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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1-3, 5, 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2004/0254748 to Kopp, U.S. 2008/0006094 to Schulte et al. and U.S. 2004/0255013 to Ott et al. Kopp discloses a measuring assembly and associated method for determining a measurement result having all of the recited elements and steps (see entire reference) including measuring a measuring quantity (pressure) by means of a first measuring device (M1) with first sensor (S1) at a measuring point, wherein the first measuring device detects a first measurement value (p1); measuring a reference measuring quantity (pressure) by means of a second measuring device (M2) and second sensor (S2), wherein the second measuring device detects a second measurement value (p2); and causing data transmission (I2/I2) of the second measuring value from the second measuring device to the first measuring device, and determination of the measurement result (Δp) by the first measuring device using the first measurement value and the second measurement value (see paras 0020-0037 and associated Figs. 1 and 2) (meeting some limitations recited in instant independent claims 1 and 13); wherein the first measuring device calculates a difference/differential between the first measurement value and the second measurement value for determining the measurement results (see aforementioned paras, in particular, para 0028)(as recited in instant dependent claim 3).
Kopp further discloses that the assembly and associated method for determining the measurement result is not limited to only two devices and the embodiment shown in Figs 1 and 2, and states in para 0009: “Therefore, a corresponding measuring system consists of at least two (emphasis added) physically separate pressure-measuring devices for measuring a respective physical variable….” See also claim 11 of Kopp, which also claims the measuring system/assembly “with at least two separate pressure measuring devices.” As such, the measuring system/assembly and associated method disclosed by Kopp may include more than two measuring devices, including the recited “at least one additional measuring device” in instant independent claims 1 and 13, wherein the at least one additional measuring devices (i.e. M3 with a third sensor S3, as well many more measuring devices, being N number of measuring devices (MN) with N number of sensors (SN) can be employed in a measurement system/assembly. Kopp additionally discloses that the measuring system/assembly with more than two measuring devices and associated method is not limited to the embodiment of Figs. 1 and 2, but can be employed for other applications, including ascertaining a fill level in a container, wherein the difference in pressure can be used determine the fill level of a container (see para 0037), thus meeting the limitations recited in instant dependent claim 5. Furthermore, one of ordinary skill in the art as of the effective filing date of the instant invention would know that in the determination of a fill level within a container, via pressure measurements by the measuring devices, would require the determination of a relative pressure, which would be the relative difference between a measurement of absolute pressure within the container and an atmospheric pressure, thus meeting the limitations recited in instant dependent claim 2.
Kopp does not explicitly disclose wherein the at least one additional measuring device (i.e. measuring device M3 with sensor S3) measures the reference measuring quantity, wherein the at least one additional measuring device (M3 with sensor S3) detects an additional measurement value (i.e. additional measuring device M4 with sensor S4), wherein a data transmission of the additional measurement value (from sensor S4) from the additional measuring device to the first measuring device (M1) takes place, and wherein the first measuring device (M1) carries out a voting process based on measurement values received from the second measuring device (M2) and the at least one additional measuring device (M3 and M4) (as recited in the remaining limitations of instant independent claims 1 and 13), and wherein the first measuring device (M1) compares the second measurement value (measured by M2 and sensor S2) with the additional measurement value (from M3 and/or M4) prior to the determination of the measurement result in order to discard and/or correct the second measurement value (as recited in instant dependent claim 6).
Schulte et al. disclose a measuring method and system (see entire reference) which employ a plurality of absolute or gauge pressure sensors/measuring devices operating in conjunction with a differential pressure sensor/measuring device, thus essentially a total of three measurement devices, wherein if one of the plurality of absolute or gauge pressure devices fails (i.e. outputs incorrect and/or out-of-range values, a reasonable estimate of the output/measurement result can be generated based on the remaining measurement devices (see paras 0003, 0022 and 0023), thus essentially discarding the measurement value from the failing measurement device. Thus it would have been obvious to one having ordinary skill in the art as of the effective filing date of the instant invention to modify the measuring system/method disclosed by Kopp, by employing the at least one additional measurement device (M3 and/or M4) additional redundant measurement device) meeting all of the limitations recited in instant dependent claim 6, as taught by Schulte et al., thus increasing the reliability and accuracy of the measuring method/system, as well as generate an alarm or alert to the control system or a technician indicative of the failure (see Abstract and para 0023 of Schulte et al.).
As to the remaining limitations of instant independent claims 1 and 13, the at least one additional measuring device (M3 and/or M4) to make further measurements of the measurement value and reference measuring quantity (i.e. absolute pressure) and the reference measuring quantity (i.e. atmospheric pressure) and determining the measurement result (i.e. relative pressure), and wherein the first measuring device (M1) carries out a voting process based on the measurement values received from the second measuring device (M2) and the at least one additional measuring device (M3 and/or M4), Ott et al. disclose a voting process/arrangement in a measuring system/assembly (see entire reference) employing field measuring devices (40, 42, 60, 62), which are employed in process control systems, like those used in chemical, petroleum and other processes, wherein process controllers are in communication with at least one host or operator workstation to the field measuring devices via analog, digital or combined analog/digital buses or lines, wherein the field measuring devices can include switches and transmitters (e.g. temperature, pressure and flow rate sensors) to perform functions within the process plant such as opening or closing valves and measuring process variables (see para 0002), employing logic solvers to detect process conditions associated with significant events (i.e. overflows, underflows (see para 0003); and that it is common practice to detect events within the system to provide greater safety integrity or process variable measurement availability, by employing voter logic (see paras 0004-0007). Ott et al. further disclose that common voting schemes include two out of three (2oo3), but any other voting logic may be used (see paras 0039, 0041 and 0050). It would have been obvious to one having ordinary skill in the art as of the effective filing date of the instant invention, to employ a voting process, such as 2oo3, as taught by Ott et al., modifying the measuring assembly and method for at least three measuring devices, disclosed by Kopp and Schulte et al., to perform the remailing limitations recited in instant independent claims 1 and 13, wherein additional reference measuring quantities and additional measurement values by the at least one additional measuring device to carry out a voting process by the first measuring device based on the measurement values received from the second and/or third measuring device increasing system safety, especially in the case of failed transmission (i.e. sensor failure, thus employ a redundant sensor) of measurement data, and/or shut-down the system in event of a true failure (i.e. trip condition) in the system (see paras 0047-0050).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
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/JOHN FITZGERALD/Primary Examiner, Art Unit 2855