Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Detailed Action
2. This office action is in response to the filing with the office dated 06/18/2024.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 06/18/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections – 35 U.S.C. 102
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 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.
4. Claims 15, 16, 24, 26 and 27 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Lutz et al (US 2018/0202952 A1).
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Regarding independent claim 15, Lutz et al (US 2018/0202952 A1) teaches, A microwave measuring device for a flowable medium (figures 2 and 3), comprising: a measuring tube for conducting the medium (element 29, figure 1 The liquid to be analyzed, i.e. the fuel, for example, is conducted over the diamond layer 25 through microfluidic channels 29 (paragraph [0041]); and element 51 in figure 3); a first microwave antenna designed to generate a variable microwave signal and emit said signal into the medium (element 46, figures 2 and 3, paragraph [0042]; a first magnetic-field-sensitive measuring device for determining a magnetic field, the first magnetic-field-sensitive measuring device including: a measuring device component having an optically excitable material (diamond layer, element 25, figures 2 and 3) , wherein the microwave signal acts on the optically excitable material (paragraph [0035]); an optical excitation device designed to optically excite the optically excitable material (element 33, figure 2, paragraph [0035]; and an optical detection device designed to provide a detection signal correlating with light emitted by the optically excitable material (photodiode element 23, figure 2, paragraph [0040]); and an evaluation circuit designed to determine a magnetic field and/or a change in the magnetic field on the basis of the detection signal (electronic structure of the NV sites is very sensitive to external magnetic fields among other factors. More particularly, it is possible, given appropriate readout of the electronic structure, to measure magnetic fields with a sensitivity of up to 100 pT/√Hz paragraph [0004], The position of the fluorescence minima within the fluorescence spectrum can thus be evaluated as a measure of the active magnetic field (paragraph [0025]).
Regarding dependent claim 16, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 15.
Lutz et al (US 2018/0202952 A1) teaches, wherein the microwave signal comprises a sequence of high-frequency signals (paragraph [0005]).
Regarding dependent claim 24, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 15.
Lutz et al (US 2018/0202952 A1) further teaches, wherein the evaluation circuit is designed to determine a chemical and/or physical property of the medium on the basis of the detection signal influenced by a nuclear spin resonance of the medium (paragraphs [0034]-[0037], [0042].
Regarding dependent claim 26, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 15.
Lutz et al (US 2018/0202952 A1) further teaches, wherein the optically excitable material is a crystal body with at least one vacancy or is a gas cell (Paragraph [0004]).
Regarding dependent claim 27, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 26.
Lutz et al (US 2018/0202952 A1) further teaches, wherein the crystal body is a diamond having at least one nitrogen vacancy, silicon carbide having at least one silicon vacancy, or hexagonal boron nitride having at least one vacancy color center (Paragraph [0004]).
Claim Rejections – 35 U.S.C. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
5. Claims 17-23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Lutz et al (US 2018/0202952 A1) and in view of Xie et al (US 2011/0267074 A1).
Regarding dependent claim 17, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 15.
Lutz et al (US 2018/0202952 A1) is silent about a second microwave antenna arranged diametrically to the first microwave antenna, wherein the second microwave antenna is arranged to receive the microwave signal.
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Xie et al (US 2011/0267074 A1) teaches, a second microwave antenna arranged diametrically to the first microwave antenna, wherein the second microwave antenna is arranged to receive the microwave signal (measuring the signal from a first electromagnetic transmitter to a first electromagnetic receiver separated by a first distance, measuring the signal from the first electromagnetic transmitter to a second electromagnetic receiver separated by a second distance, measuring the signal from a second electromagnetic transmitter to the first electromagnetic receiver separated by a distance substantially equal to the second distance, measuring the signal from the second electromagnetic transmitter to the second electromagnetic receiver separated by a distance substantially equal to the first distance, and wherein the first and second distances are substantially different. This is followed by the step of combining the four signals to obtain a measurement of the phase-shift and amplitude-attenuation substantially independent of the gain values applied to the receivers and transmitters to provide an estimate of the mixture permittivity and/or conductivity of the multiphase fluid (abstract, figures 1-5, paragraphs [0052], [0057]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Lutz et al by providing multiple microwave transmitters and receivers as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057]).
One of the ordinary skill in the art would have been motivated to make such a modification to obtain a measurement of the phase-shift and amplitude-attenuation substantially independent of the gain values applied to the receivers and transmitters to provide an estimate of the mixture permittivity and/or conductivity of the multiphase fluid, as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057]).
