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 .
Status of the Claims
Claims 9-11 and 16-17 set forth in the amendment submitted 7/29/2026 form the basis of the present examination.
Response to Arguments
Applicant’s arguments, see remarks page 4, filed 7/29/2026, with respect to the rejection(s) of Claims 9-16 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 pre-AIA the applicant regards as the invention have been fully considered as follows:
Applicant’s Argument:
Applicant argues on page 4, of the remarks, filed on 7/29/2026, regarding the rejection(s) of Claims 9-16 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 pre-AIA the applicant regards as the invention, that “Applicant herein amends both claims 9 and 16 to address the rejection. In particular, Applicant amends these claims to recite the structure of the field device that will embody the method. Applicant respectfully submits the rejection of the claim/s is overcome and requests the rejection be withdrawn.”
Examiner Response:
Applicant’s arguments, see remarks page 4 (stated above), filed 7/29/2026, with respect to the rejection(s) of Claims 9-16 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 pre-AIA the applicant regards as the invention, as applied to the Non-Final Office Action mailed on 4/07/2026 have been fully considered and is persuasive because applicant has amended claim 9 and added enough structure and also made the limitation, “ascertaining an ohmic part of the received signal” clear. Therefore, the rejection of Claims 9-16 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 pre-AIA the applicant regards as the invention, as applied to the Non-Final Office Action mailed on 4/07/2026 has been withdrawn, as set forth below.
Applicant’s arguments, see remarks page 4-6, filed 7/29/2026, with respect to the rejection(s) of Claim(s) 9-16 under 35 U.S.C. 102 (a) (1) as being anticipated by PARACHINI et al. (Hereinafter, “Parachini”) in the US patent Application Publication Number US 20070164751 A1 have been fully considered as follows:
Applicant’s Argument:
Applicant argues on page 6, of the remarks, filed on 7/29/2026, regarding the rejection(s) of Claim(s) 9-16 under 35 U.S.C. 102 (a) (1) as being anticipated by PARACHINI et al. (Hereinafter, “Parachini”) in the US patent Application Publication Number US 20070164751 A1, that “As the inventors have explained to Applicant's counsel, and as shown in Fig. 4b, the measuring probe circuit (i.e., the circuit formed by the measuring probe and a ground electrode and anything between the two such as accretion and media) is a series RC circuit. In such an RC circuit, at the moment of the step change, the capacitance is essentially a short circuit. Therefore, at the moment of the step change, the current through the circuit is a maximum and thus the voltage across the resistor at a maximum. Thereafter, after the step change, the charging (or discharging) of the capacitor will control the voltage response (that is to say, the capacitance is no longer negligible).
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Parachini's method, though maybe similar at first glance, does not require sampling the received signal at the moment of the step change. Although Parachini teaches sampling the output voltage "in synchronized timing with the source signal V" (Parachini, T [0055]), Parachini does not teach the output voltage must be sampled at the time of any step change. Indeed, in the sampling example as shown in Fig. 8A, the sample taken as point A would necessarily include also any influence of the capacitance in the output circuit. Parachini does not contemplate sampling at the step change to avoid any effects of the capacitance. Applicant respectfully submits, therefore, Parachini does not disclose or teach all steps of Applicant's recited method.”
Examiner Response:
Applicant’s arguments, see remarks page 6 (stated above), filed 7/29/2026, with respect to the rejection(s) of 9-16 under 35 U.S.C. 102 (a) (1) as being anticipated by PARACHINI et al. (Hereinafter, “Parachini”) in the US patent Application Publication Number US 20070164751 A1, as applied to the Non-Final Office Action mailed on 4/07/2026 have been fully considered and is not persuasive.
Applicant’s argument, “as shown in Fig. 4b, the measuring probe circuit (i.e., the circuit formed by the measuring probe and a ground electrode and anything between the two such as accretion and media) is a series RC circuit. In such an RC circuit, at the moment of the step change, the capacitance is essentially a short circuit. Therefore, at the moment of the step change, the current through the circuit is a maximum and thus the voltage across the resistor at a maximum….” Is not persuasive. Claim does not recite that the measuring probe circuit is a series RC circuit and at the moment of the step change, the capacitance is essentially a short circuit. And these limitations are not required by the claim. Although the limitations are explained in the specification or in the drawing, but the limitation should be in the claim to be rejected by the reference.
