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 4, 7, 9, and 11 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.
The term “about” in claims 4, 7, 9 and 11 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear if the ranges recited in the respective claims are the actual working ranges being claimed or not. Therefore, the claim has been rendered indefinite.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al US20160011033 (hereinafter “Chen”).
Regarding claim 1, Chen discloses a fluid measurement device (Multiphase fluid flowrate metering device, abstract), comprising: a fluid container (pipeline) defining an interior and having a diameter line; an exempt gamma-ray source (gamma ray emitter-B) located outside the fluid container; and a gamma-ray detector (gamma ray detector-B’) located outside the fluid container, the exempt gamma-ray source and the gamma-ray detector defining a photon path that traverses the interior of the fluid container parallel to, and spaced apart from, the diameter line (Paragraph 0022, 0025-0039). (See also claim 1, Fig 2 and 0040-0140)
Regarding claim 2, Chen discloses the fluid measurement device is a Venturi device and the fluid container is a fluid flow conduit of the Venturi device. (Paragraph 0034 discloses the device can be any suitable metering device including a venturi flow meter)
Regarding claim 3, Chen discloses the fluid measurement device is a portable static fluid device and the fluid container is a static fluid container. (Paragraph 0022, 0025-0039). (See also claim 1, Fig 2 and 0040-0140)
Regarding claim 4, Chen discloses a length of the photon path is from about 3 cm to about 6 cm. (Paragraph 0022, 0025-0039). (See also claim 1, Fig 2 and 0040-0140)
Regarding claim 5, Chen discloses the fluid measurement device is a fluid flow measurement device and the fluid container is a fluid flow conduit. (Paragraph 0034)
Claim Rejections - 35 USC § 103
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 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 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al US20160011033 (hereinafter “Chen”) in view of Xie et al US20210404849 (hereinafter “Xie”).
Regarding claim 6, Chen discloses the device according to claim 2.
However, Chen fails to disclose the fluid flow conduit has an inlet side, a narrow portion, and an outlet side, the photon path is a first photon path, and the first photon path is positioned at the inlet side, and further comprising a microwave source and a microwave detector, the microwave source and the microwave detector defining a second photon path, and the microwave source and the microwave detector being positioned to dispose the second photon path at the narrow portion. Xie discloses the fluid flow conduit (pipe-222) has an inlet side, a narrow portion, and an outlet side, the photon path is a first photon path (path defined by gamma ray sensor-316), and the first photon path is positioned at the inlet side, and further comprising a microwave source (microwave transmitters-306/310) and a microwave detector (microwave receivers-308/312), the microwave source and the microwave detector defining a second photon path, and the microwave source and the microwave detector being positioned to dispose the second photon path at the narrow portion (Paragraphs 0094-0099, Fig 3A-B).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 7, Chen discloses the device according to claim 2.
However, Chen fails to disclose a length of the first path is from about 3 cm to about 6 cm. Xie discloses a length of the first path is from about 3 cm to about 6 cm. (Paragraph 0194-0200, Fig 15)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 8, Chen discloses the device according to claim 2.
However, Chen fails to disclose the first photon path is angled with respect to the second photon path. Xie discloses the first photon path is angled with respect to the second photon path. (Paragraph 0194-0200, Fig 15)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 9, Chen discloses a fluid measurement device (Multiphase fluid flowrate metering device, abstract), comprising: a fluid container (pipeline) defining an interior; an exempt gamma-ray source (gamma ray emitter-B) located external to an outer wall of the fluid container to emit photons into the interior of the fluid container; and a gamma-ray detector (gamma ray detector-B’) located external to the outer wall of the fluid container, the exempt gamma-ray source and the gamma-ray detector defining a photon path having a photon path length (Figs 1 and 3), wherein at least a portion of the photon path traverses the interior of the fluid container, and the photon path is along a non-diametric chord of the fluid container (Paragraphs 022, 0025-0039). (See also claim 1, Fig 2 and 0040-0140)
However, Chen fails to disclose a photon path length of from about 3 cm to about 6 cm. Xie discloses a photon path length of from about 3 cm to about 6 cm. (Paragraph 0194-0200, Fig 15)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 10, Chen in view of Xie discloses the device according to claim 9.
Furthermore, Chen discloses the fluid measurement device is a Venturi device and the fluid container is a fluid flow conduit of the Venturi device. (Paragraph 0034 discloses the device can be any suitable metering device including a venturi flow meter)
Regarding claim 11, Chen in view of Xie discloses the device according to claim 9.
Furthermore, Chen discloses the photon path has an extent, in a width direction thereof, from about 20% of a radial distance of the fluid container to about 80% of the radial distance of the fluid container. (See also claim 1, Fig 2 and 0040-0140)
Regarding claim 12, Chen in view of Xie discloses the device according to claim 9.
Furthermore, Chen discloses the fluid measurement device is a fluid flow measurement device, the fluid container is a fluid flow conduit. (Paragraph 0034)
Regarding claim 13, Chen discloses the device according to claim 9.
