Void Fraction Sensor, Flowmeter Using the Same, and Cryogenic Liquid Transfer Pipe
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 Amendment
Receipt is acknowledged of Applicant’s reply filed 12/04/2025 which has amendments to the claims and Applicant's arguments related to the previous rejection. The above have been entered and considered.
Response to Arguments
Applicant argues Zhang does not anticipate amended claims 1, 12 and 13 and therefore the rejection of claims should be withdrawn. The examiner agrees and withdraws the rejection of claim 1-15 under 102 as being anticipated by Zhang.
Applicant argues that the amendments place the claims in a condition for allowance. Regarding this assertion, please see the Final Rejection section below.
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.
Claims 1-11 and 14-15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, it is unclear if the “at least one intermediate electrode disposed in the flow channel”… “wherein the flow channel is divided into at least two divided flow channels”, passes through both divided flow channels, acts as the divider of the flow channel into two divided flow channels, or something else. The dependent claims are likewise rejected.
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 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 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nivet (US 20140203824).
Regarding claim 12, Nivet discloses, in figures 1-6, a void fraction sensor (10) for measuring a void fraction (¶ 0005, “volume fraction of gas present in the liquid phase of the fluid”) of a cryogenic liquid (¶ 0092, Nivet’s sensor is incorporated in a cryogenic flow line), comprising: a pipe (60) having a flow channel (not enumerated, see fig. 1, examiner notes Nivet’s electrodes and spacers divide the sensor sleeve into multiple flow channels A-D) in which a cryogenic liquid flows (see previous comment); and at least one pair of electrodes (¶ 0084, Nivet’s electrode pairs define sections) configured to measure capacitance (¶ 0138, Nivet’s sensor measures capacitance), wherein the flow channel (see previous comment) comprises a plurality of divided flow channels (A-D), and the at least one pair of electrodes comprises an electrode (1) disposed outside the divided flow channels (A-D) and an electrode (2-5) disposed between the divided flow channels (A-D).
Regarding claim 13, Nivet discloses, in figures 1-5, a void fraction sensor (10) for measuring a void fraction (¶ 0005, “volume fraction of gas present in the liquid phase of the fluid”) of a cryogenic liquid (¶ 0092, Nivet’s sensor is incorporated in a cryogenic flow line), comprising: a pipe (60) having a flow channel (not enumerated, see fig. 1, examiner notes Nivet’s electrodes and spacers divide the sensor sleeve into multiple flow channels A-D) in which a cryogenic liquid flows (see previous comment); and at least one pair of electrodes (¶ 0084, Nivet’s electrode pairs define sections) configured to measure capacitance (¶ 0138, Nivet’s sensor measures capacitance), wherein the flow channel (see previous comment) comprises a plurality of divided flow channels (A-D), and respective surfaces of each of the at least one pair of electrodes (1-2, 2-3, 3-4, 4-5) are disposed facing (see fig. 1) any of the plurality of divided flow channels (A-D).
Allowable Subject Matter
Claims 1-11 and 14-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TIMOTHY P GRAVES whose telephone number is (469)295-9072. The examiner can normally be reached M-F 8 a.m. - 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY P GRAVES/Primary Examiner, Art Unit 2855