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 .
Double Patenting
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,927,467 to Verma (hereafter Verma). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims and the reference claims disclose the substantially the same structural features.
On the other hand, the differences between the claim sets include:
the reference claim 1 recites “at least one absorber sleeve directly engaged with each of the first coupler, the flow tube, and the second coupler”; while the instant claim 1 recites “at least one absorber sleeve directly engaged with at least one of the first coupler or the second coupler”;
the reference claim 10 recites “at least one absorber sleeve, wherein the at least one absorber sleeve secures the flow tube to the first coupler and the second coupler, and wherein there is no fixed, direct connection between the first coupler and the second coupler and the flow tube”; while the instant claim 12 recites “at least one sleeve including an absorbing material, wherein the at least one sleeve secures the flow tube to the first coupler and the second coupler such that the first coupler and the second couplers are unconstrained relative to the flow tube”
The conflicting reference claims are in bold below, and the corresponding instant claims are underlined:
Reference claim 1. A flow sensor sub-assembly for sensing flow of a fluidic medicament comprising: a flow tube having an inlet and an outlet; a first coupler secured to the inlet of the flow tube; a second coupler secured to the outlet of the flow tube; (instant claim 1)
a first piezo element secured to the first coupler; a second piezo element secured to the second coupler to define a predetermined distance between the first piezo element and the second piezo element; and (instant claim 2)
at least one absorber sleeve directly engaged with each of the first coupler, the flow tube, and the second coupler. (instant claim 11)
Reference claim 2. The flow sensor sub-assembly of claim 1, wherein the at least one absorber sleeve comprises a first absorber sleeve engaged with the first coupler and the flow tube and a second absorber sleeve engaged with the second coupler and the flow tube, the first absorber sleeve spaced from the second absorber sleeve to define a gap, wherein the flow tube is not covered by any absorbing material in the gap between the first absorber sleeve and the second absorber sleeve. (instant claim 3)
Reference claim 3. The flow sensor sub-assembly of claim 1, wherein the at least one absorber sleeve comprises a first absorber sleeve engaged with the first coupler and the flow tube and a second absorber sleeve engaged with the second coupler and the flow tube, the first absorber sleeve spaced from the second absorber sleeve to define a gap, wherein the first absorber sleeve and the second absorber sleeve each cover at least 10% of a length of the flow tube between the first and second couplers. (instant claim 4)
Reference claim 4. The flow sensor sub-assembly of claim 3, wherein the first absorber sleeve and the second absorber sleeve each cover 25% of the length of the flow tube between the first and second couplers. (instant claim 5)
Reference claim 5. The flow sensor sub-assembly of claim 1, wherein the at least one absorber sleeve comprises a thermoplastic polyurethane and the flow tube comprises stainless steel. (instant claim 6)
Reference claim 6. The flow sensor sub-assembly of claim 1, wherein the flow tube is secured to the first coupler and the second coupler via the at least one absorber sleeve. (instant claim 7)
Reference claim 7. The flow sensor sub-assembly of claim 1, wherein an interface between the first and second couplers and the flow tube is free from adhesive. (instant claim 8)
Reference claim 8. The flow sensor sub-assembly of claim 1, wherein the at least one absorber sleeve is press-fit to the first and second couplers and the flow tube. (instant claim 9)
Reference claim 9. The flow sensor sub-assembly of claim 1, wherein the at least one absorber sleeve is adhered to the first and second couplers and the flow tube. (instant claim 10)
Reference claim 10. A flow sensor sub-assembly for sensing flow of a fluidic medicament comprising: a flow tube having an inlet and an outlet; a first coupler secured to the inlet of the flow tube; a second coupler secured to the outlet of the flow tube; (instant claim 12)
a first piezo element secured to the first coupler; a second piezo element secured to the second coupler to define a predetermined distance between the first piezo element and the second piezo element; and at least one absorber sleeve, (instant claim 13)
wherein the at least one absorber sleeve secures the flow tube to the first coupler and the second coupler, and (instant claim 12)
wherein there is no fixed, direct connection between the first coupler and the second coupler and the flow tube.
