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 (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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/26/2024, 10/31/2024 and 04/04/2025 have been considered by the examiner.
Oath/Declaration
Oath/Declaration as file 10/31/2024 is noted by the Examiner.
Claim Objections
Claims 1 and 13 are objected to because of the following informalities:
Claim 1 recites the limitation “…a probe arrangement which is configured to cause an electromagnetic resonance of the resonator within the cavity in response to electric energy fed…” in lines 9-10 of Claim 1. The underlined limitation appears to refer to the same “cavity of the resonator with mineral material” disclosed earlier in Claim 1. If this is the case, please change the limitation in question to “the cavity of the resonator with mineral material”.
Claim 1 recites the limitation “…the solid material structure of the resonator and within the cavity are configured to cause an uneven distribution of a magnetic field of the resonance between within the cavity and the solid material structure such that a magnetic field is cancelled in within the cavity caused by a higher relative permittivity of the solid material structure than that of within the cavity; the solid material structure is a plate, which has a hole through the plate, and the hole is located inside the outer circumference and the hole comprises within the cavity; within the cavity is configured to contain the mineral material for a moisture measurement;…” in lines 12-21 of Claim 1. The underlined limitations appear to refer to the same “cavity of the resonator with mineral material” disclosed earlier in Claim 1. If this is the case, please change the limitation in question to “the cavity of the resonator with mineral material”.
Claim 13 recites the limitation “…wherein the resonator, which is a radio and/or microwave cavity resonator, is partly filled with a solid material structure… and the probe arrangement located within the solid material structure causes an electromagnetic resonance within a cavity of the resonator in response to the electric energy fed thereto, within the cavity 106 of the measurement apparatus being limited by the solid material structure 114, and a relative permittivity of the solid material structure of the resonator is higher than that of the cavity with mineral material; causing, by the solid material structure of the resonator and the cavity… resulting in a distribution where the magnetic field is mainly located within the solid material structure of the resonator and less within the cavity; outputting, by the probe arrangement, a frequency response of the resonator affected by the mineral material…” in lines 4-20 of Claim 13. The underlined limitations appear to refer to the same “resonator of the measurement apparatus” disclosed earlier in Claim 13. If this is the case, please change the limitation in question to “the resonator of the measurement apparatus”.
Claim 13 recites the limitation “…resonance within a cavity of the resonator in response to the electric energy fed thereto, within the cavity 106 of the measurement apparatus being limited by the solid material structure 114, and a relative permittivity of the solid material structure of the resonator is higher than that of the cavity with mineral material; causing, by the solid material structure of the resonator and the cavity, an uneven distribution of a magnetic field of the resonance between the cavity and the solid material structure, and cancelling magnetic field in the cavity resulting in a distribution where the magnetic field is mainly located within the solid material structure of the resonator and less within the cavity; outputting, by the probe arrangement, a frequency response of the resonator affected by the mineral material within the cavity for determination of a moisture content of the mineral material.” in lines 4-20 of Claim 13. The underlined limitations appear to refer to the same “cavity of the resonator” disclosed earlier in Claim 13”. If this is the case, please change the limitation in question to “the cavity of the resonator”.
Claim 13 recites the limitation “…he cavity 106 of the measurement apparatus being limited by the solid material structure 114, and…”. It appears that the underlined numbers were meant to be removed as part of a preliminary amendment, but they still remain. If Applicant did intend to remove said numbers, the please do so.
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 13 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.
Claim 13 recites the limitation " the hole being located inside the outer circumference and the hole comprising the cavity, " in line 7 of Claim 13. There is insufficient antecedent basis for this limitation in the claim. There is no prior mention of a “cavity” prior to this disclosure; unless it refers to the “radio and/or microwave cavity resonator” disclosed earlier in Claim 13 or to the same “cavity of the resonator” disclosed later in Claim 13; in which case, a proper correction would be needed.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph as they are dependent on Claim 1.
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.
Claim(s) 1, 2, 7-9 and 11-13 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Harrison et al. US 2016/0123899 (Hereinafter Harrison).
