Prosecution Insights
Last updated: September 17, 2026
Application No. 18/811,129

FLUID SENSING SYSTEM

Non-Final OA §103§112
Filed
Aug 21, 2024
Priority
Aug 22, 2023 — EU 23382863.1
Examiner
EYASSU, MARRIT
Art Unit
Tech Center
Assignee
Fundació Per A La Universitat Oberta De Catalunya (Uoc)
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
424 granted / 575 resolved
+13.7% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
21 currently pending
Career history
592
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
60.7%
+20.7% vs TC avg
§102
7.4%
-32.6% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 575 resolved cases

Office Action

§103 §112
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 . Claim Objections Claims 1, 9 and 16 are objected to because of the following informalities: As to Claim 1, the instant claim states “having a at least one” in line 6 which appears to be a typographical error. Examiner suggests to replace the aforementioned phrase with “having at least”. As to Claims 9 and 16, the instant claims recite, “PIFA” in the claims. For clarity, it is suggested to fully describe the acronym when reciting for the first time in the claim. Appropriate correction 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. Claim 10 is 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. As to Claim 10, the instant claim recites the limitation “a fluid sensing system” in line 2. It is vague/unclear whether “a fluid sensing system” is an additional fluid sensing system or if “a fluid sensing system” is same as “a fluid sensing system” of claim 1 from which the instant claim depends from. For examining purposes, “a fluid sensing system” is considered as the same fluid sensing system of claim 1 from which the instant claim 10 depends from. As to Claim 10, the instant claim recites the limitation “a fluid-absorbing element” in line 3. It is vague/unclear whether “a fluid-absorbing element” (line 3) is an additional fluid-absorbing element or if “a fluid-absorbing element” (line 3) is same as “a fluid-absorbing element” of claim 1, line 4 from which the instant claim depends from. For examining purposes, “a fluid-absorbing element” is considered as the same fluid-absorbing element of claim 1 from which the instant claim 10 depends from. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over NPL titled “Triple-Resonance Chipless RFID Tag With Dual Circularly-Polarized Wideband Reader Antenna for Wirelessly Differentiating Liquid”, dated June 2021, by Yizhu Shen et al. (hereinafter “Shen”). Regarding Claim 1, Shen teaches a fluid sensing system (see abstract and introduction sections at page 154 describing wirelessly differentiating specified liquid samples using wideband reader antennas and chipless RFID tags, see also page 155, 1st Column, last paragraph describing the dual-CP RFID reader antenna with chipless tag of Fig. 1 which is used to identify and differentiate specified liquid samples, see also system of Fig. 7 at page 159) comprising a planar antenna (see the chipless RFID tag at Fig. 4 as described in section “IV. Chipless Tag With Triple Resonances” at pages 156 – 158, which includes meandered slots forming the quarter-mode substrate integrated waveguide (QMSIW) comprising the substrate integrated waveguide (SIW), hence the meandered slots and the waveguides of the tag forming the planar antenna as claimed) comprising a non-fluid-absorbing substrate (see “substrate” of Fig. 4a, see description at page 157, 2nd Column, last paragraph describing the fabrication of the tag formed from “a single-layered Rogers R04003C”, thus being a non-fluid absorbing substrate as claimed), the non-fluid-absorbing substrate comprising a seat (see arrangement at Fig. 4a illustrating the triangular through-vias and description at page 157, 2nd Column last paragraph – page 158, 1st Column first paragraph which states “Empty triangular through-vias are drilled at the four corners of each square-ring slot, thus forming a seat as claimed), the seat configured to embed a fluid-absorbing element (see page 157, 2nd Column last paragraph – page 158, 1st Column first paragraph which states “Empty triangular through-vias are drilled at the four corners of each square-ring slot, and is inserted with insulating polyvinyl alcohol (PVA) microporous sponge. PVA sponge is used to absorb liquid under test”); and a conductor layer (see top and bottom layers being copper layers with thickness as described at page 157, 2nd Column at last paragraph, thus forming a conductor layer of the SIW) on the non-fluid-absorbing substrate (see arrangement at Fig. 4a), the planar antenna (see QMSIW, SIW, Figs. 4a, 4b) having a at least one resonant frequency (see the tag which includes the claimed antenna of Fig. 4 describing having three resonant frequencies, see Fig. 4c, see also page 158, 1st Column describing the three resonant frequency); and wherein the planar antenna is configured to vary the resonant frequency based on fluid absorbed by the fluid-absorbing element (see section V at pages 158 – 160 describing the chipless tag and the dual-CP RFID reader antenna used for liquid identification and differentiation, see Figs. 5b – 6b which illustrates the frequency offset when