Reference claim 11. The flow sensor sub-assembly of claim 10, wherein the at least one absorber sleeve comprises a first absorber sleeve engaged with the first coupler and the flow tube and a second absorber sleeve engaged with the second coupler and the flow tube, the first absorber sleeve spaced from the second absorber sleeve to define a gap, wherein the flow tube is not covered by any absorbing material in the gap between the first absorber sleeve and the second absorber sleeve. (instant claim 14)
Reference claim 12. The flow sensor sub-assembly of claim 10, wherein the at least one absorber sleeve comprises a first absorber sleeve engaged with the first coupler and the flow tube and a second absorber sleeve engaged with the second coupler and the flow tube, the first absorber sleeve spaced from the second absorber sleeve to define a gap, wherein the first absorber sleeve and the second absorber sleeve each cover at least 10% of a length of the flow tube between the first and second couplers. (instant claim 15)
Reference claim 13. The flow sensor sub-assembly of claim 12, wherein the first absorber sleeve and the second absorber sleeve each cover 25% of the length of the flow tube between the first and second couplers. (instant claim 16)
Reference claim 14. The flow sensor sub-assembly of claim 10, wherein the at least one absorber sleeve comprises a thermoplastic polyurethane and the flow tube comprises stainless steel. (instant claim 17)
Reference claim 15. The flow sensor sub-assembly of claim 10, wherein an interface between the first and second couplers and the flow tube is free from adhesive. (instant claim 18)
Reference claim 16. The flow sensor sub-assembly of claim 10, wherein the at least one absorber sleeve is press-fit to the first and second couplers and the flow tube. (instant claim 19)
Reference claim 17. The flow sensor sub-assembly of claim 10, wherein the at least one absorber sleeve is adhered to the first and second couplers and the flow tube. (instant claim 19)
Reference claim 18. A flow sensor sub-assembly for sensing flow of a fluidic medicament comprising: a flow tube having an inlet and an outlet; a first coupler secured to the inlet of the flow tube; a second coupler secured to the outlet of the flow tube; (instant claim 1)
a first piezo element secured to the first coupler; a second piezo element secured to the second coupler to define a predetermined distance between the first piezo element and the second piezo element; and (instant claim 2)
at least one absorber sleeve engaged with the first coupler, the flow tube, and the second coupler, (instant claim 11)
wherein the at least one absorber sleeve comprises a first absorber sleeve engaged with the first coupler and the flow tube and a second absorber sleeve engaged with the second coupler and the flow tube, the first absorber sleeve spaced from the second absorber sleeve to define a gap. (instant claim 3)
Reference claim 19. A flow sensor sub-assembly for sensing flow of a fluidic medicament comprising: a flow tube having an inlet and an outlet; a first coupler secured to the inlet of the flow tube; a second coupler secured to the outlet of the flow tube; (instant claim 1)
a first piezo element secured to the first coupler; a second piezo element secured to the second coupler to define a predetermined distance between the first piezo element and the second piezo element; and (instant claim 2)
at least one absorber sleeve, wherein the flow tube is secured to the first coupler and the second coupler via the at least one absorber sleeve, (instant claim 11)
wherein the at least one absorber sleeve comprises a first absorber sleeve engaged with the first coupler and the flow tube and a second absorber sleeve engaged with the second coupler and the flow tube, the first absorber sleeve spaced from the second absorber sleeve to define a gap. (instant claim 3)
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
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 12-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Regarding claim 12, the claim recites that “the first coupler and the second couplers are unconstrained relative to the flow tube”, but the claim does not define whether the term “unconstrained” means that (1) the first and second couplers are not secured or (2) the first and second couplers are not coupled directly or otherwise to the flow tube. For examination purposes, this limitation will be interpreted according to (2). Also, the phrase “the first coupler and the second couplers” will be understood as—the first coupler and the second coupler—. Further clarification is respectfully requested.
Claims 13-20 are rejected as being dependent on the rejected base claim
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 7-9, 11-14, 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forster (Pub. No. US 2015/0211904) (hereafter Forster).
