Prosecution Insights
Last updated: July 17, 2026
Application No. 18/732,992

VIBRONIC MULTISENSOR

Non-Final OA §103
Filed
Jun 04, 2024
Priority
Nov 05, 2018 — DE 10 2018 127 526.9 +2 more
Examiner
TIMILSINA, SHARAD
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Endress+Hauser SE+Co. KG
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
121 granted / 156 resolved
+9.6% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
32 currently pending
Career history
190
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
79.6%
+39.6% vs TC avg
§102
2.0%
-38.0% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 156 resolved cases

Office Action

§103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al (DE 102015112543 A1) herein after “Thomas”, in view of Lotscher (US 20090044628 A1) herein after “Lotscher”, Burdett et al (US 20070003450 A1) herein after “Burdett” and Ito et al (US 5369600 A) herein after “Ito”. Regarding claim 1, Thomas teaches an apparatus for determining and/or monitoring a first process variable and a second process variable of a medium (FIG.1,2 and 3: a schematic sketch of a prior art vibronic sensor) the apparatus comprising: a mechanically vibratable unit (page 13. Fig. 1-3, First paragraph, For all in 2 Each example shown is an electromagnetically oscillatable unit 7 within a mechanically oscillatable unit 4) including: a first mechanically vibratable element having a proximal end, a distal end, and a cavity disposed at the proximal end (In Fig. 2a-2c and 3a-3d examiner views the first mechanically vibratable element 4a having a proximal end, a distal end (i.e., end point that is away from the attachment 5) and a cavity disposed at the proximal end (i.e., point of attachment at part 5)); a second mechanically vibratable element having a proximal end, a distal end, and a cavity disposed at the proximal end (In Fig. 2a-2c and 3a-3d examiner views the second mechanically vibratable element 4b having a proximal end, a distal end and a cavity disposed at the proximal end (i.e., point of attachment at part 5 or base 5)); a base to which the first mechanically vibratable element is mounted via its proximal end and to which the second mechanically vibratable element is mounted via its proximal end (In Fig. 2a-2c and 3a-3d examiner views the first and second mechanically vibratable element 4a, 4b having a proximal end (i.e., point of attachment at part 5 or base 5) attached or mounted in base 5.; and Thomas does not clearly teach teaches a first piezoelectric element disposed in the cavity of the first mechanically vibratable element; a second piezoelectric element disposed in the cavity of the second mechanically vibratable element; an electronic unit configured to: generate a first electrical signal and provide the first electrical signal to the first piezoelectric element and to the second piezoelectric element and thereby cause mechanical vibrations in the first mechanically vibratable element and in the second mechanically vibratable element; generate a second electrical signal and provide the second electrical signal to the first piezoelectric element and thereby cause the first piezoelectric element to emit an ultrasonic transmission signal; receive a first reception signal from the first piezoelectric element and from the second piezoelectric element, wherein the first reception signal is caused by mechanical vibrations in the first piezoelectric element and in the second piezoelectric element; receive a second reception signal from the second piezoelectric element, wherein the second reception signal is caused by reception of the ultrasonic transmission signal by the second piezoelectric element; and determine the first process variable based on the first reception signal and determine the second process variable based on the second reception signal. Lotscher teaches a first piezoelectric element disposed in the cavity of the first mechanically vibratable element ([0007] FIG. 1 a partial sectional view through a vibration sensor arrangement in accordance with the invention according to a first embodiment. Para [0010] As a result, the rod-like piezoelectric element 2 is fixed in the capsule 6); a second piezoelectric element disposed in the cavity of the second mechanically vibratable element (This limitation is considered to be a duplication of parts taught by Lotscher above. MPEP 2144.04, VI, B); and Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Lotscher into Thomas for the purpose of the including a first and second piezoelectric elements inside the cavity of the first and second vibratable element so that the electrical signals can be accurately sensing in the respective elements. However, Thomas and Lotscher does not clearly teach an electronic unit configured to: generate a first electrical signal and provide the first electrical signal to the first piezoelectric element and to the second piezoelectric element and thereby cause mechanical vibrations in the first mechanically vibratable element and in the second mechanically vibratable element; generate a second electrical signal and provide the second electrical signal to the first piezoelectric element and thereby cause the first piezoelectric element to emit an ultrasonic transmission signal; receive a first reception signal from the first piezoelectric element and from the second piezoelectric element, wherein the first reception signal is caused by mechanical vibrations in the first