In response to Applicant's argument that the measuring probe circuit (i.e., the circuit formed by the measuring probe and a ground electrode and anything between the two such as accretion and media) is a series RC circuit. In such an RC circuit, at the moment of the step change, the capacitance is essentially a short circuit. Therefore, at the moment of the step change, the current through the circuit is a maximum and thus the voltage across the resistor at a maximum…., applicant misinterprets the principle that claims are interpreted in the light of the specification. Although these elements (the measuring probe circuit (i.e., the circuit formed by the measuring probe and a ground electrode and anything between the two such as accretion and media) is a series RC circuit. In such an RC circuit, at the moment of the step change, the capacitance is essentially a short circuit. Therefore, at the moment of the step change, the current through the circuit is a maximum and thus the voltage across the resistor at a maximum….) are found as examples or embodiments in the specification, they were not claimed explicitly. Nor were the words that are used in the claims defined in the specification to require these limitations. A reading of the specification provides no evidence to indicate that these limitations must be imported into the claims to give meaning to disputed terms. Constant v. Advanced Micro-Devices Inc., 7 USPQ2d 1064.
In response to Applicant’s argument that does not include certain features of Applicant's invention, the limitations on which the Applicant relies (i.e., the measuring probe circuit (i.e., the circuit formed by the measuring probe and a ground electrode and anything between the two such as accretion and media) is a series RC circuit. In such an RC circuit, at the moment of the step change, the capacitance is essentially a short circuit. Therefore, at the moment of the step change, the current through the circuit is a maximum and thus the voltage across the resistor at a maximum….) are not stated in the claims. It is the claims that define the claimed invention, and it is claims, not specifications that are anticipated or unpatentable. Constant v. Advanced Micro-Devices Inc., 7 USPQ2d 1064.
Therefore, applicant’s argument, “Parachini does not contemplate sampling at the step change to avoid any effects of the capacitance” is not persuasive as the limitation is not recited in the claim. Therefore, applicant’s argument regarding reference Parachini that, “Indeed, in the sampling example as shown in Fig. 8A, the sample taken as point A would necessarily include also any influence of the capacitance in the output circuit.” The limitation, “influence of the capacitance” does not differentiate the reference Parachini from the present amended claim as claim does not recite any limitations on which applicant relies on and argued that Parachini method is different than the present invention.
The reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant. See, e.g., In re Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006) (motivation question arises in the context of the general problem confronting the inventor rather than the specific problem solved by the invention); Cross Med. Prods., Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293, 1323, 76 USPQ2d 1662, 1685 (Fed. Cir. 2005) ("One of ordinary skill in the art need not see the identical problem addressed in a prior art reference to be motivated to apply its teachings."); In re Lintner, 458 F.2d 1013, 173 USPQ 560 (CCPA 1972) (discussed below); In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990), cert. denied, 500 U.S. 904 (1991) (discussed below).
Applicant’s argument that “applicant respectfully submits, therefore, Parachini does not disclose or teach all steps of Applicant's recited method.” is therefore not persuasive. Parachini can still be applied to reject the amended claim limitation as set forth below.
Therefore Claim(s) 9-11 and 16-17 still can be rejected under 35 U.S.C. 102 (a) (1) as being anticipated by PARACHINI et al. (Hereinafter, “Parachini”) in the US patent Application Publication Number US 20070164751 A1 as set forth below. See the rejection set forth below.
Applicant’s arguments, see remarks page 7, filed 7/29/2026, with respect to the rejection(s) of Claim(s) 9-16 under 35 U.S.C. 102 (a) (1) as being anticipated by WERNET et al. (Hereinafter, “Wernet”) in the US patent Application Publication Number US 20170115153 A1 have been fully considered as follows:
Applicant’s Argument:
Applicant argues on page 7, of the remarks, filed on 7/29/2026, regarding the rejection(s) of Claim(s) 9-16 under 35 U.S.C. 102 (a) (1) as being anticipated by WERNET et al. (Hereinafter, “Wernet”) in the US patent Application Publication Number US 20170115153 A1, that “Nor does Wernet disclose or teach all steps of Applicant's recited method. Although Wernet discusses at I [0058] the response signal is routed to an analog-to-digital converter (ADC) of the microcontroller, Wernet does not further disclose the sampling of the response signal. Wernet does not teach, "determining a point in time at which the received signal has a step change from a first value to a second value" or "determining at the point in time of the step change in the received signal a difference between the first and second values" or determining an ohmic (resistive) portion of the received signal based on the difference between the first and second values sampled at the time of the step change in the received signal.
