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 .
Response to Arguments
The Applicant amends Independent claim 12, and argues that the reference Malani (WO-2020206030) does not disclose a support unit that directly mechanically connects a medium inlet and a medium outlet such that forces acting on the inlet and the outlet are transmitted therebetween. The Examiner reviewed the Applicant’s argument, looking at figure 5 of the invention the support unit 50 comprises a tube inlet 51 and outlet 52. The fluid moves from a measurement-medium inlet 30 to a first vibration-tube inlet 32 than to a first vibration-tub outlet 33 than to a tube inlet 51 to proceed to tube outlet 52 toward a measurement-medium outlet 31. However, the claim was only amended to say comprising a support unit. In otherwards, the amendment only requires a structure that is a support between the inlet and outlet portion of the medium connection.
Applicant’s arguments, see Remarks, filed 05/11/2026, with respect to the rejection(s) of claim(s) 12-17, 18-22 under 37 C.F.R. 35 U.S.C. §102(a)(1) & §102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Schwenter (DE-102019135303-B4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12-16, 18-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malani (WO-2020206030), in view of, Schwenter (DE-102019135303-B4).
Malani teaches:
In regards to claim 12, Malani teaches a connection unit for at least one vibration-tube module of a modular measuring device for determining the density of a measurement medium, the connection unit comprising: (100 fig. 1, 1100 fig. 11A, ‘flow sensor’; ‘flow sensor’; 1200 fig. 12, ‘flow sensor’; abstract; para(s) [0034-0035, 0041-0042])
a measurement-medium inlet, which extends along a first axis; (100 fig. 1; para [0045])
a measurement-medium outlet, which extends along a second axis; (100 fig. 1; para [0046])
a first vibration-tube inlet, which is fluidically connected to the measurement-medium inlet; and (fig. 1; para [0045])
a first vibration-tube outlet, which is fluidically connected to the measurement-medium outlet, (fig. 1; para [0046])
wherein the first axis and the second axis each form an angle of greater than 45° to the first plane. (100, 144A, 148A, 149A, 144B, 148B, 149B fig. 1, ‘discloses inlet and outlet flow path assemblies of the Y block. With inlet and out let that is greater than 45° if a plane is driven in the device 100.’)
It would have been obvious before the effective filing date of the invention for Malani to provide a modularized Coriolis flowmeter for measurement of desired parameters such as density, mass, and the like.
Malani does not teach:
wherein the measurement-medium inlet and the measurement-medium outlet are opposite each other, separated from each other with respect to a first plane, and directly mechanically connected to each other by at least one support unit such that forces acting on the measurement-medium inlet and the measurement-medium outlet are transmitted therebetween, and
Schwenter teaches:
wherein the measurement-medium inlet and the measurement-medium outlet are opposite each other, separated from each other with respect to a first plane, and directly mechanically connected to each other by at least one support unit such that forces acting on the measurement-medium inlet and the measurement-medium outlet are transmitted therebetween, and ( 5, 20, 21 fig. 1, ‘connecting body’, ‘inlet’, ‘outlet’; ‘shows a connecting body of the measuring device 1 with a connecting portion between an outlet and a inlet’)
It would have been obvious before the effective filing date of the invention for Schwenter to provide a support/connecting body for a modularized Coriolis flowmeter for measurement of desired parameters such as density, mass, and the like.
In regards to claim 13, Malani & Schwenter teach a connection unit according to claim 12, (see claim rejection 12) further comprising a mounting region configured to detachably fasten the connection unit in a modular measuring device. (Malani: 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’)
In regards to claim 14, Malani & Schwenter teach a connection unit according to claim 12, (see claim rejection 12) wherein the connection unit is made of a material comprising a plastic. (Malani: para(s) [0004, 0006, 0032, 0039])
In regards to claim 15, Malani & Schwenter teach a connection unit according to claim 12, (see claim rejection 12) wherein the first vibration-tube inlet extends along a third axis and the first vibration-tube outlet extends along a fourth axis, the third axis and the fourth axis lying in a second plane, which is arranged orthogonally to the first plane. (Malani: ‘fig 1 shows and inlet path 142A though a hose barb 149A a first inlet and a U-shaped flow tube with a fist vibrational portion of the first tube in its defined axis and a second portion of second vibrational portion of second tube defined in its axis with a barb 148B and outlet.’)
