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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/20/2026 has been entered.
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 U.S. Patent 4,926,698 issued to Owen (“Owen”) in view of Applicant’s Admitted Prior Art as disclosed in the Specification (“AAPA”), CN 110646036 by Tang et al. (“Tang ‘036”) and CN 110514256 by Tang et al. (“Tang ‘256”).
As for claim 1, Owen discloses a process fluid flow measurement device (Figs. 1 and 2) comprising:
a single, continuous fluid flow conduit (12) having an inlet (see Fig. 2) and an outlet (see Fig. 2);
a fluid flow obstruction component (30) located between the inlet and the outlet of the fluid flow conduit (see Fig. 2) comprising a material, including:
an upstream wall (36) having a planar upstream surface (36);
a downstream wall (40) having a planar downstream surface (40);
Owen does not disclose that the material is a single piece of bar stock material.
However, AAPA discloses a material that is a single piece of bar 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 Owen to be a single piece of bar 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).
Owen as modified by AAPA does not disclose a truncated apex having a continuous, flat surface.
However, Tang ‘256 discloses a truncated apex having a continuous, flat surface (see Fig. 2). Tang ‘036 also discloses a truncated apex having a continuous, flat surface (paragraph [0016]).
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 apex of the fluid flow obstruction component of Owen and AAPA to have a flat surface as disclosed by Tang ‘256 in order to prevent wear of the apex of the fluid flow obstruction component (Tang ‘036: paragraph [0016]).
Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses a fluid flow obstruction component (Owen: 30) located between the inlet and the outlet of the fluid flow conduit (Owen: see Fig. 2) being made of a single pieces of bar stock material (AAPA: paragraph [0028]) and including:
an upstream wall (Owen: 36) having a planar upstream surface (Owen: 36) that includes an upstream apex edge (Tang: 256: see Fig. 2);
a downstream wall (Owen: 40) having a planar downstream surface (Owen: 40) that includes a downstream apex edge (Tang ‘256: see Fig. 2);
a truncated apex (Tang ‘256: see Fig. 2) having a continuous, flat surface that extends from the upstream apex edge to the downstream apex edge (Tang ‘256: see Fig. 2), the truncated apex intersecting with and being continuous with the upstream wall and intersecting and being continuous with the downstream wall (Tang ‘256: see Fig. 2).
As for claims 2 and 15, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 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 (Tang ‘256: see Fig. 2).
As for claims 3 and 16, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses that the first obtuse angle and the second obtuse angle are the same (Tang ‘256: see Fig. 2).
As for claims 4 and 17, Owen as presently modified by AAPA, Tang ‘256 and Tang ‘036 discloses the device of claim 1 and the system of claim 14 (see the rejections of claims 1 and 14).
Owen as presently modified by AAPA, Tang ‘256 and Tang ‘036 does not disclose that that the planar downstream surface is oriented at a perpendicular angle relative to the planar upstream surface.
However, Tang ‘036 discloses that a planar downstream surface is oriented at a perpendicular angle relative to a planar upstream surface (Tang ‘036: paragraph [0016]).
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 planar downstream surface and planar upstream surface of Owen, AAPA, Tang ‘256 and Tang ‘036 to be perpendicular as disclosed by Tang ‘036 in order to minimize the wear and impact of fluid on the fluid flow obstruction component (Tang ‘036: paragraph [0016]).
As for claim 5, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses a rounded outside wall having a radius of curvature that corresponds with an inner radius of curvature of the fluid flow conduit and intersects with the upstream wall, the downstream wall and the apex (Owen: see Fig. 4).
As for claims 6 and 19, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 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 (Owen: see Fig. 1).
As for claim 7, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses that the apex (Owen: 44) is spaced apart from an inner surface of the fluid flow conduit by a throat opening height (Owen: see Fig. 2).
As for claim 8, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses that the ratio of the throat opening height to an inner diameter of the fluid flow conduit (A/D) is in a range between 0.20 and 0.60 (Owen: col. 4, lines 17-31).
As for claim 14, Owen discloses a system for measuring process fluid flow (Figs. 1 and 2), the system comprising:
a single, continuous fluid flow conduit (12) having an inlet (see Fig. 2) and an outlet (see Fig. 2);
a fluid flow obstruction component (30) located between the inlet and the outlet in the fluid flow conduit (see Fig. 2) and comprising a material including:
a rounded outside wall (48) having a radius of curvature that corresponds with an inner radius of curvature of the fluid flow conduit (see Fig. 4);
an upstream wall (36) having a planar upstream surface (36) that intersects with and is continuous with the rounded outside wall (see Figs. 3 and 4); and
a downstream wall (40) having a planar downstream surface (40) that intersects with and is continuous with the rounded outside wall (see Figs. 3 and 4); and
a differential pressure sensor (64, 66, 80) disposed to sense differential process fluid pressure on either side of the fluid flow obstruction component.
