DETAILED ACTION
Claims 1-20 are pending in the present application.
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 submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/24/2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-19 are 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.
Regarding claim 1, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “a pharmaceutical fluid conduit”, and the claim also recites “in particular to pharmaceutical tubing” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claims 4, 7, 11, and 15, these claims are rejected because the term "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 9, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 10, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 10 recites the broad recitation “at least one groove is arc-shaped”, and the claim also recites “in particular in the shape of a circular arc, or elliptical” to pharmaceutical tubing” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claims 2-3, 5-6, 8, 12-14, and 16-19, these claims are rejected for failing to remedy the rejections of claims 1, 4, 7, 9-11, and 15 above under 35 U.S.C. 112(b).
Claim Rejections - 35 USC § 102
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.
Claim 20 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Niimura (US PGUB 2019/0285449 A1, hereinafter Niimura).
Regarding claim 20, Niimura teaches a measuring device comprising at least one adapter device (130/140) and/or at least one adapter arrangement (130/140/200) and/or at least one adapter system (130/140/200/300), and at least one sensor device (110/120) having a first sensor part (113) and a second sensor part (123).
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.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Niimura in view of Murakami et al. (US 2020/0340838 A1, hereinafter Murakami).
Regarding claim 1, Niimura teaches an adapter device for attaching a sensor device (110/120) having a first sensor part (110) and a second sensor part (120) to a fluid conduit (P), in particular to tubing, that has a direction of extension (see Fig. 2, left/right direction along the tubing P), the adapter device comprising a first adapter part (130) and a second adapter part (140), the first adapter part comprising or forming a first sensor receptacle for the first sensor part and the second adapter part comprising or forming a second sensor receptacle for the second sensor part (see Fig. 2, 5, 7, and 8 and [0044], first adapter part 130 includes a first sensor receptacle (central region) for the first sensor part 110 and the second adapter part 140 includes a second sensor receptacle (central region) for the second sensor part 120 as shown and described), the adapter parts being directly or indirectly interconnectable (see [0105] and Fig. 7, adapter parts 130/140 directly interconnectable via screws 135) and also a fluid conduit receptacle which is arranged between the adapter parts or is formed by the adapter parts and which is designed to receive the fluid conduit (see Fig. 5 and [0059], fluid conduit receptacles (leaf springs) 115/125 arranged between the adapter parts 130/140 so as to receive the fluid conduit P as shown and described), the first sensor receptacle being arranged on the side of the first adapter part facing away from the fluid conduit receptacle (see Fig. 2 and 7, first sensor receptacle (central region) of first adapter part 130 on the side of the first adapter part 130 facing away from the fluid conduit receptacle 115 as shown) and the second sensor receptacle being arranged on the side of the second adapter part facing away from the fluid conduit receptacle (see Fig. 2 and 7, second sensor receptacle (central region) of second adapter part 140 on the side of the second adapter part 140 facing away from the fluid conduit receptacle 125 as shown), a respective through-opening being formed on the first sensor receptacle and on the second sensor receptacle (see Fig. 2 and 7, each of the central regions considered the first and second sensor receptacles, respectively, of the first adapter part 130 and the second adapter part 140 has a through hole as shown), and a respective contact element of the first sensor part and of the second sensor part engaging in the respective through-opening or extending therethrough for direct abutment against the fluid conduit in a planar manner (see Fig. 5 and 7, contact elements 114/124 of the respective first sensor part 110 and second sensor part 120 extend through the openings of the first adapter part 130 and the second adapter part 140 contact the fluid conduit P in a planer manner as shown).
Niimura fails to specifically teach that the fluid conduit is a pharmaceutical conduit/tubing; and wherein the contact element of the first sensor part and of the second sensor part engaging in the respective through-opening or extending therethrough for direct abutment against the fluid conduit in a planar manner.
Murakami teaches an adapter device for attaching a sensor device to flexible tubing (see Fig. 1 and 3, adapter device 1-3 for attaching sensor device 4a/5a to a flexible resin tubing P; see also Abstract); and wherein a contact element of a first sensor part and of a second sensor part extend through an opening for direct abutment against the fluid conduit in a planar manner (see Fig. 1 and 3; see also [0032]-[0033], contact element 4b/5b of a first sensor part 5a and a second sensor part 4a extend through openings of the adapter device parts 3/2 for direct abutment against the fluid conduit P in a planar manner).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the device of Niimura such that for flexible tubing, the first sensor part and second sensor part abut the conduit in a planar manner as suggested by Murakami. This allows for the ultrasonic beam to efficiently enter and exit the tubing as suggested by Murakami.
