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 .
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 14, 16, 17, 20, and 21 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.
Regarding claim 14, the claim recites “the sensor unit comprises at least one energy storage element (ESE), such as battery, capacitor or supercapacitor, energy harvesting unit, a power management unit (PMU) and a logic sensor unit (LSU).”, however it is unclear if the claim is reciting the sensor unit comprises at least one of the components listed (i.e. a ESE, a PMU or an LSU) or if the claim is reciting the sensor unit comprises at least one of the ESE and a LSU. Therefore, the claim has been rendered indefinite. For the purpose of examination, examiner will treat the claim has the sensor unit comprising at least one of the components recited in the claim (i.e. a ESE, a PMU or an LSU).
Regarding claim 16, the claim recites the limitation "the sensor system". There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 20, the claim recites the limitation "the inlet-outlet unit". There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 15 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 15 recites “ the power management unit keeps the logic sensor unit electrically decoupled from the energy storage until a threshold voltage is exceeded, upon when the logic sensor unit starts operation.” However the power management unit is not introduced until claim 14. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 1-7, 9-14, 18 and 20-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birnkrant et al US20210283447 (hereinafter “Birnkrant”).
Regarding independent claim 1, Birnkrant discloses a system (device-20) for measuring the level of gas in liquid form in a composite pressure vessel (tank-22) that uses electrical capacitance to perform the measuring (Paragraph 0043-0045) wherein the system comprises a sensor unit (liquid level sensing gauge-80 connected with electronics module positioned on conduit-50) suspended from an inlet/outlet unit (conduit-50 connects to discharge valve assembly-46) and arranged to extend into the pressure vessel (Fig 1-2), wherein the sensor unit comprises:
a capacitive measuring unit (Paragraph 0047) for measuring the level of gas in liquid form in the pressure vessel
at least two sensor electrodes (traces-82A, 82B, 182A, 182B) connected to the capacitive measuring unit,
a communication unit (Paragraph 0052) for communicating the information measured by the capacitive measuring unit, and
a power unit for supplying power to at least one of the at least two electrodes, the capacitive measuring unit and the communication unit (Paragraph 0052).
Regarding claim 2, Birnkrant discloses the sensor unit (gauge-80) is suspended from the inlet-outlet unit (conduit-50 connects to discharge valve assembly-46) by an attachment device (fitting-40 connects to conduit-50 to which the guage-80 is attached) (Paragraph 0043, 0046-0047, Fig 1).
Regarding clam 3, Birnkrant discloses the sensor unit (gauge-80) is in the form of an inert/closed unit without any power or signal transfer connection points (Paragraph 0052).
Regarding claim 4, Birnkrant discloses the attachment device (fitting-40 connects to conduit-50 to which the guage-80 is attached).has at least one channel (lower end-54) allowing gas to pass in and out of the inlet-outlet unit (Paragraph 0046, Fig 1-2).
Regarding claim 5, Birnkrant discloses the attachment device ensures a distance of at least 0.5 cm between the sensor unit (gauge-80) and the inlet-outlet unit (conduit-50 connects to discharge valve assembly-46) (Paragraphs 0046-0051).
Regarding claim 6, Birnkrant discloses the attachment device is attached to the inlet-outlet unit using a clip or an adhesive or a screw (Paragraph 0046, 0050 discloses using screw threading).
Regarding claim 7, Birnkrant discloses the screw is threads on the outside of a top of the attachment device that corresponds to a set treads on the inside of the inlet/outlet unit (Paragraph 0046, 0050, 0052 discloses using screw threading).
Regarding claim 9, Birnkrant discloses the power unit can be in the form of a battery and/or power harvesting unit (Paragraph 0052, 0059).
Regarding claim 10, Birnkrant discloses the power unit is in the form of a battery placed in an opening in the top of the sensor unit (Paragraph 0052, 0059).
