DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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.
The term “wide range” in claims 1, 9 and 16 is a relative term which renders the claims indefinite. The term “wide range” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2-8, 10-15 and 17-20 depend on claims 1, 9 or 16 and are rejected for inheriting the same problem.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2021/0364100 by Ackermann (“Ackermann”) in view of U.S. Patent Application Publication 2019/0383414 by Brown et al. (“Brown”).
As for claim 1, Ackermann discloses a flowmeter comprising:
an inlet (202) configured to couple to a first conduit to receive a flow of a medium;
an outlet (204) configured to couple to a second conduit to deliver the multiphase medium;
a chamber (defined by 201 and 246) extending between the inlet and the outlet and providing a flow path between the inlet and the outlet (see Fig. 2), the chamber including a valve seat (216) that has a cross-sectional area that is narrower than one or more of the inlet, the outlet, or the chamber (see Fig. 2);
a check disk (214) within the chamber, the check disk configured to move toward or away from the valve seat in response to pressure of one or more components of the multiphase medium to dynamically vary an effective constriction ratio of the flow path (paragraph [0019]), wherein the effective constriction ratio corresponds to a ratio between an effective diameter of the flow path through the valve seat and past the check disk relative to a diameter of one of the inlet or outlet (see Fig. 2); and
a circuit (232) configured to determine a flow rate of the multiphase medium based on, at least in part, on a pressure (paragraph [0020]);
wherein movement of the check disk varies the effective constriction ratio to provide a constriction in the flow path that produces a differential pressure over a wide range of fluid flow rates (paragraph [0019]).
Ackermann does not disclose that the medium is a multiphase medium.
However, Brown discloses a medium that is a multiphase medium (Abstract).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the flowmeter, including the inlet and outlet and circuit, of Ackermann to operate with a multiphase medium as disclosed by Brown in order to increase the versatility of the flow meter by allowing it to be used in any environment for flow measurements of a chaotic fluid mixture (Brown: paragraph [0043]).
Ackermann as presently modified by Brown does not disclose that the pressure is inferred from a position of the check disk. Instead, Ackermann discloses measuring a pressure with a pressure sensor (Ackermann: 240 or 242).
However, Brown discloses that a pressure can be inferred from a position of a check disk (paragraph [0068]).
Because Ackermann and Brown both disclose methods of determining a pressure, it would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to substitute the method of inferring a pressure of Brown for the method of using a pressure sensor of Ackermann to achieve the predictable result of providing a method of determining a pressure within the flowmeter.
Ackermann as presently modified by Brown does not disclose that the circuit is configured to determine a flow rate of the multiphase medium based on, at least in part, on a pressure inferred from a position of a check disk because Ackermann as modified by Brown does not explicitly disclose that the upstream pressure is inferred from the position of the check disk.
At the time the application was filed, Ackermann disclosed a need to determine a differential pressure across the check disk (Ackermann: see Fig. 2). One having ordinary skill in the art would recognize that the differential pressure could be determined by measuring (with pressure sensor 240 of Ackermann) or inferring (using the technique of Brown) the upstream pressure and by measuring (with pressure sensor 242 of Ackermann) or inferring (using the technique of Brown) the downstream pressure, or using a single differential pressure sensor. Therefore, it would have been obvious to try to infer the upstream pressure (using the technique of Brown) and the measure the downstream pressure (using the pressure sensor 242 of Ackermann) to achieve the predictable result of determining the differential pressure with a reasonable expectation of success.
Ackermann as modified by Brown discloses that the circuit (Ackermann: 232) is configured to determine a flow rate (Ackermann: using differential pressure measured, in part, by a pressure sensor 240, and using the check disk position; paragraph [0020]) of the multiphase medium based on, at least in part, on a pressure inferred from a position of a check disk (Brown: paragraph [0068]).
As for claim 2, Ackermann as modified by Brown discloses that the circuit comprises:
at least one pressure sensor (Ackermann: 242) configured to determine pressure data associated with the multiphase medium; and
a processor (Ackermann: 232; paragraph [0067]) configured to determine the flow rate of the multiphase medium based on the pressure data (Ackermann: paragraphs [0020]).
