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 .
Response to Arguments
Applicant's arguments filed 5/29/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument that Sinha use swept frequency signal only for fluid composition monitoring, while phase measurements are made with a single fixed frequency signal.
Examiner respectfully disagrees. Sinha teaches “Since the frequency shift of the peaks due to flow increases with frequency, for low flow rates it is convenient to use a higher frequency range (≥ 5 MHz) where a small flow rate produces a measurable shift in peak frequency or phase shift of any selected resonance peak” in column 11, lines 36-53. Therefore, a frequency range is used for the phase measurement, not a single frequency signal.
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 1-2 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sinha (U.S. Patent No. 6644119) in view of Kapartis (U.S. Publication No. 20190056281).
Regarding claim 1, Sinha teaches a method of identifying a speed of fluid flow through an acoustic resonance fluid flow sensor, the method comprising: emitting an acoustic stimulus signal comprising a plurality of frequencies into an acoustic resonance cavity of the acoustic resonance fluid flow sensor; sensing an acoustic response signal within the acoustic resonance cavity (Abstract and column 2, lines 14-31), the sensed acoustic response signal comprising a frequency spectrum based on the acoustic stimulus signal comprising the plurality of frequencies (Column 11, lines 36-53, “Since the frequency shift of the peaks due to flow increases with frequency, for low flow rates it is convenient to use a higher frequency range (≥ 5 MHz) where a small flow rate produces a measurable shift in peak frequency or phase shift of any selected resonance peak”); identifying a frequency of a peak in a frequency spectrum of the sensed acoustic response signal (Column 2, lines 14-31, “determining the frequency of one chosen resonance peak”, also claim 1, “measuring the frequency of the maximum of the flowing fluid”); deriving a phase or group delay of the sensed acoustic response signal at the identified frequency of the peak; and determining a speed of fluid flow through the acoustic resonance fluid flow sensor based on the derived phase or group delay (Column 5, lines 60-67, “For phase measurements, phase detector 32 circuit is employed having as its output the phase difference between the signal to transmitter transducer 10a and the amplified signal of receiver transducer 10b. Typically, phase measurements are made at a fixed frequency that corresponds to a resonance peak when there is no liquid flow through the pipe. When the liquid is allowed to flow, the phase detector output is related to the magnitude of the flow”, also column 11, lines 36-53).
Sinha is silent about emitting an acoustic stimulus signal simultaneously comprising a plurality of frequencies and the sensed acoustic response signal simultaneously comprising a frequency spectrum.
Kapartis teaches emitting an acoustic stimulus signal simultaneously comprising a plurality of frequencies and the sensed acoustic response signal simultaneously comprising a frequency spectrum (Paragraph 25).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to apply Sinha’s frequencies simultaneously because it would reduce inspection time.
Regarding claim 2, Sinha teaches wherein the plurality of frequencies are a band of frequencies (Abstract and column 2, lines 14-31).
Regarding claim 12, Sinha teaches an acoustic resonance fluid flow sensor comprising: an acoustic resonance cavity (Fig.1a, 12); a first transducer (Fig.1a, 10a) configured to emit an acoustic stimulus signal comprising a plurality of frequencies into the acoustic resonance cavity (Abstract and column 2, lines 14-31); a second transducer (Fig.1a, 10b) configured to sense an acoustic response signal within the acoustic resonance cavity (Abstract and column 2, lines 14-31), the sensed acoustic response signal comprising a frequency spectrum based on the acoustic stimulus signal comprising the plurality of frequencies (Column 11, lines 36-53, “Since the frequency shift of the peaks due to flow increases with frequency, for low flow rates it is convenient to use a higher frequency range (≥ 5 MHz) where a small flow rate produces a measurable shift in peak frequency or phase shift of any selected resonance peak”); and a signal processing means (Fig.1a, 16) configured to: identify a frequency of a peak in a frequency spectrum of the sensed acoustic response signal, derive a phase or group delay of the sensed acoustic response signal at the identified frequency of the peak; and determine a speed of fluid flow through the acoustic resonance fluid flow sensor based on the derived phase or group delay (Abstract and column 2, lines 14-31).