For at least the foregoing reasons, Applicant respectfully submits that independent claim 9 is patentable over Parachini and is patentable over Wernet because neither Parachini nor Wernet discloses all the elements of claim 9. Therefore, the rejection of claim 9 under 35 U.S.C. § 102(a) as being anticipated by Parachini and by Wernet is overcome and should be withdrawn. Applicant respectfully requests withdrawal of the rejection of claim 9, and of claims 10-11 depending therefrom, allowance of the same.”
Examiner Response:
Applicant’s arguments, see remarks page 6 (stated above), filed 7/29/2026, with respect to the rejection(s) of Claim(s) 9-16 under 35 U.S.C. 102 (a) (1) as being anticipated by WERNET et al. (Hereinafter, “Wernet”) in the US patent Application Publication Number US 20170115153 A1, as applied to the Non-Final Office Action mailed on 4/07/2026 have been fully considered and is persuasive. Applicant argues that Wernet does not disclose …determining a point in time at which the received signal has a step change from a first value to a second value" or "determining at the point in time of the step change in the received signal a difference between the first and second values" or determining an ohmic (resistive) portion of the received signal based on the difference between the first and second values sampled at the time of the step change in the received signal” which is persuasive and therefore the rejection of Claim(s) 9-16 under 35 U.S.C. 102 (a) (1) as being anticipated by WERNET et al. (Hereinafter, “Wernet”) in the US patent Application Publication Number US 20170115153 A1 as applied to the Non-Final Office Action mailed on 4/07/2026 has been withdrawn as set forth below. Therefore, applicant’s argument is moot regarding reference Wernet. See below.
New claim 17 is rejected under 35 U.S.C. 102 (a) (1) as being anticipated by PARACHINI et al. (Hereinafter, “Parachini”) in the US patent Application Publication Number US 20070164751 A1, as set forth below see the rejection set forth below.
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.
Claim(s) 9-11 and 16-17 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by PARACHINI et al. (Hereinafter, “Parachini”) in the US patent Application Publication Number US 20070164751 A1.
Regarding claim 9, Parachini teaches a method for determining and/or monitoring a conductivity of a medium (water) (A water level measurement system that can provide a reliable conductivity measurement over a wide range of conductivity values; Paragraph [0017] Line 1-4; With reference to the drawings, the water level measurement system 1 of the present invention is based upon detection and sensing of water within a water reservoir 12, by measuring electrical conductivity of the water via an electronic synchronous detection circuit 1000; Paragraph [0044] Line 1-5), the method comprising:
providing a field device (measuring system 1 which includes two electrodes 20 and 30 as the probe in Figure 1, 2A-2B), including:
a measuring probe having at least one electrode [20/30] (FIG. 1 illustrates an embodiment of a measuring channel 10, showing a portion of the water level measuring system 1, which includes at least two electrodes 20 and 30 located in the water reservoir 12; Paragraph [0044] Line 5-9; FIG. 2B is a block diagram of a synchronous detector circuit, implementing part of the electronic circuit of the measuring channel shown in FIG. 1; Paragraph [0034] Line 1-3),
a field device electronics [1000] (a synchronous detection circuit 1000 as the field device electronics) including a microcontroller (FIG. 2B is a block diagram of a synchronous detector circuit, implementing part of the electronic circuit of the measuring channel shown in FIG. 1; Paragraph [0034] Line 1-3; An example of an implementation of the electronic circuit 1000 is shown in FIG. 2B. In this circuit embodiment, V.sub.X is a square wave source signal generated by a microprocessor; Paragraph [0054] Line 1-3),
providing a ground electrode [30] in Figure 2B (As shown, electrode 30 may be connected to ground, but this is not mandatory; Paragraph [0054] Line 12-14);
supplying the measuring probe [200] with a rectangular (An example of an implementation of the electronic circuit 1000 is shown in FIG. 2B. In this circuit embodiment, V.sub.X is a square wave source signal generated by a microprocessor; Paragraph [0054] Line 1-4) excitation signal [VX] (An example of an implementation of the electronic circuit 1000 is shown in FIG. 2B. In this circuit embodiment, V.sub.X is a square wave source signal generated by a microprocessor, preferably having a frequency of approximately 1 kHz, a magnitude of approximately 5 V and a duty cycle of approximately 50%. The transistor Q1 and accompanying resistors and capacitors scale V.sub.X to obtain a signal preferably having a peak amplitude of approximately 200 mV with smoothed edges, shown as V.sub.1 in FIG. 2B; Paragraph [0054] Line 1-9; Therefore, square wave as the rectangular signal Vx is applied and then it is converted to signal V1);
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Figure 8A: Modified Figure 8A of Parachini
