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 .
Information Disclosure Statement
The information disclosure statements submitted on 3/4/2024 and 9/24/2024 have been 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.
Claim 2 is 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.
Claim 2 recites “an outer surface” in line 2. It is unclear whether or not this outer surface is the same outer surface recited in claim 1. The examiner has interpreted the claim to mean that it is the same outer surface. The examiner respectfully suggests replacing “an outer surface” with -- [[an]] the outer surface --.
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 1-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “On the Development of a Novel Acoustic Flowmeter for High-Temperature Gas-Cooled Reactors” by Mao et al. (“Mao”) as provided in the IDS dated 9/24/2024.
As for claim 1, Mao discloses a passive acoustic gas wave generator of a gas pipe, the passive acoustic gas wave generator comprising:
a tube body (see Fig. 8) having a tube gas flow passage spanning between an inlet opening and an outlet opening, the tube body having a plurality of corrugations residing at an inner surface of the tube body; and
a support structure (see Fig. 8) extending from an outer surface of the tube body and extending to an inside surface of the gas pipe, the support structure locating the tube gas flow passage of the tube body generally centrally with respect to a pipe gas flow passage of the gas pipe.
As for claim 2, Mao discloses that an annular clearance resides between an outer surface of the tube body and the inside surface of the gas pipe, the annular clearance spanning a full longitudinal extent of the tube body (see Fig. 8).
As for claim 3, Mao discloses that the support structure comprises a plurality of fins extending from the outer surface of the tube body and extending to the inside surface of the gas pipe (see Fig. 8).
As for claim 4, Mao discloses a high-temperature gas pipe assembly, comprising the gas pipe and the passive acoustic gas wave generator of claim 1 (see Fig. 8).
As for claim 5, the examiner notes that the claim recites the process of making the assembly and does not structurally distinguish the claimed invention over the prior art.
As for claim 6, Mao discloses that the gas pipe and the passive acoustic gas wave generator constitute a tube-in-tube construction (see Fig. 8).
As for claim 7, Mao discloses an acoustic gas flow meter assembly comprising the passive acoustic gas wave generator of claim 1 (see Fig. 8).
As for claim 10, Mao discloses that the tube body has at least one smooth section residing at the inner surface of the tube body, the at least one smooth section located upstream of the plurality of corrugations, downstream of the plurality of corrugations, or both upstream and downstream of the plurality of corrugations (see Fig. 8).
Claims 1, 2, 4-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 3,943,884 issued to Majkrzak (“Majkrzak”).
As for claim 1, Majkrzak discloses a passive acoustic gas wave generator (Fig. 1) of a gas pipe (“Plenum Chamber” in Fig. 3), the passive acoustic gas wave generator comprising:
a tube body (2) having a tube gas flow passage spanning between an inlet opening and an outlet opening (see Fig. 1), the tube body having a plurality of corrugations residing at an inner surface of the tube body (see Fig. 1); and
a support structure (”Outboard Support” in Fig. 3) extending from an outer surface of the tube body and extending to an inside surface of the gas pipe (see Fig. 3), the support structure locating the tube gas flow passage of the tube body generally centrally with respect to a pipe gas flow passage of the gas pipe (see Fig. 3).
As for claim 2, Majkrzak discloses that an annular clearance resides between an outer surface of the tube body and the inside surface of the gas pipe, the annular clearance spanning a full longitudinal extent of the tube body (see Fig. 3).
As for claim 4, Majkrzak discloses a high-temperature gas pipe assembly (see Fig. 3), comprising the gas pipe and the passive acoustic gas wave generator of claim 1.
As for claim 5, the examiner notes that the claim recites the process of making the assembly and does not structurally distinguish the claimed invention over the prior art.
As for claim 6, Majkrzak discloses that the gas pipe and the passive acoustic gas wave generator constitute a tube-in-tube construction (see Fig. 3).
As for claim 7, Majkrzak discloses an acoustic gas flow meter assembly comprising the passive acoustic gas wave generator of claim 1 (see Fig. 3).
