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The rejections of claims 15 and 27 under 35 U.S.C. § 112(b) are withdrawn in view of the amendment filed 20 February 2026.
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.
Claim(s) 1-12, 14, 16-19, 21-23, 25, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsubota et al. (US 2021/0223074 A1).
Regarding claim 1, Tsubota et al. discloses a device (fig. 5) for measuring at least one flow parameter of a fluid in a duct (810), comprising: an obstacle-forming part (130a), configured to be placed in contact with the flow, having a form chosen so as to generate turbulences in the flow (¶ [0097]), a vibration sensor (200a) sensitive to the vibrations induced on the obstacle-forming part (130a) by the turbulences (¶¶ [0046, 0050]), a processing unit (700; fig. 4) configured to calculate the flow parameter of the fluid from at least a vibratory signal delivered by the vibration sensor (200a), by performing a frequency analysis of this vibratory signal (controller 700 calculates a flow of fluid from the vibratory signal of sensor 200a by performing a Fourier transform, which is a frequency analysis, of the vibratory signal; ¶¶ [0043, 0046, 0060]), wherein the vibration sensor (200a) is an accelerometer (sensor 200a may be an acceleration sensor attached to flexible portion 110; ¶ [0104]).
Regarding claim 2, Tsubota et al. discloses wherein the processing unit (700) is configured to calculate, in the frequency analysis, a frequency spectrum over a frequency range at least 500 Hz wide (controller 700 calculates a frequency spectrum over at least 500 Hz; fig. 6).
Regarding claim 3, Tsubota et al. discloses wherein the processing unit (700) is configured to calculate a quantity representative of the flow rate of the fluid, by integration over a range of frequencies of a quantity representative of the amplitude of the vibrations (controller 700 calculates a flow of fluid from the vibratory signal from sensor 200a, including amplitude of the vibratory signal, by integration over a range of frequencies; fig. 6 and ¶ [0060]), this integration being performed preferably over a frequency range ranging from a frequency F_min lying between 50 and 150 Hz (a minimum of a frequency range lies between 50 and 150 Hz; fig. 6).
Regarding claim 4, 6, and 8-10, Tsubota et al. discloses further comprising a support (122; fig. 5) coupled at one of its ends to the obstacle-forming part (support body 122 is coupled at a lower end to obstacles 130a and 130b; fig. 5), and a fixing element (400) making it possible to fix the support (122) to the duct (adapter 400 fixes support body 122 to pipe body 810), comprising an element (500) ensuring a vibration-damping function (seal 500 absorb vibrations of adapter 400; ¶ [0093]); wherein the support (122) has a tubular form (support body 122 is tubular; fig. 5); wherein the interior of the support (122) receives at least one cable linked to the vibration sensor (200a), the cable making it possible to electrically power the vibration sensor (200a) and/or transmit the vibratory signal delivered by the vibration sensor (200a) to the processing unit (an interior of support body 122 receives lead wires connected to sensor 200a to transmit the vibratory signal; ¶ [0052]); wherein the fixing element (400) is a cable gland that makes it possible to fix the support to the duct (adapter 400 allows connection of sensor 200a, which includes lead wires, to pipe body 810 and is therefore a cable gland; ¶ [0052]); wherein the fixing element (400) comprises an antivibratory baseplate (at least fixing portion 420 connected to seal 500 is a baseplate that absorbs vibrations; fig. 5 and ¶ [0093]).
Regarding claims 5 and 7, Tsubota et al. discloses wherein the vibration sensor (200a) is arranged inside the obstacle-forming part (flexible portion 110 of sensor 200a is arranged inside obstacles 130a and 130b; fig. 8 and ¶ [0081]); wherein the interior of the support (122) is connected with the internal housing of the obstacle-forming part (an interior of support body 122 is connected with the internal housing of obstacles 130a and 130b; fig. 5).
Regarding claim 11, Tsubota et al. discloses further comprising at least one external vibration sensor (200b) sensitive to the vibrations of the duct (sensor 200b is external to support body 122 and is sensitive to vibrations of pipe body 810 to some degree; ¶ [0054]), the processing unit (700) configured to calculate the flow parameter of the fluid from at least the vibratory signal delivered by the vibration sensor (200a) and from an external vibratory signal delivered by the external vibration sensor (controller 700 calculates a flow of fluid from vibratory signals from sensors 200a and 200b; ¶¶ [0060-0061]).
Regarding claim 12, Tsubota et al. discloses wherein the flow parameter of the fluid is its speed or its flow rate (sensor 200a detects changes in pressure of internal space 101 as the flow of fluid; ¶ [0013]).
Regarding claim 14, Tsubota et al. discloses wherein the obstacle-forming part (130a, 130b) has a general form of a sphere, a half-sphere, a disk, a cylinder, a half-cylinder or a beam (obstacles 130a and 130b form at least a cylinder or beam; fig. 5).
Regarding claim 16, Tsubota et al. discloses wherein the obstacle-forming part (130a, 130b) is produced in a metallic material (obstacle 130a may be metal; ¶ [0045]).
Regarding claims 17-19, and 21, Tsubota et al. discloses an installation (fig. 5) for measuring at least one flow parameter of a fluid, comprising: a fluid flow duct (810), at least one measurement device (S), for measuring the flow parameter of the fluid in the duct (controller 700 calculates a flow of fluid from the vibratory signal of sensor 200a; ¶¶ [0043, 0046]); further comprising a plurality of measurement devices in a restricted portion of the duct or distributed along the duct (a plurality of sensors may be provided in pipe body 810; ¶ [0105]); wherein the plurality of measurement devices share a single processing unit (a single controller is disclosed with a plurality of sensors; ¶ [0105]); wherein the length of the obstacle-forming part (130a, 130b) is less than or equal to half the internal diameter of the duct (a length of obstacles 130a and 130b that extend into pipe body 810 is less than or equal to half an internal diameter of pipe body 810; fig. 5).