Regarding claim 1, Forster teaches a flow sensor for sensing flow of a fluidic medicament, the flow sensor comprising:
a flow tube (i.e., flow tube 12) (see Fig. 1) having an inlet and an outlet (i.e., flowmeter has transducers at each end of a flow tube and inlet and outlet connectors for the fluid into the sides of the flow tube) (see paragraph section [0004]);
a first coupler (i.e., pressure member 25) (see Fig. 2) secured to the inlet of the flow tube (i.e., the connection between the transducers 21, 22 and the acoustic couplers 14, 15 is releasable. This is achieved, in this embodiment, by pressure members 25, 26, held in place by straps, clamps or other means (not shown)) (see paragraph section [0033] and Fig. 2);
a second coupler (i.e., pressure member 26) (see Fig. 2) secured to the outlet of the flow tube (i.e., the connection between the transducers 21, 22 and the acoustic couplers 14, 15 is releasable. This is achieved, in this embodiment, by pressure members 25, 26, held in place by straps, clamps or other means (not shown)) (see Fig. 2); and
at least one absorber sleeve directly engaged with at least one of the first coupler or the second coupler (i.e., acoustic couplers 14, 15 made from polymer material and additional acoustic coupling material, such as grease or acoustic mastic may be used to ensure good acoustic coupling between the transducers and the acoustic coupler) (see paragraph section [0032]-[0033]).
Regarding claim 2, Forster teaches first piezo element secured to the first coupler (i.e., piezoelectric acoustic transducer 21 is held in firm engagement with the acoustic coupler 14 by pressure member 25) (see Fig. 2); and a second piezo element secured to the second coupler to define a predetermined distance between the first piezo element and the second piezo element (i.e., piezoelectric acoustic transducer 22 is held in firm engagement with the acoustic coupler 15 by pressure member 26) (see Fig. 2), wherein the at least one absorber sleeve is further directly engaged with the flow tube (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings which are connected to the ends of the stainless steel tube 13) (see paragraph section [0031] and fig. 2).
Regarding claim 3, Forster teaches that the at least one absorber sleeve comprises a first absorber sleeve engaged with the first coupler (i.e., acoustic coupler 14) (see Fig. 2) and the flow tube and a second absorber sleeve engaged with the second coupler and the flow tube (i.e., acoustic coupler 15) (see Fig. 2), the first absorber sleeve spaced from the second absorber sleeve to define a gap, wherein the flow tube is not covered by any absorbing material in the gap between the first absorber sleeve and the second absorber sleeve (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings which are connected to the ends of the stainless steel tube 13) (see paragraph section [0031] and Fig. 2).
Regarding claim 7, Forster teaches that the flow tube is secured to the first coupler and the second coupler via the at least one absorber sleeve (i.e., tube 12 is coupled to the pressure members 25, 26 via the acoustic couplers 14 and 15) (see Fig. 2).
Regarding claim 8, Forster teaches an interface between the first and second couplers and the flow tube is free from adhesive (i.e., no adhesive was disclosed as being disposed at the interface between the pressure members 25, 26 and the flow tube 12; although further acoustic coupling material (not shown) may be provided between the transducers and the couplers 14, 15 to fill any air gaps and ensure a good acoustic connection between them) (see at least Fig. 2).
Regarding claim 9, Forster teaches that the at least one absorber sleeve is press-fit to the first and second couplers and the flow tube (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings which are connected to the ends of the stainless steel tube 13) (see paragraph section [0031]).
Regarding claim 11, Forster teaches that the at least one absorber sleeve is directly engaged with each of the first coupler and the second coupler (i.e., acoustic couplers 14 and 15 are coupled to each respective on of the pressure members 25 and 26) (see Fig. 2).