piezoelectric element and in the second piezoelectric element; receive a second reception signal from the second piezoelectric element, wherein the second reception signal is caused by reception of the ultrasonic transmission signal by the second piezoelectric element; and determine the first process variable based on the first reception signal and determine the second process variable based on the second reception signal. Burdett teaches an electronic unit configured to: generate a first electrical signal and provide the first electrical signal to the first piezoelectric element and to the second piezoelectric element and thereby cause mechanical vibrations in the first mechanically vibratable element and in the second mechanically vibratable element (para [0085] A tuning fork-type sensor 40 in one approach is comprised of a piezoelectric crystal, e.g., of LiNbO.sub.3, that is cut into the shape of a tuning fork, as is shown schematically in FIG. 3. Electrodes 43 are embedded between covalently bonded crystal layers…. if an oscillating voltage is applied across the electrodes, the fork will be driven into oscillations, with displacement in the tines on the order of, for example, 100 nm. 0129] With further reference to FIGS. 5B and 5C, a signal activation circuit 22 can comprise, for an active sensing mode of operation, a signal input circuitry 22a (e.g., for receiving a data or a data stream or instructions on active sensing signals) one or more user-defined or user-selectable signal generators, such as a frequency generator circuitry 22b, and/or such as a voltage spike generator circuitry 22c, and in each case, e.g., for providing an electronic stimulus to the sensing element, in an active sensing configuration; and signal output circuitry 22d.,); Herein examiner views the oscillator circuit provides first electric signal to the first 43 and second 43 quart vibration pieces (i.e., piezo electric elements in each side) located in the vibration arms or element 41 of sensor 40. receive a first reception signal from the first piezoelectric element and from the second piezoelectric element, wherein the first reception signal is caused by mechanical vibrations in the first piezoelectric element and in the second piezoelectric element (para [0129] In a preferred operation involving an active sensing mode, a stimulus signal (e.g., such as a variable frequency signal or a spike signal) can be intermittently or continuously generated and provided to the sensing element. A property-influenced signal, such as a frequency response, is returned from the sensing element. The return signal (e.g., frequency response) can be conditioned and components of the signal (e.g., frequency response) can be detected.); From above paragraph examiner views the returned signal is collected from the first and second piezoelectric element by causing a frequency response (i.e., vibration of the first and second piezoelectric elements); determine the first process variable based on the first reception signal (para [0108] In general, greater particle density causes a downward shift in the peak resonant frequency of the mechanical resonator sensor. Also, the presence of many particles around the tines absorbs resonant energy from the fork, attenuating the amplitude of its oscillations. [0179] While it is visually obvious that the sensor is measuring differences in fluidization, a more thorough analysis of these data provides insight into the nature of those differences, and more importantly, can provide a useful way to present this data to a reactor operator. There are two principle components to the variation that becomes prevalent at the higher flows. The first is due to the density fluctuations that occur, and this appears as variation in peak-to-trough signal intensity from scan-to-scan. Such variation is visually evident in FIG. 13 at 0.4 ft/s where relatively smooth curves vary in intensity. The second component is more directly related to the particle motion, and appears as the jagged spikes (that look like noise) on the curves) Examiner views the received signals are processed to determine the first process variable (density) of particles. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Burdett into Thomas for the purpose of sending first electrical signal to the first and second vibratable elements so that an accurate density of the medium can be determined using the received signals. However the combination of Thomas, Lotscher and Burdett does not clearly teach generate a second electrical signal and provide the second electrical signal to the first piezoelectric element and thereby cause the first piezoelectric element to emit an ultrasonic transmission signal; receive a second reception signal from the second piezoelectric element, wherein the second reception signal is caused by reception of the ultrasonic transmission signal by the second piezoelectric element; and determine the second process variable based on the second reception signal Ito teaches generate a second electrical signal and provide the second electrical signal to the first piezoelectric element and thereby cause the first piezoelectric element to emit an ultrasonic transmission signal ((Col 18, line 30, 429 a circuit for calculating the propagation time, 430 a means for calculating the propagation velocity V of the ultrasonic wave in the beverage 202 from the outputs from the shaker 425 and the ultrasonic detector 428. The ultrasonic