Prosecution Insights
Last updated: July 17, 2026
Application No. 18/759,059

REFERENCE MEASUREMENT TECHNIQUE FOR CAPACITIVE SENSING

Non-Final OA §102§103§112
Filed
Jun 28, 2024
Priority
Jun 29, 2023 — provisional 63/510,980
Examiner
NIA, FATEMEH ESFANDIARI
Art Unit
Tech Center
Assignee
Microchip Technology Incorporated
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
172 granted / 233 resolved
+13.8% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
37 currently pending
Career history
268
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
86.8%
+46.8% vs TC avg
§102
2.7%
-37.3% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 233 resolved cases

Office Action

§102 §103 §112
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 . 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 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. Claim objections Claims 7, 16, and 18 are objected: Claim 7: “firs” in line 10 should be amended to read “first”. Claim 16: the first capacitive sensor and the second capacitive sensor should be corrected to the first capacitive distance sensor and the second capacitive distance sensor, respectively consistence with their antecedent basis in the previous claim on which claim 16 depends. Claim 18: first distance sensor in line 3 should be corrected to read as (first capacitive distance sensor). Appropriate action is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 7-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. MPEP § 2173.02(I) states in part: “if the language of a claim, given its broadest reasonable interpretation, is such that a person of ordinary skill in the relevant art would read it with more than one reasonable interpretation, then a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph is appropriate”. Claim 7 recites “ the distance sensing electrode” in different lines (paragraphs 2 and 3 of claim) and it is not clear they are referred to which distance sensing electrode, a first capacitive distance sensor or a second capacitive distance sensor. Claims 8-12 are rejected due their dependencies. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 7, and 13 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Schneider, US 20130026084 A1. Claim 1 Schneider in e.g., figs. 9B and 1 teaches: A method comprising: obtaining a capacitance value (capacitive level measurement with electrode C1 in Fig. 9B, ¶0063) generated at least partially responsive to a capacitive level measurement performed using a level sensing electrode of a capacitive level sensor (C1 see also¶0063 “electrode C1 is responsible only for the level measurement”), the capacitance value at least partially dependent on a level of liquid (¶0063) within a holding region of a holding structure (20,30); obtaining a first reference value (capacitive coupling sensor with electrode C12 in Fig. 9B,¶0063) generated at least partially responsive to a first capacitive distance measurement performed using a first distance sensing electrode (related to C12) of a capacitive distance sensor, the first reference value at least partially dependent on a distance between the first distance sensing electrode and a first conductive structure (the capacitive sensors with electrodes C12 and C22 in Fig. 9B are responsible for sensing the coupling between the container 20 and the receptacle 30, see ¶0063, by detecting a distance or gap, ¶0021-0022 , ¶0047: metallized or metallic surface) on a wall of the holding structure (20,30); obtaining a second reference value (related to C22) generated at least partially responsive to a second capacitive distance measurement performed using a second distance sensing electrode of a second capacitive distance sensor, the second reference value at least partially dependent on a distance between the second distance sensing electrode and a second conductive structure (the capacitive sensors with electrodes C12 and C22 in Fig. 9B are responsible for sensing the coupling between the container 20 and the receptacle 30, see ¶0063, by detecting a distance or gap, ¶00210022 , ¶0047: metallized or metallic surface) on a wall of the holding structure (20,30); changing the capacitance value at least partially based on the first reference value and the second reference value (¶0031:” during level detection the measurement results of the coupling measurement can be utilized in order to increase the accuracy of measurement”); and determining a value representative of the level of liquid within the holding region of the holding structure at least partially based on the changed capacitance value (¶0031: “capacitive measurement of the fill level of a fluid medium in a container" / “during level detection the measurement results of the coupling measurement can be utilized in order to increase the accuracy of measurement"). Claim 7 Schneider in e.g., figs. 9B and 1 teaches: An apparatus comprising: a capacitive level sensor (capacitive level sensor comprising C1 fig.9B, ¶0063), the capacitive level sensor including a level sensing electrode (C1), the capacitive level sensor to generate capacitance values at least partially responsive to capacitive level measurements via the level sensing electrode (C1) of the capacitive level sensor, the capacitance values at least partially dependent on level of liquid (¶0063 “electrode C1 is responsible only for the level measurement”) within a holding region of a holding structure (20,30); a first capacitive distance sensor (coupling capacitive sensor comprising electrode C12) including a distance sensing electrode C12, the first capacitive distance sensor (sensor comprising electrode C12) to generate reference values at least partially responsive to capacitive distance measurements via the distance sensing electrode C12 of the first capacitive distance sensor (the capacitive sensors with electrodes C12 and C22 in Fig. 9B are responsible for sensing the coupling between the container 20 and the receptacle 30, see ¶0063, by detecting a distance or gap, ¶0021-0022 , ¶0047: metallized or metallic surface), the reference values generated by the firs capacitance distance sensor at least partially dependent on distance between the first distance sensing electrode and a first conductive structure on a wall of the holding structure (the capacitive sensors with electrodes C12 and C22 in Fig. 9B are responsible for sensing the coupling between the container 20 and the receptacle 30, see ¶0063, by detecting a distance or gap, ¶0021-0022 , ¶0047: metallized or metallic surface); a second capacitive distance sensor (sensor comprising electrode C22) including a distance sensing electrode C22, the second capacitive distance sensor to generate reference values at least partially responsive to capacitive distance measurements via the distance sensing electrode of the second capacitive distance sensor, the reference values generated by the second capacitance distance sensor at least partially dependent on distance between the second distance sensing electrode and a second conductive structure on the wall of the holding structure (the capacitive sensors with electrodes C12 and C22 in Fig. 9B are responsible for sensing the coupling between the container 20 and the receptacle 30, see ¶0063, by detecting a distance or gap, ¶0021-0022 , ¶0047: metallized or metallic surface); and a logic circuit (evaluation unit in ¶0063; control and evaluation unit in Fig.3) to: obtain a capacitance value from the capacitive level sensor (capacitive level measurement with electrode C1 in Fig. 9B, ¶0063); obtain a first reference value from the first capacitive distance sensor (capacitive coupling sensor with electrode C12 in Fig. 9B, ¶0063); obtain a second reference value from the second capacitive distance sensor (capacitive coupling sensor with electrode C22 in Fig. 9B, ¶0063); change the capacitance value at least partially based on the first reference value and the second reference value (¶0031: "during level detection the measurement results of the coupling measurement can be utilized in order to increase the accuracy of measurement'); and determine a value representative of the level of liquid ("capacitive measurement of the fill level of a fluid medium in a container" in ¶0031) within the holding region of the holding structure at least partially based on the changed capacitance value (¶0031: "during level detection the measurement results of the coupling measurement can be utilized in order to increase the accuracy of measurement"). Claim 13 Schneider in figs. 9B and 1,3 teaches: A system comprising: a holding structure (20); a support structure (30), the support structure (30) having a surface to position in proximity to a wall of the holding structure (20); a capacitive level sensor (capacitive level sensor comprising electrode C1 ¶0063), the capacitive level sensor including a level sensing electrode C1 on the surface of the support structure 30; a first capacitive distance sensor (first capacitive distance sensor comprising C12), the first capacitive distance sensor including a first distance sensing electrode C12 and a first conductive structure (C11), the first distance sensing electrode C12 on the surface of the support structure 30 adjacent to a first end of the level sensing electrode C1, the first distance sensing electrode C12 opposite a first conductive structure C11 on a wall of the holding structure 30; and a second capacitive distance sensor (second capacitive distance sensor comprising C22) , the second capacitive distance sensor including a second distance sensing electrode C22 and a second conductive structure C21, the second distance sensing electrode C22 on the surface of the support structure 30 adjacent to a second end (this is very broad read by two end corner C1) of the level sensing electrode C1, the second distance sensing electrode C22 opposite a second conductive structure C21 on the wall of the holding structure 30. Claims 1-3, 7-8, 10 are also1 rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by TANG, CN 111397701 A. Claim 1 TANG in fig 2 teaches: A method comprising: obtaining a capacitance value (e.g., Ci ¶0006 given also by ¶0021: Ci is the capacitance between the i-th electrode and the liquid medium, which varies with the liquid level) generated at least partially responsive to a capacitive level measurement (e.g., ¶0008) performed using a level sensing electrode (first