Furthermore, it would be have been obvious to modify the system of Niimura as modified by Murakami such that the device was utilized, in particular for the synthetic resin tubing, for pharmaceutical fluids. This is because resin tubing is well-known for usage in pharmaceutical applications due to the non-reactive, light weight, and low-cost properties of resin tubing.
Regarding claim 2, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the respective sensor receptacle comprises an abutment region for the sensor part, the respective through-opening being formed in the abutment region (see Fig. 2 and 7, sensor receptacles (central regions of 130/140) include an abutment region for respective sensor parts 110/120 at the edge and surrounding the through opening as shown).
Regarding claim 3, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the adapter device comprises a sealing element which is arranged between the sensor part and the abutment region, the sealing element in particular comprising or forming a cutout through which the contact element extends (see Fig. 2 and 8, sealing elements 150/160 arranged vertically between the sensor parts 110/120 and the abutment regions of 114/124 and includes a cutout through which the contact elements 114/124 extend).
Regarding claim 4, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the respective sensor receptacle has a depression into which the sensor part is preferably insertable in a positive-locking manner (see Fig. 2, sensor receptacles (central regions of 130/140) has depressions for positive-locking of the sensor parts 110/120 via screws 151).
Regarding claim 5, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the respective adapter part is rigidly connectable to the sensor part assigned thereto (see Fig. 2, adapter parts 130/140 rigidly connectable to the sensors parts 110/120 via 151 as shown).
Regarding claim 6, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the through-openings have an extension in the direction of extension of the fluid conduit and/or wherein the fluid conduit receptacle is configured to extend in a straight line (see Fig. 2, through-openings extend left right along the fluid conduit P, the fluid conduit receptacles (central regions of 130/140) extend in a straight line along the fluid conduit P as shown).
Regarding claim 7, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Niimura as modified by Murakami above fails to specifically teach that the fluid conduit receptacle comprises at least one abutment region for the fluid conduit that is preferably directly adjacent to the through-openings in the direction of extension, preferably two abutment regions on sides of the through-openings that are opposite one another in the direction of extension.
However, Murakami further teaches two abutment regions for the fluid conduit on sides of the through-openings in the fluid conduit receptacles (see Fig. 3, abutment regions on each side of the through openings for the reception units 4/5 shown).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to further modify the device of Niimura as modified by Murakami above such that the fluid conduit receptacles include abutment regions for the fluid conduit as suggested by Murakami. This would ensure that the clamp-on flow meter was secured to the fluid conduit.
Regarding claim 8, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the fluid conduit receptacle comprises at least one groove into which the fluid conduit is insertable at least in part (see Fig. 5 and 7, fluid conduit receptacles (central regions of 130/140) includes grooves as shown that accommodate the fluid conduit P).
Regarding claim 9, Niimura as modified by Murakami above teaches all of the limitations of claims 1 and 8.
Furthermore, Niimura teaches two complementary grooves are provided which are opposite one another transversely and, in particular, perpendicularly to the direction of extension and in which the fluid conduit engages in each case in part, for example in each case halfway (see Fig. 5, complimentary grooves in for each fluid conduit receptacles (central regions of 130/140) provided perpendicularly to the direction of extension of the fluid conduit P; wherein the fluid conduit P engages each groove via the leaf springs 115/125).
Regarding claim 10, Niimura as modified by Murakami above teaches all of the limitations of claims 1 and 6.
Furthermore, Niimura teaches that the cross section of the at least one groove is arc-shaped, in particular in the shape of a circular arc, or elliptical, or wherein the cross section of the at least on groove is rectangular (see Fig. 5, cross section of grooves for each fluid conduit receptacles (central regions of 130/140) is rectangular).
Regarding claim 11, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that at least one projection is arranged or formed on one of the adapter parts in the direction of extension and projects beyond the other adapter part, in which projection a groove is formed into which the fluid conduit is insertable at least in part and preferably completely (see Fig. 5, 7, and 8, projections 132/142/143 arranged on the adapter parts 130/140 in the direction of extension and are at the ends of the adapter parts 130/140, thus extending beyond other adapter parts as shown, and such that grooves are formed to surround the inserted fluid conduit P as shown in Fig. 8).