receiving a received signal [O1] (output signal O1 as the received signal in Figure 2B) via the measuring probe [20] (The current I is proportional to the conductivity of the water present between the electrodes 20 and 30 projecting into the reservoir 12. The current I flowing through R.sub.S causes a measurable voltage drop between the terminals T1 and T2 of R.sub.S, which is proportional to the water conductivity; Paragraph [0046] Line 1-6; A.sub.1 is a differential amplifier connected between terminals T1, T2 of said resistor R.sub.S that de-couples the signal from the electrodes and amplifies said voltage drop, resulting in an output signal value, O.sub.1; Paragraph [0047] Line 1-4) and
recording the received signal as a function of time [Figure 8A] (The digital multiplication may be implemented by sampling the voltage signal O.sub.1 in synchronized timing with the source signal V.sub.X. The sampling is best shown in FIG. 8A, at the times A and B, as shown on the signal V.sub.X. The voltage is calculated from the difference O.sub.1(A)-O.sub.1(B) of the signal O.sub.1 sampled at A and B of the signal V.sub.X. The resulting output data O.sub.2 may still be affected by electrical noise of the environment and thus may be filtered by a low pass filter F.sub.1. The filter F.sub.1 may be digitally implemented and may have a response time of approximately 250 ms. One method to accomplish this is by averaging two consecutive output signals O.sub.2, sampled approximately every 250 ms; Paragraph [0055] Line 1-12; Figure 8A shows that the output signal as the received signal is a function of time);
determining a point [B] in Figure 8A in time at which the received signal has a step from a first value [O1 (B)] to a second value [O1(A)] (The digital multiplication may be implemented by sampling the voltage signal O.sub.1 in synchronized timing with the source signal V.sub.X. The sampling is best shown in FIG. 8A, at the times A and B, as shown on the signal V.sub.X; Paragraph [0055] Line 1-4; Figure 8A: Modified Figure 8A of Parachini shows a point [B] in Figure 8A in time at which the received signal has a step from a first value [O1 (B)] to a second value [O1(A)]); and
determining at the point in time of the step change in the received signal a difference between the first and second values [O1(A)-O1(B)] (The voltage is calculated from the difference O.sub.1(A)-O.sub.1(B) of the signal O.sub.1 sampled at A and B of the signal V.sub.X. The resulting output data O.sub.2 may still be affected by electrical noise of the environment and thus may be filtered by a low pass filter F.sub.1. The filter F.sub.1 may be digitally implemented and may have a response time of approximately 250 ms. One method to accomplish this is by averaging two consecutive output signals O.sub.2, sampled approximately every 250 ms; Paragraph [0055] Line 4-12; Figure 8A: Modified Figure 8A of Parachini above shows at the point in time of the step change in the received signal a difference between the first and second values);
determining an ohmic part [O2] of the received signal [O1] (R.sub.S is a resistor connected in series with electrodes 20 and 30, having electric current I flowing through the water in the water reservoir 12 of the measuring channel 10 and thereby through R.sub.S; Paragraph [0045] Line 14-17; The multiplication operation M1 results in an output signal O.sub.2 which has a null average over the period for the phased out components while preserving the conductivity related signal that is in phase with the source signal V.sub.1; Paragraph [0049] Line 6-10; Output signal O2 is null signal and in phase with the signal and therefore O2 is the ohmic part of the received signal O1) based on the difference between the first and second values at the point in time of the step change [O.sub.1(A)-O.sub.1(B)] (The digital multiplication may be implemented by sampling the voltage signal O.sub.1 in synchronized timing with the source signal V.sub.X. The sampling is best shown in FIG. 8A, at the times A and B, as shown on the signal V.sub.X. The voltage is calculated from the difference O.sub.1(A)-O.sub.1(B) of the signal O.sub.1 sampled at A and B of the signal V.sub.X. The resulting output data O.sub.2 may still be affected by electrical noise of the environment; Paragraph [0055] Line 1-7); and
determining the conductivity of the medium based on the ohmic part of the received signal (The multiplication operation M1 results in an output signal O.sub.2 which has a null average over the period for the phased out components, while preserving the conductivity related signal that is in phase with the source signal V.sub.1. To increase the Signal to Noise Ratio (SNR) of the measuring channel 10, a low pass filter F.sub.1 may be provided after the multiplication operation M1. The low pass filter F1 preferably has a cut-off frequency that balances the trade-off between the necessary SNR and the response time of the filter. The output signal V.sub.OUT of the filter F.sub.1 is thus proportional only to the resistive component of the water conductivity; Paragraph [0049] Line 6-17; Claim 2. The apparatus of claim 1, wherein the electronic circuit comprises: an alternating current signal generator; a resistor connected to the alternating current signal and a measuring electrode; an amplifier generating a conductivity related signal).
