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 .
Claims
Claims 1-3 and 5-14 are pending.
Claim 1 is amended.
Claim 14 is newly added.
Claim 4 is cancelled.
Response to Arguments
Applicant’s arguments, pages 6-9 of 08/06/2026, with respect to the 103 rejections have been fully considered and are persuasive. The 103 rejections have been withdrawn per applicant’s amendments to the claims.
Examiner notes that due to the amendments of claim 1, a new 112 rejection has been set forth.
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 1-3 and 5-14 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.
Regarding claim 1, the claim recites “a relative position of the level setting value with respect to a visual representation of the container together with a bar display arranged side by side with the visual representation of the container, in which a length expands and contracts according to a value of the level determined by the level determination unit”. However it is unclear what “a length” is referring to. Is it a length of visual representation? Is it a length of a bar graph? Therefore, the claim has been rendered indefinite.
The claim also recites “ a length of the bar display with respect to a size of the visual representation of the container corresponds to a relative position of the determined level with respect to the container based on the container information”. However “a length” has already been introduced and it is unclear if the claim is attempting to refer back to the already introduced “length” or a new respective “length”. Therefore, the claim has been rendered indefinite.
Claim 1 recites “ a length of the bar display with respect to a size of the visual representation of the container corresponds to a relative position of the determined level with respect to the container based on the container information”. However it is unclear if the length of the bar display corresponds to a direct or indirect position of the determined level as the term “relative” leaves the limitation unclear. Therefore, the claim has been rendered indefinite.
Allowable Subject Matter
Claims 1-3 and 5-14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office Action.
The following is a statement of reasons for the indication of allowable subject matter: Prior arts made available do not teach, or fairly suggest, a display configured to display, based on the level determined by the level determination unit, the container information, and the level setting value, a relative position of the level setting value with respect to a visual representation of the container together with a bar display arranged side by side with the visual representation of the container, in which a length expands and contracts according to a value of the level determined by the level determination unit, wherein a length of the bar display with respect to a size of the visual representation of the container corresponds to a relative position of the determined level with respect to the container based on the container information.
Koji JP2014002091 discloses a level gauge comprises: distance measuring means for measuring a distance to an interface of a medium on the basis of a propagation time of a reflection pulse 5; interface level calculating means for calculating a distance from an open end 22 to the interface as an interface level on the basis of the length of a probe 20 and the distance measured by the distance measuring means; relative level calculating means for calculating a relative value of a distance, regarding an input/output end 21 as an upper end value, as a relative level of the interface, by regarding a predetermined position on the probe 20 as a reference value on the basis of the distance measured by the distance measuring means; user designation means for designating the reference value of the relative level; and level display means for switchably displaying either the interface level or the relative level or simultaneously displaying both the interface level and the relative level.
Halverson et al US5936622 (hereinafter “Halverson“) discloses a method and computer program product are provided for displaying visual threshold setting indicators and threshold activation indicators with information displayed in a graph on a computer display screen. At least one threshold setting indicator is displayed on a first predetermined screen area. Each threshold setting indicator corresponds to a selected threshold setting. Sequential data parameter values are displayed on a graph on a second predetermined screen area. The data parameter values are compared with each selected threshold setting. Responsive to matching compared values, a threshold activation indicator is displayed on a third predetermined screen area. The first predetermined screen area for displaying visual threshold setting indicators is along a first graph axis, such as the vertical graph axis and the third predetermined screen area for displaying threshold activation indicators is along a second graph axis, such as the horizontal graph axis.
The instant application provides the advantage of the level meter allows the user to easily visually grasp the position of the level setting value related to the level with respect to the container by confirming the display portion. The level meter allows the user to visually recognize the display content by external light reflected on the surface.
Conclusion
The 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). The 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm.
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/NIGEL H PLUMB/Examiner, Art Unit 2855
/Eric S. McCall/Primary Examiner, Art Unit 2855