Regarding claim 11, Birnkrant discloses the attachment device has a cover (encapsulant-94) into which the top part of the sensor unit is placed (Paragraph 0050-0051, 0054, 0066).
Regarding claim 12, Birnkrant discloses the cover (encapsulant-94) is filled with an adhesive such that the battery or power harvesting unit and a part of the sensor unit is protected from the gas and that the sensor unit is attached to the attachment device (Paragraph 0050-0051, 0054, 0066).
Regarding claim 13, Birnkrant discloses the cover and or the attachment device is made of a plastic, polymer, or any form of similar nonconductive material (Paragraph 0050).
Regarding claim 14, Birnkrant discloses the sensor unit comprises at least one energy storage element (ESE), such as battery, capacitor or supercapacitor, energy harvesting unit, a power management unit (PMU) and a logic sensor unit (LSU) (Paragraph 0059-0060).
Regarding claim 18, Birnkrant discloses the communication unit is a short-range radio communication unit for communicating information measured by the capacitive measuring unit to a receiver (Paragraph 0052).
Regarding claim 20, Birnkrant discloses method (device-20 implements the method) for digitally monitoring the level of gas in liquid form in a composite pressure vessel (tank-22, paragraph 0043-0045), wherein the system comprises a sensor unit (liquid level sensing gauge-80) which is suspended from the inlet-outlet unit (conduit-50 connects to discharge valve assembly-46) and extending into the pressure vessel and uses electrical capacitance to measure the amount of gas present in the vessel (paragraph 0043-0045), wherein the sensor unit comprises: a capacitive measuring unit (paragraph 0047) for detecting the amount of gas in the pressure vessel, at least two sensor electrodes (traces-82A, 82B, 182A, 182B) connected to the capacitive measuring unit, a communication unit (paragraph 0052) for communicating the amount of gas left detected by the capacitive measuring unit, and a power unit (paragraph 0052) for supplying power to the capacitive measuring unit, the electrodes and the communication unit; wherein the method comprises the following steps:
a. supplying power from the power unit to the capacitive measuring unit at least one of the electrodes and the communication unit (Paragraph 0052),
b. measuring the amount of gas present in the composite pressure vessel with the capacitive measuring unit utilizing absolute or relative changes in electrical capacitance (Paragraph 0047, 0056-0057, 0062),
c. communicating the measured amount of gas present with the communication unit to
i. a memory unit storing the measured amount of gas present in the composite pressure vessel in the memory and/or
ii. a receiver and/or
iii. a user and/or
iv. displaying the information to a user (Paragraph 0052, 0056).
Regarding claim 21, Birnkrant discloses the power unit is a battery and/or an energy harvester that gathers energy from a light source, heat source, radio frequency source, or kinetic energy (Paragraph 0052).
Regarding claim 22, Birnkrant discloses a composite pressure vessel comprising a system for measuring the amount of gas left according to claim 1 (Paragraph 0043-0054).
Regarding claim 23, Birnkrant discloses composite pressure vessel according to claim 22, wherein the composite material of the composite container is translucent allowing light to get through and has the qualities allowing radio communication to get through (Paragraph 0004, 0052, 0056 discloses using radio communication and using infrared, optical communication which would require translucent material.).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Birnkrant et al US20210283447 (hereinafter “Birnkrant”) in view of Haddy et al US20200225072 (hereinafter “Haddy”).
Regarding claim 8, Birnkrant discloses the system according to claim 6.
However, Birnkrant fails to disclose the clip is a lip around the outside of the top of the attachment device corresponding to a clip on the inside of the inlet/outlet unit.
Haddy discloses the clip is a lip around the outside of the top of the attachment device corresponding to a clip on the inside of the inlet/outlet unit (Paragraph 0069 discloses the fitting-30 including clips around the lip of the outside of an attachment device to vessel-19).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Haddy into Birnkrant for the purpose of decreasing repair and or replacement cost. The modification would allow for easier detachment of parts.