Regarding claims 22, 23, 25, and 26, Tsubota et al. discloses a method for measuring at least one flow parameter of a fluid in a duct (810), using a measurement device (S), comprising the steps of: a) detecting, using the vibration sensor (200a), the vibrations induced on the obstacle-forming part (130a, 130b) by the turbulences (¶¶ [0046, 0050]), b) calculating, using the processing unit (700), the flow parameter of the fluid from at least the vibratory signal delivered by the vibration sensor (controller 700 calculates a flow of fluid from the vibratory signal of sensor 200a; ¶¶ [0043, 0046, 0060]); wherein the fluid is a liquid or a gas (fluid may be liquid or gas; ¶ [0043]); further comprising a step consisting in detecting the vibrations induced on the fluid flow duct (810) using at least one external vibration sensor (200b) sensitive to the vibrations of the duct (sensor 200b is external to support body 122 and is sensitive to vibrations of pipe body 810 to some degree; ¶ [0054]), and in calculating, using the processing unit (700), the flow parameter of the fluid from at least the vibratory signal delivered by the vibration sensor (200a) and from an external vibratory signal delivered by the external vibration sensor (controller 700 calculates a flow of fluid from vibratory signals from sensors 200a and 200b; ¶¶ [0060-0061]); further comprising applying a measurement of the flow rate, comprising the following steps: a) calculation of a frequency spectrum of the vibratory signal delivered by the vibration sensor (200a) detecting the vibrations induced on the obstacle-forming part (a frequency spectrum of the vibratory signal from sensor 200a is calculated; ¶ [0060]), b) calculation of a quantity (P*max) representative of the speed of the flow, called scalar indicator, by integration over a frequency spectrum from a low frequency F_min to a high frequency F_max of the amplitude of the vibratory signal or of a function X(f) representative thereof (controller 700 calculates a quantity which is representative of the flow of fluid by integration of the amplitude of the vibratory signal from sensor 200a over a frequency spectrum; ¶ [0060]), c) determination of the flow rate or of the speed of flow with a transfer function giving, from the scalar indicator or from the image thereof by a function, the value of the flow rate or the speed of the flow (controller 700 determines a flow of fluid using some transfer function of change in pressure of internal space 101 caused by vortexes moving flexible portion 110; ¶ [0044]), the parameter or parameters of this transfer function having been determined by prior calibration (a parameter of the transfer function must be determined by some prior calibration).
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(s) 15, 20, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota et al. (US 2021/0223074 A1).
Regarding claim 15, Tsubota et al. is silent on the contact area of the obstacle-forming part.
However, using a flow measurement device in a variety of ducts of different sizes is well-known in the art of measuring and testing devices and one of ordinary skill would have known that the size of the obstacle-forming part would be commensurate with the size of the duct.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Tsubota et al. to optimize the size of an obstacle-forming part such as that having a surface area of less than 500 cm2 as this is a simple substitution of a one size element for another to obtain predictable results.
Regarding claims 20 and 24, Tsubota et al. is silent on the duct being a ventilation duct.
However, using a flow measurement device in a variety of ducts, including a ventilation duct, is a well-known in the art of measuring and testing devices.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Tsubota et al. to use the flow measurement device in a ventilation duct to allow for measurement of flow in a ventilation system.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota et al. (US 2021/0223074 A1) in view of Mattar (US 6,895,813 B2).
Regarding claim 27, Tsubota et al. is silent on the Reynolds number of the flow.
However, providing measurement of fluid with a lower Reynolds number is well-known in the art of flow measurement devices. Mattar teaches a measurement device with a Reynolds number of a flow for which the flow rate is less than 4000 (c. 1, ll. 46-49).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Tsubota et al. to be used with a flow having a low Reynolds number as taught in Mattar to allow measurement of flow rate in low-flow or zero-flow conditions (Mattar, c. 1, l. 64 – c. 2, l. 2).
Claim(s) 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota et al. (US 2021/0223074 A1) in view of Hollmach et al. (US 2022/0057240 A1).
Regarding claims 28 and 29, Tsubota et al. is silent on a manufacturing method.
Hollmach et al. teaches a measurement device wherein an obstacle-forming part (112; fig. 4) is manufactured by an additive manufacturing technique (¶ [0053]); further comprising a step of manufacturing a support (111) by an additive manufacturing technique (¶ [0053]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Tsubota et al. with the additive manufacturing of Hollmach et al. to reduce manufacturing waste and production time.
Response to Arguments
Applicant’s arguments with respect to independent claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It is noted that the Office action sent 22 October 2025 incorrectly cited Tsubota et al. (US 2021/0223129 A1) in the heading, but referred to Tsubota et al. (US 2021/0223074 A1) in the body of the rejection and in the Notice of References cited by the Examiner. This has been corrected in the rejection above.
With regard to claim 1, Tsubota et al. (US 2021/0223074 A1) discloses vibration sensor (200a) is an accelerometer (sensor 200a may be an acceleration sensor attached to flexible portion 110; ¶ [0104]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erika J. Villaluna whose telephone number is (571)272-8348. The examiner can normally be reached Mon-Fri 9:00 am - 5:30 pm.
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/ERIKA J. VILLALUNA/Primary Examiner, Art Unit 2852
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