As for claim 3, Ackermann as modified by Brown discloses that the circuit comprises:
a pressure sensor (Ackermann: 242) configured to determine pressure data associated with the multiphase medium;
a position sensor (Ackermann: 244) configured to determine parameter data indicative of one or more parameters of the check disk, the one or more parameters including one or more of a position (Ackermann: paragraph [0066]), a displacement, or an orientation of the check disk; and
a processor (Ackermann: 232; paragraph [0067]) configured to determine the flow rate of the multiphase medium based on the pressure data and the parameter data (Ackermann: paragraphs [0020]).
As for claim 4, Ackermann as modified by Brown discloses a bias mechanism (Ackermann: 225) including a spring (Ackermann: 225) configured to apply a bias force to the check disk to resist the flow (Ackermann: paragraph [0050]).
As for claim 5, Ackermann as modified by Brown discloses that the bias mechanism is adjustable to alter the bias force applied to the check disk (Ackermann: paragraph [0057]).
As for claim 6, Ackermann as modified by Brown discloses that:
the flow meter comprises a valve unit (Ackermann: 214); and
the check disk (Ackermann: 214) comprises a valve member (Ackermann: 214) of the valve unit, the valve unit comprises the check disk configured to move toward or away from the valve seat (Ackermann: 216) of the valve unit in response to the multiphase medium (Ackermann: paragraph [0019]); and
the circuit comprising:
a pressure sensor (Ackermann: 242) configured to determine pressure data associated with the multiphase medium within the chamber;
a position sensor (Ackermann: 244) configured to determine parameter data associated with the valve, the parameter data indicative of one or more of a position (Ackermann: paragraph [0066]), a displacement, or an orientation of the valve within the chamber; and
a processor (Ackermann: 232; paragraph [0067]) coupled to the pressure sensor and the position sensor, the processor configured to determine the flow rate of the multiphase medium based on the pressure data and the parameter data (Ackermann: paragraphs [0020]).
As for claim 7, Ackermann as modified by Brown discloses that:
the inlet (Ackermann: 202) has a first cross-sectional diameter (Ackermann: see Fig. 2);
the outlet (Ackermann: 204) has the first cross-sectional diameter of the inlet (Ackermann: see Fig. 2);
the chamber (Ackermann defined by 201 and 246) has a second cross-sectional diameter (Ackermann: see Fig. 2);
the valve seat (Ackermann: 216) has the cross-sectional area that is narrower than one or more of the first cross-sectional diameter or the second cross-sectional diameter (Ackermann: see Fig. 2); and
the check disk (Ackermann: 214) moves within the chamber to vary at least one of the cross-sectional area of the valve seat and the second cross-sectional diameter to dynamically vary the volumetric constriction ratio in response to the multiphase medium (Ackermann: paragraph [0019]).
As for claim 8, Ackermann as modified by Brown discloses that a cross-sectional diameter of at least a portion of the chamber between the inlet and the valve seat is larger than a first cross-sectional diameter of one or more of the inlet or the outlet (Ackermann: see Fig. 2).
As for claim 9, Ackermann discloses a flowmeter comprising:
an inlet (202) having a first cross-sectional diameter (see Fig. 2) and configured to couple to a first conduit having the first cross-sectional diameter to receive a flow of a medium;
an outlet (24) having the first cross-sectional diameter (see Fig. 2) and configured to couple to a second conduit having the first cross-sectional diameter to deliver the medium;
a chamber (defined by 201 and 246) having a second cross-sectional diameter (see Fig. 2) and extending between the inlet and the outlet, the chamber configured to provide a flow path between the inlet and the outlet;
a check disk (214) within the chamber and configured to move in response to the multiphase medium to dynamically vary an effective cross-sectional area of the chamber and an effective constriction ratio of the flow path (paragraph [0019]), wherein the effective constriction ratio corresponds to a ratio between an effective diameter of the flow path through the valve seat and past the check disk relative to the diameter of one of the inlet or outlet (see Fig. 2); and
a circuit (232) configured to determine a flow rate of the medium based on, at least in part, on a pressure (paragraph [0020]);
wherein movement of the check disk varies the effective constriction ratio to provide a constriction in the flow path that produces a differential pressure over a wide range of fluid flow rates (paragraph [0019]).
Ackermann does not disclose that the medium is a multiphase medium.