As for claim 10, Majkrzak discloses that the tube body has at least one smooth section residing at the inner surface of the tube body, the at least one smooth section located upstream of the plurality of corrugations (see Fig. 4), downstream of the plurality of corrugations, or both upstream and downstream of the plurality of corrugations.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 2,033,157 issued to Simmons (“Simmons”).
As for claim 1, Simmons discloses a passive acoustic gas wave generator of a gas pipe, the passive acoustic gas wave generator comprising:
a tube body (20) having a tube gas flow passage spanning between an inlet opening (22) and an outlet opening (23), the tube body having a plurality of corrugations residing at an inner surface of the tube body (see Fig. 2); and
a support structure (39, 40) extending from an outer surface of the tube body and extending to an inside surface of the gas pipe (see Figs. 2 and 3), the support structure locating the tube gas flow passage of the tube body generally centrally with respect to a pipe gas flow passage of the gas pipe (see Figs. 2 and 3).
As for claim 2, Simmons discloses that an annular clearance resides between an outer surface of the tube body and the inside surface of the gas pipe, the annular clearance spanning a full longitudinal extent of the tube body (see Figs. 2 and 3).
As for claim 3, Simmons discloses that the support structure (39, 40) comprises a plurality of fins (see Fig. 5) extending from the outer surface of the tube body and extending to the inside surface of the gas pipe.
As for claim 4, Simmons discloses a high-temperature gas pipe assembly, comprising the gas pipe and the passive acoustic gas wave generator of claim 1 (see Figs. 2, 3 and 5).
As for claim 5, the examiner notes that the claim recites the process of making the assembly and does not structurally distinguish the claimed invention over the prior art.
As for claim 6, Simmons discloses that the gas pipe and the passive acoustic gas wave generator constitute a tube-in-tube construction (see Figs. 2 and 3).
As for claim 7, Simmons discloses an acoustic gas flow meter assembly comprising the passive acoustic gas wave generator of claim 1 (see Figs. 2 and 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8, 9, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over “On the Development of a Novel Acoustic Flowmeter for High-Temperature Gas-Cooled Reactors” by Mao et al. (“Mao”) as provided in the IDS dated 9/24/2024 in view of U.S. Patent Application Publication 2021/0396554 by Cetiner et al. (“Cetiner”).
As for claim 8, Mao discloses the acoustic gas flow meter assembly as set forth in claim 7 (see the rejection of claim 7) and an acoustic emission sensor located at least adjacent the passive acoustic gas wave generator (Microphone; see Fig. 2).
Mao does not disclose a temperature sensor located at least adjacent the passive acoustic gas wave generator.
However, Cetiner discloses a temperature sensor (16) located at least adjacent a passive acoustic gas wave generator (12).
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 acoustic gas flow meter assembly of Mao by including the temperature sensor as disclosed by Cetiner in order to take temperature variations into consideration when determining gas flow rates (Cetiner: paragraph [0053]).
As for claim 9, Mao as modified by Cetiner discloses a controller (Cetiner: 18) electrically coupled to the acoustic emission sensor and electrically coupled to the temperature sensor.
As for claim 11, Mao discloses a tube-in-tube acoustic gas flow meter assembly of a gas pipe, the tube-in-tube acoustic gas flow meter assembly comprising:
a passive acoustic gas wave generator having a tube body and a support structure, a tube gas flow passage residing in the tube body and spanning between an inlet opening and an outlet opening (see Fig. 8), a plurality of corrugations disposed at an inner surface of the tube body (see Fig. 8), the support structure extending from an outer surface of the tube body and extending to an inside surface of the gas pipe (see Fig. 8), the support structure locating the tube gas flow passage of the tube body generally centrally with respect to a pipe gas flow passage of the gas pipe (see Fig. 8), wherein an annular clearance resides between an outer surface of the tube body and the inside surface of the gas pipe (see Fig. 8);
an acoustic emission sensor located at an outside surface of the gas pipe and adjacent the passive acoustic gas wave generator (see Fig. 8).
Mao does not disclose a temperature sensor located within the tube gas flow passage.
However, Cetiner discloses a temperature sensor (16) located within the tube gas flow passage (see Fig. 2).