Regarding claim 1, Harrison teaches a measurement apparatus for measuring moisture of mineral material (Figs. 1, 5, 7), and the measurement apparatus comprises a resonator (Fig. 1; primary resonator, 1), wherein
the resonator (Fig. 1; primary resonator, 1), which is a radio and/or microwave cavity resonator (Fig. 1; primary resonator, 1), is partly filled with a solid material structure (Fig. 1; insulator material, 18p);
a relative permittivity ([0063-0073]; permittivity) of the solid material structure (Fig. 1; insulator material, 18p) of the resonator (Fig. 1; primary resonator, 1) is configured to be higher than that of a cavity (Fig. 1; cavity, 11p) of the resonator with mineral material ([0063-0073]; permittivity; see tables);
the resonator (Fig. 1; primary resonator, 1) comprises, within the solid material structure (Fig. 1; insulator material, 18p), a probe arrangement (Fig. 1; antennae, 20p) which is configured to cause an electromagnetic resonance (Fig. 1; [0042]; antennae, 20p; “As described further below, one of the antennae 20p is used to generate a resonant EM field inside the cavity 11p, that is typically a radio-frequency resonant EM field, and the other one of the antennae 20p is used to detect that resonant EM field”) of the resonator (Fig. 1; primary resonator, 1) within the cavity (Fig. 1; cavity, 11p) in response to electric energy (Fig. 1; antennae, 20p) fed through the probe arrangement (Fig. 1; antennae, 20p) to the resonator (Fig. 1; primary resonator, 1) with TM010 mode (Fig. 1; antennae, 20p);
the solid material structure (Fig. 1; insulator material, 18p) of the resonator (Fig. 1; primary resonator, 1) and the cavity (Fig. 1; cavity, 11p) are configured to cause an uneven distribution of a magnetic field of the resonance between the cavity and the solid material structure ([0063-0073]; permittivity; se tables) such that a magnetic field is cancelled in the cavity caused by a higher relative permittivity of the solid material structure than that of the cavity ([0063-0073]; permittivity; se tables);
the solid material structure is a plate (Fig. 1; [0039]; Claim 7; insulator material, 18p), which has a hole through the plate (Fig. 1; openings, 14p), and the hole is located inside the outer circumference (Fig. 1; openings, 14p) and the hole comprises the cavity (Fig. 1; cavity, 11p);
the cavity (Fig. 1; cavity, 11p) is configured to contain the mineral material for a moisture measurement (Fig. 1; Abstract; [0081]; cavity, 11p); and
the probe arrangement (Fig. 1; antennae, 20p) is configured output a frequency response of the resonator (Fig. 1; primary resonator, 1) affected by the mineral material for determination of moisture content of the mineral material (Fig. 1; antennae, 20p).
Regarding claim 2, Harrison further teaches the measurement apparatus of claim 1, wherein the solid material structure of the resonator comprises Zirconia ZrO2 (Fig. 1; [0039]; insulator material, 18p; “he insulator material 18p may be any material selected to provide the desired degree of resilience”).
Regarding claim 7, Harrison further teaches the measurement apparatus of claim 1, wherein the measurement apparatus is configured to measure mineral material (Figs. 1, 5, 7), which comprises ferromagnetic and/or ferrimagnetic materials (Figs. 1, 5, 7).
Regarding claim 8, Harrison further teaches the measurement apparatus of claim 1, wherein the measurement apparatus is configured to measure mineral material (Figs. 1, 5, 7), which comprises Magnetite and/or Hematite (Figs. 1, 5, 7).
Regarding claim 9, Harrison further teaches the measurement apparatus of claim 1, wherein the probe arrangement (Fig. 1; antennae, 20p) comprises a second coupling probe located at a position (Fig. 1; antennae, 20p), where d is at a radial distance from a longitudinal axis of the resonator of a first coupling probe (Fig. 1; antennae, 20p), and the angle α is π/2 between the first probe and the second probe (Fig. 1; antennae, 20p).
Regarding claim 11, Harrison further teaches the measurement apparatus of claim 1, wherein the probe arrangement comprises a pair of coupling probes located at a position (Figs. 1, 5, 7), where l is at a radial distance from a longitudinal axis of the resonator for the pair of the coupling probes and the angle β is π between the pair of the coupling probes (Figs. 1, 5, 7), and measurement apparatus is configured to feed the pair of coupling probes with a signal that has the same phase for both of them in order to cancel a disturbing resonance at a frequency different from the measured resonance frequency (Figs. 1, 5, 7).
Regarding claim 12, Harrison further teaches the measurement apparatus of claim 1, wherein the measurement apparatus comprises a duct attached with the hole (Figs. 1, 5, 7), the duct being configured allow flow of the mineral material through the measurement apparatus (Figs. 1, 5, 7); the measurement apparatus comprises a layer of electrically conductive material on the plate of the solid material structure and the duct (Figs. 1, 5, 7).
