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 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 1-8, 14-17 and 19-25 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.
Claims 1, 14 and 21 recite a “uniform” material. It is unclear what aspect(s) of the material must be uniform - size, weight, density, color, crystal grain size, etc.
Claims 2-8, 15-17, 19, 20 and 22-25 depend on claims 1, 14 or 21 and are rejected for inheriting the same problem.
Claim 6 recites that “the rounded outside wall of the fluid flow obstruction” without anything more. The metes and bounds of the claim are unclear. The examiner has interpreted the claim to mean “the rounded outside wall of the fluid flow obstruction is secured to an interior of the fluid flow conduit with at least one anchor.”
Claims 7 and 8 depend on claim 6 and are rejected for inheriting the same problem.
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.
Claims 1-8, 14-17 and 19-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 110514256 by Tang et al. (“Tang”).
As for claim 1, Tang discloses a fluid flow obstruction component (22) for a process fluid flow measurement device, the fluid flow obstruction component being located in a fluid flow conduit and comprising:
a single, uniform, stock material (ceramic; Abstract) machined (the recitation that the material is machined describes the process of making the component and does not structurally distinguish the claimed invention over the prior art) to include:
an upstream wall having a planar upstream surface that includes an upstream apex edge (see Figs. 1 and 2);
a downstream wall having a planar downstream surface that includes a downstream apex edge (see Figs. 1 and 2);
an apex having a flat surface that extends from the upstream apex edge to the downstream apex edge (see Figs. 1 and 2), the apex intersecting with and being continuous with the upstream wall and intersecting and being continuous with the downstream wall (see Figs. 1 and 2).
As for claims 2 and 15, Tang discloses that the flat surface of the apex is oriented at a first obtuse angle relative to the planar upstream surface of the upstream wall and the flat surface of the apex is oriented at a second obtuse angle relative to the planar downstream surface of the downstream wall (see Fig. 2).
As for claims 3 and 16, Tang discloses that the first obtuse angle and the second obtuse angle are the same (see Fig. 2).
As for claims 4 and 17, Tang discloses that the planar downstream surface is oriented at a perpendicular angle relative to the planar upstream surface (see Fig. 2).
As for claim 5, Tang discloses a rounded outside wall having a radius of curvature that corresponds with an inner radius of curvature of the conduit and intersects with the upstream wall, the downstream wall and the apex (see Fig. 2).
As for claims 6, 19 and 26, Tang discloses that the rounded outside wall of the fluid flow obstruction component is secured to an interior of the fluid flow conduit with at least one anchor (23).
As for claim 7, Tang discloses that the apex is spaced apart from an inner surface of the fluid flow conduit by a throat opening height (see Fig. 2).
As for claim 8, Tang discloses that the ratio of the throat opening height to an inner diameter of the conduit (A/D) is in a range between 0.20 and 0.60 (see Fig. 2).
As for claim 14, Tang discloses a system for measuring process fluid flow (Figs. 1 and 2), the system comprising:
a fluid flow conduit (1) having an inlet (left end of 1) and an outlet (right end of 1);
a fluid flow obstruction component (22) located in the fluid flow conduit and comprising a single, uniform, stock material (ceramic, Abstract) machined (the recitation that the material is machined describes the process of making the component and does not structurally distinguish the claimed invention over the prior art) to include:
a rounded outside wall (outside of 21) having a radius of curvature that corresponds with an inner radius of curvature of the fluid flow conduit (see Fig. 2);
an upstream wall having a planar upstream surface that intersects with and is continuous with the rounded outside wall and includes an upstream apex edge (see Figs. 1 and 2); and
a downstream wall having a planar downstream surface that intersects with and is continuous with the rounded outside wall and includes a downstream apex edge (see Figs. 1 and 2);
an apex having a flat surface that extends from the upstream apex edge to the downstream apex edge (see Figs. 1 and 2), the apex intersecting with and being continuous with the upstream wall and intersecting and being continuous with the downstream wall (see Figs. 1 and 2); and
a differential pressure sensor (implied; see the Background) disposed to sense differential process fluid pressure on either side of the fluid flow obstruction component.
As for claim 20, Tang discloses that the apex is spaced apart from an inner surface of the fluid flow conduit by a throat opening height (see Fig. 2), the ratio of the throat opening height to an inner diameter of the conduit being in a range between 0.20 and 0.60 (see Fig. 2).
