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 14 is objected to because of the following informalities: Claim 14 appears to have a typographical error in lines 19-20. The examiner respectfully suggests replacing “the planar upstream surface” with -- the planar downstream surface --. Appropriate correction is required.
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, 2, 5, 7, 21, 22 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2017/0122785 by to Wang (“Wang”).
As for claim 1, Wang discloses a process fluid flow measurement device (Fig. 3) comprising:
a single, continuous fluid flow conduit (60) having an inlet (64) and an outlet (66);
a fluid flow obstruction component (61) located between the inlet and the outlet of the fluid flow conduit (see Fig. 3), being made of a single piece of bar stock material (paragraph [0051]) and including:
an upstream wall (82) having a planar upstream surface (82);
a downstream wall (94) having a planar downstream surface (94);
a truncated apex (86) connecting the upstream wall to the downstream wall and includes a continuous, flat surface (86);
an upstream apex straight li1ne edge (87; paragraph [0030]) located at an intersection of the planar upstream surface and the continuous, flat surface of the truncated apex (see Fig. 3);
a downstream apex straight line edge (92) located at an intersection of the planar downstream surface and the continuous, flat surface of the truncated apex (see Fig. 3)
wherein the truncated apex is continuous with the upstream wall and continuous with the downstream wall (see Fig. 3).
As for claim 2, Wang discloses that the flat surface (Wang: 86) 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 (Wang: see Fig. 3).
As for claim 5, Wang 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 (Wang: see Fig. 3).
As for claim 7, Wang discloses that the apex is spaced apart from an inner surface of the fluid flow conduit by a throat opening height (see Fig. 3).
As for claim 21, Wang discloses a process fluid flow measuring device (Figs. 1 and 2) comprising:
a single, continuous fluid flow conduit (60) having an inlet (64) and an outlet (66);
a wedge element (61) located between the inlet and the outlet of the fluid flow conduit (see Fig. 3), being made of a single piece of bar stock material (paragraph [0051]) and including:
a planar upstream wall (82);
a planar downstream wall (94);
a truncation (61) located between and connecting the planar upstream wall and the planar downstream wall (see Fig. 3), wherein the truncation includes a continuous, flat surface (86) that extends and is continuous with the planar upstream wall and extends from and is continuous with the planar downstream wall (see Fig. 3);
an upstream straight line edge (87; paragraph [0030]) that is located at an intersection of the planar upstream wall and the continuous, flat surface of the truncation (see Fig. 3);
a downstream straight line edge (92) located at an intersection of the planar downstream wall and the continuous, flat surface of the truncation (see Fig. 3)
As for claim 22, Wang 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. 3).
As for claim 25, Wang discloses a rounded outside wall (83) 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. 3).
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);
a downstream wall (Owen: 40) having a planar downstream surface (Owen: 40);
a truncated apex (Tang ‘256: see Fig. 2) connecting the upstream wall to the downstream wall and includes a continuous (Tang ‘256: see Fig. 2),
an upstream apex straight line edge located at an intersection of the planar upstream surface and the continuous, flat surface of the truncated apex (implied by Tang ‘036; see also Wang above which provides a more explicit description in paragraph [0030]);
a downstream apex straight line edge located at an intersection of the planar downstream surface and the continuous, flat surface of the truncated apex (implied by Tang ‘036; see also Wang above which provides a more explicit description in paragraph [0030]);
wherein the truncated apex is continuous with the upstream wall and 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
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
a truncated apex (Tang ‘256: see Fig. 2) having a continuous flat surface intersecting with and being continuous with the upstream wall and intersecting and being continuous with the downstream wall (Tang ‘256: see Fig. 2);
an upstream apex straight line edge located at an intersection of the planar upstream surface and the continuous, flat surface of the truncated apex (implied by Tang ‘036; see also Wang above which provides a more explicit description in paragraph [0030]; and
a downstream apex straight line edge located at an intersection of the planar downstream surface and the continuous, flat surface of the truncated apex (implied by Tang ‘036; see also Wang above which provides a more explicit description in paragraph [0030]).
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 and extends from and is continuous with the planar downstream wall (Tang ‘256: see Fig. 2);
an upstream apex straight line edge located at an intersection of the planar upstream surface and the continuous, flat surface of the truncation (implied by Tang ‘036; see also Wang above which provides a more explicit description in paragraph [0030]);
a downstream apex straight line edge located at an intersection of the planar downstream surface and the continuous, flat surface of the truncation (implied by Tang ‘036; see also Wang above which provides a more explicit description in paragraph [0030]);
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 filed 9/1/2026 have been fully considered but they are not persuasive.
On pages 8-9 of the Remarks, Applicant argues that Tang ‘256 and Tang ‘036 do not disclose an upstream apex straight line edge and a downstream apex straight line edge. The examiner respectfully disagrees. Tang ‘036 discloses a truncated apex that is a flat plane in paragraph [0016]. When this flat plane intersects the upstream and downstream walls of the throttle element, the intersections are straight lines. This is also described in paragraph [0030] of Wang (a previously cited reference). The formation of upstream and downstream apex straight line edges is also illustrated in Figs. 3b and 4 of KR 10-2015-0115471 by Song (a previously cited reference) and in Figs. 1-3 of U.S. Patent 4,961,349 issued to Tanis (a previously cited reference). One having ordinary skill in the art would expect these straight line edges to be part of Tang ‘256, even if Applicant does not believe that these straight lines are clearly illustrated in Tang ‘256.
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).
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/JUSTIN N OLAMIT/Primary Examiner, Art Unit 2853
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