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 Objections
Claim 8 is objected to because “the hose opening” (l. 2) lacks antecedent basis in the claims.
Claim 15 is objected to because “the spring force” (l. 3) lacks antecedent basis in the claims.
Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
Claim 16 is indefinite because it is unclear how “the hose is pitched between the compression plate and the hose” (ll. 2-3). It appears Applicant intended to recite “the hose is pinched between the compression plate and the rib” as described in Applicant’s disclosure (Published Application, ¶ [0048]).
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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Musolf (US 10,578,220 B2).
Regarding claim 1, Musolf discloses a fluid flow device (fig. 1) comprising: (a) a hose (23); (b) a housing (21; fig. 3) wherein the hose (23) is contained within the housing (tubing 23 is contained within pinch gap 45 of component 21; c. 8, ll. 29-33); (c) a compression plate (55; fig. 9) in operational communication with the housing (21) configured to compress the hose (23) against the housing (pinch head surface 55 of pinch head 44 is in communication with component 21 and compresses tubing 23 against pinch head surface 56 of pinch head 22; figs. 8 and 9); and (d) a least one distance sensor (24) configured to measure a position of the compression plate (position sensor 24 measures a position of pinch 44 by detecting magnetic component 46; fig. 6 and c. 8, ll. 34-40).
Regarding claims 2 and 3, Musolf discloses wherein the distance sensor (24) is one or more of a magnetic sensor, a vision sensor, and a rotary encoder (position sensor may be a magnetic sensor, an optical encoder, or a rotary encoder; c. 7, ll. 4-7 and c. 8, ll. 41-45); wherein the distance sensor (24) is a magnetic sensor (c. 8, ll. 34-35).
Regarding claims 4 and 5, Musolf discloses further comprising a rib (56; fig. 9) formed on the housing (21) substantially opposite the compression plate (pinch head surface 56 is formed on component 21 opposite to pinch head surface 55; fig. 9); wherein the compression plate (55) compresses the hose (23) against the rib (56) when the compression plate (55) is in a closed position (in a closed position, pinch head surface 55 compresses tubing 23 against pinch head surface 56; fig. 11).
Regarding claim 6, Musolf discloses further comprising an actuator (43; figs. 8 and 9) in communication with the compression plate (55), the actuator (43) configured to adjust the orientation of the compression plate (55) relative to the hose (pneumatic cylinder 43 controls movement of pinch head 44, including pinch head surface 55; c, 8, ll. 23-29).
Regarding claims 7-9, Musolf discloses wherein the compression plate (55) is configured for movement in response to increase fluid flow pressure within the hose (some amount of fluid flow pressure increase within tubing 23 would result in movement of pinch head surface 55), and wherein movement of the compression plate (55) is read by the at least one distance sensor (movement of pinch head 44, including pinch head surface 55, is detected by position sensor 24; c. 8, ll. 34-40);
wherein the position of the compression plate (55) is indicative of a size of the hose (23) opening within the housing (21) and thereby of amount of fluid flowing through the hose (a position of pinch head surface 55 is indicative of a size of the opening of tubing 23 and thereby an amount of fluid flowing through tubing 23; figs. 9-11 and c. 8, ll. 29-33); wherein the size of the hose (23) opening is dynamically adjustable via change in pump pressure and/or via a linear actuator (43) in communication with the compression plate (the size of the opening of tubing 23 is dynamically adjustable via at least pneumatic cylinder 43 in communication with pinch head 44; c, 8, ll. 23-40).
Regarding claim 10, Musolf discloses a flow control and measurement device (fig. 1) comprising: (a) a housing (21; fig. 7); (b) a hose (23) extending through the housing (21) defining an orifice (tubing 23 extends through component 21 and defines an orifice; fig. 8); (c) a compression plate (44, 55) configured to press against the hose (23) in the housing (pinch head surface 55 of pinch head 44 is in communication with component 21 and compresses tubing 23 against pinch head surface 56 of pinch head 22; figs. 8 and 9); and (d) at least one position sensor (24) configured to detect the position of the compression plate (55) relative to the housing (position sensor 24 measures a position of pinch head 44 relative to component 21; fig. 6 and c. 8, ll. 34-40), wherein the compression plate (55) compresses the hose (23) until the orifice is closed when the compression plate (55) is in an off position (in an “off” position, pinch head surface 55 compresses tubing 23 until the orifice is closed; fig. 11), and wherein pressure from fluid flowing through the hose (23) causes movement of the compression plate (55) detected by the at least one position sensor (some amount of pressure from fluid flowing through tubing 23 would cause movement of pinch head surface 55 and movement is detected by position sensor 24; c. 8, ll. 35-40).
Regarding claim 11, Musolf discloses further comprising at least one linear actuator (43; figs. 8 and 9) in communication with the compression plate (55), wherein the linear actuator (43) urges the compression plate (55) into a specified position to create a specified orifice size (pneumatic cylinder 43 controls movement of pinch head 44, including pinch head surface 55, to create a specified orifice size of tubing 23; figs. 9-11 and c. 8, ll. 23-33).
Regarding claim 12, Musolf discloses wherein the position sensor (24) is a non-contact sensor (c. 8, ll. 34-35).