Regarding claim 10, Parachini teaches a method,
wherein the measuring probe is operated in a capacitive and/or in a conductive operating mode (As further depicted in FIG. 3, channel 10 can be ideally modeled as a generator V.sub.1 that is in series with R.sub.S, and that supplies a parallel combination of R.sub.WATER, which is the resistive component of the water conductivity, and C.sub.STRAY, which is the reactive impedance of the wires 22 and 32, which connect the electrodes 20 and 30 to the electronic synchronous detection circuit 1000. Due to this configuration, the output signal O.sub.1 has a component in-phase with V.sub.1, containing the conductivity-related signal (linked to R.sub.WATER), and a 90.degree. phase shifted component that is linked with the parasitic capacitance of the connecting wires (C.sub.STRAY). The output signal O.sub.1 is also affected by electrical noise in the environment; Paragraph [0048] Line 1-13; Therefore, conductive operative mode is used to measure the conductivity; Paragraph 44-50 explains the conductive operative mode of the measuring probe; Again Paragraph 55 explains conductive mode).
Regarding claim 11, Parachini teaches a method, further comprising:
ascertaining a fill level or a limit level (Claim 1: An apparatus to measure water level in a water reservoir by measuring electrical conductivity between electrodes comprising: a reference electrode; at least one measuring electrode projecting into the water reservoir; and at least one electronic detection circuit to calculate the water level based on the conductivity measurement. Therefore the apparatus is used for ascertaining a fill level or water level of the reservoir; In the preferred embodiment, the height of the water reservoir 12 is partitioned into a discrete number of levels by three linear shaped electrodes 30, 40 and 50; Paragraph [0066] Line 1-3; Consequently, the water level is mapped as a mathematical discrete step function of the height of the water reservoir 12, varying from empty to the maximum water level, thus allowing for discrimination between four different reservoir levels, linearly distributed and defined as: "Empty", "Low", "Medium", and "Full"; Paragraph [0066] Line 6-11; Figure 6).
Regarding claim 16, Parachini teaches a field device for determining and/or monitoring a conductivity of a medium (water) (A water level measurement system that can provide a reliable conductivity measurement over a wide range of conductivity values; Paragraph [0017] Line 1-4; With reference to the drawings, the water level measurement system 1 of the present invention is based upon detection and sensing of water within a water reservoir 12, by measuring electrical conductivity of the water via an electronic synchronous detection circuit 1000; Paragraph [0044] Line 1-5), the field device (measuring system 1 which includes two electrodes 20 and 30 as the probe in Figure 1, 2A-2B), comprising:
a measuring probe having at least one electrode [20/30] (FIG. 1 illustrates an embodiment of a measuring channel 10, showing a portion of the water level measuring system 1, which includes at least two electrodes 20 and 30 located in the water reservoir 12; Paragraph [0044] Line 5-9; FIG. 2B is a block diagram of a synchronous detector circuit, implementing part of the electronic circuit of the measuring channel shown in FIG. 1; Paragraph [0034] Line 1-3), and
a field device electronics [1000] (a synchronous detection circuit 1000 as the field device electronics) including a microcontroller (FIG. 2B is a block diagram of a synchronous detector circuit, implementing part of the electronic circuit of the measuring channel shown in FIG. 1; Paragraph [0034] Line 1-3; An example of an implementation of the electronic circuit 1000 is shown in FIG. 2B. In this circuit embodiment, V.sub.X is a square wave source signal generated by a microprocessor; Paragraph [0054] Line 1-3),
wherein the field device electronics is embodied to:
supply the measuring probe [200] with a rectangular (An example of an implementation of the electronic circuit 1000 is shown in FIG. 2B. In this circuit embodiment, V.sub.X is a square wave source signal generated by a microprocessor; Paragraph [0054] Line 1-4) excitation signal [VX] (An example of an implementation of the electronic circuit 1000 is shown in FIG. 2B. In this circuit embodiment, V.sub.X is a square wave source signal generated by a microprocessor, preferably having a frequency of approximately 1 kHz, a magnitude of approximately 5 V and a duty cycle of approximately 50%. The transistor Q1 and accompanying resistors and capacitors scale V.sub.X to obtain a signal preferably having a peak amplitude of approximately 200 mV with smoothed edges, shown as V.sub.1 in FIG. 2B; Paragraph [0054] Line 1-9; Therefore, square wave as the rectangular signal Vx is applied and then it is converted to signal V1);
