DETAILED ACTION
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 01/14/26 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues that Suzuki does not teach that “the flow measurement value is captured as close as possible in time to the initial opening of the filling valve.” However, as acknowledged by Applicant, the timing signal 62s of Suzuki “starts building up a magnetic field that is necessary with electromagnetic flowmeters before a measured value can be sampled.” This timing signal 62 is started simultaneously with the input of the open signal 17a. The measured value can’t be sampled until the magnetic field is sufficiently built up so in that sense the measurement value is captured “as close as possible in time” to the open signal 17a. The term “as close as possible” is somewhat relative, and in the context of the Suzuki system, the measurement is sampled as close as possible to the opening of the valve. It can’t happen any sooner since the magnetic field has to build up first.
Regarding claim 3, Applicant argues that Suzuki does not teach that “the flow measurement value is captured as close as possible to a measurement threshold of the flow sensor.” However, Applicant acknowledges that Suzuki does not sample the flow value until the electromagnetic flowmeter is ready to measure (i.e., when the necessary magnetic field has sufficiently built up). Examiner is interpreting this to mean that the measurement value Suzuki is captured as close as possible to the measurement threshold of the flow sensor. As soon as the magnetic field has sufficiently built up, the flowmeter samples the value. The sampling can’t occur any sooner, i.e., that is the lowest possible threshold for sampling.
Regarding claim 5, Applicant argues that Suzuki does not suggest considering whether a “filling error is minimized” when performing the measurement sampling. However, as noted by Applicant, Suzuki-EOP at paragraph [0012] discloses:
As described above, the conventional filling machine shown in Figure 10 had the problem that the measurement results of the total flow rate at the start of the flow rate in each filling cycle varied, so the injection time was not constant and it was not possible to fill a constant amount of fluid into container 201a each time.
And as acknowledged by Applicant, “Suzuki then presents the solution that the filling process and the sampling process have to be synchronized.” By solving the above problem, Suzuki is able to “fill a constant amount of fluid into container 201a each time”, and thus the filling error is considered to be minimized.
Regarding claim 6, this claim recites the same features as noted above with respect to claims 1 and 3 and thus the same arguments apply.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a controller for actuating the filling valve” in claim 6
“a synchronization means triggers the start of the filling process in a synchronized manner between the filling valve and the flow sensor” in claim 6
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 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, 3, 5-6, 9, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. JP-2001348002-A (“Suzuki”).
Suzuki discloses:
1. A method for operating a filling device having a filling valve for controlling a medium flow (e.g., Fig. 1 #3a), having a discrete-time sampling flow sensor for measurement-based capture of the medium flow discharged by the filling valve (e.g., Fig. 1 #4a), and having a controller for actuating the filling valve (e.g., Fig. 1 #7a), wherein the controller controls the filling valve to perform a filling operation with a defined desired filling amount (e.g., Fig. 1 #17a), taking into account the measured actual filling amount (e.g., Fig. 1 #14a), which is determined with the aid of flow measurement values captured by the flow sensor (e.g., Fig. 1 #4a), the method comprising:
synchronizing the start of the filling process between the filling valve and the flow sensor, so that a first sampled flow measurement value of the flow sensor is in a defined temporal relationship to an initial opening of the filling valve during the filling process (e.g., [0022]: “the timing signal generating unit 62 starts the output of the timing signal 62s by the input of the open signal 17a from the control unit 7a”, [0028], [0036]: “in this filling machine, the start of sampling of the flow amount is synchronized with the opening signal 17a for opening the valve 3a”);
wherein the first sampled flow measurement value of the flow sensor is performed temporally to the initial opening of the filling valve in such a way that the flow measurement value is captured as close as possible in time to the initial opening of the filling valve (e.g., [0038]: “the output of the timing signal 62s may be started/stopped simultaneously with the input of the open signal 17a”).
