Prosecution Insights
Last updated: October 01, 2026
Application No. 18/871,233

CONCENTRATION MEASURING METHOD, CONCENTRATION MEASURING APPARATUS, AND PROGRAM

Non-Final OA §103
Filed
Dec 03, 2024
Priority
Jun 23, 2022 — JP 2022-100972 +1 more
Examiner
PERVIN, NUZHAT
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
420 granted / 518 resolved
+21.1% vs TC avg
Moderate +14% lift
Without
With
+13.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
536
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
58.3%
+18.3% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 518 resolved cases

Office Action

§103
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 . Examiner is making a note that the USPTO reference does not translate the authors names of JP 2004506781 A and that the author’s name which appears as キベラ, ジョウニ in the Notice of references cited, translates to Kibera, Jouni from using Google translate. The reference will be referred to as Kibera for ease of reading. 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. 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) 1, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN104568655A) in view of Kibera (JP 2004506781 A). Regarding claim 1 Yao discloses A concentration measuring method, comprising: acquiring a height position of a float measured using electromagnetic waves, the float floating in a liquid, a floating height of the float changing in accordance with a concentration of the liquid (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"; Paragraph 0009, "A buoyancy hydrometer, when placed in a liquid, will float to a height that is directly proportional to the specific gravity of the liquid, i.e., its concentration" Examiner’s note: where the buoyancy gauge is a hydrometer; Paragraph 0010, "The camera captures images from the hydrometer and sends them to the image processing device" Examiner’s note: where it uses visible spectrum instead of radar i.e., radio spectrum); and measuring the concentration of the liquid based on the height position (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"). Yao does not disclose the use of a radio wave. Kibera discloses Using a radio wave to acquire the height of a float (Paragraph 0017, "The tank is equipped with a radar level instrument. It measures the height position of the float. It sends microwaves to the float and receives reflections from the surface of the float. Based on that measurement, the amount of catalyst mixture in the tank can be calculated continuously") Yao discloses the use of a sensor (camera) to read the height of a float to calculate the concentration of a liquid but it does not disclose the use of radio waves. A camera requires visible light to function meaning wherever the liquid is the reading is visibility dependent i.e., one would have to light up a dark tank. A radar sensor can operate in the dark, making the readings less energy dependent (no light bulbs) and operable regardless of the time of day. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kibera to use radar instead of a camera to have a sensor unaffected by lack of visible light. Regarding claim 10 Yao discloses A concentration measuring apparatus, comprising: at least one memory storing processing instructions (Paragraph 0006, “the single chip and the camera, temperature sensor, liquid crystal display screen, an electromagnetic connection. buoyancy image information collected by the camera through the single chip processing, calculating the concentration value of the solution and collecting the current temperature value, the temperature is corrected is output to the liquid crystal display screen” Examiner’s note: where this process would have a memory for storing data and instructions); and at least one processor configured to execute the processing instructions to (Paragraph 0004, “image processing device, the image of the gravimeter to calculate a liquid specific gravity to obtain the liquid concentration” Examiner’s note: where the processing device would have a processor): acquire a height position of a float using electromagnetic wave, the float floating in a liquid, a floating height of the float changing in accordance with a concentration of the liquid (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"; Paragraph 0009, "A buoyancy hydrometer, when placed in a liquid, will float to a height that is directly proportional to the specific gravity of the liquid, i.e., its concentration" Examiner’s note: where the buoyancy gauge is a hydrometer; Paragraph 0010, "The camera captures images from the hydrometer and sends them to the image processing device" Examiner’s note: where it uses visible spectrum instead of radar i.e., radio spectrum); and a measuring unit that measures measure the concentration of the liquid based on the height position (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"). Yao does not disclose the use of a radio wave. Kibera discloses Using a radio wave to acquire the height of a float (Paragraph 0017, "The tank is equipped with a radar level instrument. It measures the height position of the float. It sends microwaves to the float and receives reflections from the surface of the float. Based on that measurement, the amount of catalyst mixture in the tank can be calculated continuously") Yao discloses the use of a sensor (camera) to read the height of a float to calculate the concentration of a liquid but it does not disclose the use of radio waves. A camera requires visible light to function meaning wherever the liquid is the reading is visibility dependent i.e., one would have to light up a dark tank. A radar sensor can operate in the dark, making the readings less energy dependent (no light bulbs) and operable regardless of the time of day. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kibera to use radar instead of a camera to have a sensor unaffected by lack of visible light. Regarding claim 11 Yao discloses A concentration measuring system, comprising: a float floating in a liquid, a floating height of the float changing in accordance with a concentration of the liquid (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"; Paragraph 0009, "A buoyancy hydrometer, when placed in a liquid, will float to a height that is directly proportional to the specific gravity of the liquid, i.e., its concentration" Examiner’s note: where the buoyancy gauge is a hydrometer); a position measuring apparatus measuring a height position of the float using an electromagnetic wave (Paragraph 0009, "A buoyancy hydrometer, when placed in a liquid, will float to a height that is directly proportional to the specific gravity of the liquid, i.e., its concentration" Examiner’s note: where the buoyancy gauge is a hydrometer; Paragraph 0010, "The camera captures images from the hydrometer and sends them to the image processing device"); and a concentration measuring apparatus acquiring the measured height position of the float, and measuring the concentration of the liquid based on the height position (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"). Yao does not disclose the use of a radio wave. Kibera discloses Using a radio wave to acquire the height of a float (Paragraph 0017, "The tank is equipped with a radar level instrument. It measures the height position of the float. It sends microwaves to the float and receives reflections from the surface of the float. Based on that measurement, the amount of catalyst mixture in the tank can be calculated continuously") Yao discloses the use of a sensor (camera) to read the height of a float to calculate the concentration of a liquid but it does not disclose the use of radio waves. A camera requires visible light to function meaning wherever the liquid is the reading is visibility dependent i.e., one would have to light up a dark tank. A radar sensor can operate in the dark, making the readings less energy dependent (no light bulbs) and operable regardless of the time of day. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kibera to use radar instead of a camera to have a sensor unaffected by lack of visible light. Claim(s) 2, 4, 6, 12, 14, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN104568655A) in view of Kibera (JP 2004506781 A) further in view of Joseph (US 2634606 A). Regarding claim 2 the combination of Yao and Kibera discloses The concentration measuring method according to Claim 1. Yao discloses comprising: and measuring the concentration of the liquid based on the height positions of the float (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"). The combination of Yao and Kibera does not disclose acquiring the respective height positions of the two floats floating so that the height positions to be measured are different in the liquid with the same concentration. Joseph discloses Acquiring the respective height positions of the two floats floating so that the height positions to be measured are different in the liquid with the same concentration (Column 1 lines 24-28, "A still further object is to enable the technician to obtain a more sensitive and accurate reading with an instrument of the same length by the use of two hydrometer floats, each of which is calibrated for a different specific density" Examiner’s note: where two hydrometers set/calibrated for different densities will sit at different heights/depths in the water). Yao discloses the ability to read the height of a hydrometer and get the liquid concentration but it does not disclose the use of a second hydrometer tuned to a different density. Hydrometers can be designed to sit a different depths within the same liquid. Because Yao already has a hydrometer it would be obvious to simply add a second hydrometer designed for a different depth/height. As noted by Joseph, having two hydrometers for the same liquid tuned to different densities would be advantageous towards achieving a more sensitive and accurate reading as the hydrometer can have a smaller range of densities. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Joseph to add a second hydrometer tuned to a different density for more accurate readings for the liquid. Regarding claim 4 the combination of Yao, Kibera and Joseph discloses The concentration measuring method according to Claim 2. Yao does not disclose comprising acquiring the respective height positions of the two floats having different densities. Joseph discloses Acquiring the respective height positions of the two floats having different densities (Column 1 lines 24-28, "A still further object is to enable the technician to obtain a more sensitive and accurate reading with an instrument of the same length by the use of two hydrometer floats, each of which is calibrated for a different specific density"). Yao discloses the ability to read the height of a hydrometer and get the liquid concentration but it does not disclose the use of a second hydrometer tuned to a different density. Hydrometers can be designed to sit a different depths within the same liquid. Because Yao already has a hydrometer it would be obvious to simply add a second hydrometer designed for a different depth/height. As noted by Joseph, having two hydrometers for the same liquid tuned to different densities would be advantageous towards achieving a more sensitive and accurate reading as the hydrometer can have a smaller range of densities. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Joseph to add a second hydrometer tuned to a different density for more accurate readings for the liquid. Regarding claim 6 the combination of Yao, Kibera and Joseph discloses The concentration measuring method according to Claim 2. Yao discloses comprising acquiring the respective height position of the float, the float floating with the height position being a position of a water surface of the liquid, the float floating with the height position being above the position of the water surface of the liquid (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value" Examiner’s note: where the sensor would be able to see the height of the float whether it be above water or at the water level). Yao does not disclose two floats Joseph discloses Two floats (Column 1 lines 24-28, "A still further object is to enable the technician to obtain a more sensitive and accurate reading with an instrument of the same length by the use of two hydrometer floats, each of which is calibrated for a different specific density" Examiner’s note: where floats set/calibrated to different densities will float at different heights/depths). Yao discloses the ability to read the height of a hydrometer and get the liquid concentration but it does not disclose the use of a second hydrometer tuned to a different density. Hydrometers can be designed to sit a different depths within the same liquid. Because Yao already has a hydrometer it would be obvious to simply add a second hydrometer designed for a different depth/height. The heights of the two hydrometers can be designed to sit at the water level and above the water level. As noted by Joseph, having two hydrometers for the same liquid tuned to different densities would be advantageous towards achieving a more sensitive and accurate reading as the hydrometer can have a smaller range of densities. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Joseph to add a second hydrometer tuned to a different density for more accurate readings in the liquid. Regarding claim 12 the combination of Yao and Kibera discloses The concentration measuring system according to Claim 11. Yao discloses the position measuring apparatus measures the respective height positions of the float (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"); and the concentration measuring apparatus acquires the respective height positions of the float (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"). The combination of Yao and Kibera does not disclose wherein: the float includes the two floats floating so that the height positions to be measured are different in the liquid with the same concentration. They do not disclose two floats Joseph discloses Wherein: the float includes the two floats floating so that the height positions to be measured are different in the liquid with the same concentration (Column 1 lines 24-28, "A still further object is to enable the technician to obtain a more sensitive and accurate reading with an instrument of the same length by the use of two hydrometer floats, each of which is calibrated for a different specific density" Examiner’s note: where two hydrometers set/calibrated for different densities will sit at different heights/depths in the water). Yao discloses the ability to read the height of a hydrometer and get the liquid concentration but it does not disclose the use of a second hydrometer tuned to a different density. Hydrometers can be designed to sit a different depths within the same liquid. Because Yao already has a hydrometer it can read remotely it would be obvious to simply add a second hydrometer designed for a different depth/height. As noted by Joseph, having two hydrometers for the same liquid tuned to different densities would be advantageous towards achieving a more sensitive and accurate reading as the hydrometer can have a smaller range of densities. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Joseph to add a second hydrometer tuned to a different density for more accurate readings for the liquid. Regarding claim 14 the combination of Yao, Kibera and Joseph discloses The concentration measuring system according to Claim 12. Yao does not disclose wherein the float includes the two floats having different densities. Joseph discloses Wherein the float includes the two floats having different densities (Column 1 lines 24-28, "A still further object is to enable the technician to obtain a more sensitive and accurate reading with an instrument of the same length by the use of two hydrometer floats, each of which is calibrated for a different specific density"). Yao discloses the ability to read the height of a hydrometer and get the liquid concentration but it does not disclose the use of a second hydrometer tuned to a different density. Hydrometers can be designed to sit a different depths within the same liquid. Because Yao already has a hydrometer it would be obvious to simply add a second hydrometer designed for a different depth/height. As noted by Joseph, having two hydrometers for the same liquid tuned to different densities would be advantageous towards achieving a more sensitive and accurate reading as the hydrometer can have a smaller range of densities. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Joseph to add a second hydrometer tuned to a different density for more accurate readings for the liquid. Regarding claim 16 the combination of Yao, Kibera and Joseph discloses The concentration measuring system according to Claim 12. Yao discloses the float floating with the height position being a position of a water surface of the liquid, the float floating with the height position being above the position of the water surface of the liquid (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value" Examiner’s note: where the sensor would be able to see the height of the float whether it be above water or at the water level). Yao does not disclose wherein the float includes the two floats Joseph discloses Wherein the float includes the two floats (Column 1 lines 24-28, "A still further object is to enable the technician to obtain a more sensitive and accurate reading with an instrument of the same length by the use of two hydrometer floats, each of which is calibrated for a different specific density" Examiner’s note: where floats set/calibrated to different densities will float at different heights/depths). Yao discloses the ability to read the height of a hydrometer and get the liquid concentration but it does not disclose the use of a second hydrometer tuned to a different density. Hydrometers can be designed to sit a different depths within the same liquid. Because Yao already has a hydrometer it would be obvious to simply add a second hydrometer designed for a different depth/height. The heights of the two hydrometers can be designed to sit at the water level and above the water level. As noted by Joseph, having two hydrometers for the same liquid tuned to different densities would be advantageous towards achieving a more sensitive and accurate reading as the hydrometer can have a smaller range of densities. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Joseph to add a second hydrometer tuned to a different density for more accurate readings in the liquid. Claim(s) 3, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN104568655A) in view of Kibera (JP 2004506781 A) further in view of Joseph (US 2634606 A) further in view of Tang (CN 105675437 A). Regarding claim 3 the combination of Yao, Kibera and Joseph discloses The concentration measuring method according to Claim 2. The combination of Yao, Kibera, and Joseph does not disclose comprising: acquiring the respective height positions of the two floats floating so that a difference between the height positions to be measured changes in accordance with the concentration of the liquid; and measuring the concentration of the liquid based on the difference between the height positions of the two floats. Tang discloses Acquiring the respective height positions of the two floats floating so that a difference between the height positions to be measured changes in accordance with the concentration of the liquid (Abstract, "A method for using the displacement difference solution density measuring device measures the density of the solution comprises: … obtaining the height difference delta h of the first float and the second float; height difference relation of delta h and the first float W1 and section S1, second float mass W2 and section S2. The two floaters solution density p to obtain the solution density p. suitable for sampling, on-line detection of various solution density, especially suitable for solution concentration online detector"); and measuring the concentration of the liquid based on the difference between the height positions of the two floats (Abstract, "A method for using the displacement difference solution density measuring device measures the density of the solution comprises: … obtaining the height difference delta h of the first float and the second float; height difference relation of delta h and the first float W1 and section S1, second float mass W2 and section S2. The two floaters solution density p to obtain the solution density p. suitable for sampling, on-line detection of various solution density, especially suitable for solution concentration online detector"). The combination of Yao and Kibera discloses using the height of two different floats/hydrometers to calculate the concentration of a liquid. But it does not disclose using the height difference. If Yao used the difference between the heights it could have higher precision and enable temperature tracking for heterogeneous temperatures in the liquid. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Tang to add in the use of a height difference for increased precision and temperature tracking. Regarding claim 13 the combination of Yao, Kibera and Joseph discloses The concentration measuring system according to Claim 12 including the two floats. Yao discloses the position measuring apparatus measures the respective height positions of the float (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"); and the concentration measuring apparatus acquires the respective height positions of the float (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value");. The combination of Yao, Kibera and Joseph does not disclose wherein: the float includes the two floats that float so that a difference between the height positions to be measured changes in accordance with the concentration of the liquid; and measures the