receive a received signal [O1] (output signal O1 as the received signal in Figure 2B) via the measuring probe [20] (The current I is proportional to the conductivity of the water present between the electrodes 20 and 30 projecting into the reservoir 12. The current I flowing through R.sub.S causes a measurable voltage drop between the terminals T1 and T2 of R.sub.S, which is proportional to the water conductivity; Paragraph [0046] Line 1-6; A.sub.1 is a differential amplifier connected between terminals T1, T2 of said resistor R.sub.S that de-couples the signal from the electrodes and amplifies said voltage drop, resulting in an output signal value, O.sub.1; Paragraph [0047] Line 1-4) and
record the received signal as a function of time [Figure 8A] (The digital multiplication may be implemented by sampling the voltage signal O.sub.1 in synchronized timing with the source signal V.sub.X. The sampling is best shown in FIG. 8A, at the times A and B, as shown on the signal V.sub.X. The voltage is calculated from the difference O.sub.1(A)-O.sub.1(B) of the signal O.sub.1 sampled at A and B of the signal V.sub.X. The resulting output data O.sub.2 may still be affected by electrical noise of the environment and thus may be filtered by a low pass filter F.sub.1. The filter F.sub.1 may be digitally implemented and may have a response time of approximately 250 ms. One method to accomplish this is by averaging two consecutive output signals O.sub.2, sampled approximately every 250 ms; Paragraph [0055] Line 1-12; Figure 8A shows that the output signal as the received signal is a function of time);
determine a point [B] in Figure 8A in time at which the received signal has a step from a first value [O1 (B)] to a second value [O1(A)] (The digital multiplication may be implemented by sampling the voltage signal O.sub.1 in synchronized timing with the source signal V.sub.X. The sampling is best shown in FIG. 8A, at the times A and B, as shown on the signal V.sub.X; Paragraph [0055] Line 1-4; Figure 8A: Modified Figure 8A of Parachini shows a point [B] in Figure 8A in time at which the received signal has a step from a first value [O1 (B)] to a second value [O1(A)]); and
determine at the point in time of the step change in the received signal a difference between the first and second values [O1(A)-O1(B)] (The voltage is calculated from the difference O.sub.1(A)-O.sub.1(B) of the signal O.sub.1 sampled at A and B of the signal V.sub.X. The resulting output data O.sub.2 may still be affected by electrical noise of the environment and thus may be filtered by a low pass filter F.sub.1. The filter F.sub.1 may be digitally implemented and may have a response time of approximately 250 ms. One method to accomplish this is by averaging two consecutive output signals O.sub.2, sampled approximately every 250 ms; Paragraph [0055] Line 4-12; Figure 8A: Modified Figure 8A of Parachini above shows at the point in time of the step change in the received signal a difference between the first and second values);
determine an ohmic part [O2] of the received signal [O1] (R.sub.S is a resistor connected in series with electrodes 20 and 30, having electric current I flowing through the water in the water reservoir 12 of the measuring channel 10 and thereby through R.sub.S; Paragraph [0045] Line 14-17; The multiplication operation M1 results in an output signal O.sub.2 which has a null average over the period for the phased out components while preserving the conductivity related signal that is in phase with the source signal V.sub.1; Paragraph [0049] Line 6-10; Output signal O2 is null signal and in phase with the signal and therefore O2 is the ohmic part of the received signal O1) based on the difference between the first and second values at the point in time of the step change [O.sub.1(A)-O.sub.1(B)] (The digital multiplication may be implemented by sampling the voltage signal O.sub.1 in synchronized timing with the source signal V.sub.X. The sampling is best shown in FIG. 8A, at the times A and B, as shown on the signal V.sub.X. The voltage is calculated from the difference O.sub.1(A)-O.sub.1(B) of the signal O.sub.1 sampled at A and B of the signal V.sub.X. The resulting output data O.sub.2 may still be affected by electrical noise of the environment; Paragraph [0055] Line 1-7); and