In regards to claim 16, Malani & Schwenter teach a connection unit according to claim 12, (see claim rejection 12) further comprising a second vibration- tube inlet, which is fluidically connected to the measurement-medium inlet, and a second vibration-tube outlet, which is fluidically connected to the measurement-medium outlet, such that the connection unit is operable for a second vibration tube of the modular measuring device. (Malani: ‘fig 1 shows and inlet path 142A though a hose barb 149A a first inlet and a U-shaped flow tube with a fist vibrational portion of the first tube in its defined axis and a second portion of second vibrational portion of second tube defined in its axis with a barb 148B and outlet.’)
In regards to claim 18, Malani & Schwenter teach a vibration-tube module for a modular measuring device, the vibration-tube module comprising: (Malani: 100 fig. 1, 1100 fig. 11A, ‘flow sensor’; ‘flow sensor’; 1200 fig. 12, ‘flow sensor’; abstract; para(s) [0034-0035, 0041-0042])
a connection unit according to claim 12, (Malani: ‘fig 1 shows and inlet path 142A though a hose barb 149A a first inlet and a U-shaped flow tube with a fist vibrational portion of the first tube in its defined axis and a second portion of second vibrational portion of second tube defined in its axis with a barb 148B and outlet.’)
a first vibration tube including a fixing portion, a first tube entrance, and a first tube exit, (Malani: 100 fig. 1; para [0045-0046])
wherein the fixing portion is complementary to a fastening region of the connection unit, and wherein the fixing portion is connected to the fastening region in a force-closed manner by gluing, screwing, welding, or riveting, and (Malani: 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’)
wherein the first tube entrance is connected to the first vibration-tube inlet of the connection unit, and the first tube exit is connected to the first vibration-tube outlet of the connection unit. (Malani: ‘fig 1 shows and inlet path 142A though a hose barb 149A a first inlet and a U-shaped flow tube with a fist vibrational portion of the first tube in its defined axis and a second portion of second vibrational portion of second tube defined in its axis with a barb 148B and outlet.’)
In regards to claim 19, Malan & Schwenter teach a vibration-tube module according to claim 18, (see claim rejection 18) wherein a pin of the fixing portion is welded to a through hole of the fastening region. (Malani: 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’; para(s) [0074-0076, 00104], ‘;discloses methods to attach bottom portions of pipes for example molding, glue, epoxy.’)
In regard to claim 20, Malani & Schwenter teach a modular measuring device for determining the density of a measurement medium, the modular measuring device comprising: (Malani: 100 fig. 1, 1100 fig. 11A, ‘flow sensor’; ‘flow sensor’; 1200 fig. 12, ‘flow sensor’; abstract; para(s) [0034-0035, 0041-0042])
a vibration-tube module according toa vibration-tube module according to a holding device operable to being connected to the mounting region of the connection unit as to detachably fasten the vibration-tube module in the holding device. (Malani: 100 fig. 1, 1100 fig. 11A, ‘flow sensor’; ‘flow sensor’; 1200 fig. 12, ‘flow sensor’; abstract; para(s) [0034-0035, 0041-0042]; 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’)
In regards to claim 21, Malani & Schwenter teach a modular measuring device according to claim 20, (see claim rejection 20) further comprising a locking element for releasably locking the vibration-tube module in the measuring device in the mounting region. (Malani: 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’)
In regards to claim 22, Malani & Schwenter teach a modular measuring device according to claim 21, (see claim rejection 21) wherein the locking element is a clamping lock. (Malani: 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 17, 27-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malani (WO-2020206030), in view of, Schwenter (DE-102019135303-B4).
