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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because of the following:
Figure 1: Lines, numbers and letters not uniformly thick and well defined, clean, durable, and black (poor line quality). See 37 C.F.R. 1.84(l).
Figure 1: Numbers, letters, and reference characters must be at least .32 cm (1/8 inch) in height. See 37 C.F.R. 1.84(p)(3).
Figure 1: The lead line representing numeral “6” appears to be pointing to flow rather than slots. Perhaps multiple leading lines should be used connecting to a number of slots
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 1, page line 16: A – comma – should be inserted prior to the term “such.
Page 1, page lines 20 and 25: A – semicolon – should replace each occurrence of the “period” as these three examples should use semicolons.
Page 1, page line 25: The conjunction – and – should be inserted after the newly added semicolon as this example is the penultimate example of the three examples listed.
Page 4, page lines 22 and 31 : A – comma – should be inserted prior to the term “for” and after the term “example.”
Page 5, page line 13: The conjunction – and – should be inserted after the semicolon as this principle is the penultimate principle in the list.
Page 7, page lines 7 and 9: The term “delta/Deta” should be replaced with the symbol – Δ --.
Page 8, page line 20: The conjunction – and – should be inserted after the semicolon as this clause is the penultimate clause in the list.
Page 9, page lines 9, 16, and 19: A – semicolon – should replace each occurrence of the “period” as these paragraphs should use semicolons.
Page 9, page line 19: The conjunction – and – should be inserted after the semicolon as this paragraph is the penultimate one in the list.
Page 10, page lines 15-22: A – semicolon – should be inserted at the end of each description.
Page 10, page line 22: The conjunction – and – should be inserted after the semicolon as this description is the penultimate description in the list.
Page 10, page line 23: A – period – should be inserted at the end of the last description in the list.
Page 11, page line 11: A – period – should be inserted after the formula description.
Page 11, page line 15: A – comma – should be inserted after the formula description.
Page 11, page line 19: A – colon – should be inserted after the term “equations.”
Page 11, page lines 20, 21, 23, 25, 29, and 33: A – semicolon – should be inserted after each variable description.
Page 11, page lines 27 and 33: The conjunction – and -- should be inserted after the variable descriptions as each is a penultimate description of each particular formula in the list.
Page 15, page line 10: The article – an – should replace the article “An.”
Page 16, page line 1: The article – a – should replace the article “A.”
Page 16, page line 5: The term -- pressure – should replace the term “Pressure.”
Page 16, page lines 7, 9, and 12: The article – a – should replace the article “A.”
Page 16, page line 8: A – semicolon – should be inserted after the term “orifices.”
Page 16, page line 11: The conjunction – and – should be inserted after the semicolon as this pressure difference is the penultimate one being listed.
Page 16, page line 17: A – semicolon – should replace the “period”; and the conjunction – and – should be inserted after the semicolon.
Page 16, page line 22: The conjunction – and – should be inserted after the semicolon.
Appropriate correction is required.
Claim Objections
Claim 2 is objected to because of the following informalities:
Re claim 2, claim line 1: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the flowmeter.
Re claim 2, claim line 1: The term – fluid – should replace the term “fluids.”
Re claim 2, claim line 2: The phrase “the two-phase fluid” lacks antecedent basis. The term “fluids” (plural) has been previously recited.
Re claim 2, claim line 6: The term -- configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the slots.
Re claim 1, claim line 11: The article “the” prior to the term “bottom” should be corrected to read – a --.
Re claim 1, claim line 21: The conjunction – and – should be inserted after the comma.
Re claim 1, claim line 26: A – comma – should replace the “period”; and the conjunction – and – should be inserted after the comma.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 recites at least one pressure sensor configured to measure pressure differences in three different locations of the flowmeter. The first location is between a bottom of a fluid reservoir and an interior space containing the reservoir. The second pressure differential location is located between two heights within the interior space containing the reservoir; and the third pressure differential location is upstream and downstream of a calibrated orifice located within an inlet pipe connected to an apparatus containing the interior space where the reservoir is held. The specification does not disclose a single sensor being capable of measuring the pressure differential is three distinct locations. The phrase “at least one” suggests multiple pressure sensors; but it also can mean a single pressure sensor; and the specification would appear to require a separate pressure sensor for each location the pressure differential is determined. Thus, it appears that the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 2 recites at least one pressure sensor configured to measure pressure differences in three different locations of the flowmeter. The first location is between a bottom of a fluid reservoir and an interior space containing the reservoir. The second pressure differential location is located between two heights within the interior space containing the reservoir; and the third pressure differential location is upstream and downstream of a calibrated orifice located within an inlet pipe connected to an apparatus containing the interior space where the reservoir is held. The claim appears to require all three pressure differentials to be determined/measured such that the specification fails to provide an enabling description for a single pressure sensor to measure the pressure differential in all three distinct and separate locations. The phrase “at least one” suggests multiple pressure sensors; but it also can mean a single pressure sensor; and the specification would appear to require a separate pressure sensor for each location the pressure differential is determined.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claim 2 because the prior art of record fails to teach and/or make obvious a flowmeter, comprising: an inlet pipe configured for the two-phase fluid of which the flow rate is to be measured in the flowmeter, the inlet pipe comprising a calibrated orifice, at least one pressure sensor configured to measure the following pressure differences: a first pressure difference between the bottom of the vertical reservoir and an atmosphere surrounding the vertical reservoir within the interior space within the apparatus, a second pressure difference existing between two points located in the space surrounding the vertical reservoir within the interior space, configured to deduce the height of liquid downstream of the vertical reservoir, thereby determining the state of the two-phase fluid to be gaseous, two-phase or subcooled, and determining a level of liquid flooding downstream of the vertical reservoir, and a third pressure difference between upstream and downstream of the calibrated orifice, and a data acquisition and processing system, configured to carry out the following evaluations: determination of the information on the state of the incoming two-phase fluid to be gaseous, two-phase or subcooled, from the second pressure difference, depending on this state information, the determination of a flow rate using either the third pressure differential when the fluid is 100% gaseous or 100% liquid (subcooled), or the first pressure differential configured to deduce the height of liquid in the vertical reservoir and subsequently the flow rate of two-phase fluid passing through the slots in combination with all of the remaining limitations of the claim.
The closest prior art, US 5679905, discloses a flowmeter for two-phase liquid/gas cryogenic fluids, comprising: a inlet duct for the fluid (12, 19), the flow rate of which must be measured, in the flow meter, which duct is equipped with a component provided with the multiple passages ("metal wool"); a vertical tank (14 "measuring device", 21 "collector vessel";), which tank is surrounded by an apparatus (28), into which tank said duct opens, the wall of the tank being equipped with a slit (17) for discharging the fluid forming an overflow system, from the tank to the space (28) inside the apparatus surrounding the tank(14,21): pressure sensors (34a, 34b) allowing the following pressure differences to be measured: a pressure difference (AP3) between upstream and downstream of a component provided with the multiple passages ("metal wool"); a system for acquiring and processing data (22,24) able to perform the following evaluations: determining said flow rate using the pressure differential P3 which allows the flow rate of the vapor phase to be deduced (col. 3, line 24-30) and the height of the liquid in the tank which height is obtained using a capacitive probe (15) and subsequently the flow rate of fluid passing through the slit (col. 3, lines 24-30; col. 3, lines 35-44). The closest prior art fails to teach the limitations indicated above in the reasons for indicating allowable subject matter.
Claim 2 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art disclose flowmeters for two-phase fluids.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S LARKIN/ Primary Examiner, Art Unit 2855