Regarding dependent claim 18, Lutz et al (US 2018/0202952 A1) and Xie et al (US 2011/0267074 A1) teach the microwave measuring device according to claim 17.
Lutz et al (US 2018/0202952 A1) is silent about wherein the evaluation circuit is designed to determine a proportion of solids in the medium on the basis of the received microwave signal.
Xie et al (US 20110267074 A1) teaches wherein the evaluation circuit is designed to determine a proportion of solids in the medium on the basis of the received microwave signal. (The water fraction of the multiphase flow mixture (e.g. the water-in-liquid ratio of the liquid annulus in the case of an annular flow) and the gas fraction of the flow mixture (e.g. the gas-core diameter in the case of annular flow) can be derived from the mixture permittivity and conductivity of the flow by the use of appropriate permittivity and conductivity mixing rules [0031]; The water fraction of the flow mixture (e.g. the water-in-liquid-ratio WLR of the liquid annulus in the case of an annular flow) and the gas fraction of the flow mixture (e.g. the gas-core diameter in the case of an annular flow) can then be derived from the calculated permittivity .di-elect cons. and the conductivity .sigma. of the flow, by the use of appropriate permittivity and conductivity mixing laws. The water conductivity .sigma..sub.water (salinity) can also be determined from the measured the mixture permittivity .di-elect cons. and the mixture conductivity .sigma. for a multiphase mixture containing water [0052]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Lutz et al by providing for determining the mixture contents as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057]).
One of the ordinary skill in the art would have been motivated to make such a modification so that the to obtain an estimate of the mixture permittivity and/or conductivity of the multiphase fluid, as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057], the mixing model based on permittivity and conductivity for evaluating fractions is also applicable to solids).
Regarding dependent claim 19, Lutz et al (US 2018/0202952 A1) and Xie et al (US 2011/0267074 A1) teach the microwave measuring device according to claim 17.
Lutz et al (US 2018/0202952 A1) is silent about, a second magnetic-field-sensitive measuring device embodied in the same manner as the first magnetic-field-sensitive measuring device, wherein the first magnetic-field-sensitive measuring devices and the second magnetic- field-sensitive measuring device are arranged spaced apart around a circumference of the measuring tube.
Xie et al (US 20110267074 A1) teaches, a second magnetic-field-sensitive measuring device embodied in the same manner as the first magnetic-field-sensitive measuring device (figure 2-5, paragraphs [0052], [0057]), wherein the first magnetic-field-sensitive measuring devices and the second magnetic- field-sensitive measuring device are arranged spaced apart around a circumference of the measuring tube (figure 2-5, paragraphs [0052], [0057]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Lutz et al by providing multiple microwave transmitters and receivers as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057]).
One of the ordinary skill in the art would have been motivated to make such a modification so that the to obtain a measurement of the phase-shift and amplitude-attenuation substantially independent of the gain values applied to the receivers and transmitters to provide an estimate of the mixture permittivity and/or conductivity of the multiphase fluid, as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057]).
Regarding dependent claim 20, Lutz et al (US 2018/0202952 A1) and Xie et al (US 2011/0267074 A1) teach the microwave measuring device according to claim 17.
Lutz et al (US 2018/0202952 A1) further teaches, a magnetic-field-generating device for generating a magnetic field in the medium (paragraph [0037]); and an operating circuit designed to feed an electrical operating signal into the magnetic- field-generating device (paragraph [0042]), wherein the operating signal is designed such that the magnetic field generated by the magnetic-field-generating device excites moving charge carriers in the medium to move (paragraphs [0035], [0042]).
Regarding dependent claim 21, Lutz et al (US 2018/0202952 A1) and Xie et al (US 2011/0267074 A1) teach the microwave measuring device according to claim 19.
Lutz et al (US 2018/0202952 A1) further teaches, wherein at least a part of the second magnetic-field-sensitive measuring device is integrated in the second microwave antenna (figure 2-5, Lutz already teaches a magnetic field sensitive device integrated with the antenna. Lutz et al and Xie et al combined teach the microwave measuring device with a second microwave antenna (please see rejection of claims 17-19).
Regarding dependent claim 22, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 15.
Lutz et al (US 2018/0202952 A1) is silent about, wherein the evaluation circuit is designed to determine an electrical conductivity of the medium on the basis of the detection signal, and wherein the detection signal correlates with a change and/or a strength of a magnetic field generated by the moving charge carriers of the medium.
