DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/30/2025 was considered by the examiner.
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.
Claim(s) 1-2, 5, 7, and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,389,875 (Rosen).
Regarding claim 1, Rosen teaches a multi-mode thickness measurement device for measuring a thickness of a sample, the measurement device comprising an operative end and a body defining a longitudinal axis (the dielectric probe of Fig. 1 measures a thickness of a sample and wherein the portion including coaxial cable 2 and soft magnetic sleeve 8 is equivalent to a body portion and an end portion comprising the end of inner conductor 3 which contacts a material being tested is equivalent to an operative end; see Figs. 1, 3a; see col. 3, line 23 - col. 4, line 50), wherein the operative end comprises:
a magnetic thickness sensing system (probe 1 includes soft magnetic member 3, a coil 7 and soft magnetic sleeve 8 for analyzing magnetic materials in which the effect of permeability can be deduced; see Fig. 1; see col. 1, line 30-col. 2, lines 64 and col. 3, line 51-col. 4, line 38); and
a capacitive thickness sensing system (the dielectric probe includes a coaxial cable 2 comprising an inner conductor 3 and an outer conductive member 5; see Fig. 1; see col. 1, lines 12-44 and col. 3, lines 23-50), and
wherein the operative end extends from the body along the longitudinal axis, wherein the sample being measured by the measurement device is to be placed against the operative end such that the thickness of the sample along the longitudinal axis is measured (a longitudinal axis of the coaxial cable 2 forms a body portion and an operative end formed at the end of the inner conductor 3 which contacts the test material; see Fig. 1; see col. 1, lines 12-44 and col. 3, lines 23-50).
Regarding claim 2, Rosen teaches wherein the body comprises a handheld body portion, wherein the operative end is at a distal end of the handheld body portion (one of ordinary skill in the art would reasonably understand the coaxial cable 2 may be handheld and would reasonably form a handheld body portion as claimed with the operative end at a distal end of the coaxial cable; see Fig. 1).
Regarding claim 5, Rosen teaches wherein the capacitive thickness sensing system comprises a conductive rod, and wherein the magnetic thickness sensing system comprises a wire coil wrapped around the conductive rod (the dielectric probe comprises an inner conductor 3 and the magnetic sensor comprises a coil 7 wrapped around the conductive rod; see Fig. 1).
Regarding claim 7, Rosen teaches wherein the magnetic thickness sensing system further comprises an electrical insulator between the wire coil and the conductive rod (a spacer 4 made of dielectric material is formed between the coil 7 and the inner conductor 3; see Fig. 1).
Regarding claim 12, Rosen teaches a method of measuring a thickness of a sample (a method for measuring thickness using; see Figs. 1, 3a; see col. 3, line 23 - col. 4, line 50), the method comprising:
placing the sample against an operative end of a multi-mode thickness measurement device (the end of inner conductor 3 which contacts a material being tested is equivalent to an operative end; see Figs. 1; see col. 3, line 23 - col. 4, line 50),
wherein the multi-mode thickness measurement device, at the operative end, comprises a magnetic thickness sensing system (probe 1 includes soft magnetic member 3, a coil 7 and soft magnetic sleeve 8 for analyzing magnetic materials in which the effect of permeability can be deduced; see Fig. 1; see col. 1, line 30-col. 2, lines 64 and col. 3, line 51-col. 4, line 38), and
a capacitive thickness sensing system (the dielectric probe includes a coaxial cable 2 comprising an inner conductor 3 and an outer conductive member 5; see Fig. 1; see col. 1, lines 12-44 and col. 3, lines 23-50), and
wherein the multi-mode thickness measurement device comprises a body that defines a longitudinal axis such that the operative end extends longitudinally from the body along the longitudinal axis (a longitudinal axis of the coaxial cable 2 forms a body portion and an operative end formed at the end of the inner conductor 3 which contacts the test material; see Fig. 1; see col. 1, lines 12-44 and col. 3, lines 23-50); and
measuring a thickness of the sample with the multi-mode thickness measurement device along the longitudinal axis (the thickness is measured along the longitudinal axis; see Fig. 3a; see col. 4, lines 39-50).