concentration of the liquid based on the difference between the height positions of the two floats. Tang discloses Wherein: the float includes the two floats that float so that a difference between the height positions to be measured changes in accordance with the concentration of the liquid (Abstract, "A method for using the displacement difference solution density measuring device measures the density of the solution comprises: … obtaining the height difference delta h of the first float and the second float; height difference relation of delta h and the first float W1 and section S1, second float mass W2 and section S2. The two floaters solution density p to obtain the solution density p. suitable for sampling, on-line detection of various solution density, especially suitable for solution concentration online detector"); and measures the concentration of the liquid based on the difference between the height positions of the two floats (Abstract, "A method for using the displacement difference solution density measuring device measures the density of the solution comprises: … obtaining the height difference delta h of the first float and the second float; height difference relation of delta h and the first float W1 and section S1, second float mass W2 and section S2. The two floaters solution density p to obtain the solution density p. suitable for sampling, on-line detection of various solution density, especially suitable for solution concentration online detector"). The combination of Yao and Kibera discloses using the height of two different floats/hydrometers to calculate the concentration of a liquid. But it does not disclose using the height difference. If Yao used the difference between the heights it could have higher precision and enable temperature tracking for heterogeneous temperatures in the liquid. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Tang to add in the use of a height difference for increased precision and temperature tracking. Claim(s) 5, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN104568655A) in view of Kibera (JP 2004506781 A) further in view of Joseph (US 2634606 A) further in view of Pan (CN 114323409 A). Regarding claim 5 the combination of Yao, Kibera and Joseph discloses The concentration measuring method according to Claim 2. The combination of Yao, Kibera and Joseph does not disclose comprising acquiring the height position of at least one of the floats that floats so that the height position to be measured changes in accordance with an osmotic pressure of the liquid. Pan discloses Acquiring the height position of at least one of the floats that floats so that the height position to be measured changes in accordance with an osmotic pressure of the liquid (Page 5 Paragraph 1, "It can be understood that the laser sensor 2 through the reflecting piece 5 reflecting laser to measure the distance, measuring to obtain the height of the water column in the pipe body 1 is used for representing the osmotic pressure" Examiner’s note: where one can calculate the concentration of the liquid from the osmotic pressure). Yao discloses a hydrometer where the water level tells the density of the liquid but it does not disclose the use of measuring osmotic pressure from the water levels. The osmotic pressure is advantageous in that it can also be used to calculate the liquid concentration but it is effective for liquids with very dilute solutions. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Pan to gain sensitivity to very dilute solutions. Regarding claim 15 the combination of Yao, Kibera and Joseph discloses The concentration measuring system according to Claim 12 including the two floats. The combination of Yao, Kibera and Joseph does not disclose wherein the float includes the two floats, at least one of which floats so that the height position to be measured changes in accordance with an osmotic pressure of the liquid. Pan discloses At least one of the floats which floats so that the height position to be measured changes in accordance with an osmotic pressure of the liquid (Page 5 Paragraph 1, "It can be understood that the laser sensor 2 through the reflecting piece 5 reflecting laser to measure the distance, measuring to obtain the height of the water column in the pipe body 1 is used for representing the osmotic pressure" Examiner’s note: where one can calculate the concentration of the liquid from the osmotic pressure). Yao discloses a hydrometer where the water level tells the density of the liquid but it does not disclose the use of measuring osmotic pressure from the water levels. The osmotic pressure is advantageous in that it can also be used to calculate the liquid concentration but it is effective for liquids with very dilute solutions. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Pan to gain sensitivity to very dilute solutions. Claim(s) 7, 8, 9, 17, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN104568655A) in view of Kibera (JP 2004506781 A) further in view of Kosogor (RU 2769037 C2). Regarding claim 7 the combination of Yao and Kibera discloses The concentration measuring method according to Claim 1. Yao discloses comprising acquiring the height position of the float (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"). The combination of Yao and Kibera does not disclose measuring using a synthetic aperture radar mounted on a flying object. Kosogor discloses Measuring using a synthetic aperture radar mounted on a flying object (Page 16 bottom of Paragraph 1, "The results of the detection of the UAV SAR 1 are transmitted along with the sign of reliability and the established coordinates, the height of the target, the detection time and the main spectral and temporal characteristics of the signals to the ROHI 26"). Yao and Kibera discloses the use of a radar to read the height of a hydrometer but they do not disclose the use of a UAV using SAR. A UAV with a radar could be more useful than a static radar in that the radar will be mobile and able to be used in other situations. For example, the UAV can read the height of the liquid then go look for a lost farm animal. Additionally, the use of a SAR could be advantageous in determining the topography of the liquid to determine if the liquid is disturbed, e.g., the tank was struck which disturbed the liquid which disturbed the hydrometer reading. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kosogor to add in the use of a UAV SAR to have a multipurpose radar and to be able to tell if the liquid is disturbed. Regarding claim 8 the combination of Yao, Kibera, and Kosogor discloses The concentration measuring method according to Claim 7. Yao does not disclose wherein a reflecting part is formed at a top of the float, the reflecting part reflecting the radio wave applied by the synthetic aperture radar in a direction of the synthetic aperture radar. Kibera discloses Wherein a reflecting part is formed at a top of the float, the reflecting part reflecting the radio wave (Paragraph 0017, "The tank is equipped with a radar level instrument. It measures the height position of the float. It sends microwaves to the float and receives reflections from the surface of the float. Based on that measurement, the amount of catalyst mixture in the tank can be calculated continuously" Examiner’s note: where the radar at the top of the tank would receive reflections from the top of the hydrometer) Yao discloses the use of a sensor (camera) to read the height of a float to calculate the concentration of a liquid but it does not disclose the use of radio waves. A camera requires visible light to function meaning wherever the liquid is the reading is visibility dependent i.e., one would have to light up a dark tank. A radar sensor can operate in the dark, making the readings less energy dependent (no light bulbs) and operable regardless of the time of day. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kibera to use radar instead of a camera to have a sensor unaffected by lack of visible light. Kosogor discloses A radio wave applied by the synthetic aperture radar in a direction of the synthetic aperture radar (Page 16 bottom of Paragraph 1, "The results of the detection of the UAV SAR 1 are transmitted along with the sign of reliability and the established coordinates, the height of the target, the detection time and the main spectral and temporal characteristics of the signals to the ROHI 26"). Yao and Kibera discloses the use of a radar to read the height of a hydrometer but they do not disclose the use of a SAR. The use of a SAR could be advantageous in determining the topography of the liquid to determine if the liquid is disturbed, e.g., the tank was struck which disturbed the liquid, which disturbed the hydrometer reading. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kosogor to add in the use of a SAR to determine if the liquid is disturbed and therefore affecting the reading. Regarding claim 9 the combination of Yao, Kibera, and Kosogor discloses The concentration measuring method according to Claim 7 including the two floats. The combination of Yao and Kibera does not disclose comprising acquiring the height positions of the target placed along a direction in which the radio wave is applied by the synthetic aperture radar. Kosogor discloses Comprising acquiring the height positions of the target placed along a direction in which the radio wave is applied by the synthetic aperture radar (Page 16 bottom of Paragraph 1, "The results of the detection of the UAV SAR 1 are transmitted along with the sign of reliability and the established coordinates, the height of the target, the detection time and the main spectral and temporal characteristics of the signals to the ROHI 26"). Yao and Kibera discloses the use of radar to determine the height of a hydrometer but it does not disclose the use of SAR and the targets along the direction. In the case of Kosogor the SAR is on a UAV, meaning it would be obvious that the UAV could simply move or adjust itself to align with two floats in a liquid. As already stated using a SAR could be useful for determining if the liquid surface is disturbed and therefore producing bad hydrometer measurements. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention ..to modify Yao with Kosogor to add in the use of a SAR to determine if the liquid is disturbed and therefore affecting the reading. Regarding claim 17 the combination of Yao and Kibera discloses The concentration measuring system according to Claim 11. Yao discloses wherein the position measuring apparatus measures the height position of the float (Paragraph 0040, "The essence of this invention is to use a computer to identify the height at which the buoyancy gauge floats in order to calculate the concentration of the liquid, thus using a machine to replace the human eye in reading the value"). The combination of Yao and Kibera does not disclose using information measured using a synthetic aperture radar mounted on a flying object. Kosogor discloses Using information measured using a synthetic aperture radar mounted on a flying object (Page 16 bottom of Paragraph 1, "The results of the detection of the UAV SAR 1 are transmitted along with the sign of reliability and the established coordinates, the height of the target, the detection time and the main spectral and temporal characteristics of the signals to the ROHI 26"). Yao and Kibera discloses the use of a radar to read the height of a hydrometer but they do not disclose the use of a UAV using SAR. A UAV with a radar could be more useful than a static radar in that the radar will be mobile and able to be used in other situations. For example, the UAV can read the height of the liquid then go look for a lost farm animal. Additionally, the use of a SAR could be advantageous in determining the topography of the liquid to determine if the liquid is disturbed, e.g., the tank was struck which disturbed the liquid which disturbed the hydrometer reading. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kosogor to add in the use of a UAV SAR to have a multipurpose radar and to be able to tell if the liquid is disturbed. Regarding claim 18 the combination of Yao, Kibera, and Kosogor discloses The concentration measuring system according to Claim 17. Yao does not disclose wherein the float includes a reflecting part formed at a top thereof, the reflecting part reflecting the radio wave applied by the synthetic aperture radar in a direction of the synthetic aperture radar. Kibera discloses Wherein the float includes a reflecting part formed at a top thereof, the reflecting part reflecting the radio wave (Paragraph 0017, "The tank is equipped with a radar level instrument. It measures the height position of the float. It sends microwaves to the float and receives reflections from the surface of the float. Based on that measurement, the amount of catalyst mixture in the tank can be calculated continuously" Examiner’s note: where the radar at the top of the tank would receive reflections from the top of the hydrometer) Yao discloses the use of a sensor (camera) to read the height of a float to calculate the concentration of a liquid but it does not disclose the use of radio waves. A camera requires visible light to function meaning wherever the liquid is the reading is visibility dependent i.e., one would have to light up a dark tank. A radar sensor can operate in the dark, making the readings less energy dependent (no light bulbs) and operable regardless of the time of day. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kibera to use radar instead of a camera to have a sensor unaffected by lack of visible light. Kosogor discloses A radio wave applied by the synthetic aperture radar in a direction of the synthetic aperture radar (Page 16 bottom of Paragraph 1, "The results of the detection of the UAV SAR 1 are transmitted along with the sign of reliability and the established coordinates, the height of the target, the detection time and the main spectral and temporal characteristics of the signals to the ROHI 26"). Yao and Kibera discloses the use of a radar to read the height of a hydrometer but they do not disclose the use of a SAR. The use of a SAR could be advantageous in determining the topography of the liquid to determine if the liquid is disturbed, e.g., the tank was struck which disturbed the liquid, which disturbed the hydrometer reading. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Yao with Kosogor to add in the use of a SAR to determine if the liquid is disturbed and therefore affecting the reading. Regarding claim 9 the combination of Yao, Kibera, and Kosogor discloses The concentration measuring system according to Claim 17 including the two floats. The combination of Yao and Kibera does not disclose wherein the float includes the two floats placed along a direction in which the radio wave is applied by the synthetic aperture radar. Kosogor discloses Wherein the float includes the two floats placed along a direction in which the radio wave is applied by the synthetic aperture radar (Page 16 bottom of Paragraph 1, "The results of the detection of the UAV SAR 1 are transmitted along with the sign of reliability and the established coordinates, the height of the target, the detection time and the main spectral and temporal characteristics of the signals to the ROHI 26"). Yao and Kibera discloses the use of radar to determine the height of a hydrometer but it does not disclose the use of SAR and the targets along the direction. In the case of Kosogor the SAR is on a UAV, meaning it would be obvious that the UAV could simply move or adjust itself to align with two floats in a liquid. As already stated using a SAR could be useful for determining if the liquid surface is disturbed and therefore producing bad hydrometer measurements. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER D DOZE whose telephone number is (571)272-0392. The examiner can normally be reached Monday-Friday 9:00am - 6:00pm ET. 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, Resha Desai can be reached at (571) 270-7792. 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. /PETER DAVON DOZE/Examiner, Art Unit 3648 /OLUMIDE AJIBADE AKONAI/Primary Examiner, Art Unit 3648
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Prosecution Timeline

Dec 03, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
95%
With Interview (+13.7%)
2y 10m (~1y 0m remaining)
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