Regarding claim 13, Harrison teaches a measurement method of measuring moisture of mineral material (Figs. 1, 5, 7), the method comprising
feeding electric energy to a resonator (Fig. 1; primary resonator, 1) of a measurement apparatus by a probe arrangement (Fig. 1; antennae, 20p), wherein the resonator (Fig. 1; primary resonator, 1), which is a radio and/or microwave cavity resonator (Fig. 1; primary resonator, 1), is partly filled with a solid material structure (Fig. 1; insulator material, 18p), the solid material structure (Fig. 1; insulator material, 18p) being a plate having a hole (Fig. 1; openings, 14p) through the plate (Fig. 1; [0039]; Claim 7; insulator material, 18p), the hole being located inside the outer circumference (Fig. 1; openings, 14p) and the hole comprising the cavity (Fig. 1; cavity, 11p), and the probe arrangement (Fig. 1; antennae, 20p) located within the solid material structure (Fig. 1; insulator material, 18p) causes an electromagnetic resonance (Fig. 1; [0042]; antennae, 20p; “As described further below, one of the antennae 20p is used to generate a resonant EM field inside the cavity 11p, that is typically a radio-frequency resonant EM field, and the other one of the antennae 20p is used to detect that resonant EM field”) within a cavity (Fig. 1; cavity, 11p) of the resonator (Fig. 1; primary resonator, 1) in response to the electric energy fed thereto (Fig. 1; antennae, 20p), the cavity 106 of the measurement apparatus (Fig. 1; cavity, 11p) being limited by the solid material structure 114 (Fig. 1; insulator material, 18p), and a relative permittivity ([0063-0073]; permittivity) of the solid material structure of the resonator is higher than that of the cavity with mineral material ([0063-0073]; permittivity; see tables);
causing, by the solid material structure (Fig. 1; insulator material, 18p) of the resonator (Fig. 1; primary resonator, 1) and the cavity (Fig. 1; cavity, 11p), an uneven distribution of a magnetic field of the resonance between the cavity and the solid material structure ([0063-0073]; permittivity; se tables), and cancelling magnetic field in the cavity resulting in a distribution where the magnetic field is mainly located within the solid material structure of the resonator and less within the cavity ([0063-0073]; permittivity; se tables);
outputting, by the probe arrangement (Fig. 1; antennae, 20p), a frequency response of the resonator (Fig. 1; primary resonator, 1) affected by the mineral material within the cavity for determination of a moisture content of the mineral material (Fig. 1; antennae, 20p).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Harrison in view of Gao “On-Line Measurement of Moisture Content of Orion Ore Slurries” (Provided by Applicant; Hereinafter Gao).
Regarding claim 3, Harrison further teaches the measurement apparatus of claim 1, wherein the measurement apparatus comprises a data processing unit (Figs. 5, 7; processor, 54).
Harrison does not specifically teach a data processing unit which is configured to determine the density compensated moisture content of the mineral material based on the frequency response of the resonator affected by the mineral material.
However, Gao does teach a data processing unit which is configured to determine the density compensated moisture content of the mineral material based on the frequency response of the resonator affected by the mineral material (Page 39, last paragraph).
It would have been obvious before the effective filing date of the claimed invention to modify the cavity resonator system by implementing the teachings of Gao regarding a data processing unit which is configured to determine the density compensated moisture content of the mineral material based on the frequency response of the resonator affected by the mineral material; in order to obtain a reasonable moisture content (See Gao; Page 39, last paragraph).
Allowable Subject Matter
Claims 4-6, 10 and 14 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 an examiner’s statement of reasons for allowance (As long as Applicant is able to overcome the Claim Objections and 112 Rejection disclosed earlier in the Office Action):
Regarding claim 4, the prior art does not teach or suggest, in combination with the rest of the limitations of claims 1 and 3,
“…wherein the data processing unit is configured to determine the density compensated moisture content of the mineral material based on at least two of the following of the frequency response: a resonance frequency of the resonator, a Q-value of the resonance and a signal level of the resonance.”
Regarding claim 5, the prior art does not teach or suggest, in combination with the rest of the limitations of claims 1 and 3,
“…wherein the data processing unit comprises one or more processors; and one or more memories including computer program code; the one or more memories and the computer program code configured to, with the one or more processors, cause data processing unit at least to: determine the moisture content of the mineral material based on the frequency response of the resonator affected by the mineral material.”
Regarding claim 6, the prior art does not teach or suggest, in combination with the rest of the limitations of claim 1,
“…wherein the measurement apparatus comprises two sample feeding systems, a first sample feeding system of which is configured to feed the mineral material toward a second sample feeding system at a first volumetric flow rate, and the second sample feeding system is configured feed the mineral material to and through the cavity of the resonator at a second volumetric flow rate, which is greater than the first volumetric flow rate.”
Regarding claim 10, the prior art does not teach or suggest, in combination with the rest of the limitations of claims 1 and 9,
“…wherein the second probe is in the zero of a disturbing resonance in the resonator in order to cancel the disturbing resonance at a frequency different from the measured resonance frequency.”
Regarding claim 14, the prior art does not teach or suggest, in combination with the rest of the limitations of claim 13,
“…the method further comprising determining a density compensated moisture content of the mineral material based on at least two of the following of the frequency response: a resonance frequency of the resonator, a Q-value of the resonance and a level of the signal of the resonance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alvarez US 2021/0278351 - A pressure cell system includes a pressure cell configured to house a sample within inner walls of the pressure cell.
Nyfors US 2004/0085077 - A method for measuring properties of a flowing fluid composition comprising at least two different components, while the fluid composition is flowing through a duct or channel, which flow meter comprises: at least one sensor (2, 3) in the shape of a cavity resonator through which at least a portion of the fluid composition passes; at least one electronic circuit (4) comprising a transmitting means (11) adapted to transmit an electronic signal (9) into the flowing fluid via a probe (7, 11); at least one receiving means adapted to receive a signal which has traveled through the flowing fluid composition; and at least one signal processing unit (12) adapted to deduce fluid specific signals from the received signals.
Troxler et al. US 2005/0150278 - A method of obtaining a material property of a pavement material from a microwave field generally includes generating a microwave frequency electromagnetic field of a first mode about the pavement material.
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/RAUL J RIOS RUSSO/Examiner, Art Unit 2858