As for claim 21, Song discloses a fluid flow obstruction component (50) located in a fluid flow conduit for a process fluid flow measuring device comprising:
a single, uniform, stock material (ceramic, Abstract) machined (the recitation of a material that is machined describes the process of making the component and does not structurally distinguish the claimed invention over the prior art) into a wedge element (see Figs. 1 and 2) and including:
a planar upstream wall (see Figs. 1 and 2);
a planar downstream wall (see Figs. 1 and 2);
a truncation located between and connecting the planar upstream wall and the planar downstream wall, wherein the truncation includes a flat surface that extends and is continuous with the planar upstream wall at an upstream truncated edge and extends from and is continuous with the planar downstream wall at a downstream truncated edge (see Figs. 1 and 2).
As for claim 22, Tang discloses that the flat surface of the truncation is oriented at a first obtuse angle relative to the planar upstream wall and is oriented at a second obtuse angle relative to the planar downstream wall (see Fig. 2).
As for claim 23, Tang discloses that the first obtuse angle and the second obtuse angle are the same (see Fig. 2).
As for claim 24, Tang discloses that the planar downstream surface is oriented at a perpendicular angle relative to the planar upstream surface (see Fig. 2).
As for claim 25, Tang discloses a rounded outside wall having a radius of curvature that corresponds with an inner radius of curvature of the conduit and intersects with and is continuous with the planar upstream wall and the planar downstream wall (see Fig. 2).
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 1-8, 14-17 and 19-26 are rejected under 35 U.S.C. 103 as being unpatentable over by KR 20150115471 by Song et al. (“Song”) in view of Applicant’s Admitted Prior Art as disclosed in the Specification (“AAPA”).
As for claim 1, Song discloses a fluid flow obstruction component (50) for a process fluid flow measurement device, the fluid flow obstruction component being located in a fluid flow conduit and comprising:
a material machined (the recitation of a material that is machined describes the process of making the component and does not structurally distinguish the claimed invention over the prior art) to include:
an upstream wall (51) having a planar upstream surface that includes an upstream apex edge (see Figs. 3a and 4);
a downstream wall (53) having a planar downstream surface that includes a downstream apex edge (see Figs. 3a and 4);
an apex (59) having a flat surface that extends from the upstream apex edge to the downstream apex edge (see Figs. 3a and 4), the apex intersecting with and being continuous with the upstream wall and intersecting and being continuous with the downstream wall (see Figs. 3a and 4).
Song does not disclose that the material is a single, uniform stock material.
However, AAPA discloses a material that is a single, uniform stock material (bar stock; paragraph [0028] of the Instant Specification).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the material of Song to be a single, uniform stock material as disclosed by AAPA because the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. See MPEP 2144.07 and in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). The examiner notes that once the elements of Song and AAPA are welded together, they become a single piece.
As for claims 2 and 15, Song as modified by AAPA discloses that the flat surface of the apex (Song: 59) is oriented at a first obtuse angle relative to the planar upstream surface of the upstream wall and the flat surface of the apex is oriented at a second obtuse angle relative to the planar downstream surface of the downstream wall (Song: see Fig. 4).
As for claims 3 and 16, Song as modified by AAPA discloses that the first obtuse angle and the second obtuse angle are the same (Song: see Fig. 4).
As for claims 4 and 17, Song as modified by AAPA discloses that the planar downstream surface is oriented at a perpendicular angle relative to the planar upstream surface (Song: see Fig. 4).
As for claim 5, Song as modified by AAPA discloses a rounded outside wall having a radius of curvature that corresponds with an inner radius of curvature of the conduit and intersects with the upstream wall, the downstream wall and the apex Song: (see Fig. 3a).
As for claims 6, 19 and 26, Song as modified by AAPA discloses that the rounded outside wall of the fluid flow obstruction component is secured to an interior of the fluid flow conduit with at least one anchor (Song: 56, and bolt in Fig. 4).
As for claim 7, Song as modified by AAPA discloses that the apex (59) is spaced apart from an inner surface of the fluid flow conduit by a throat opening height (Song: see Fig. 4).