Regarding claim 12, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the adapter part has projections on two sides facing away from one another in the direction of extension (see Fig. 7, projections 145 from the adapter part 140 on two sides (left right) along the direction of extension of fluid conduit P), between which projections the other adapter part is arranged in a positive-locking manner in the direction of extension in the connected state (see Fig. 7, projections 145 positive-lock with the other adapter part 130 via screws 135).
Regarding claim 13, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the fluid conduit receptacle is formed by the adapter parts, in particular wherein at least one groove extending in the direction of extension for the fluid conduit is arranged or formed on the first adapter part and/or on the second adapter part (see Fig. 5, 7, and 8, grooves formed by 133 and 143 and arranged on the respective adapter parts 130/140 in the direction of extension).
Regarding claim 14, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches that the adapter device (130/140) comprises an intermediate part which is formed separately from the adapter parts and is arranged between the adapter parts and comprises or forms the fluid conduit receptacle (see Fig. 2 and 7, fluid conduit receptacles formed as separate leaf springs 115/125 arranged between and separate from the adapter parts 130/140).
Regarding claim 15, Niimura as modified by Murakami above teaches all of the limitations of claims 1 and 14.
Furthermore, Niimura teaches that a receptacle for the intermediate part in which the intermediate part is received at least in part is formed on at least one adapter part, preferably wherein a receptacle is formed on both adapter parts, the intermediate part engaging in part in each receptacle (see Fig. 2, each adapter part 130/140 includes receptacles for intermediate parts 115/125 screws 134/144 that are received by each adapter part 130/140).
Regarding claim 16, Niimura as modified by Murakami above teaches all of the limitations of claims 1 and 14.
Furthermore, Niimura teaches that at least one receptacle for at least one of the adapter parts is formed on the intermediate part, which adapter part engages in the receptacle at least in portions (see Fig. 2, intermediate parts 115/125 include receptacles that correspond to screw 134/144 which may be considered to be adapter parts 130/140).
Regarding claim 17, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches a method for attaching a sensor device having a first sensor part and a second sensor part to a fluid conduit with an adapter device according to claim 1, the method comprising the steps of: connecting the first sensor part to the first adapter part (see Fig. 2 and [0043], first sensor part 110 connected to first adapter part 130); connecting the second sensor part to the second adapter part (see Fig. 2 and [0043], second sensor part 120 connected to first adapter part 140); arranging the fluid conduit in the fluid conduit receptacle (see Fig. 2 and [0044], fluid conduit P is arranged in the fluid conduit receptacles 115/125); and connecting the adapter parts to one another, the fluid conduit being arranged between the adapter parts in such a way that the contact elements of the sensor parts directly abut against the fluid conduit without intermediate elements (see Fig. 2, [0050], and [0103], adapter parts 130/140 connected to one another via screws 101, the fluid conduit P arranged in between such that the sensor parts 114/124 directly contact the fluid conduit P).
Regarding claim 18, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Niimura as modified by Murakami above fails to specifically teach that the fluid conduit receptacle of the first adapter device and the fluid conduit receptacle of the at least one second adapter device are of different sizes for receiving fluid conduits of different diameters.
However, Niimura does teach that the fluid conduit receptacles (115/125) can accommodate fluid conduits of different diameters (see Fig. 10-11 and [0112], fluid conduit receptacles 115/125 capable of handling different diameter fluid conduits P as described).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to further modify the device of Niimura as modified by Murakami above such that different sizes of the fluid conduit receptacles were utilized. This would ensure that the desired range of fluid conduits and the associated diameters may be accommodated in a similar way to the device of Niimura.
Regarding claim 19, Niimura as modified by Murakami above teaches all of the limitations of claim 1.
Furthermore, Niimura teaches a first intermediate part and at least one second intermediate part (116/126).
Niimura as modified by Murakami above fails to specifically teach that the fluid conduit receptacles of the first intermediate part and the at least one second intermediate part are of different sizes for receiving fluid conduits of different diameters.
However, as described above, Niimura does teach that the fluid conduit receptacles (115/125) can accommodate fluid conduits of different diameters (see Fig. 10-11 and [0112], fluid conduit receptacles 115/125 capable of handling different diameter fluid conduits P as described).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to further modify the device of Niimura as modified by Murakami above such that different sizes of the fluid conduit receptacles were utilized. This would ensure that the desired range of fluid conduits and the associated diameters may be accommodated in a similar way to the device of Niimura.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL T WOODWARD whose telephone number is (571)270-0704. The examiner can normally be reached M-F: 9:00 AM - 5:00 PM.
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/NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855