Regarding claim 12, Forster teaches a flow sensor for sensing flow of a fluidic medicament comprising:
a flow tube (i.e., flow tube 12) (see Fig. 1) having an inlet and an outlet (i.e., flowmeter has transducers at each end of a flow tube and inlet and outlet connectors for the fluid into the sides of the flow tube) (see paragraph section [0004]);
a first coupler (i.e., pressure member 25) (see Fig. 2) secured to the inlet of the flow tube (i.e., the connection between the transducers 21, 22 and the acoustic couplers 14, 15 is releasable. This is achieved, in this embodiment, by pressure members 25, 26, held in place by straps, clamps or other means (not shown)) (see paragraph section [0033] and Fig. 2);
a second coupler (i.e., pressure member 26) (see Fig. 2) secured to the outlet of the flow tube (i.e., the connection between the transducers 21, 22 and the acoustic couplers 14, 15 is releasable. This is achieved, in this embodiment, by pressure members 25, 26, held in place by straps, clamps or other means (not shown)) (see Fig. 2);
at least one sleeve (i.e., acoustic couplers 14, 15) (see Fig. 2) including an absorbing material (i.e., acoustic couplers 14, 15 made from polymer material and additional acoustic coupling material, such as grease or acoustic mastic may be used to ensure good acoustic coupling between the transducers and the acoustic coupler) (see paragraph section [0032]-[0033]),
wherein the at least one sleeve secures the flow tube to the first coupler and the second coupler such that the first coupler and the second couplers are unconstrained relative to the flow tube (i.e., the pressure members 25, 26 are coupled to the flow tube 12 via the acoustic couplers 14, 15) (see Fig. 2).
Regarding claim 13, Forster teaches a first piezo element secured to the first coupler (i.e., piezoelectric acoustic transducer 21 is held in firm engagement with the acoustic coupler 14 by pressure member 25) (see Fig. 2); and a second piezo element secured to the second coupler to define a predetermined distance between the first piezo element and the second piezo element (i.e., piezoelectric acoustic transducer 22 is held in firm engagement with the acoustic coupler 15 by pressure member 26) (see Fig. 2).
Regarding claim 14, Forster teaches that the at least one sleeve comprises a first sleeve engaged with the first coupler and the flow tube (i.e., acoustic coupler 14 is coupled to the pressure member 25 and flow tube 12) (see Fig. 2) and a second sleeve engaged with the second coupler and the flow tube (i.e., acoustic coupler 15 is coupled to the pressure member 26 and flow tube 12) (see Fig. 2), the first sleeve spaced from the second sleeve to define a gap (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings which are connected to the ends of the stainless steel tube 13) (see paragraph section [0031] and Fig. 2), wherein the flow tube is not covered by any absorbing material in the gap between the first sleeve and the second sleeve (i.e., acoustic couplers 14 and 15 are spaced from each other) (see Fig. 2).
Regarding claim 18, Forster teaches that an interface between the first and second couplers and the flow tube is free from adhesive (i.e., no adhesive was disclosed as being disposed at the interface between the pressure members 25, 26 and the flow tube 12; although further acoustic coupling material (not shown) may be provided between the transducers and the couplers 14, 15 to fill any air gaps and ensure a good acoustic connection between them) (see at least Fig. 2).
Regarding claim 19, Forster teaches that the at least one sleeve is at least one of press-fit to the first and second couplers and the flow tube (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings which are connected to the ends of the stainless steel tube 13) (see paragraph section [0031]), adhered to the first and second couplers and the flow tube, or any combination thereof.
Regarding claim 20, Forster teaches that there is separation between the first coupler and the flow tube, and wherein there is separation between the second coupler and the flow tube (i.e., the pressure members 25 and 26 are separated from flow tube 12 by the acoustic couplers 14 and 15) (see Fig. 2).
Claim Rejections - 35 USC § 103
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 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.
Claims 4-5, 10, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Forster (Pub. No. US 2015/0211904) (hereafter Forster)
Regarding claim 4, Forster teaches that the at least one absorber sleeve comprises a first absorber sleeve engaged with the first coupler and the flow tube (i.e., acoustic coupler 14) (see Fig. 2) and a second absorber sleeve engaged with the second coupler and the flow tube (i.e., acoustic coupler 15) (see Fig. 2), the first absorber sleeve spaced from the second absorber sleeve to define a gap (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings which are connected to the ends of the stainless steel tube 13) (see paragraph section [0031] and Fig. 2); but does not explicitly teach that each of the first absorber sleeve and the second absorber sleeve cover at least 10% of the flow tube between the first and second couplers. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have adjusted the coverage of the polymer sleeves depending on the dimensions of the flow tube, as an obvious design choice. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimization of a result-effective variable involves only routine experimentation (see MPEP 2144.05))
Regarding claim 5, Forster as disclosed above does not directly or implicitly teach that each the first absorber sleeve and the second absorber sleeve cover at least 25% of the flow tube between the first and second couplers. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have adjusted the coverage of the polymer sleeves depending on the dimensions of the flow tube, as an obvious design choice. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimization of a result-effective variable involves only routine experimentation (see MPEP 2144.05)).