As for claim 8, Song as modified by AAPA discloses that the ratio of the throat opening height to an inner diameter of the conduit (A/D) is in a range between 0.20 and 0.60 (Song: see Fig. 4).
As for claim 14, Song discloses a system for measuring process fluid flow (Figs. 3a and 4), the system comprising:
a fluid flow conduit (10, 30) having an inlet (left end of 10) and an outlet (right end of 30);
a fluid flow obstruction component (50) located in the fluid flow conduit and comprising a material machined (the recitation of a single uniform stock material that is machined describes the process of making the component and does not structurally distinguish the claimed invention over the prior art) to include:
a rounded outside wall (516, 56, 519) having a radius of curvature that corresponds with an inner radius of curvature of the fluid flow conduit (see Fig. 4);
an upstream wall (51) having a planar upstream surface that intersects with and is continuous with the rounded outside wall and includes an upstream apex edge (see Figs. 3a and 4); and
a downstream wall (53) having a planar downstream surface that intersects with and is continuous with the rounded outside wall and includes a downstream apex edge (see Figs. 3a and 4);
an apex (59) having a flat surface that extends from the upstream apex edge to the downstream apex edge (see Figs. 3a and 4), the apex intersecting with and being continuous with the upstream wall and intersecting and being continuous with the downstream wall (see Figs. 3a and 4); and
a differential pressure sensor (100) disposed to sense differential process fluid pressure on either side of the fluid flow obstruction component.
Song does not disclose that the material is a single, uniform stock material.
However, AAPA discloses a material that is a single, uniform stock material (bar stock; paragraph [0028] of the Instant Specification).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the material of Song to be a single, uniform stock material as disclosed by AAPA because the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. See MPEP 2144.07 and in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). The examiner notes that once the elements of Song and AAPA are welded together, they become a single piece.
As for claim 20, Song as modified by AAPA discloses that the apex (59) is spaced apart from an inner surface of the fluid flow conduit by a throat opening height (Song: see Fig. 4), the ratio of the throat opening height to an inner diameter of the conduit being in a range between 0.20 and 0.60 (Song: see Fig. 4).
As for claim 21, Song discloses a fluid flow obstruction component (50) located in a fluid flow conduit for a process fluid flow measuring device comprising:
a material machined (the recitation of a single uniform stock material that is machined describes the process of making the component and does not structurally distinguish the claimed invention over the prior art) into a wedge element (see Figs. 3a and 4) and including:
a planar upstream wall (51);
a planar downstream wall (53);
a truncation (59) located between and connecting the planar upstream wall and the planar downstream wall, wherein the truncation includes a flat surface that extends and is continuous with the planar upstream wall at an upstream truncated edge and extends from and is continuous with the planar downstream wall at a downstream truncated edge (see Figs. 3a and 4).
Song does not disclose that the material is a single, uniform stock material.
However, AAPA discloses a material that is a single, uniform stock material (bar stock; paragraph [0028] of the Instant Specification).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the material of Song to be a single, uniform stock material as disclosed by AAPA because the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. See MPEP 2144.07 and in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). The examiner notes that once the elements of Song and AAPA are welded together, they become a single piece.
As for claim 22, Song as modified by AAPA discloses that the flat surface of the truncation Song: (59) is oriented at a first obtuse angle relative to the planar upstream wall and is oriented at a second obtuse angle relative to the planar downstream wall (Song: see Fig. 4).
As for claim 23, Song as modified by AAPA discloses that the first obtuse angle and the second obtuse angle are the same (Song: see Fig. 4).
As for claim 24, Song as modified by AAPA discloses that the planar downstream surface is oriented at a perpendicular angle relative to the planar upstream surface (Song: see Fig. 4).
As for claim 25, Song as modified by AAPA discloses a rounded outside wall having a radius of curvature that corresponds with an inner radius of curvature of the conduit and intersects with and is continuous with the planar upstream wall and the planar downstream wall (Song: see Fig. 3a).
Response to Arguments
Applicant’s arguments with respect to claims 1, 14 and 21 have been considered but are moot in view of the new grounds of rejection.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN N OLAMIT whose telephone number is (571)270-1969. The examiner can normally be reached M-F, 8 am - 5 pm (Pacific).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN N OLAMIT/Primary Examiner, Art Unit 2853