3. A method for operating a filling device having a filling valve for controlling a medium flow (e.g., Fig. 1 #3a), having a discrete-time sampling flow sensor for measurement-based capture of the medium flow discharged by the filling valve (e.g., Fig. 1 #4a), and having a controller for actuating the filling valve (e.g., Fig. 1 #7a), wherein the controller controls the filling valve to perform a filling operation with a defined desired filling amount (e.g., Fig. 1 #17a), taking into account the measured actual filling amount (e.g., Fig. 1 #14a), which is determined with the aid of flow measurement values captured by the flow sensor (e.g., Fig. 1 #4a), the method comprising:
synchronizing the start of the filling process between the filling valve and the flow sensor, so that a first sampled flow measurement value of the flow sensor is in a defined temporal relationship to an initial opening of the filling valve during the filling process (e.g., [0022]: “the timing signal generating unit 62 starts the output of the timing signal 62s by the input of the open signal 17a from the control unit 7a”, [0028], [0036]: “in this filling machine, the start of sampling of the flow amount is synchronized with the opening signal 17a for opening the valve 3a”);
wherein the first sampled flow measurement value of the flow sensor is performed temporally to the initial opening of the filling valve in such a way that the flow measurement value is captured as close as possible to a measurement threshold of the flow sensor (e.g., [0038]: “the output of the timing signal 62s may be started/stopped simultaneously with the input of the open signal 17a”).
5. A method for operating a filling device having a filling valve for controlling a medium flow (e.g., Fig. 1 #3a), having a discrete-time sampling flow sensor for measurement-based capture of the medium flow discharged by the filling valve (e.g., Fig. 1 #4a), and having a controller for actuating the filling valve (e.g., Fig. 1 #7a), wherein the controller controls the filling valve to perform a filling operation with a defined desired filling amount (e.g., Fig. 1 #17a), taking into account the measured actual filling amount (e.g., Fig. 1 #14a), which is determined with the aid of flow measurement values captured by the flow sensor (e.g., Fig. 1 #4a), the method comprising:
synchronizing the start of the filling process between the filling valve and the flow sensor, so that a first sampled flow measurement value of the flow sensor is in a defined temporal relationship to an initial opening of the filling valve during the filling process (e.g., [0022]: “the timing signal generating unit 62 starts the output of the timing signal 62s by the input of the open signal 17a from the control unit 7a”, [0028], [0036]: “in this filling machine, the start of sampling of the flow amount is synchronized with the opening signal 17a for opening the valve 3a”);
wherein the first sampled flow measurement value of the flow sensor is related in time to the initial opening of the filling valve in the filling process such that the filling error is minimized (e.g., [0037]: “the vessel 1a can be filled with a constant amount of fluid every time”).
6. A filling device (e.g., Fig. 1), comprising:
a filling valve for controlling a medium flow (e.g., Fig. 1 #3a);
a discrete-time sampling flow sensor for measurement-based capture of the medium flow discharged by the filling valve (e.g., Fig. 1 #4a); and
a controller for actuating the filling valve (e.g., Fig. 1 #7a);
wherein the control unit controller the filling valve to perform a filling operation with a defined desired filling amount (e.g., Fig. 1 #17a), taking into account the measured actual filling amount (e.g., Fig. 1 #14a), which is determined with the aid of the flow measurement values captured by the flow sensor (e.g., Fig. 1 #4a); and
wherein a synchronization means triggers the start of the filling process in a synchronized manner between the filling valve and the flow sensor, so that the first sampled flow measurement value of the flow sensor is in a defined temporal relationship to the initial opening of the filling valve during the filling process (e.g., [0022]: “the timing signal generating unit 62 starts the output of the timing signal 62s by the input of the open signal 17a from the control unit 7a”, [0028], [0036]: “in this filling machine, the start of sampling of the flow amount is synchronized with the opening signal 17a for opening the valve 3a”);
wherein the synchronizing means is designed in such a way that at least one of
the first sampled flow measurement value of the flow sensor is performed temporally to the initial opening of the filling valve in such a way that the flow measurement value is captured as close as possible in time to the initial opening of the filling valve (e.g., [0038]: “the output of the timing signal 62s may be started/stopped simultaneously with the input of the open signal 17a”);
the first sampled flow measurement value of the flow sensor is performed temporally to the initial opening of the filling valve in such a way that the flow measurement value is captured as close as possible to a measurement threshold of the flow sensor (e.g., [0038]: “the output of the timing signal 62s may be started/stopped simultaneously with the input of the open signal 17a”); and
the first sampled flow measurement value is determined with a defined time delay relative to the initial opening of the filling valve taking into account a system-related dead time between a change in the actuation of the filling valve and a change in the medium flow at the location of the flow measurement by the flow sensor (e.g., [0038]: “or the output of the timing signal 62s may be started/stopped after the lapse of a predetermined time from the input of the open signal 17a”).
