object), said multifrequency resonator (FIG. 1, multi-turn split resonator) being arranged so as to form an inductive coupling with an inductive loop probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) so as to interact with said probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) in order to form therewith a system (FIGS. 1 and 2, sensing system) as claimed in claim 22 that is arranged so as to characterize a region to be investigated (dielectric object) within a medium to be characterized (fluid), said region to be investigated (dielectric object) including a material belonging to said object (dielectric object), and/or a material in contact with or in the vicinity of said object (dielectric object), and/or an interface between said materials (For more details, please read: Abstract; FIGS. 1-4; Tables 1 and 2; Sections II. RF MONITORING PROBE PRINCIPLE; III. MATERIALS AND METHODS; and V. DISCUSSION).
With regard to claim 32, Pasquier et al. teaches the system (FIGS. 1 and 2, sensing system) comprises at least one probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) arranged so as to be able to communicate with the multifrequency resonator (FIG. 1, multi-turn split resonator) via inductive coupling, and wherein said multifrequency resonator (FIG. 1, multi-turn split resonator) and said probe (FIG. 2 in view of FIG. 1, RF monitoring probe corresponding to Rc and Lc) are arranged so as to form said system (FIGS. 1 and 2, sensing system) to characterize a region to be investigated (dielectric object) within a medium to be characterized (fluid) (For more details, please read: Abstract; FIGS. 1-4; Tables 1 and 2; Sections II. RF MONITORING PROBE PRINCIPLE; III. MATERIALS AND METHODS; and V. DISCUSSION).
Allowable Subject Matter
Claim 26 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants’ attention is invited to the followings whose inventions disclose similar devices.
Kovacich et al. (US 2015/0325394 A1) teaches a sensing system for determine a difference in impedance .
CONTACT INFORMATION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOAI-AN D. NGUYEN whose telephone number is (571) 272-2170. The examiner can normally be reached MON-THURS (7:00 AM - 5:00 PM).
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HOAI-AN D. NGUYEN
Primary Examiner
Art Unit 2858
/HOAI-AN D. NGUYEN/ Primary Examiner, Art Unit 2858