electrode plate 1, e.g., ¶0041) of a capacitive level sensor (e.g., ¶0041), the capacitance value (e.g., Ci ¶0026) at least partially dependent on a level of liquid (Ci represents the capacitance between the i-th electrode and the reference electrode, and it is correlated with ,i.e., depends on the liquid level, correlated to h) within a holding region of a holding structure (although not explicitly citing a holding structure, 3 to be inside a container to hold plates 3-1 to 3-5 but implicitly it requires a holding structure to support electrodes 3-1 to 3-5 and liquid, they cannot be float and measure level or distance, and liquid is inside not shown container to measure its level using capacitance and also because of e.g., ¶0012.claim 4: it is clear that electrodes must be inside container, see also eq. given in ¶0021); obtaining a first reference value (Ci,0 in e.g., ¶0020) generated at least partially responsive to a first capacitive distance measurement performed using a first distance sensing electrode (upper 1: A single conductive body 1 can broadly act as multiple effective sensing area, portions due to spatially varying electric field coupling) of a capacitive distance sensor (capacitive distance sensor comprising upper portion 1 and 3-5), the first reference value (Ci,0) at least partially dependent on a distance (di: in eq.(1a)) between the first distance sensing electrode (e.g., upper 1) and a first conductive structure (for example 3-5 in empty space, as cited in e.g.,¶0011,0012) on a wall of the holding structure (e.g., 1 and 3-5 broadly include a situation that they are located on any place including wall of liquid container); obtaining a second reference value (Ci,1, ¶0020) generated at least partially responsive to a second capacitive distance measurement performed using a second distance sensing electrode (e.g., lower 1: A single conductive body 1 can broadly act as multiple effective sensing area, portions due to spatially varying electric field coupling) of a second capacitive distance sensor (sensor comprising 3-1 and 1), the second reference value (Ci,1) at least partially dependent on a distance (di in eq.(1b)) between the second distance sensing electrode (e.g., lower 1) and a second conductive structure 3-1 on the wall of the holding structure (on a wall of the holding structure e.g., 1 and 3-1 broadly include a situation that they are located on any place including wall of liquid container); changing the capacitance value (Ci in e.g., eq.(7)) at least partially based on the first reference value (Ci,0) and the second reference value (Ci,1); and determining a value representative of the level of liquid (correlated to h) within the holding region of the holding structure at least partially based on the changed capacitance value (e.g., ¶0026,0052 claims 5,6,8). Claim 2 TANG teaches the method of claim 1, wherein changing the capacitance value (e.g., eq.7) at least partially based on comprises: determining a difference between the first reference value Ci,0 and the second reference value (Ci,1); and changing the capacitance value Ci at least partially based on the difference between the first reference value and the second reference value (Ci,1-Ci,0 in eq.7). Claim 3 TANG teaches the method of claim 1, comprising: providing in proximity to the wall of the holding structure (e.g., electrodes broadly include a situation that they are located on any place including proximity of wall of liquid container) : the level sensing electrode 1, the first distance sensing electrode (lower 1), and the second distance sensing electrode (upper 1). Claim 7 TANG in fig.2 teaches : An apparatus comprising: a capacitive level sensor (e.g., ¶0008,0021,0041: capacitance level sensor comprising the i-th electrode and the liquid medium, which varies with the liquid level), the capacitive level sensor including a level sensing electrode (1), the capacitive level sensor to generate capacitance values (e.g., Ci ¶0006 given also by ¶0021: Ci is the capacitance between the i-th electrode and the liquid medium, which varies with the liquid level) at least partially responsive to capacitive level measurements (Ci represents the capacitance between the i-th electrode and the reference electrode, and it is correlated with ,i.e., depends on the liquid level, correlated to h) via the level sensing electrode (1) of the capacitive level sensor (e.g.,¶0041), the capacitance values (e.g., Ci ¶0006 given also by ¶0021) at least partially dependent on level of liquid (Ci represents the capacitance between the i-th electrode and the reference electrode, and it is correlated with ,i.e., depends on the liquid level, correlated to h) within a holding region of a holding structure(although not explicitly citing a holding structure 3 inside a container to hold plates 3-1 to 3-5 but implicitly it requires a holding structure to support electrodes 3-1 to 3-5 and liquid, they cannot be float and measure level or distance, and liquid is inside not shown container to measure its level using capacitance and because of e.g., ¶0012.claim 4: it is clear that electrodes must be inside container, see also eq. given in ¶0021); a first capacitive distance