However, Brown discloses a medium that is a multiphase medium (Abstract).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the flowmeter, including the inlet and outlet and circuit, of Ackermann to operate with a multiphase medium as disclosed by Brown in order to increase the versatility of the flow meter by allowing it to be used in any environment for flow measurements of a chaotic fluid mixture (Brown: paragraph [0043]).
However, Brown discloses that a pressure can be inferred from a position of a check disk (paragraph [0068]).
Because Ackermann and Brown both disclose methods of determining a pressure, it would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to substitute the method of inferring a pressure of Brown for the method of using a pressure sensor of Ackermann to achieve the predictable result of providing a method of determining a pressure within the flowmeter.
Ackermann as presently modified by Brown does not disclose that the circuit is configured to determine a flow rate of the multiphase medium based on, at least in part, on a pressure inferred from a position of a check disk because Ackermann as modified by Brown does not explicitly disclose that the upstream pressure is inferred from the position of the check disk.
At the time the application was filed, Ackermann disclosed a need to determine a differential pressure across the check disk (Ackermann: see Fig. 2). One having ordinary skill in the art would recognize that the differential pressure could be determined by measuring (with pressure sensor 240 of Ackermann) or inferring (using the technique of Brown) the upstream pressure and by measuring (with pressure sensor 242 of Ackermann) or inferring (using the technique of Brown) the downstream pressure, or using a single differential pressure sensor. Therefore, it would have been obvious to try to infer the upstream pressure (using the technique of Brown) and the measure the downstream pressure (using the pressure sensor 242 of Ackermann) to achieve the predictable result of determining the differential pressure with a reasonable expectation of success.
Ackermann as modified by Brown discloses that the circuit (Ackermann: 232) is configured to determine a flow rate (Ackermann: using differential pressure measured, in part, by a pressure sensor 240, and using the check disk position; paragraph [0020]) of the multiphase medium based on, at least in part, on a pressure inferred from a position of a check disk (Brown: paragraph [0068]).
As for claim 10, Ackermann as modified by Brown discloses that:
the chamber (Ackermann: defined by 201 and 246) includes a valve seat (Ackermann: 216) having a third cross-sectional area (Ackermann: see Fig. 2) that is narrower than one or more of the second cross-sectional diameter (Ackermann: see Fig. 2) or the first cross-sectional diameter; and
the valve seat (Ackermann: 216) divides the chamber into a first portion (Ackermann: see Fig. 2) and a second portion (Ackermann: see Fig. 2), the second cross-sectional diameter of at least one of the first portion or the second portion is larger than the first cross-sectional diameter (Ackermann: see Fig. 2).
As for claim 11, Ackermann as modified by Brown discloses that the circuit comprises:
at least one pressure sensor (Ackermann: 242) configured to determine pressure data associated with the multiphase medium; and
a processor (Ackermann: 232; paragraph [0067]) configured to determine the flow rate of the multiphase medium based on the pressure data (Ackermann: paragraph [0020).
As for claim 12, Ackermann as modified by Brown discloses that the circuit comprises:
a pressure sensor (Ackermann: 242) configured to determine pressure data associated with the multiphase medium;
a position sensor (Ackermann: 244) configured to determine parameter data indicative of one or more parameters of the device, the one or more parameters including one or more of a position (Ackermann: paragraph [0066]), a displacement, or an orientation of the device; and
a processor (Ackermann: 232; paragraph [0067) configured to determine the flow rate of the multiphase medium based on the pressure data and the parameter data (Ackermann: paragraph [0020]).
As for claim 13, Ackermann as modified by Brown discloses a bias mechanism (Ackermann: 225) including a spring (Ackermann: 225) configured to apply a bias force to the check disk to resist the flow (Ackermann: paragraph [0050]).
As for claim 14, Ackermann as modified by Brown discloses that the bias mechanism is adjustable to alter the bias force applied to the check disk (Ackermann: paragraph [0057]).
As for claim 15, Ackermann as modified by Brown discloses that:
the flowmeter comprises a valve unit (Ackermann: 214); and
the check disk (Ackermann: 214) comprises a valve member (Ackermann: 214) of the valve unit; and
wherein the circuit comprises:
a pressure sensor (Ackermann: 242) configured to determine pressure data of the multiphase medium within the chamber;
a position sensor (Ackermann: 244) configured to determine parameter data associated with the valve, the parameter data indicative of one or more of a displacement, a position (Ackermann: paragraph [0066]), or an orientation of the valve within the chamber; and
a processor (Ackermann: 232; paragraph [0067]) coupled to the pressure sensor and the position sensor, the processor configured to determine a flow rate of the multiphase medium based on the pressure data and the parameter data (Ackermann: paragraph [0020]).