Regarding claim 10, Forster as disclosed above does not directly or implicitly teach that the at least one absorber sleeve is adhered to the first and second couplers and the flow tube. However, Forster teaches that additional acoustic coupling material, such as grease or acoustic mastic may be used to ensure good acoustic coupling between the transducers and the acoustic coupler (see paragraph section [0032]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively used an adhering attenuating material in order to form a more permanent fit between the transducers and the acoustic coupler tubes 14, 15 when in use, depending on the application. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (see MPEP 2144.07).
Regarding claim 15, Forster teaches that the at least one sleeve comprises a first sleeve engaged with the first coupler and the flow tube (i.e., acoustic coupler 14 is coupled to the pressure member 25 and flow tube 12) (see Fig. 2) and a second sleeve engaged with the second coupler and the flow tube (i.e., acoustic coupler 15 is coupled to the pressure member 26 and flow tube 12) (see Fig. 2) , the first sleeve spaced from the second sleeve to define a gap (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings which are connected to the ends of the stainless steel tube 13) (see paragraph section [0031] and Fig. 2); but does not explicitly teach that each of the first sleeve and the second sleeve cover at least 10% of the flow tube between the first and second couplers. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have adjusted the coverage of the polymer sleeves depending on the dimensions of the flow tube, as an obvious design choice. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimization of a result-effective variable involves only routine experimentation (see MPEP 2144.05))
Regarding claim 16, Forster as disclosed above does not directly or implicitly teach that each of the first sleeve and the second sleeve cover at least 25% of the flow tube between the first and second couplers. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have adjusted the coverage of the polymer sleeves depending on the dimensions of the flow tube, as an obvious design choice. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimization of a result-effective variable involves only routine experimentation (see MPEP 2144.05)).
Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Forster (Pub. No. US 2015/0211904) (hereafter Forster) in view of Mueller et al. (Pat. No. US 8,698,378) (hereafter Mueller).
Regarding claim 6, Forster teaches the at least one absorber sleeve (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings) (see paragraph section [0031]) and the flow tube comprises stainless steel (i.e., stainless steel tube 13) (see paragraph section [0031]); but does not explicitly teach that the at least one absorber sleeve comprises a thermoplastic polyurethane. However, Mueller teaches that the at least one absorber sleeve comprises a thermoplastic polyurethane (i.e., attenuating elements 132 can include plastics or silicones and/or epoxies and/or polyurethanes or thermoplastic matrix materials) (see Column 9, line 37, to Column 10, lien 23). In view of the teaching of Mueller, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected TPU as the acoustic attenuating material in order to further reduce noise and to improve measurement accuracy. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (see MPEP 2144.07).
Regarding claim 17, Forster teaches that the at least one sleeve (i.e., the acoustic couplers 14, 15 are substantially identical polymer mouldings) (see paragraph section [0031]) and the flow tube comprises stainless steel (i.e., stainless steel tube 13) (see paragraph section [0031]); but does not explicitly teach that the at least one sleeve comprises a thermoplastic polyurethane. However, Mueller teaches that the at least one absorber sleeve comprises a thermoplastic polyurethane (i.e., attenuating elements 132 can include plastics or silicones and/or epoxies and/or polyurethanes or thermoplastic matrix materials) (see Column 9, line 37, to Column 10, lien 23). In view of the teaching of Mueller, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected TPU as the acoustic attenuating material in order to further reduce noise and to improve measurement accuracy. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (see MPEP 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892
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/Tran M. Tran/Examiner, Art Unit 2855