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 Objections
Claims 4-5 are objected to because of the following informalities: There is a typo in the limitation “the analysis unit is detects” in lines 2-3. A possible correction would read - - the analysis unit detects - - .
Claim 6 is objected to because of the following informalities: There is a typo in the limitation “the analysis unit is generates” in lines 2-3. A possible correction would read - - the analysis unit generates - -.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9, 17, and 18 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 claims 1, 9, 17, and 18, the phrase "particularly" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In the following, the limitations including “particularly” are considered to be optional.
Claims 2-9 depend from claim 1 and inherit this issue therefrom.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6, 8, 10-15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Umkehrer et al. (EP 4095500 A1).
As to claim 1, Umkehrer et al. teaches a vibronic measuring device (figure 1), particularly a limit level sensor (paragraph [0044]; considered optional as indicated above in the rejection under 112), for determining and/or monitoring at least one process variable of a medium in a container (paragraph [0040]), comprising
at least one mechanically oscillatory unit (15),
at least one drive and receiving unit for exciting the mechanically oscillatory unit to vibrate mechanically by means of an electrical excitation signal SA and for receiving and converting mechanical vibrations into an electrical receiving signal (SE) (paragraph [0043]), and
at least one control and evaluation unit (the part of 8 used for control and evaluation) for closed-loop control and/or open-loop control of the vibrational excitation and for evaluation of the receiving signal SE with respect to the process variable (paragraphs [0040] and [0043]),
wherein the vibronic measuring device comprises at least one vibration sensor (9) coupled with the vibronic measuring device in such a manner that vibrations are transmitted from the measuring device to the vibration sensor to pick up a sensor signal (Ss) at the vibration sensor (paragraph [0040]),
wherein the vibronic measuring device comprises an analysis unit (the part of 8 used to analyze the data) connected to the control and evaluation unit (paragraphs [0024]-[0026] and [0040]-[0044]),
wherein the electrical receiving signal (SE) and the sensor signal (Ss) are supplied to the analysis unit as input signals (paragraphs [0023]-[0026]),
wherein the analysis unit performs self-learning analysis of the input signals supplied to it (paragraph [0026]), and
wherein the analysis unit transmits at least one piece of reliability information for the electrical receiving signal (SE) to the control and evaluation unit (paragraph [0024]).
As to claim 2, Umkehrer et al. teaches wherein the electrical receiving signal SE and/or the sensor signal (Ss) are supplied to the analysis unit in the time domain (Ssz) and in the spectral domain (Sss) (paragraph [0021]).
As to claim 3, Umkehrer et al. teaches wherein a temperature signal (T) is supplied to the analysis unit as a further input signal (paragraph [0040]).
As to claim 4, Umkehrer et al. teaches wherein the analysis unit is detects periodic events (paragraphs [0019] and [0021]).
As to claim 5, Umkehrer et al. teaches wherein the analysis unit detects frequency patterns (paragraphs [0019] and [0021]).
As to claim 6, Umkehrer et al. teaches wherein the analysis unit generates and outputs a warning signal when a quality of a desired signal that can be extracted from the electrical receiving signal (SE) is too low (paragraph [0028]).
As to claim 8, Umkehrer et al. teaches wherein the analysis unit detects and classifies events which cause extraneous vibrations and provides a classifier to the control and evaluation unit (paragraphs [0024]-[0026]).
As to claim 10, Umkehrer et al. teaches a method for signal processing in a vibronic measuring device (abstract) comprising
providing a mechanically oscillatory unit (15),
providing at least one drive and receiving unit for exciting the mechanically oscillatory unit to vibrate mechanically by means of an electrical excitation signal SA and for receiving and converting mechanical vibrations into an electrical receiving signal (SE), a control and evaluation unit for closed-loop control and/or open-loop control of the vibrational excitation and for evaluation of the receiving signal SE with respect to the process variable (paragraph [0043]), and
coupling at least one vibration sensor (9) with the vibronic measuring device in such a manner that vibrations are transmitted from the measuring device to the vibration sensor to pick up a sensor signal (Ss) at the vibration sensor (paragraph [0040]),
wherein the vibronic measuring device comprises an analysis unit (the part of 8 used to analyze the data) connected to the control and evaluation unit (paragraphs [0024]-[0026] and [0040]-[0044]), the method comprising
supplying the electrical receiving signal (SE) and the sensor signal Ss to the analysis unit as input signals (paragraphs [0023]-[0026]), and
transmitting at least one piece of reliability information (Z) for the electrical receiving signal (SE) from the analysis unit to the control and evaluation unit (paragraph [0024]), and
analyzing the input signals that are supplied to the analysis unit in a self-learning manner (paragraph [0026]).