Malani teaches:
In regards to claim 17, Malani teaches a connection unit for at least one vibration-tube module of a modular measuring device for determining the density of a measurement medium, the connection unit comprising: (100 fig. 1, 1100 fig. 11A, ‘flow sensor’; ‘flow sensor’; 1200 fig. 12, ‘flow sensor’; abstract; para(s) [0034-0035, 0041-0042])
a measurement-medium inlet, which extends along a first axis; (100 fig. 1; para [0045])
a measurement-medium outlet, which extends along a second axis; a tubular support unit, which includes a tube inlet and a tube outlet; (100 fig. 1; para [0046])
a first vibration-tube inlet, which is fluidically connected to the measurement-medium inlet; (fig. 1; para [0045])
a first vibration-tube outlet, which is connected to the tube inlet of the tubular support unit; (fig. 1; para [0045])
a second vibration-tube inlet, which is connected to the tube outlet of the tubular support unit; and (100 fig. 1; para [0046])
a second vibration-tube outlet, which is fluidically connected to the measurement-medium outlet, (100 fig. 1; para [0046])
wherein the first axis and the second axis each form an angle of greater than 450 to the first plane. (100, 144A, 148A, 149A, 144B, 148B, 149B fig. 1, ‘discloses inlet and outlet flow path assemblies of the Y block. With inlet and out let that is greater than 45° if a plane is driven in the device 100.’)
It would have been obvious before the effective filing date of the invention for Malani to provide a modularized Coriolis flowmeter for measurement of desired parameters such as density, mass, and the like.
Malani does not teach:
wherein the measurement-medium inlet and the measurement-medium outlet are opposite each other, separated from each other with respect to a first plane, and mechanically connected to each other by the tubular support unit, and
Schwenter teaches:
wherein the measurement-medium inlet and the measurement-medium outlet are opposite each other, separated from each other with respect to a first plane, and mechanically connected to each other by the tubular support unit, and (5, 20, 21 fig. 1, ‘connecting body’, ‘inlet’, ‘outlet’; ‘shows a connecting body of the measuring device 1 with a connecting portion between an outlet and a inlet’)
It would have been obvious before the effective filing date of the invention for Schwenter to provide a support/connecting body for a modularized Coriolis flowmeter for measurement of desired parameters such as density, mass, and the like.
In regards to claim 27, Melani & Schwenter teach a vibration-tube module for a modular measuring device, the vibration-tube module comprising: (Melani: 100 fig. 1, 1100 fig. 11A, ‘flow sensor’; ‘flow sensor’; 1200 fig. 12, ‘flow sensor’; abstract; para(s) [0034-0035, 0041-0042])
a connection unit according to claim 17; (Schwenter: 3.1, 3.2, 5, 9, 10, 20, 21 fig. 1, ‘measuring tubes’, ‘connecting body’, ‘pipe connection openings’, ‘inlet channel’, ‘inlet’, ‘outlet’; ‘shows a connecting body of the measuring device 1 with a connecting portion between an outlet and a inlet’; 22 fig. 3, ‘process line’; 17, 22, 26, 30, 31.3 fig(s) 4-5, ‘core arrangement’, ‘base body’; ‘embodiments of connecting with a connecting body.’)
a first vibration tube including a fixing portion, a first tube entrance, and a first tube exit, (Melani: fig. 1; para [0045]; 100 fig. 1; para [0046])
wherein the fixing portion is complementary to a fastening region of the connection unit, and wherein the fixing portion is connected to the fastening region in a force-closed manner by gluing, screwing, welding, or riveting; and (Schwenter: 3.1, 3.2, 5, 9, 10, 20, 21 fig. 1, ‘measuring tubes’, ‘connecting body’, ‘pipe connection openings’, ‘inlet channel’, ‘inlet’, ‘outlet’; ‘shows a connecting body of the measuring device 1 with a connecting portion between an outlet and a inlet’; 22 fig. 3, ‘process line’; 17, 22, 26, 30, 31.3 fig(s) 4-5, ‘core arrangement’, ‘base body’; ‘embodiments of connecting with a connecting body.’)