Regarding claim 15, Birnkrant discloses the system according to claim 13.
However, Birnkrant fails to disclose the power management unit keeps the logic sensor unit electrically decoupled from the energy storage until a threshold voltage is exceeded, upon when the logic sensor unit starts operation. Haddy discloses the power management unit (unit-60 connected with MOSFET-68) keeps the logic sensor unit electrically decoupled from the energy storage until a threshold voltage is exceeded, upon when the logic sensor unit starts operation (Paragraph 0070, 0081).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Haddy into Birnkrant for the purpose of decreasing power consumption. The modification would allow for a longer lasting device as power can be supplied only when needed.
Regarding claim 17, Birnkrant discloses the system according to claim 14.
However, Birnkrant fails to an LSU that is electrically isolated from the ESE until a configurable voltage level is observed by the PMU that in turn will allow it to operate. Haddy discloses an LSU that is electrically isolated from the ESE until a configurable voltage level is observed by the PMU that in turn will allow it to operate (unit-60 connected with MOSFET-68). (Paragraphs 0070, 0081).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Haddy into Birnkrant for the purpose of decreasing power consumption. The modification would allow for a longer lasting device as power can be supplied only when needed.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Birnkrant et al US20210283447 (hereinafter “Birnkrant”) in view of McBride et al US20190178696 (hereinafter “Mcbride”).
Regarding claim 16, Birnkrant discloses the system according to claim 13.
However, Birnkrant fails to disclose the sensor system has a standby current consumption of 35-150nA. Mcbride discloses the sensor system has a standby current consumption (Paragraph 0087).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Mcbride into Birnkrant for the purpose of decreasing power consumption. The modification would allow for a longer lasting device as power can be supplied only when needed.
The combination discloses the claimed invention except for the standby current consumption range of 35-150nA. It would have been obvious to one of ordinary skill at the time of the effective filing date to use the working range of 35-150nA, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. MPEP 2144.05(II-A). Please note that in the instant application, Page 3 line 22-27, Page 12 line 22-Page 13 line 2, applicant has not disclosed any criticality for the claimed limitations.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Birnkrant et al US20210283447 (hereinafter “Birnkrant”) in view of Andreas US6836217.
Regarding claim 19, Birnkrant discloses the system according to claim 1.
However, Birnkrant fails to disclose the system further comprises a temperature sensor, and a memory unit. Andreas discloses the system further comprises a temperature sensor (temperature probe-18), and a memory unit (memory module-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Andreas into Birnkrant for the purpose of increasing detection accuracy. The modification would allow for accounting for the effect of temperature on the sensor readings and also allow for comparing past readings with current readings to ensure accuracy.
Conclusion
The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure.
Roderes et al US10508947 discloses a gauge body for a container for pressurized gas, comprising a mounting surface for mounting the body to the container; an inner side in contact with the pressurized gas when mounted on the container; an outer side opposite to the inner side with regard to the mounting surface, the outer side being outside of the container when the body is mounted on the container; an electrical lead extending in a gas tight manner through the body from the inner side to the outer side. The electrical lead comprises a metallic rod and a bushing around the rod, the bushing being mounted a gas tight manner on the body. (Fig 1-3, Col 4 line 11-Col 6 line 22)
Ross, JR et al US20090301190 discloses a capacitive sensor assembly for detecting relative movement or position between objects, such as liquid level in a tank or reservoir, movement of one machine component with respect to another, and so on, includes one or more antenna probes connected to an integrated chip normally associated with touch-screen displays. Each antenna probe operates independently and may be formed as insulated conductive wires or conductive traces between layers of a stiff or flexible substrate, such as a PCB, with the substrate material serving as the insulating layers. Each antenna probe has a different length representing different measurement positions or locations between the objects being measured to provide dynamic calibration of the measurement under changing environmental conditions. (Fig 1-20, Paragraph 0033-0073)
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
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