Xie et al (US 20110267074 A1) teaches, wherein the evaluation circuit is designed to determine an electrical conductivity of the medium on the basis of the detection signal (paragraphs [0052], [0060]-[0061]), and wherein the detection signal correlates with a change and/or a strength of a magnetic field generated by the moving charge carriers of the medium (paragraphs [0052], [0060]-[0061]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Lutz et al by providing for determining the mixture contents as taught by Xie et al ((abstract, figures 1-5, paragraphs [0052], [0057]).
One of the ordinary skill in the art would have been motivated to make such a modification so that the to obtain an estimate of the mixture permittivity and/or conductivity of the multiphase fluid, as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057], the mixing model based on permittivity and conductivity for evaluating fractions is also applicable to solids).
Regarding dependent claim 23, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 15.
Lutz et al (US 2018/0202952 A1) is silent about, wherein the evaluation circuit is designed to detect foreign bodies in the medium on the basis of a deviation of the detection signal from a criterion.
Xie et al (US 20110267074 A1) teaches, wherein the evaluation circuit is designed to detect foreign bodies in the medium on the basis of a deviation of the detection signal from a criterion (paragraphs [0052], [0054] [0060]-[0061]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Lutz et al by providing for determining the mixture contents as taught by Xie et al ((abstract, figures 1-5, paragraphs [0052], [0057]).
One of the ordinary skill in the art would have been motivated to make such a modification so that the to obtain an estimate of the mixture permittivity and/or conductivity of the multiphase fluid, as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057], the mixing model based on permittivity and conductivity for evaluating fractions is also applicable to solids).
Regarding dependent claim 25, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 15.
Lutz et al (US 2018/0202952 A1) is silent about, wherein the measuring tube is divided into two sections in a measuring tube plane, and wherein the first microwave antenna and the first magnetic-field-sensitive measuring device are arranged in different sections.
Xie et al (US 20110267074 A1) teaches, wherein the measuring tube is divided into two sections in a measuring tube plane, and wherein the first microwave antenna and the first magnetic-field-sensitive measuring device are arranged in different sections (figure 2-5, paragraphs [0027], [0028]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Lutz et al by providing for Multiple antennas being positioned in different regions of the measuring tube to satisfy the about the center line of symmetry as taught by Xie et al (paragraphs [0027], [0028]).
One of the ordinary skill in the art would have been motivated to make such a modification so that the to obtain an estimate of the mixture permittivity and/or conductivity of the multiphase fluid, as taught by Xie et al (abstract, figures 1-5, paragraphs [0052], [0057], the mixing model based on permittivity and conductivity for evaluating fractions is also applicable to solids).
6. Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Lutz et al (US 2018/0202952 A1) and in view of Moore et al (US 20250130298 A1, foreign priority date 08/11/2021).
Regarding dependent claim 28, Lutz et al (US 2018/0202952 A1) teaches the microwave measuring device according to claim 26.
Lutz et al (US 2018/0202952 A1) is silent about, wherein the gas cell is a cell which includes at least one gaseous alkali metal.
Moore et al (US 2025/0130298 A1, foreign priority date 08/11/2021) teaches, wherein the gas cell is a cell which includes at least one gaseous alkali metal ([0019], [0020], [0043] The sensor unit 11 has a sensor component 12 which forms at least a sub-region of the first plate 5 and/or the second plate 6. In the example in FIG. 2, the first plate 5 and the second plate 6 consist completely of the sensor component 12. The sensor component 12 is, for example, at least one crystal body with at least one vacancy or at least one gas cell. The crystal body is optionally a diamond with at least one nitrogen vacancy center or with at least one silicon vacancy center, silicon carbide with at least one silicon vacancy center or, hexagonal boron nitride with at least one vacancy color center. The gas cell contains, for example, a gaseous alkali metal in a cell. [0044] The sensor unit 11 can optionally also be an excitation unit 14 for the optical excitation of the sensor component 12 and a detection unit 15 for detecting the fluorescence signal of the sensor component 12 that is influenced by the nuclear spin resonances of the sample 4 and is arranged, for example, adjacent to the first plate 5 and the second plate 6. In this way, an optical beam path through the sample 4 is possible. An analysis unit 13 is also arranged for ascertaining the at least one chemical and/or physical property of the sample 4 using the detected variable. To display and/or transmit the at least one chemical and/or physical variable to an external unit, a transmitting unit and/or a display unit can optionally also be present).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Lutz et al by replacing the diamond layer integrated with NV centers with a gas cell which contains alkali metal in a cell, as taught by Moore et al (paragraph [0043]).