wherein the first tube entrance is connected to the first vibration-tube inlet of the connection unit, and the first tube exit is connected to the first vibration-tube outlet of the connection unit. (Schwenter: 3.1, 3.2, 5, 9, 10, 20, 21 fig. 1, ‘measuring tubes’, ‘connecting body’, ‘pipe connection openings’, ‘inlet channel’, ‘inlet’, ‘outlet’; ‘shows a connecting body of the measuring device 1 with a connecting portion between an outlet and a inlet’; 22 fig. 3, ‘process line’; 17, 22, 26, 30, 31.3 fig(s) 4-5, ‘core arrangement’, ‘base body’; ‘embodiments of connecting with a connecting body.’)
In regards to claim 28, Melana & Schwenter teach a vibration-tube module according to claim 27, wherein a pin of the fixing portion is welded to a through hole of the fastening region. (Malani: 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’)
In regards to claim 29, Melani & Schwenter teach a modular measuring device for determining the density of a measurement medium, the modular measuring device comprising: (100 fig. 1, 1100 fig. 11A, ‘flow sensor’; ‘flow sensor’; 1200 fig. 12, ‘flow sensor’; abstract; para(s) [0034-0035, 0041-0042])
a vibration-tube module according to claim 27; and (Melani: fig. 1; para [0045]; 100 fig. 1; para [0046])
a holding device operable to being connected to the mounting region of the connection unit as to detachably fasten the vibration-tube module in the holding device. (Schwenter: 3.1, 3.2, 5, 9, 10, 20, 21 fig. 1, ‘measuring tubes’, ‘connecting body’, ‘pipe connection openings’, ‘inlet channel’, ‘inlet’, ‘outlet’; ‘shows a connecting body of the measuring device 1 with a connecting portion between an outlet and a inlet’; 22 fig. 3, ‘process line’; 17, 22, 26, 30, 31.3 fig(s) 4-5, ‘core arrangement’, ‘base body’; ‘embodiments of connecting with a connecting body.’)
In regards to claim 30, Malani & Schwenter teach a modular measuring device according to claim 29, (see claim rejection 29) further comprising a locking element for releasably locking the vibration-tube module in the measuring device in the mounting region. (Malani: 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’)
In regards to claim 31, Malani & Schwenter teach a modular measuring device according to claim 30, (see claim rejection 30) wherein the locking element is a clamping lock. (Malani: 165 fig. 1, ‘enclosure lid’; 1120 fig. 11A, ‘support’; 1220, 1230 fig. 12, ‘cradle’, ‘latch’)
Allowable Subject Matter
Claim(s) 23-26 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The Examiner completed a Similarity search and a PE2E-Interference Search. The closest references in addition to Schwenter (DE-102019135303-B4) found to be similar to the application (CN-117063056), (CN-120936852), (DE-102015109790), (DE- 102020131563), (DE- 102023106215), (EP-0320508), (DP-4078104), JP-H08508340). However, the support structure recited above was not completely shown, or in some cases was not all connected but separately connected. Claims 23, 24 disclose a strut or struts which the Examiner did not find in the prior art search. Claims 24-26 depend from claim 23.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited Werner (CN-121057925), Cage (US 4,768,385), and Keita(US 2011/0088486) references further describe a modularized Coriolis flowmeter as described by the claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN C BUTLER whose telephone number is (571)270-3973. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie E Bloss can be reached at (571)272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.C.B/Examiner, Art Unit 2852
/STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852