sensor (capacitance sensor comprising upper 1 and 3-5 : A single conductive body 1 can broadly act as multiple effective sensing area, portions due to spatially varying electric field coupling) including a distance sensing electrode (upper 1), the first capacitive distance sensor(capacitance sensor comprising upper 1 and 3-5) to generate reference values (Ci,0 in e.g., ¶0020) at least partially responsive to capacitive distance measurements via the distance sensing electrode (upper 1) of the first capacitive distance sensor (sensor comprising upper 1 and 3-5), the reference values (Ci,0 ¶0020) generated by the firs capacitance distance sensor (capacitance sensor comprising upper 1 and 3-5) at least partially dependent on distance (d: eq.1a ) between the first distance sensing electrode (upper 1) and a first conductive structure 3-5 on a wall of the holding structure (e.g., 1 and 3-5 broadly include a situation that they are located on any place including wall of liquid container); a second capacitive distance sensor (capacitance sensor comprising lower 1 and 3-1: A single conductive body 1 can broadly act as multiple effective sensing area, portions due to spatially varying electric field coupling) including a distance sensing electrode (lower 1), the second capacitive distance sensor (capacitance sensor comprising lower 1 and 3-1) to generate reference values (Ci,1 ¶0020) at least partially responsive to capacitive distance measurements via the distance sensing electrode (lower 1) of the second capacitive distance sensor (capacitance sensor comprising lower 1 and 3-1), the reference values (Ci,1) generated by the second capacitance distance sensor (capacitance sensor comprising lower 1 and 3-1) at least partially dependent on distance (d:eq.1b) between the second distance sensing electrode (lower 1) and a second conductive structure 3-1 on the wall of the holding structure (e.g., 1 and 3-1 broadly include a situation that they are located on any place including wall of liquid container); and a logic circuit (not shown but related to processing of different equation e.g., eq.7) to: obtain a capacitance value Ci from the capacitive level sensor (capacitance level sensor comprising the i-th electrode and the liquid medium, which varies with the liquid level); obtain a first reference value Ci,0 from the first capacitive distance sensor (capacitance sensor comprising upper 1 and 3-5) ; obtain a second reference value Ci,1 from the second capacitive distance sensor (capacitance sensor comprising lower 1 and 3-1); change the capacitance value (eq.7) at least partially based on the first reference value and the second reference value (Ci,0 and Ci,1); and determine a value representative of the level of liquid (correlated to h) within the holding region of the holding structure at least partially based on the changed capacitance value (e.g., ¶0026,0052 claims 5,6,8). Claim 8 TANG teaches the apparatus of claim 7, wherein: the first distance sensing electrode (upper 1) is arranged adjacent to a first end of the level sensing electrode (1); and the second distance sensing electrode (lower 1) is arranged adjacent to a second end of the level sensing electrode (1). Claim 10 TANG teaches the apparatus of claim 7, wherein the logic circuit to: determine a difference between the first reference value and the second reference value (eq. 7); and; and change the capacitance value Ci at least partially based on the difference between the first reference value and the second reference value (Ci,1-Ci,0 in eq.7). 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. Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over TANG, CN 111397701 A in view of Farmanyan, US 20120240675 A1. Claim 4 TANG teaches the method of claim 3, wherein, providing in proximity to the wall of the holding structure: the level sensing electrode 1, the first distance sensing electrode (lower 1), and the second distance sensing electrode (upper 1), comprises: providing the level sensing electrode 1 opposite the wall of the holding structure (e.g., electrodes broadly include a situation that they are located on any place including proximity of wall of liquid container); providing the first distance sensing electrode (lower 1) adjacent to a first end of the level sensing electrode (middle part 1), the first distance sensing electrode (lower 1) opposite the first conductive structure 3-5 on the wall of the holding structure (e.g., 1 and 3-1 broadly include a situation that they are located on any place including proximity of wall of liquid container); and providing the second distance sensing electrode (upper 1) adjacent to a second end of the level sensing electrode (middle 1), the second distance sensing electrode upper 1 opposite the second conductive structure 3-1 on the wall of the holding structure, but TANG does not specifically teach: the first conductive structure 3-5 electrically connected to ground voltage potential ;the second conductive structure 3-1 electrically connected to ground voltage potential. In the similar field of endeavor, Farmanyan in e.g., fig.1 teaches a capacitance sensor 10 comprising sensing electrode (e.g., 20) and opposite the conductive structure 26 the conductive structure 26 electrically connected to ground voltage potential (e.g., ¶0035). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Farmanyan‘s connection to ground for TANG‘s capacitance distance sensor and the modified TANG’s first conductive structure electrically connected to ground voltage potential ; the modified TANG’s second conductive structure electrically connected to ground voltage potential. One of ordinary skill in the art knows grounded components reduce parasitic capacitance, ensuring that the sensor exclusively measures variations related to the target substance rather than environmental interference and would have been motivated to make this modification in order to reduce environmental interference. Claim 5 TANG teaches the method of claim 3, wherein, providing in proximity to the wall of the holding structure (e.g., electrodes broadly include a situation that they are located on any place including proximity of wall of liquid container): the level sensing electrode 1, the first distance sensing electrode (lower 1), and the second distance sensing electrode (upper 1), comprises: providing the level sensing electrode opposite the wall of the holding structure (1 can be close to one wall); providing the first distance sensing electrode (1 upper) adjacent to a first end of the level sensing electrode ( 1 in the middle), the first distance sensing electrode (upper 1) opposite the first conductive structure (3-5) on the wall of the holding structure (e.g., electrodes broadly include a situation that they are located on any place including wall of liquid container), the first conductive structure 305 electrically floating with respect to the first capacitive distance sensor (capacitance sensor comprising upper 1 and 3-5); and providing the second distance sensing electrode (lower 1) adjacent to a second end of the level sensing electrode (1 in the middle), the second distance sensing electrode (lower 1) opposite the second conductive structure (3-1) on the wall of the holding structure, but does not specifically teach the second conductive structure 3-1 electrically floating with respect to the second capacitive distance sensor (capacitance sensor comprising lower 1 and 3-1). In the similar field of endeavor, Farmanyan in e.g., fig.1 teaches a capacitance sensor 10 comprising sensing electrode (e.g., 20) and opposite the conductive structure 26 the conductive structure 26 electrically connected to ground voltage potential (e.g., ¶0035). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Farmanyan‘s connection to ground for TANG‘s capacitance distance sensor and the modified TANG’s the second conductive structure electrically floating with respect to the modified TANG’s second capacitive distance. One of ordinary skill in the art knows grounded components reduce parasitic capacitance, ensuring that the sensor exclusively measures variations related to the target substance rather than environmental interference would have been motivated to make this modification in order to reduce environmental interference. Claims 9,12 -13 , and 16 are rejected under 35 U.S.C. 103 as being unpatentable over TANG, CN 111397701 A in view of Schneider, US 20130026084 A1. Claim 9 TANG teaches the apparatus of claim 8, wherein the first distance sensing electrode (upper 1) and the second distance sensing electrode (lower 1) but does not specifically teach are located outside an effective region of the capacitive level sensor. In the similar field of endeavor, Schneider2 in e.g., fig.9B teaches distance sensing electrodes (C12 and C22) are located outside an effective region of the capacitive level sensor (20,30). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Schneider‘s electrode location being outside of an effective region of the capacitive level sensor for TANG‘s apparatus wherein the modified TANG’s first distance sensing electrode and the modified TANG’s second distance sensing electrode are located outside an effective region of the modified TANG’s capacitive level sensor. One of ordinary skill in the art knows locating electrodes of capacitive sensing prevents the sensor from contacting the fluid, which is crucial for medical devices like dialysis bubble catchers and would have been motivated to make this modification in order to enable capacitive measurement while ensuring sterility, safety, and compatibility with non-conductive materials (as suggested e.g., ¶0018 Schneider). Claim 12 TANG teaches the apparatus of claim 7, the level sensing electrode of the capacitive level sensor 1; the distance sensing electrode (upper 1) of the first capacitive distance sensor (1 and 3-5) ; and the distance sensing electrode (lower 1)of the second capacitive distance sensor (1 and 3-1), but does not specifically or explicitly teach comprising a support structure having on a surface thereof (although for a sturdy apparatus any electrode system requires a support structure), Schneider in e.g., fig.9B teaches comprising a support structure 30 having on a surface thereof: the level sensing electrode of the capacitive level sensor C1 ; the distance sensing electrode of the first capacitive distance sensor C12; and the distance sensing electrode of the second capacitive distance sensor C22. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Schneider‘s support structure for TANG‘s apparatus and the modified TANG’s support structure having on a surface thereof: the modified TANG’s level sensing electrode of the modified TANG’s capacitive level sensor; the modified TANG’s distance sensing electrode of the modified TANG’s first capacitive distance sensor; and the modified TANG’s distance sensing electrode of the second capacitive distance sensor. One of ordinary skill in the art knows the advantages of a sturdy system and would have been motivated to make this modification in order to facilitating non-invasive measurement, redundant safety for coupling verification, and reliable level detection. Claim 13 TANG in fig.2 teaches : A system comprising: a holding structure (although not explicitly citing a holding structure 3 inside a container to hold plates 3-1 to 3-5 but implicitly it requires a holding structure to support electrodes 3-1 to 3-5 and liquid, they cannot be float and measure level or distance, and liquid is inside not shown container to measure its level using capacitance and because of e.g., ¶0012.claim 4: it is clear that electrodes must be inside container, see also eq. given in ¶0021); a capacitive level sensor (e.g., ¶0006 ¶0021,0041) the capacitive level sensor including a level sensing electrode (1) on the surface of the wall(e.g., 1 and 3-5 that can be on any place including wall of container); a first capacitive distance sensor (capacitance sensor comprising upper 1 and 3-5), the first capacitive distance sensor (capacitance sensor comprising upper 1 and 3-5) including a first distance sensing electrode (upper 1) and a first conductive structure (3-5), the first distance sensing electrode (upper 1) adjacent to a first end of the level sensing electrode (1 in middle), the first distance sensing electrode (upper 1) opposite a first conductive structure(3-5) on a wall of the holding structure; and a second capacitive distance sensor(capacitance sensor comprising upper 1 and 3-5), the second capacitive distance sensor including a second distance sensing electrode (lower 1) and a second conductive structure 3-1, the second distance sensing electrode (lower 1) adjacent to a second end of the level sensing electrode (1 in middle), the second distance sensing electrode (lower 1) opposite a second conductive structure 3-1 on the wall of the holding structure (e.g., 1 and 3-1 that can be on any place including wall of container). TANG does not specifically teach a support structure, the support structure having a surface to position in proximity to a wall of the holding structure; the capacitive level sensor including a level sensing electrode (1) on the surface of the support structure , the first distance sensing electrode (upper 1) on the surface of the support structure, the second distance sensing electrode (lower 1) on the surface of the support structure. Schneider in e.g., fig.9B teaches comprising a support structure 30 having on a surface thereof: the level sensing electrode of the capacitive level sensor C1 ; the distance sensing electrode of the first capacitive distance sensor C12; and the distance sensing electrode of the second capacitive distance sensor C22. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Schneider‘s support structure for TANG‘s apparatus and the modified TANG’s support structure having the modified TANG’s support structure having a surface to position in proximity to a wall of the holding structure; the capacitive level sensor including a level sensing electrode on the modified TANG’s surface of the support structure , the first distance sensing electrode on the modified TANG’s surface of the support structure, the second distance sensing electrode on the modified TANG’s surface of the support structure. One of ordinary skill in the art knows the advantages of a sturdy system and would have been motivated to make this modification in order to facilitating non-invasive measurement, redundant safety for coupling verification, and reliable level detection. Claim 16 TANG in view of Schneider teaches the system of claim 13, TANG teaches comprising a logic circuit to: obtain a capacitance value Ci from the capacitive level sensor (e.g., ¶0006 ¶0021,0041); obtain a first reference value Ci,0 from the first capacitive sensor (capacitance sensor comprising upper 1 and 3-5); obtain a second reference value Ci,1 from the second capacitive sensor(capacitance sensor comprising upper 1 and 3-5); change the capacitance value (eq.7) at least partially based on the first reference value Ci,0 and the second reference value Ci,1; and determine a value representative of the level of liquid (h) within a holding region of the holding structure at least partially based on the changed capacitance value((e.g., ¶0026,0052 claims 5,6,8). Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider, US 20130026084 A1 in view of Farmanyan, US 20120240675 A1. Claim 14 Schneider teaches the system of claim 13, although does not specifically teach wherein the first conductive structure and the second conductive structure are electrically connected to a ground voltage potential. However, it is very known In a capacitive fluid sensor, electrodes are grounded to provide a stable reference potential, shape the electric field for accurate fluid detection, and shield the system from electromagnetic interference. Farmanyan in e.g., fig.1 teaches a capacitance sensor 10 comprising sensing electrode (e.g., 20) and opposite the conductive structure 26 the conductive structure 26 electrically connected to ground voltage potential (e.g., ¶0035). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Farmanyan‘s connection to ground for Schneider‘s capacitance distance sensor and wherein the modified Schneider‘s first conductive structure and the modified Schneider‘ second conductive structure are electrically connected to a ground voltage potential. One of ordinary skill in the art knows grounded components reduce parasitic capacitance, ensuring that the sensor exclusively measures variations related to the target substance rather than environmental interference and would have been motivated to make this modification in order to reduce environmental interference. Claim 15 Schneider teaches the system of claim 13, although does not specifically teach wherein the first conductive structure and the second conductive structure are electrically floating with respect to the first capacitive distance sensor. However, it is very known In a capacitive fluid sensor, electrodes are grounded to provide a stable reference potential, shape the electric field for accurate fluid detection, and shield the system from electromagnetic interference. Farmanyan in e.g., fig.1 teaches a capacitance sensor 10 comprising sensing electrode (e.g., 20) and opposite the conductive structure 26 the conductive structure 26 electrically connected to ground voltage potential (e.g., ¶0035). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Farmanyan‘s connection to ground for Schneider‘s capacitance distance sensor and wherein the modified Schneider‘s first conductive structure wherein the modified Schneider‘s first conductive structure and the modified Schneider‘s second conductive structure are electrically floating with respect to the modified Schneider‘s first capacitive distance sensor. One of ordinary skill in the art knows grounded components reduce parasitic capacitance, ensuring that the sensor exclusively measures variations related to the target substance rather than environmental interference and would have been motivated to make this modification in order to reduce environmental interference. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Schneider, US 20130026084 A1. Claim 18 Schneider teaches the system of claim 16, wherein the logic circuit to: obtain a further capacitance value from the capacitive level sensor (this can be met just duplicate or repeating of determine using C1 and C2 and ¶0029 same measurements over time); obtain a first further reference value from the first distance sensor(this can be met just duplicate or repeating of determine using C11,C12, and ¶0029 same measurements over time); obtain a second further reference value from the second capacitive distance sensor (this can be met just duplicate or repeating of determine C21,C22 and ¶0029 same measurements over time); determine a first difference value based on a difference between the first reference value and the second reference value (this can be met just duplicate or repeating of determine correction using the coupling sensors, and ¶0029 same measurements over time); therefore, considering the measurement system is using these measurements over time (¶0029) it would have been obvious to repeat same process and determine a second difference value based on a difference between the first further reference value and the second further reference value; and generate a signal to indicate a change in position of the holding structure at least partially responsive to the first difference value and the second difference value being different (e.g., ¶0063¶0047) since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (1977). Allowable subject matter Claims 6, 11,17 are 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 6: The prior art, alone or in combination, fails to anticipate or render obvious a method comprising determining a first scaling factor and a second scaling factor at least partially based on the first difference value and the second difference value; changing the first further reference value based on the first scaling factor; changing the second further reference value based on the second scaling factor; changing the further capacitance value at least partially based on the changed first further reference value and the changed second further reference value; and determining a further value representative of the level of liquid within the holding region of the holding structure at least partially based on the changed further capacitance value, in conjunction with the remaining claim limitations. Regarding claim 11: The prior art, alone or in combination, fails to anticipate or render obvious an apparatus wherein the logic circuit to determine a first scaling factor and a