vibrator (as a sender sensor) 290 and the ultrasonic vibrator (as a receiver sensor) 291 are set oppositely as shown in FIGS. 12A, 12B, and 13) Examiner views the sender sensor 290 activation causes a ultrasonic transmission signal/second signal emission by its first piezoelectric element in it. receive a second reception signal from the second piezoelectric element, wherein the second reception signal is caused by reception of the ultrasonic transmission signal by the second piezoelectric element (Col 18, line 30 From above paragraph examiner views the transmitted ultrasonic signal by sensor 290, is collected or received by the second piezoelectric element in receiver sensor 291 ; and determine the second process variable based on the second reception signal (col 20, line 11, (4) Calculation of the sound velocity characteristic: The sound velocity V within the beverage liquid 202 equals the propagation velocity of the elastic wave movement, and is represented by: V= sqroot {E/p} Eq. 5, where E is the modulus of elasticity of the liquid, and p. is the density of the liquid) Here the calculated sound velocity is viewed as the second process variable which is based on the propagation transmission of the second signal/wave in the medium Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ito into Thomas for the purpose of sending and receiving the second electrical signal to transmit the ultrasonic signal so that an accurate velocity of sound in the medium can be determined using the received ultrasonic signals. Regarding claim 2, the combination of Thomas, Lotscher, Burdett and Ito teaches the apparatus of claim 1, Ito teaches wherein the electronic unit is further configured to generate the first and second electrical signals simultaneously and to provide the first electrical signal to the first and the second piezoelectric elements simultaneous with providing the second electrical signal to the first piezoelectric element (Col 18, line 30, 429 a circuit for calculating the propagation time, 430 a means for calculating the propagation velocity V of the ultrasonic wave in the beverage 202 from the outputs from the shaker 425 and the ultrasonic detector 428. The ultrasonic vibrator (as a sender sensor) 290 and the ultrasonic vibrator (as a receiver sensor) 291 are set oppositely as shown in FIGS. 12A, 12B, and 13). Herein examiner views the sensors 290 and 291 with first and second piezoelectric elements are energized turned on with first electrical signal simultaneously and simultaneously provide second electrical signal for ultrasonic transmission from the first piezoelectric element in sensor 290. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ito into Thomas for the purpose of sending the first and second electrical signal and transmit the ultrasonic signal (from first element) simultaneously to so that an accurate density of medium and velocity of sound in the medium can be determined using the received signals in first and second elements. Regarding claim 3, the combination of Thomas, Lotscher, Burdett and Ito teaches the apparatus of claim 1, Ito teaches wherein the first electrical signal is a periodic sinusoidal or rectangular signal having a specifiable frequency (col 23, line 55. Next, the function of the apparatus shown in FIG. 15 is specifically described. The sealed container 500 filled with the carbonated beverage is set to a predetermined position of the water tank 503 filled with water. Thereafter, the ultrasonic vibrator 501 is energized by the alternating current of a predetermined frequency which has been converted by the ultrasonic power supply unit 502, so as to generate ultrasonic waves.). Examiner also views supplied first signal, the alternating current as periodic sinusoidal. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ito into Thomas for the purpose of sending the first signal as periodic sinusoidal to the first and second elements so that the property of the medium (density, speed of sound) can be accurately determined. Regarding claim 4, the combination of Thomas, Lotscher, Burdett and Ito teaches the apparatus of claim 1, Ito teaches wherein the transmission signal is a pulsed ultrasonic signal (col 22, line 50. The propagation time calculation means 429 comprises a clock circuit 426 and a counter circuit 427, and opens the gate by the pulse trigger signal of the ultrasonic wave sender means 425 to start counting the clock pulse of the clock circuit 426, and closes the gate by the output of the amplifying wave detecting means 428 to end counting the clock pulse). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ito into Thomas for the purpose of using a pulsed ultrasonic signal in detection of the speed of sound, so that the resolution of the signal can be improved for accuracy of the data analysis of the studied medium. Regarding claim 5, the combination of Thomas, Lotscher, Burdett and Ito teaches The apparatus of claim 1, wherein the first process variable is a density of the medium, and wherein the second process variable is a velocity of sound in the medium (Please see in claim 1, where Burdett is applied for the first process variable is determined to be the density of the medium and Ito for the second process variable (velocity of sound) calculated from the ultrasonic wave transmission). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Burdett andIto into Thomas for the purpose of sending and receiving the first electrical signal and second electrical signal to transmit the ultrasonic signal so that an accurate density of a medium and velocity of sound in the medium can be determined using the received ultrasonic signals. Claim(s) 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Thomas, Lotscher, Burdett and Ito in view of Naldrett (GB2522266A) Regarding claim 6, the combination of Thomas, Lotscher, Burdett and Ito teaches the apparatus of claim 5, the combination does not clearly teach wherein the electronic unit is further configured to determine a reference value for the density on the basis of the velocity of sound in the medium. Naldrett teaches wherein the electronic unit is further configured to determine a reference value for the density on the basis of the velocity of sound in the medium (page 3, line 37. The sensor system may be configured to determine the density of the fluid from the determination of the speed of sound through the fluid. Examiner views the determined value as a reference of the density based on the speed determination of sound through the fluid medium. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated the idea of Naldrett (directed to comparison of density values) into Thomas (directed to monitoring process variables) for the purpose of the accurately determining the characteristic of the fluid by determining density of the fluid based on the sound so that the reference can made for further calculation. Regarding claim 7, the combination of Thomas, Lotscher, Burdett, Ito and Naldrett teach the apparatus of claim 6, Naldrett teaches wherein the electronic unit is further configured to compare the reference value for the density with the first process variable and to adjust the first process variable based on the comparison (page 3, line 37… The sensor system may be configured to characterise the fluid based on the density of, or the speed of sound through, the fluid e.g. by comparison with reference or calibration data or by calculation.). Examiner views the reference of the density is compared with the calculated value and the reference value is used for calibration (or adjust) of the density value based on the comparsion or calibration. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated the idea of Naldrett (directed to comparison of density values) into Thomas (directed to monitoring process variables) for the purpose of the determining density of the fluid based on the comparison value so the system can be accurately calibration for further density determination. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Thomas, Lotscher, Burdett and Ito in view of in view of Sascha (US20180024097A1) Regarding claim 8, the combination of Thomas, Lotscher, Burdett, Ito teach the apparatus of claim 5, the combination does not clearly teach wherein the electronic unit is further configured to determine a presence of a deposit on first mechanically vibratable element and on second mechanically vibratable element based on the velocity of sound in the medium. Sascha teaches wherein the electronic unit is further configured to determine a presence of a deposit on first mechanically vibratable element and on second mechanically vibratable element based on the velocity of sound in the medium (para [0017] Since the first two variables are known, the damping can be determined. In the case of a vibronic sensor, the damping is composed, for example, of the inner damping of the oscillatable unit and the outer damping, which is brought about by the oscillatory movement of the oscillatable unit in a medium. The outer damping depends on the viscosity of the medium and can correspondingly be ascertained in the case of known inner damping. Conversely, in the case of known outer damping, the inner damping can be ascertained, which depends on the state of the sensor and can indicate the occurrence of accretion formation, corrosion or even aging effects.). Examiner views the change in damping of the oscillatable unit (i.e., viewed to related to change in speed or velocity of sound) in a medium due to deposits or corrosion on the first and second mechanically vibratable element. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated the idea of Sascha (directed to detecting deposits in the sensors) into Thomas (directed to monitoring process variables) for the purpose of the accurately determining the characteristic of the fluid by determining or preventing deposits on the sensor. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fattinger et al US 20080309432 A1 discusses using piezoelectric resonator to determine process variable. Bennett et al US 20050262944 A1 discusses using resonator sensing elements with piezoelectric materials. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARAD TIMILSINA whose telephone number is (571)272-7104. The examiner can normally be reached Monday-Friday 9:00-5:00. 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, Catherine Rastovski can be reached on 571-270-0349. 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. /SHARAD TIMILSINA/Examiner, Art Unit 2857 /Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
Read full office action

Prosecution Timeline

Jun 04, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
93%
With Interview (+15.0%)
2y 9m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 156 resolved cases by this examiner. Grant probability derived from career allowance rate.

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