Regarding claim 13, Musolf discloses wherein the position sensor (24) is a magnetic sensor (c. 8, ll. 34-35).
Regarding claim 14, Musolf discloses wherein the device (fig. 2) is configured to determine flow rate by determining the size of the orifice from the position of the compression plate (55) and a known pump pressure (from pressure sensor 37a; fig. 2) feeding into the hose (a flow rate is determined by the position of pinch head 44 indicating the size of the orifice of tubing 23 and a known pressure feeding into tubing 23; c. 8, ll. 2-17).
Regarding claim 15, Musolf discloses further comprising at least one spring (88; fig. 20) in communication with the compression plate (44, 55), wherein the at least one spring forces the compression plate (44, 55) against the hose (spring 88 is in communication with pinch head 44, including pinch head surface 55, and biases pinch head surface 55 against tubing 23; fig. 20), and wherein the spring force may be overcome by fluid pressure within the hose (23) urging the compression plate (55) away from the housing (some amount of fluid pressure within tubing 23 would overcome the force of spring 88 and urge pinch head 44 away from pinch head 82 of component 21; fig. 19).
Regarding claim 16, Musolf discloses further comprising at least one compression rib (56; figs. 9-11) within the housing (21), wherein the hose (23) is pitched between the compression plate (55) and the hose (22) when the compression plate (55) is in the off position (in the “off” position, tubing 23 is pinched between pinch head surface 55 and pinch head surface 56; fig. 11).
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) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gilbert et al. (US 2019/0254225 A1) in view of Musolf (US 10,578,220 B2).
Regarding claim 17, Gilbert et al. discloses a system for flow control and measurement (fig. 2), comprising: (a) a fluid tank (1); (b) a pump (16) in communication with the fluid tank (¶ [0040]); (c) a manifold (14) in communication with the pump (16) configured to distribute fluid flow to two or more individual lines (18); and (d) at least one flow device (38) in line with each of the two or more individual lines (at least a flowmeter 38 is provided with each of discharge lines 18; ¶ [0044]).
Regarding claim 19, Gilbert et al. discloses wherein the system equalizes flow amongst the two or more individual lines (pumps 16 and flowmeters 38 control the flow rate and pressure of discharge lines 18 to be uniform when desired; ¶¶ [0049-0050]).
Gilbert et al. is silent on the details of each flow device.
Musolf teaches a fluid flow device (fig. 1) comprising: (i) a housing (21; fig. 7); (ii) a hose (23) disposed within the housing (21; fig. 8); (iii) a compression plate (44, 55) configured to compress the hose (23) against the housing (pinch head surface 55 of pinch head 44 is in communication with component 21 and compresses tubing 23 against pinch head surface 56 of pinch head 22; figs. 8 and 9), the compression sufficient to close a lumen of the hose (23) when fluid is not flowing through the hose (pinch head surface 56 closes a lumen of tubing 23 at least when fluid is not flowing through tubing 23; fig. 11); and (iv) at least one position sensor (24) configured to determine the position of the compression plate (55) relative to the housing (position sensor 24 measures a position of pinch head 44 relative to component 21; fig. 6 and c. 8, ll. 34-40), wherein the position of the compression plate (55) indicates pressure inside the house (position of pinch head surface 55 indicates pressure inside tubing 23; fig. 12).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Gilbert et al. with the flow device of Musolf to provide a finely-adjustable fluid delivery device by utilizing pinch valves capable of being incrementally open or closed (Musolf, c. 1, l. 66 – c. 2, l. 9).
Regarding claim 18, Gilbert et al. in view of Musolf discloses the invention as set forth above with regard to claim 17, and Gilbert et al. further discloses comparing the pressure of each of the flow devices (flowmeters 38 are used in a feedback system to control flow rate and pressure in each discharge line 18 to be uniform or varied, if desired; ¶¶ [0049-0050]).
Although Gilbert et al. is silent on using the pressure comparison to determine if an individual line is blocked, Gilbert et al. teaches that the system identifies pump assembly wear, failure, leaks, and other malfunctions.
One of ordinary skill in the art of flowmeters would have known that a desired flow rate or pressure of a line not being reached is indicative of a fault, such as a blockage or a leak.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Gilbert et al. in view of Musolf to use the pressure comparison to determine line blockage as this would apply a known technique to a known device to yield predictable results.
Regarding claim 20, Gilbert et al. in view of Musolf discloses the invention as set forth above with regard to claim 17.
Although Musolf discloses that the position of the compression plate (55) determined by the position sensor indicates pressure inside the house (position of pinch head surface 55 indicates pressure inside tubing 23; fig. 12) and Gilbert et al. teaches that the system identifies pump assembly wear, failure, leaks, and other malfunctions, Gilbert et al. in view of Musolf et al. are silent on determining a blockage.
However, one of ordinary skill in the art of flowmeters would have known that a desired flow rate or pressure of a line not being reached is indicative of a fault, such as a blockage or a leak.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Gilbert et al. in view of Musolf to use the pressure indicated by the position of the compression plate to determine presence of a blockage as this would apply a known technique to a known device to yield predictable results.
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