9. The filling device according to claim 6, wherein the synchronization means is implemented by a time-deterministic bus system between the controller, the filling valve and the flow sensor; and wherein the controller transmits commands to the filling valve and the flow sensor for triggering the initial opening of the filling valve and for triggering the capture of the first sampled flow measurement value, and the commands transmitted determined by time are performed immediately by the filling valve and the flow sensor after receipt by the filling valve and the flow sensor (e.g., Figs. 1-2 #17a: the open signal 17a is sent to both the valve 3a and the flow meter 4a, [0028]).
11. The filling device according to claim 6 wherein the synchronization means is implemented by a state variable sensor, which captures a state variable of the filling device, and by a communication link, via which the state variable sensor at least indirectly communicates the captured state variable to the filling valve and/or the flow sensor; and
wherein the filling valve and/or the flow sensor evaluates the transmitted state variable and, depending on the evaluation, locally triggers the initial opening of the filling valve and/or the capture of the first sampled flow measurement value of the flow sensor (e.g., [0028]: “When the vessel 1a is disposed at the injection position by the conveyor 8, an open signal 17 as shown in Fig. 3(A) is outputted from the control unit 7a to the valve 3a attached to the injection pipe 2a”).
12. The filling device according to claim 11, wherein the state variable sensor is a position sensor which captures the position of the container to be filled or the conveying position of a conveyor belt or the angle of rotation of a transport carousel as state variable of the filling device (e.g., [0028]: “When the vessel 1a is disposed at the injection position by the conveyor 8, an open signal 17 as shown in Fig. 3(A) is outputted from the control unit 7a to the valve 3a attached to the injection pipe 2a”).
13. The filling device according to claim 6, wherein the controller, the flow sensor and filling valve are integrated in a housing and/or the controller, electronic components of the flow sensor and electronic components of the filling valve are implemented on a printed circuit board (e.g., [0004]).
Allowable Subject Matter
Claims 8 and 10 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:
The prior art of record fails to teach or fairly suggest “the filling device according to claim 6, wherein the synchronization means is implemented by synchronous local clocks in the filling valve and the flow sensor; wherein the controller sends commands for triggering the initial opening of the filling valve and for triggering the capture of the first sampled flow measurement value; wherein the commands each contain execution times for performing the command; and wherein the filling valve and the flow sensor perform the commands when the execution times coincide with the respective time of the synchronous local clock”, as recited in claim 8, in combination with the remaining features and elements of the claimed invention.
The prior art of record also fails to teach or fairly suggest “the filling device according to claim 6 where the synchronization means is implemented by at least a first communication link between the controller and the filling valve or the controller and the flow sensor and by a second communication link between the filling valve and the flow sensor; wherein a command for triggering the filling process is transmitted to the filling valve or the flow sensor by the controller via the first communication link; and wherein the filling valve receiving the triggering command or the flow sensor receiving the trigger command synchronizes the initial opening of the filling valve and the determination of the first sampled flow measurement value via the second communication link”, as recited in claim 10, in combination with the remaining features and elements of the claimed invention.
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 RYAN A JARRETT whose telephone number is (571)272-3742. The examiner can normally be reached M-F 9:00-5:30.
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, Kenneth Lo can be reached at 571-272-9774. 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.
/RYAN A JARRETT/Primary Examiner, Art Unit 2116
01/29/26