Owen does not disclose that the material is a single piece of bar stock material.
However, AAPA discloses a material that is a single pieces of bar 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 Owen to be a single piece of bar 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).
Owen as modified by AAPA does not disclose a truncated apex having a continuous, flat surface.
However, Tang ‘256 discloses a truncated apex having a continuous, flat surface (see Fig. 2). Tang ‘036 also discloses a truncated apex having a continuous, flat surface (paragraph [0016]).
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 apex of the fluid flow obstruction component of Owen and AAPA to have a flat surface as disclosed by Tang ‘256 in order to prevent wear of the apex of the fluid flow obstruction component (Tang ‘036: paragraph [0016]).
Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses a fluid flow obstruction component (Owen: 30) located between the inlet and the outlet in the fluid flow conduit (Owen: see Fig. 2) and comprising a single piece of bar stock material (AAPA: paragraph [0028]) including:
a rounded outside wall (Owen: 48) having a radius of curvature that corresponds with an inner radius of curvature of the fluid flow conduit (Owen: see Fig. 4);
an upstream wall (Owen: 36) having a planar upstream surface (Owen: 36) that intersects with and is continuous with the rounded outside wall (Owen: see Figs. 3 and 4) and includes an upstream apex edge (Tang ‘256: see Fig. 2) ; and
a downstream wall (Owen: 40) having a planar downstream surface (Owen: 40) that intersects with and is continuous with the rounded outside wall (Owen see Figs. 3 and 4) and includes a downstream apex edge (Tang ‘256: see Fig. 2); and
a truncated apex (Tang ‘256: see Fig. 2) having a continuous flat surface that extends from the upstream apex edge to the downstream apex edge (Tang ‘256: see Fig. 2), the truncated apex intersecting with and being continuous with the upstream wall and intersecting and being continuous with the downstream wall (Tang ‘256: see Fig. 2).
As for claim 20, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses that the apex (Owen: 44) is spaced apart from an inner surface of the fluid flow conduit by a throat opening height (Owen: 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 (Owen: col. 4, lines 17-31).
As for claim 21, Owen discloses a process fluid flow measuring device (Figs. 1 and 2) comprising:
a single, continuous fluid flow conduit (12) having an inlet (see Fig. 2) and an outlet (see Fig. 2);
a wedge element located between the inlet and the outlet of the fluid flow conduit (see Fig. 2), being made of a material and including:
a planar upstream wall (36); and
a planar downstream wall (40).
Owen does not disclose that the material is a single piece of bar stock material.
However, AAPA discloses a material that is a single piece of bar 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 Owen to be a single piece of bar 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).
Owen as modified by AAPA does not disclose a truncation as recited.
However, Tang ‘256 discloses a truncation that includes a continuous, flat surface (see Fig. 2). Tang ‘036 also discloses a truncation that includes a continuous, flat surface (paragraph [0016]).
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 wedge element of Owen and AAPA to have a truncation as disclosed by Tang ‘256 in order to prevent wear of the apex of the fluid flow obstruction component (Tang ‘036: paragraph [0016]).
Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses a truncation (Tang ‘256: see Fig. 2) located between and connecting the planar upstream wall and the planar downstream wall (Tang ‘256: see Fig. 2), wherein the truncation includes a continuous, 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 (Tang ‘256: see Fig. 2).
As for claim 22, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 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 (Tang ‘256: see Fig. 2).
As for claim 23, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 discloses that the first obtuse angle and the second obtuse angle are the same (Tang ‘256: see Fig. 2).
As for claim 24, Owen as presently modified by AAPA, Tang ‘256 and Tang ‘036 discloses the device of claim 21 (see the rejections of claim 21).
Owen as presently modified by AAPA, Tang ‘256 and Tang ‘036 does not disclose that that the planar downstream wall is oriented at a perpendicular angle relative to the planar upstream wall.
However, Tang ‘036 discloses that a planar downstream wall is oriented at a perpendicular angle relative to a planar upstream wall (Tang ‘036: paragraph [0016]).
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 planar downstream wall and planar upstream wall of Owen, AAPA, Tang ‘256 and Tang ‘036 to be perpendicular as disclosed by Tang ‘036 in order to minimize the wear and impact of fluid on the fluid flow obstruction component (Tang ‘036: paragraph [0016]).
As for claim 25, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 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 (Owen: see Fig. 4).
As for claim 26, Owen as modified by AAPA, Tang ‘256 and Tang ‘036 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 (Owen: see Fig. 1).
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
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN N OLAMIT/Primary Examiner, Art Unit 2853
Prosecution Insights