Sinha is silent about emit an acoustic stimulus signal simultaneously comprising a plurality of frequencies and the sensed acoustic response signal simultaneously comprising a frequency spectrum.
Kapartis teaches emit an acoustic stimulus signal simultaneously comprising a plurality of frequencies and the sensed acoustic response signal simultaneously comprising a frequency spectrum (Paragraph 25).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to apply Sinha’s frequencies simultaneously because it would reduce inspection time.
Regarding claim 13, Sinha teaches one or more storage media comprising computer instructions executable by one or more hardware processors for causing the one or more hardware processors to perform the steps of: emitting an acoustic stimulus signal comprising a plurality of frequencies into an acoustic resonance cavity of the acoustic resonance fluid flow sensor; sensing an acoustic response signal within the acoustic resonance cavity (Abstract and column 2, lines 14-31), the sensed acoustic response signal comprising a frequency spectrum based on the acoustic stimulus signal comprising the plurality of frequencies (Column 11, lines 36-53, “Since the frequency shift of the peaks due to flow increases with frequency, for low flow rates it is convenient to use a higher frequency range (≥ 5 MHz) where a small flow rate produces a measurable shift in peak frequency or phase shift of any selected resonance peak”); identifying a frequency of a peak in a frequency spectrum of the sensed acoustic response signal (Column 2, lines 14-31, “determining the frequency of one chosen resonance peak”, also claim 1, “measuring the frequency of the maximum of the flowing fluid”); deriving a phase or group delay of the sensed acoustic response signal at the identified frequency of the peak; and determining a speed of fluid flow through the acoustic resonance fluid flow sensor based on the derived phase or group delay (Column 5, lines 60-67, “For phase measurements, phase detector 32 circuit is employed having as its output the phase difference between the signal to transmitter transducer 10a and the amplified signal of receiver transducer 10b. Typically, phase measurements are made at a fixed frequency that corresponds to a resonance peak when there is no liquid flow through the pipe. When the liquid is allowed to flow, the phase detector output is related to the magnitude of the flow”, also column 11, lines 36-53).
Sinha is silent about emitting an acoustic stimulus signal simultaneously comprising a plurality of frequencies and the sensed acoustic response signal simultaneously comprising a frequency spectrum.
Kapartis teaches emitting an acoustic stimulus signal simultaneously comprising a plurality of frequencies and the sensed acoustic response signal simultaneously comprising a frequency spectrum (Paragraph 25).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to apply Sinha’s frequencies simultaneously because it would reduce inspection time.
Claims 3-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sinha (U.S. Patent No. 6644119).
Regarding claim 3, Sinha teaches all the features of claim 2 as outlined above, Sinha is silent about wherein the band of frequencies is a continuous band of frequencies of substantially constant amplitudes, and wherein the acoustic stimulus signal comprises substantially no frequencies outside the band.
However, use continuous band of frequencies of constant amplitudes to generate electrical excitation signal for acoustic transducer is well known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use a continuous band of frequencies of substantially constant amplitudes, and wherein the acoustic signal comprises substantially no frequencies outside the band, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 4, Sinha teaches all the features of claim 2 as outlined above, Sinha further teaches wherein emitting the acoustic stimulus signal comprises generating an electrical excitation signal and converting the electrical excitation signal into the acoustic stimulus signal using an electro-acoustic transducer (Abstract and column 2, lines 14-31).
Sinha is silent about wherein generating the electrical excitation signal comprises using a frequency mixer to mix a signal that comprises a band of frequencies having a selected bandwidth and a carrier signal that comprises a single selected frequency.