One of the ordinary skill in the art would have been motivated to make such a modification so that, Both the crystal body with the at least one vacancy center and the gas cell lead to an improvement in the measurement accuracy of the detection of nuclear magnetic resonances of the sample and therefore of the at least one chemical and/or physical property of the sample due to their high sensitivity to magnetic fields, as taught by Moore et al (abstract, figures 1-5, paragraphs [0018]).
Closest Prior art
7. The following relevant prior art of record is not cited in the office action.
Huck et al (US 2020/0158798 A1) teaches, a magnetometer (100) using optically detected magnetic resonance (ODMR), where a solid state material (10), such as diamond, with an ensemble of paramagnetic defects, such as nitrogen vacancies centers NV, is applied. An optical cavity (20) is optically excited by an irradiation laser (25) arranged therefore. A coupling structure (30) causes a microwave excitation (Ω) of the paramagnetic defects, and a permanent magnetic field (40, B_C) causes a Zeeman splitting of the energy levels in the paramagnetic defects. A probing volume (PV) in the solid state material is thereby defined by the spatially overlapping volume of the optical excitation by the irradiation laser (25), the coupling structure (30) also exciting the defects, and the constant magnetic field. The magnetometer then measures an unknown magnetic field by detecting emission (27), e.g. fluorescence, from the defects in the probing volume (PV) from the double excitation of the defects by the irradiation laser, and the coupling structure exciting these defects.
Yoshii (US 2020/0132785 A1) teaches, In a magnetic field source detecting apparatus, a magnetic sensor unit detects an intensity and a direction of a measurement target magnetic field on or over a surface of a test target object; and a position estimating unit estimates a position in a depth direction of a magnetic field source that exists at an unspecified position inside a test target object on the basis of the intensities and the directions of the measurement target magnetic field detected by the magnetic sensor at least two 2-dimensional positions of the surface.
Lo et al (US 2021/0255254 A1) teaches, a magnetometer for detecting a magnetic field, comprising: a solid state electronic spin system containing a plurality of electronic spins and a solid carrier, wherein the electronic spins are configured to be capable of aligning with an external magnetic field in response to an alignment stimulus; and a detector configured to detect an alignment response of the electronic spins, such that the external magnetic field can be detected; wherein the electronic spins are provided as one or more groups, each group containing a plurality of spins, the plurality of spins in each of the one or more groups being arranged in a line that is angled at an angle Θ with respect to the local direction of the external magnetic field at the said group. Also disclosed is a method for detecting a magnetic field.
Nishibayashi et al (US 2020/0057117 A1) teaches, A diamond magnetic sensor including diamond containing at least one NV.sup.− center, a microwave generator which emits microwaves to the diamond, an excitation light generator which emits excitation light to the NV.sup.− center of the diamond, and a fluorescence sensor which receives fluorescence produced from the NV.sup.− center of the diamond includes a pattern measurement apparatus which measures a temporal change pattern of magnetic field intensity based on variation in fluorescence intensity sensed by the fluorescence sensor.
Winkler et al (US 2021/0349142 A1) teaches, a system in particular a quantum sensor system, for testing a device-under-test, DUT, comprising: an optically excitable medium which is arranged to receive electromagnetic, EM, radiation emitted by the DUT, at least one light source configured to irradiate the medium with at least one light beam, wherein the medium is optically excited by the at least one light beam, a field generator unit configured to generate an electric and/or magnetic field within the medium, wherein a resonance frequency of the excited medium is modified by an amplitude of the electric and/or magnetic field, wherein an optical parameter, in particular a luminescence, of the exited medium is locally modified if a frequency of the EM radiation corresponds to the resonance frequency at a position in the medium, an image detector configured to acquire an image of the medium, wherein the image shows an intensity profile that results from the modification of the optical parameter, a processor configured to analyze the DUT based on the acquired image.
Stetson et al (US 2017/0343695 A1) teaches, A system for magnetic detection includes a magneto-optical defect center material including at least one magneto-optical defect center that emits an optical signal when excited by an excitation light; a radio frequency (RF) exciter system configured to provide RF excitation to the magneto-optical defect center material; an optical light source configured to direct the excitation light to the magneto-optical defect center material; and an optical detector configured to receive the optical signal emitted by the magneto-optical defect center material.
Conclusion
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/SURESH K RAJAPUTRA/Examiner, Art Unit 2858
01/07/2026
/EMAN A ALKAFAWI/Supervisory Patent Examiner, Art Unit 2858 1/9/2026