Regarding claim 13, Rosen teaches wherein measuring the thickness of the sample comprises measuring the thickness of the sample with the magnetic thickness sensing system of the measurement device (the thickness is measured using the magnetic thickness measuring system; see col. 1, line 30-col. 2, lines 64 and col. 3, line 51-col. 4, line 38).
Regarding claim 14, Rosen teaches wherein measuring the thickness of the sample comprises measuring the thickness of the sample with the capacitive thickness sensing system of the measurement device (the dielectric probe includes a coaxial cable 2 comprising an inner conductor 3 and an outer conductive member 5 longitudinal axis of the coaxial cable 2 forming a body portion and an operative end formed at the end of the inner conductor 3 which contacts the test material; see Fig. 1; see col. 1, lines 12-44 and col. 3, lines 23-50).
Regarding claim 15, Rosen teaches wherein measuring the thickness of the sample comprises measuring the thickness of the sample with both the magnetic thickness sensing system of the measurement device and the capacitive thickness sensing system of the measurement device and determining a thickness of the sample based on the thickness measurement from the capacitive thickness sensing system and the thickness measurement from the magnetic thickness sensing system (the thickness is measured using the dielectric probe with the magnetic field on and off to determine a thickness based on a phase difference; see col. 4, lines 17-50; see Fig. 3a).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,389,875 (Rosen) in view of US 7,180,286 (Fischer).
Regarding claim 3, Rosen fails to teach wherein the handheld body portion comprises a display, control buttons, and a replaceable battery pack.
Fischer teaches wherein the handheld body portion comprises a display, control buttons, and a replaceable battery pack (a housing 12 for a probe 14 comprising a display 26, control elements 28, and a battery, wherein one of ordinary skill in the art would appreciate a battery may be replaceable; see Fig. 1; see col. 4, lines 20-58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the features of Fischer into Rosen in order to gain the advantage of a body portion held by the user during testing, a display to provide outputs of test results to a user, control buttons to control operation of the test device, and a battery to provide power to the test device.
Claim(s) 4 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,389,875 (Rosen) in view of US 6,586,930 (Kumar).
Regarding claim 4, Rosen fails to teach further comprising a magnetic target, wherein the operative end is for placement at a first side of the sample and the magnetic target is for placement at a second, opposite side of the sample, wherein the multi-mode thickness measurement device is for measuring the thickness of the sample from the first side to the second side.
Kumar teaches a magnetic target, wherein the operative end is for placement at a first side of the sample and the magnetic target is for placement at a second, opposite side of the sample, wherein the multi-mode thickness measurement device is for measuring the thickness of the sample from the first side to the second side (a magnetic target is provided wherein an operative end of a probe 14 is placed at a first side of article 18 and the target is placed at a second side for measuring the sample; see col. 1, line 57 - col. 2, line 6; see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the features of Kumar into Rosen in order to gain the advantage of a determining the thickness using a magnetic target wherein the measured response from the target depends on the wall thickness.
Regarding claim 8, Rosen fails to teach wherein the magnetic thickness sensing system comprises a Hall effect sensor.
Kumar teaches wherein the magnetic thickness sensing system comprises a Hall effect sensor (a magnetic sensor 42 may be a Hall sensor; see col. 1, lines 27-56).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the features of Kumar into Rosen in order to gain the advantage of a determining the thickness using a magnetic target wherein the measured response from the target depends on the wall thickness, and wherein a Hall sensor is a known magnetic field sensor for measuring a magnetic response.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,389,875 (Rosen) in view of US 6,586,930 (Kumar) and US 4,553,095 (Schenk).
Regarding claim 6, Rosen fails to teach wherein the magnetic thickness sensing system further comprises a permanent magnet positioned proximal to the wire coil and a magnetic target.
Schenk teaches wherein the magnetic thickness sensing system further comprises a permanent magnet positioned proximal to the wire coil (a thickness gauge includes a magnet 12 next to a coil 14; see Fig. 1; see col. 2, lines 15-40, col. 3, lines 37-44).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the features of Schenk into Rosen in order to gain the advantage of applying a constant bias magnetic field that saturates a ferrite region whose thickness is being determined without affecting the eddy current measurement.