As for claim 16, Ackermann discloses:
an inlet (202) having a first cross-sectional diameter (see Fig. 2) and configured to couple to a first conduit having the first cross-sectional diameter to receive a flow of a medium;
an outlet (24) having the first cross-sectional diameter (see Fig. 2) and configured to couple to a second conduit having the first cross-sectional diameter to deliver the medium;
a chamber (defined by 201 and 246) extending between the inlet and the outlet, the chamber configured to provide a flow path between the inlet and the outlet, the chamber including a valve seat (216) having a second cross-sectional diameter (see Fig. 2) configured to divide the chamber into a first portion coupled to the inlet and a second portion coupled to the outlet, the first portion and the second portion having a third cross- sectional diameter (see Fig. 2);
a check disk (214) within the chamber, the check disk configured to move toward or away from the valve seat in response to the multiphase medium to dynamically vary an effective cross-sectional area of the chamber and a volumetric constriction ratio of the flow path (paragraph [0019]), wherein the effective constriction ratio corresponds to a ratio between an effective diameter of the flow path through the valve seat and past the check disk relative to the diameter of one of the inlet or outlet (Fig. 2); and
a circuit comprising:
a pressure sensor (242) configured to determine pressure data associated with the medium);
a position sensor (244) configured to determine parameter data associated with the check disk and indicative of the volumetric constriction ratio, the parameter data including data indicative of one or more of a position (paragraph [0066]), a displacement, or an orientation of the check disk; and
a processor (232; paragraph [0067]) configured to determine a flow rate of the medium based on the pressure data and the parameter data; and
wherein movement of the check disk varies the effective constriction ratio to provide a constriction in the flow path that produces a differential pressure over a wide range of fluid flow rates (paragraph [0019]).
Ackermann does not disclose that the medium is a multiphase medium.
However, Brown discloses a medium that is a multiphase medium (Abstract).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the flowmeter, including the inlet and outlet and circuit, of Ackermann to operate with a multiphase medium as disclosed by Brown in order to increase the versatility of the flow meter by allowing it to be used in any environment for flow measurements of a chaotic fluid mixture (Brown: paragraph [0043]).
As for claim 17, Ackermann as modified by Brown discloses that:
the flow meter comprises a valve unit including the inlet, the outlet, and the chamber (Ackermann: see Fig. 2); and
the check disk (Ackermann: 214) comprises a valve member (Ackermann: 214) of a valve unit (Ackermann: see Fig. 2), the valve member (Ackermann: 214) is configured to move toward or away from a valve seat (Ackermann: 216) within the chamber of the valve unit in response to flow of the multiphase medium (Ackermann: paragraph [0019]).
As for claim 18, Ackermann as modified by Brown discloses a bias mechanism (Ackermann: 225) including a spring (Ackermann: 225) configured to apply a bias force to the check disk to resist the flow (Ackermann: paragraph [0050]); and
wherein the bias mechanism is adjustable to alter the bias force applied to the check disk (Ackermann: paragraph [0057]).
As for claim 19, Ackermann as modified by Brown discloses that:
the second cross-sectional diameter is less than one or more of the first cross-sectional diameter or the third cross-sectional diameter (Ackermann: see Fig. 2); and
the check disk (Ackermann: 214) moves within the chamber to vary at least one of the second cross-sectional diameter and the third cross-sectional diameter to produce an effective cross-sectional diameter in response to the multiphase medium (Ackermann: paragraph [0019]).
As for claim 20, Ackermann as modified by Brown discloses that the third cross-sectional diameter is larger than one or more of the first cross-sectional diameter or the second cross- sectional diameter (Ackermann: see Fig. 2).
Response to Arguments
Applicant’s arguments with respect to claims 1, 9 and 16 have been considered but are moot in view of the new grounds of rejection.
Conclusion
THIS ACTION IS MADE FINAL. 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 JUSTIN N OLAMIT whose telephone number is (571)270-1969. The examiner can normally be reached M-F, 8 am - 5 pm (Pacific).
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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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/JUSTIN N OLAMIT/ Primary Examiner, Art Unit 2853
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