However, Chen fails to disclose a microwave transmission measurement device. Xie discloses a microwave transmission measurement device (microwave transmitters-306/310).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 14, Chen discloses the device according to claim 10.
However, Chen fails to disclose a microwave transmission measurement device, wherein the microwave transmission measurement device is located at a narrow portion of the fluid container and the gamma-ray source and the gamma-ray detector are located at an inlet side of the fluid container. Xie discloses a microwave transmission measurement device (microwave transmitters-306/310), wherein the microwave transmission measurement device is located at a narrow portion of the fluid container and the gamma-ray source and the gamma-ray detector are located at an inlet side of the fluid container.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 15, Chen discloses the device according to claim 14.
However, Chen fails to disclose the photon path is a first photon path, the microwave transmission measurement device has a microwave transmission antenna and a microwave receiving antenna that together define a second photon path, and the second photon path extends along a diameter of the fluid container. Xie discloses the photon path is a first photon path, the microwave transmission measurement device (microwave transmitters-306/310) has a microwave transmission antenna and a microwave receiving antenna (microwave receivers-308/312) that together define a second photon path, and the second photon path extends along a diameter of the fluid container. (Paragraphs 0094-0099, Fig 3A-B).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 16, Chen discloses the device according to claim 15.
However, Chen fails to disclose the first photon path and the second photon path are respectively angled. Xie discloses the first photon path and the second photon path are respectively angled. (Paragraph 0194-0200, Fig 15)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 17, Chen in view of Xie discloses the device according to claim 9.
Furthermore, Chen discloses the gamma-ray detector is a digital gamma-ray detector. (Paragraphs 0034). (See also claim 1, Fig 2 and 0040-0140)
Regarding claim 18, Chen discloses a method of fluid flow measurement (Multiphase fluid flowrate metering device implements the method, abstract), comprising: disposing an exempt gamma-ray source (gamma ray emitter-B) and a gamma-ray detector (gamma ray emitter-B’) outside a fluid container (pipeline) to define a first photon path between the gamma-ray source and gamma-ray detector that traverses an interior of the fluid container along a non-diametric path (See Fig 1-3); flowing a multi-phase fluid through the fluid container (Paragraphs 022, 0025-0039); while flowing the multi-phase fluid through the fluid container, obtaining a count rate of gamma photons propagated through the multi-phase fluid using the gamma-ray source and the gamma-ray detector and measuring dielectric properties of the multi-phase fluid measuring pressure drop as the multi-phase fluid flows through a flow restriction of the fluid container; determining water-liquid ratio of the multi-phase fluid from the count rate of gamma photons (Paragraph 0040-0140); determining a gas fraction of the multi-phase fluid from the measured dielectric properties and the water-liquid ratio (Paragraph 0040-0140); calculating a mixture density of the multi-phase fluid based on the water-liquid ratio and the gas fraction (Paragraph 0040-0140); determining volumetric flow rate of the multi-phase fluid from the measured pressure drop and the calculated mixture density (Paragraph 0040-0140); and determining volumetric flow rates of gas, water and oil in the multi-phase fluid from the volumetric flow rate of the multi-phase fluid, the gas fraction and the water-liquid ratio (Paragraph 0040-0140).
However, Chen fails to disclose disposing a microwave transmitting antenna and a microwave receiving antenna outside the fluid container to define a second photon path between the microwave transmitting antenna and the microwave receiving antenna that traverses the interior of the fluid container; using the microwave transmitting antenna and the microwave receiving antenna. Xie discloses disposing a microwave transmitting antenna (microwave transmitters-306/310) and a microwave receiving antenna (microwave receivers-308/312) outside the fluid container to define a second photon path between the microwave transmitting antenna and the microwave receiving antenna that traverses the interior of the fluid container; using the microwave transmitting antenna and the microwave receiving antenna. (Paragraphs 0094-0099, 0194-0200, Fig 3A-B and 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Regarding claim 19, Chen in view of Xie discloses the method according to claim 18.
Furthermore, Chen discloses measuring a density of water, oil, and gas in the multi-phase fluid and determining mass flow rates of the water, oil, and gas in the multi-phase fluid from the volumetric flow rates of the water, oil, and gas and the densities of the water, oil, and gas. (Paragraph 0040-0140).
Regarding claim 20, Chen discloses the exempt gamma-ray source (gamma ray emitter-B), the gamma-ray detector (gamma ray detector-B’) are all located at the flow restriction of the fluid container. (Paragraphs 022, 0025-0039). (See also claim 1, Fig 2 and 0040-0140)
However, Chen fails to disclose the microwave transmitting antenna ((microwave transmitters-306/310), and the microwave receiving antenna (microwave receivers-308/312) are all located at the flow restriction of the fluid container. (Paragraphs 0094-0099, 0194-0200, Fig 3A-B and 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Xie into Chen for the purpose of increasing detection accuracy. The modification would allow for comparing multiple path results to increase result accuracy.
Conclusion
The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm.
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/NIGEL H PLUMB/Examiner, Art Unit 2855
/Eric S. McCall/Primary Examiner, Art Unit 2855