Kumar teaches a magnetic target (a magnetic target is provided wherein an operative end of a probe 14 is placed at a first side of article 18 and the target is placed at a second side for measuring the sample; see col. 1, line 57 - col. 2, line 6; see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the features of Kumar into Rosen in order to gain the advantage of a determining the thickness using a magnetic target wherein the measured response from the target depends on the wall thickness.
Claim(s) 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,389,875 (Rosen) in view of US Afzal US 2019/0101516 (Afzal).
Regarding claim 9, Rosen fails to teach further comprising a circuit board comprising a capacitive-sensing integrated circuit and a magnetic- sensing integrated circuit.
Afzal teaches a PCB further comprising a circuit board comprising a capacitive-sensing integrated circuit and a magnetic- sensing integrated circuit (a PCB 230 comprises measuring circuitry 236 for the capacitive measurements and measuring circuitry for magnetic field sensors; see Fig. 2; see [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the features of Afzal into Rosen in order to gain the advantage of a circuit board including measuring circuitry for processing measurements from a capacitive sensor and a magnetic sensor.
Regarding claim 16, Rosen fails to teach further comprising calibrating the capacitive thickness sensing system with a thickness measurement from the magnetic thickness sensing system of the measurement device.
Afzal teaches further comprising calibrating the capacitive thickness sensing system with a thickness measurement from the magnetic thickness sensing system of the measurement device (A normalized leaf thickness may be achieved by raw data or calibrated data collected by the thickness measurement techniques based on the output of the magnetic field sensor or the capacitive method for thickness measurements, and normalized data based on the capacitive sensor for tissue thickness measurements provides normalized tissue thickness values (similar to the tissue thickness measurements based on the magnetic field sensor method), while the normalized data of the tissue capacitance sensor provides normalized tissue capacitance. Since the magnetic field sensor provides calibrated data, and the capacitive sensor provides normalized data, it would be understood by one of ordinary skill in the art to use the magnetic field sensor to calibrate the normalized data of the capacitive sensor; see [0105]-[0107]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the features of Afzal into Rosen in order to gain the advantage of a calibrating a thickness measurement performed by a capacitive sensor with a thickness measurement performed by a magnetic sensor, wherein normalizing the data assists in reducing variability of measurements and obtaining a maximum recorded value obtained from all values.
Allowable Subject Matter
Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, the prior art of record fails to teach wherein the capacitive thickness sensing system comprises a conductive inner tube and a conductive outer tube, wherein the conductive inner tube and the conductive outer tube are concentric, and wherein the circuit board is positioned centrally with respect to the conductive inner tube and the conductive outer tube, in combination with all other limitations of parent claims 1, 2, and 9.
Regarding claim 11, the prior art of record fails to teach wherein the capacitive thickness sensing system comprises a conductive rod, and wherein the circuit board is attached to the conductive rod, in combination with all other limitations of parent claims 1, 2, and 9.
Claims 17-20 are allowed. The following is an Examiner’s statement of reasons for allowance:
Regarding claim 17, Rosen teaches a multi-mode thickness measurement device, comprising: an outer tube (8); an inner conductive tube (5) positioned within the outer conductive tube, a central conductive rod (3) positioned within the inner conductive tube; a magnetic sensing element positioned at a distal end of the central conductive rod (7); and
The prior art of record fails to teach or suggest a housing; an outer conductive tube positioned within the housing; a circuit board attached to the central conductive rod, wherein the circuit board comprises a capacitive-sensing integrated circuit electrically coupled with the outer conductive tube, the inner conductive tube, and the central conductive rod, and an inductive-sensing integrated circuit electrically coupled with the magnetic sensing element.
Claims 18-20, definite and enabled by the specification are allowed through a dependence on allowed claim 17.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN LEE YENINAS whose telephone number is (571)270-0372. The examiner can normally be reached M - F 10 - 6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached at (571) 272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN L YENINAS/Primary Examiner, Art Unit 2858