second scaling factor at least partially based on the first difference value and the second difference value; change the first further reference value based on the first scaling factor; change the second further reference value based on the second scaling factor; change the further capacitance value at least partially based on the changed first further reference value and the changed second further reference value; and determine a further value representative of the level of liquid within the holding region of the holding structure at least partially based on the changed further capacitance value, in conjunction with the remaining claim limitations. Regarding claim 17: The prior art, alone or in combination, fails to anticipate or render obvious a system wherein the logic circuit to determine a first scaling factor and a second scaling factor at least partially based on the first difference value and the second difference value; change the first further reference value based on the first scaling factor; change the second further reference value based on the second scaling factor; change the further capacitance value at least partially based on the changed first further reference value and the changed second further reference value; and determine a further value representative of the level of liquid within the holding region of the holding structure at least partially based on the changed further capacitance value, in conjunction with the remaining claim limitations. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (DE 102016200762 A1)3 This prior art of record teaches utilizing both a capacitive level sensor 113 and a distance sensor 112 to accurately measure fill levels in a removable container by compensating for micro-misalignments, which alter the air gap and disrupt capacitance readings. The processing unit 111 uses the measured distance to calibrate the capacitive readings in real-time, eliminating errors caused by inconsistencies in the container’s position. Therefore, broadly interpreting two different area of electrodes 112 and 113 imitations independent claims and dependent claims are broadly taught4. NAYDENOV, CN 107532937 A NAYDENOV teaches a liquid level device for measuring liquid in the vehicle tank, the device comprising at least one capacitive detector, said capacitive detector comprises supporting at least one group of the plurality of capacitive elements support structure, wherein the plurality of capacitive elements is arranged to be formed along the longitudinal axis of the at least two capacitive elements of rows (C1, C2), spaced from each other along the axis transverse to the longitudinal axis of the column of the capacitor element. the two capacitance elements of columns of the capacitance elements (11, 12) staggered with each other along the longitudinal axis between the different columns. In in the examples shown in FIG. 4, the ladder platform A of the curve corresponds to such a time, at this moment, liquid level such that, for the considered capacitance measurement value of the capacitance element 12 is less than or equal to the trigger threshold. upon reaching the trigger threshold, the value of the binary code evolution of liquid level adjustment processing unit gives the capacitance element. In the example noted that the defined in the row (i.e., row) C1 of the two capacitor elements 11 in creating the distance between the additional area for measuring liquid level, compared with the existing technology, the additional region corresponding to additional information regarding the liquid level. in the examples shown in FIG. 5, each step platform B curve also corresponds to such a time at the moment, the liquid level such that the capacitance measurement value of capacitance element under consideration is equal to the triggering threshold. upon reaching the trigger threshold, the value of the binary code evolution of liquid level adjustment processing unit gives the capacitance element. It should be noted in the example to the defined in the row (i.e., row) two capacitor elements C4 between 21 distance creating three additional area for measuring liquid level, compared with existing technology, the three additional regions corresponding to three pieces of additional information about the liquid level. Thus, the resolution of the device is remarkably improved. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm. 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, Kristina DeHerrera can be reached at (303) 297-4237. 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. /FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855 1 Please see the conclusion of this action for prior art of record (DE 102016200762 A1) that also reads on these claims, based on the broadest reasonable interpretation . 2 Prior art of record 3 Prior art of record 4 Except for claims 6,11,17
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Prosecution Timeline

Jun 28, 2024
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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1-2
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2y 8m (~7m remaining)
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