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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/02/26 has been entered.
Response to Arguments
Applicant's arguments filed 06/02/26 have been fully considered but they are not persuasive.
Applicant argues that Suzuki does not teach “selecting or determining the timing of the first sampled flow measurement value based on a measurement threshold of the flow sensor as claimed, nor does it teach selecting a temporal offset so that the filling error between the actually filled amount and the measured/integrated filling amount is minimized over the filling process.” It is unclear exactly which claims or limitations are being referred to here. For example, the term “offset” is not claimed, and the term “measurement threshold” has been deleted from the claims. However, Examiner’s prior arguments are still consider to apply and are repeated below:
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 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, 11-13, and 15 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), the method comprising:
controlling, via 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); and,
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), the method comprising:
controlling (e.g., Fig. 1 #7a) 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); and,
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 a lower measuring range limit 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 signal 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 signal 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 in time to a lower measuring range limit 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 signal is provided 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 signal is provided 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]).
15. The filling device according to claim 6, wherein the controller is a closed-loop controller (e.g., Fig. 1 #4a, 7a, 3a, the controller 7a, valve 3a, and flow meter 4a form a closed-loop).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki in view of Kuschnerus et al. US 2023/0249855 (“Kuschnerus”).
Suzuki does not disclose that the flow sensor is arranged downstream of the filling valve in a flow direction of the medium flow. Rather the flow sensor (e.g., Fig. 1 #4a) of Suzuki is arranged upstream of the filling valve (e.g., Fig. 1 #3a).
Kuschnerus discloses a flow sensor (e.g., Fig. 3 #2) that is arranged downstream of a filling valve (e.g., Fig. 3 #5) in a flow direction of a medium flow (e.g., [0059]-[0062]).
Suzuki and Kuschnerus are analogous art since both pertain to precision control of automated bottle filling.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Suzuki with Kuschnerus since placing flow sensor upstream or downstream of the filling valve is an obvious matter of design choice. The bottle filling method of Suzuki would perform equally well with either arrangement. For example, Kuschnerus teaches that a method that arranges the flow sensor downstream of the filling valve can serve to fill a target volume and reduce overfilling (e.g., [0016]).
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 signal is provided 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 signal is provided 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
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.
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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.
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/RYAN A JARRETT/Primary Examiner, Art Unit 2116
06/12/26
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