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 acoustic gas flow meter assembly of Mao by including the temperature sensor as disclosed by Cetiner in order to take temperature variations into consideration when determining gas flow rates (Cetiner: paragraph [0053]).
As for claim 12, Mao as modified by Cetiner discloses that the support structure comprises a plurality of fins extending from the outer surface of the tube body and extending to the inside surface of the gas pipe (Mao: see Fig. 8).
As for claim 13, Mao as modified by Cetiner discloses a controller (Cetiner: 18) electrically coupled to the acoustic emission sensor and electrically coupled to the temperature sensor.
As for claim 14, Mao as modified by Cetiner discloses the gas pipe, wherein the gas pipe has a smooth section residing at the inside surface thereof at least adjacent a location of the passive acoustic gas wave generator (Mao: see Fig. 8).
As for claim 15, Mao discloses a tube-in-tube acoustic gas flow meter assembly of a gas pipe, the tube-in- tube acoustic gas flow meter assembly comprising:
a passive acoustic gas wave generator having a tube body and a plurality of fins (see Fig. 8), a tube gas flow passage residing in the tube body and spanning between an inlet opening and an outlet opening (see Fig. 8), a plurality of corrugations disposed at an inner surface of the tube body (see Fig. 8), the plurality of fins extending from an outer surface of the tube body and extending to an inside surface of the gas pipe (see Fig. 8), the plurality of fins locating the tube gas flow passage of the tube body generally centrally with respect to a pipe gas flow passage of the gas pipe (see Fig. 8), wherein an annular clearance resides between an outer surface of the tube body and the inside surface of the gas pipe (see Fig. 8);
an acoustic emission sensor located at an outside surface of the gas pipe and adjacent the passive acoustic gas wave generator (see Fig. 8);
the gas pipe, the gas pipe having a smooth section residing at the inside surface thereof at least adjacent a location of the passive acoustic gas wave generator (see Fig. 8).
Mao does not disclose a temperature sensor located within the tube gas flow passage.
However, Cetiner discloses a temperature sensor (16) located within the tube gas flow passage (see Fig. 2).
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 acoustic gas flow meter assembly of Mao by including the temperature sensor as disclosed by Cetiner in order to take temperature variations into consideration when determining gas flow rates (Cetiner: paragraph [0053]).
Mao as modified by Cetiner discloses a controller (Cetiner: 18) electrically coupled to the acoustic emission sensor and electrically coupled to the temperature sensor.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 2,033,157 issued to Simmons (“Simmons”) in view of U.S. Patent 10,495,524 issued to Donderici et al. (“Donderici”).
As for claim 8, Simmons discloses the acoustic gas flow meter assembly as set forth in claim 7 (see the rejection of claim 7 above).
Simmons does not disclose an acoustic emission sensor located at least adjacent the passive acoustic gas wave generator, and a temperature sensor located at least adjacent the passive acoustic gas wave generator. Simmons discloses that the assembly can function as a well-bore casing (page 2, col. 2, lines 33-42).
However, Donderici discloses an acoustic emission sensor (DAS; 106; col. 13, lines 29-59) located at least adjacent the passive acoustic gas wave generator, and a temperature sensor (DTS; 106; col. 13, lines 29-59) located at least adjacent the passive acoustic gas wave generator. Donderici discloses that the sensors are used in a well-bore casing (Abstract).
Simmons and Donderici included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. One of ordinary skill in the art could have combined the sensors of Donderici with the assembly of Simmons by mounting the sensors to the assembly as suggested by Figs. 1a-1d of Donderici, and that in combination, the sensors and assembly merely perform the same function as each does separately. Therefore, 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 assembly of Simmons to include the sensors of Donderici to achieve the predictable result of providing sensors that can measure sounds and temperature.
As for claim 9, Simmons as modified by Donderici discloses a controller (Donderici: 308) electrically coupled to the acoustic emission sensor and electrically coupled to the temperature sensor (see Fig. 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent 4,122,298 issued to Brandt (“Brandt”) is cited for all that it discloses including a corrugated tube body and a plurality of fins located within a pipe.
U.S. Patent 4,393,721 issued to Turner et al. (“Turner”) is cited for all that it discloses including a corrugated tube body located within a pipe.
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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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