determine the conductivity of the medium based on the ohmic part of the received signal (The multiplication operation M1 results in an output signal O.sub.2 which has a null average over the period for the phased out components, while preserving the conductivity related signal that is in phase with the source signal V.sub.1. To increase the Signal to Noise Ratio (SNR) of the measuring channel 10, a low pass filter F.sub.1 may be provided after the multiplication operation M1. The low pass filter F1 preferably has a cut-off frequency that balances the trade-off between the necessary SNR and the response time of the filter. The output signal V.sub.OUT of the filter F.sub.1 is thus proportional only to the resistive component of the water conductivity; Paragraph [0049] Line 6-17; Claim 2. The apparatus of claim 1, wherein the electronic circuit comprises: an alternating current signal generator; a resistor connected to the alternating current signal and a measuring electrode; an amplifier generating a conductivity related signal).
Regarding claim 17, Parachini teaches a field device,
further comprising: a ground electrode [30] in Figure 2B (As shown, electrode 30 may be connected to ground, but this is not mandatory; Paragraph [0054] Line 12-14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vargas Da Silva (US 20070006646 A1) discloses, “Apparatus For Measuring And Indicating The Level And/or Volume Of A Liquid Stored In A Container- [Abstract] The present invention refers to an apparatus for measuring the level and/or volume of a liquid stored in a container. The apparatus comprises at least one pair of electrodes mounted in the interior of the container in such a position that said electrodes are partially or totally immersed in the liquid stored in the container, said pair of electrodes acting as one of the capacitors of a Wien bridge to modify the output signal generated by the bridge-circuit. [0072] FIG. 1 details circuit (C), consisting of an oscillator in a Wien bridge wherein one of its capacitors is substituted by electrodes A and B above described. [0073] The output from oscillator is a frequency signal determined by the following equation: f o = 1 2 .times. .pi. .times. R 1 .times. C 1 .times. R 2 .times. C 2 ##EQU1## wherein: [0074] C.sub.2 is the capacitance between electrodes A and B and R.sub.2 is the resistance represented by the combination in parallel of a fixed resistor in the circuit, in counter position with the conductivity represented by the conducting provided by the very fluid between the electrodes A and B. [0075] This way, electrodes A and B modify the balance of the Wien bridge and consequently the oscillation frequency of the circuit regarding to three parameters: (i) the ratio between the area of electrodes occupied by the liquid phase and the area occupied by the gaseous area inside the tank; (ii) the ratio between the dielectric constants of the liquid and the gaseous phases which modify the medium capacitance of the electrodes; and (iii) the ratio between the conductivities of the liquid and the gaseous phases, which modify the medium conductance of the electrodes. [0076] Consequently, the output signal generated by the oscillator is representative of the level of the fuel inside the tank, and also of two physical characteristics of the fluids. [0077] With more particular reference now to FIG. 2, two additional pairs of electrodes (E-F and G-H) having exactly the same characteristics of first pair A, B, but a smaller size, are used to measure the same physical characteristics in different positions inside the tank, in order to be used as a reference-However Vargas Da Silva does not disclose determine a point in time at which the received signal has a step change from a first value to a second value; determine at the point in time of the step change in the received signal a difference between the first and second values; determine an ohmic part of the received signal based on the difference between the first and second values at the point in time of the step change; and determine the conductivity of the medium based on the ohmic part of the received signal.”
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). 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 NASIMA MONSUR whose telephone number is (571)272-8497. The examiner can normally be reached 10:00 am-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eman Alkafawi can be reached at (571) 272-4448. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NASIMA MONSUR/Primary Examiner, Art Unit 2858