However, generating electrical excitation signal by using a frequency mixer to mix a signal that comprises a band of frequencies having a selected bandwidth and a carrier signal that comprises a single selected frequency is well known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to generate the electrical excitation signal by using a frequency mixer to mix a signal that comprises a band of frequencies having a selected bandwidth and a carrier signal that comprises a single selected frequency, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 5, Sinha teaches all the features of claim 4 as outlined above, Sinha is silent about wherein the acoustic stimulus signal comprising the band of frequencies comprises a rectangular frequency spectrum.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use a rectangular frequency spectrum for the band of frequencies, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 6, Sinha teaches all the features of claim 5 as outlined above, Sinha is silent about wherein the acoustic stimulus signal comprising the band of frequencies is defined in the time domain by a sinc function multiplied by a window function.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to make the signal comprising the band of frequencies defined in the time domain by a sinc function multiplied by a window function, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 7, Sinha teaches all the features of claim 4 as outlined above, Sinha is silent about generating the acoustic stimulus signal comprising the band of frequencies by reading out amplitude values from a memory.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to read out amplitude values from a memory, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 8, Sinha teaches all the features of claim 1 as outlined above, Sinha is silent about determining whether a parameter of a signal quality of the sensed acoustic response signal exceeds a predetermined threshold.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to determine whether a parameter of a signal quality of the sensed acoustic response signal exceeds a predetermined threshold, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 9, Sinha teaches all the features of claim 8 as outlined above, Sinha is silent about if the parameter of the signal quality does not exceed the predetermined threshold, repeating the steps of the method, with the acoustic stimulus signal comprising a different plurality of frequencies.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to repeat the steps of the method, with the acoustic stimulus signal comprising a different plurality of frequencies, if the parameter of the signal quality does not exceed the predetermined threshold, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 10, Sinha teaches all the features of claim 8 as outlined above, Sinha is silent about if the parameter of a signal quality does not exceed the predetermined threshold, repeating the steps of the method and, prior to said identifying for said deriving, averaging a plurality of acoustic response signals to form an averaged acoustic response signal and identifying said identified frequency of the peak or deriving said phases or group delays based on the averaged acoustic response signal.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to repeat the steps of the method and, prior to said identifying for said deriving, averaging a plurality of acoustic response signals to form an averaged acoustic response signal and identifying said frequency or deriving said phases or group delays based on the averaged acoustic response signal if the parameter of a signal quality does not exceed the predetermined threshold, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 11, Sinha teaches all the features of claim 8 as outlined above, Sinha is silent about wherein the acoustic stimulus signal comprising the plurality of frequencies is a first acoustic stimulus signal emitted by a first transducer, and the acoustic response signal is a first acoustic response signal that is sensed using a second transducer, and further comprising: emitting a second acoustic stimulus signal comprising the plurality of frequencies into the acoustic resonance cavity using the second transducer; sensing a second acoustic response signal using the first transducer; deriving a phase or group delay of the sensed second acoustic response signal at the identified frequency of the peak, determining a difference between the phase or group delays derived based on the second acoustic response signal and a phase or group delays derived based on the first acoustic response signal, and determining a speed of fluid flow within the acoustic resonance cavity along an axis between the first and second transducers using the determined difference.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to make the acoustic stimulus signal comprising the plurality of frequencies is a first acoustic stimulus signal emitted by a first transducer, and the acoustic response signal is a first acoustic response signal that is sensed using a second transducer, and further comprising: emitting a second acoustic stimulus signal comprising the plurality of frequencies into the acoustic resonance cavity using the second transducer; sensing a second acoustic response signal using the first transducer; deriving a phase or group delay of the sensed second acoustic response signal at the identified frequency of the peak, determining a difference between the phase or group delays derived based on the second acoustic response signal and a phase or group delays derived based on the first acoustic response signal, and determining a speed of fluid flow within the acoustic resonance cavity along an axis between the first and second transducers using the determined difference, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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 XIN Y ZHONG whose telephone number is (571)272-3798. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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/XIN Y ZHONG/Primary Examiner, Art Unit 2855
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