As to claim 11, Umkehrer et al. wherein the electrical receiving signal SE and/or the sensor signal (Ss) are supplied to the analysis unit in the time domain (SEz) and in the spectral domain (SES) (paragraph [0021]).
As to claim 12, Umkehrer et al. teaches wherein a temperature signal (T) is supplied to the analysis unit as a further input signal (paragraph [0040]).
As to claim 13, Umkehrer et al. teaches wherein the analysis unit carries out a detection of periodic events (paragraphs [0019] and [0021]).
As to claim 14, Umkehrer et al. teaches wherein the analysis unit carries out a detection of frequency patterns (paragraphs [0019] and [0021]).
As to claim 15, Umkehrer et al. teaches wherein the analysis unit generates and outputs a warning signal (W) when a quality of a desired signal that can be extracted from the electrical receiving signal (SE) is too low (paragraph [0028]).
As to claim 17, Umkehrer et al. teaches wherein the analysis unit detects and classifies events which cause extraneous vibrations and outputs a piece of information about this, particularly a classifier (paragraphs [0024]-[0026], where the limitation “particularly a classifier is considered to be optional as discussed in the 112(b) rejection above).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Umkehrer et al. (EP 4095500 A1) in view of D’Angelico et al. (US 2019/0339107 A1).
As to claims 7 and 16, Umkehrer et al. teaches all of the limitations of the claimed invention, as noted above for claims 1 and 10 respectively, except wherein the analysis unit outputs a signal for adjusting at least one adaptive filter filtering the receiving signal (SE) for delivery to the control and evaluation unit.
D’Angelico et al. teaches wherein the analysis unit outputs a signal for adjusting at least one adaptive filter filtering the receiving signal (SE) for delivery to the control and evaluation unit (paragraphs [0030]-[0031] and [0048]).
It would have been obvious to one skilled in the art before the effective filing date to modify Umkehrer et al. to have wherein the analysis unit outputs a signal for adjusting at least one adaptive filter filtering the receiving signal (SE) for delivery to the control and evaluation unit as taught by D’Angelico et al. because it allows the filtering to be adjusted based on the system needs (paragraph [0048]) with predictable results.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Umkehrer et al. (EP 4095500 A1) in view of Krämer et al. (DE 102022200917 A1).
As to claims 9 and 18, Umkehrer et al. teaches all of the limitations of the claimed invention, as noted above for claims 1 and 10 , except wherein the control and evaluation unit adjusts a measuring rate and/or signal processing, particularly filtering, on the basis of a classification of an event.
Krämer et al. teaches wherein a control and evaluation unit adjusts a measuring rate and/or signal processing, particularly filtering, on the basis of a classification of an event (page 4, paragraph 3 of the machine translation teaches the adjustment on a state, and paragraphs [0024]-[0026] of Umkehrer et al. is considered to teach the determining of a state).
It would have been obvious to one skilled in the art before the effective filing date to modify Umkehrer et al. to have wherein the control and evaluation unit adjusts a measuring rate and/or signal processing, particularly filtering, on the basis of a classification of an event as suggested by Krämer et al. because it allows the sensor to account for the state of the system monitored (page 4, paragraph 3) with predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
D’Angelico (US PGPub 2024/0418559 A1) and Brengartner et al. (US PGPub 2017/0343459 A1) teach systems and methods with similarities to the disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER E S BAHLS whose telephone number is (571)270-7807. The examiner can normally be reached Monday-Friday, 9:00 am-3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER BAHLS/Primary Examiner, Art Unit 2853
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