using the system with three different relative permittivity, resulting in frequency offset being linear with the variation of relative permittivity of the liquid being analyzed, hence reading on the invention as claimed). Insofar as Shen may be construed as not explicitly stating the LP chipless tag as being a planar antenna, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize the chipless tag of Shen as the claimed planar antenna, since the tag of Shen comprises or is made of SIW substrate comprising the meandered slots which operates at the resonant frequencies as described above, hence resulting in SIW based antenna. Note also that the chipless tag of Shen is a chipless RFID tag thus it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize an antenna within the RFID tag, since RFID tags include antennas within the tags in order to communicate with the reader antennas. Regarding Claim 10, Shen teaches a method for determining fluid properties, the method comprising: - providing a fluid sensing system according to claim 1 (see rejection of claim 1 above), - embedding a fluid-absorbing element in the seat of the non-fluid-absorbing substrate (see page 157, 2nd Column last paragraph – page 158, 1st Column first paragraph which states “Empty triangular through-vias are drilled at the four corners of each square-ring slot, and is inserted with insulating polyvinyl alcohol (PVA) microporous sponge. PVA sponge is used to absorb liquid under test”); and -determining properties of fluid absorbed by the fluid-absorbing element based at least on a frequency of maximum signal reception power, the signal reception power being at least a part of the signal power of a transmitted signal, received by a reception antenna (see section V at pages 158 – 160 describing the chipless tag and the dual-CP RFID reader antenna used for liquid identification and differentiation, see Figs. 5b – 6b which illustrates the frequency offset when using the system with three different relative permittivity, resulting in frequency offset being linear with the variation of relative permittivity of the liquid being analyzed, see for instance description at page 159, 1st Column under subsection “A. Chipless Tag Illuminated by CP Plane Wave”, hence reading on the invention as claimed). Regarding Claim 16, Shen teaches a fluid sensing system (see abstract and introduction sections at page 154 describing wirelessly differentiating specified liquid samples using wideband reader antennas and chipless RFID tags, see also page 155, 1st Column, last paragraph describing the dual-CP RFID reader antenna with chipless tag of Fig. 1 which is used to identify and differentiate specified liquid samples, see also system of Fig. 7 at page 159) comprising a planar antenna (see the chipless RFID tag at Fig. 4 as described in section “IV. Chipless Tag With Triple Resonances” at pages 156 – 158, which includes meandered slots forming the quarter-mode substrate integrated waveguide (QMSIW) comprising the substrate integrated waveguide (SIW), hence the meandered slots and the waveguides of the tag forming the planar antenna as claimed) comprising a non-fluid-absorbing substrate (see “substrate” of Fig. 4a, see description at page 157, 2nd Column, last paragraph describing the fabrication of the tag formed from “a single-layered Rogers R04003C”, thus being a non-fluid absorbing substrate as claimed), the non-fluid-absorbing substrate comprising a seat (see arrangement at Fig. 4a illustrating the triangular through-vias and description at page 157, 2nd Column last paragraph – page 158, 1st Column first paragraph which states “Empty triangular through-vias are drilled at the four corners of each square-ring slot, thus forming a seat as claimed), the seat configured to embed a fluid-absorbing element (see page 157, 2nd Column last paragraph – page 158, 1st Column first paragraph which states “Empty triangular through-vias are drilled at the four corners of each square-ring slot, and is inserted with insulating polyvinyl alcohol (PVA) microporous sponge. PVA sponge is used to absorb liquid under test”), the seat comprising a triangular shape comprising a height H, a width W and a length L (see dimension of the triangular shaped vias at Fig. 4a which comprises height, width and length); and a conductor layer (see top and bottom layers being copper layers with thickness as described at page 157, 2nd Column at last paragraph, thus forming a conductor layer of the SIW) on the non-fluid-absorbing substrate (see arrangement at Fig. 4a), the planar antenna (see QMSIW, SIW, Figs. 4a, 4b) having at least one resonant frequency (see the tag which includes the claimed antenna of Fig. 4 describing having three resonant frequencies, see Fig. 4c, see also page 158, 1st Column describing the three resonant frequency); and wherein the planar antenna is a PIFA antenna (see page 155, 2nd Column last three lines and page 156, 2nd Column last paragraph describing the single-layered planar LP chipless tag thus being a planar integration, hence reading on the invention as claimed) and is configured to vary the resonant frequency based on fluid absorbed by the fluid-absorbing element (see section V at pages 158 – 160 describing the chipless tag and the dual-CP RFID reader antenna used for liquid identification and differentiation, see Figs. 5b – 6b which illustrates the frequency offset when using the system with three different relative permittivity, resulting in frequency offset being linear with the variation of relative permittivity, see for instance description at page 159, 1st Column under subsection “A. Chipless Tag Illuminated by CP Plane Wave”, hence reading on the invention as claimed). Even though Shen teaches a triangular shape seat as described above, Shen is silent regarding the seat comprising a cubic shape. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a seat comprising a cubic shape, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). The modification allows improvement in cases where directional absorption is desired. Insofar as Shen may be construed as not explicitly stating the LP chipless tag as being a planar antenna, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize the chipless tag of Shen as the claimed planar antenna, since the tag of Shen comprises or is made of SIW substrate comprising the meandered slots which operates at the resonant frequencies as described above, hence resulting in SIW based antenna. Note also that the chipless tag of Shen is a chipless RFID tag thus it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize an antenna within the RFID tag, since RFID tags include antennas within the tags in order to communicate with the reader antennas. In addition, insofar as Shen may be construed as not explicitly teaching the planar antenna being a PIFA antenna, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a PIFA antenna, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). The modification of using PIFA antenna allows for a more compact size, ease of integration and cost-effective design. Regarding Claims 2, 11 and 19, Shen as modified above teaches comprising a transmitter and a receiver, and wherein the transmitter comprises the planar antenna (see arrangement at Figs. 1, 4a, illustrating the LP chipless tag operating as both a receiver and a transmitter, i.e., the chipless tag comprising the claimed planar antenna, receives data from the Tx reader circuit and also sends data to the Rx reader circuit, hence the chipless tag comprises a transmitter and a receiver as claimed). Regarding Claims 3, 12 and 20, Shen as modified above teaches comprising a transmitter and a receiver , and wherein the receiver comprises the planar antenna (see arrangement at Figs. 1, 4a, illustrating the LP chipless tag operating as both a receiver and a transmitter, i.e., the chipless tag comprising the claimed planar antenna, receives data from the Tx reader circuit and also sends data to the Rx reader circuit, hence the chipless tag comprises a transmitter and a receiver as claimed). Regarding Claim 4, Shen as modified above teaches comprising a transmitter-receiver and a radio frequency, RF, transponder (see dual CP reader antennas and RFID LP chipless tag, Fig. 1), and wherein either the transmitter-receiver or the RF transponder comprise the planar antenna (see page 155, 1st Column first paragraph describing the RFID system and the components, see also Figs. 1, 4a, and page 155, 1st Column, last paragraph – 2nd Colmn describing the components of Fig. 1 comprising the transmitter-receiver and RF tag, hence reading on the invention as claimed). Regarding Claim 5, Shen as modified above teaches wherein the planar antenna further comprises a second layer comprising a conductor material (see bottom layer of the antenna structure at Fig. 4a, the bottom layer being copper layer, hence serving as the claimed second layer comprising a conductor material, see page 157, 2nd Colmn last paragraph). Regarding Claims 6 and 18, Shen as modified above teaches wherein the planar antenna further comprises a second layer comprising a conductor material (see bottom layer of the antenna structure at Fig. 4a, the bottom layer being copper layer, hence serving as the claimed second layer comprising a conductor material, see page 157, 2nd Colmn last paragraph); and an electrical connection between the second layer (bottom layer of Fig. 4a) and the conductor layer (see top layer as the conductor layer, Fig. 4a) by one or more conductor materials (see arrangement at Fig. 4a illustrating vias between the top layer and the bottom layer and Fig. 4b illustrating the metal via of each SIW/QMSIW structures, hence reading on the invention as claimed). Regarding Claim 7, Shen as modified above teaches wherein the seat comprises a triangular shape comprising a height H, a width W and a length L (see dimension of the triangular shaped vias at Fig. 4a which comprises height, width and length). Even though Shen teaches a triangular shape seat as described above, Shen is silent regarding the seat comprising a cubic shape. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a seat comprising a cubic shape, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). The modification allows improvement in cases where directional absorption is desired. Regarding Claims 8 and 17, Shen as modified above teaches wherein the non-fluid-absorbing substrate comprises a dielectric material (see substrate at Fig. 4a, see page 157, 2nd Column last paragraph describing the substrate as a single layered Rogers RO4003C, hence comprising a dielectric material as claimed). Regarding Claim 9, Shen as modified above teaches wherein the planar antenna further comprises a second layer comprising a conductor material (see bottom layer of the antenna structure at Fig. 4a, the bottom layer being copper layer, hence serving as the claimed second layer comprising a conductor material, see page 157, 2nd Colmn last paragraph) and wherein the planar antenna comprises a patch antenna or a PIFA antenna (see for instanced the 3x3 chipless tag at Figs. 5 – 7, hence comprising a patch antenna as claimed). Insofar as Shen may be construed as not explicitly teaching the planar antenna being a PIFA antenna, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a PIFA antenna, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). The modification of using PIFA antenna allows for a more compact size, ease of integration and cost-effective design. Regarding Claim 13, Shen as modified above teaches wherein providing the fluid sensing system comprises providing the planar antenna connected to an RF transponder (see arrangement at Fig. 1 illustrating the RFID chipless tag with the reader/transponder, hence reading on the invention as claimed); and the method may further comprise receiving and transmitting the transmitted signal by the planar antenna (see arrangement at Figs. 1 and 7 illustrating the system comprising the chipless tag which is configured to receive and transmit the signals, hence reading on the invention as claimed). Regarding Claim 14, Shen as modified above teaches wherein the frequency of maximum signal reception power is comprised in a range from 800 to 1000 MHz, or from 1 to 3 GHz, or from 3 to10GHz, or from 10 to 100 GHz (see power of the LHCP TX and RHCP RX frequency ranges as illustrated at Fig. 3 and described at page 156, 2nd Column which includes frequency ranges at 7.5 GHz, hence reading on the invention as claimed). Regarding Claim 15, Shen as modified above teaches comprising transmitting a signal, by the planar antenna, at a transmission frequency or at a plurality of frequencies within a frequency range (see ; or wherein the signal reception power is the signal power of the transmitted signal received by the planar antenna; or wherein the signal reception power is the signal backscattered by a radio frequency, RF, transponder connected to the planar antenna (see analysis of the result of using the dual-CP reader antenna and the RFID chipless tag of Shen at Figs. 5 – 7 which illustrates the transmission coefficient (S21) and the reflection coefficient (S11) to observe the variation of frequencies which then is used to identify the desired liquid sample, thus comprising at least a transmission frequency and/or use of signal backscattered data as claimed). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant prior art: Hameed et al. (U.S. 11,119,053 B2) teaches wireless sensing devices including stable near-field antenna with a spacer layer is attached to a portion of the substrate adjacent to the antenna. The spacer layer has a thickness T, a relative permittivity k, and a figure of merit defined as the ratio of T (in micrometers) by k. Surman et al. (U.S. 2017/0045492 A1) teaches sensor systems for measuring an interface level in a multi-phase fluid composition. The sensor includes a resonant transducer, the resonant transducer being configured to determine the composition of an emulsion or other dispersion. The resonant transducer has a sampling cell, a bottom winding disposed around the sampling cell, and a top winding disposed around the bottom winding. Kurs et al. (U.S. 2024/02988914 A1) teaches detecting and imaging using dielectric tomography. An example of a method includes positioning an object in at least a portion of an electromagnetic field of a characterized sensor including at least one transmit antenna configured to transmit a radio frequency signal within 10 MHz and 10 GHz, positioning one or more receive antennas configured to receive one or more radio frequency signals scattered by the object, determining permittivity information associated with the object based at least in part on phase and magnitude measurements of the one or more radio frequency signals received by the one or more receive antennas, and computing one or more images based on the permittivity information and calibration information associated with the characterized sensor. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARRIT EYASSU whose telephone number is (571)270-1403. The examiner can normally be reached M - F: 9:00AM - 6:00PM. 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, Laura E. Martin can be reached at (571) 272-2160. 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. /MARRIT EYASSU/Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Aug 21, 2024
Application Filed
Sep 02, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
89%
With Interview (+15.0%)
2y 10m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 575 resolved cases by this examiner. Grant probability derived from career allowance rate.

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