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 statement (IDS) submitted on 9/15/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1,5-7, 9, 11, 12, 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3, 4, 9, 10, 11, 13 of U.S. Patent No. 12020962. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of Application 18/669564 are anticipated by the claims of US Patent No. 12020962.
18/669564
US 12020962
1. A method of measuring static charge, comprising: wrapping a capacitor on an outer surface of a section of an insulative tube; disposing an electrostatic shielding layer between the insulative tube and the capacitor; electrically coupling the capacitor to a static charge meter; supplying a fluid to flow inside the insulative tube; calibrating the static charge meter; and measuring the static charge accumulated at an inner surface of the section of the insulative tube by the static charge meter.
1. A method of measuring static charge, comprising: disposing a capacitor on an outer surface of a section of an insulative tube, wherein the capacitor includes a first metallic layer on the outer surface of the section of the insulative tube, a second metallic layer opposite to the first metallic layer, and a dielectric layer sandwiched between the first metallic layer and the second metallic layer; disposing an electrostatic shielding layer between the insulative tube and the capacitor; electrically coupling the capacitor to a static charge meter; supplying a fluid along an interior of the insulative tube; measuring the static charge accumulated at an inner surface of the section of the insulative tube by the static charge meter, wherein the fluid is separated from the capacitor; and calibrating the static charge meter.
5. The method of claim 1, wherein the wrapping of the capacitor includes helically wrapping the capacitor around the outer surface of the section of the insulative tube.
3. The method of claim 1, wherein the disposing of the capacitor includes helically wrapping the capacitor around the section of the insulative tube.
6. The method of claim 1, wherein an end of the capacitor is connected to an electrical ground.
4. The method of claim 1, wherein an end of the capacitor is connected to an electrical ground, or an electrical terminal of the static charge meter is grounded.
7. The method of claim 1, wherein an electrical terminal of the static charge meter is grounded.
4. The method of claim 1, wherein an end of the capacitor is connected to an electrical ground, or an electrical terminal of the static charge meter is grounded.
9. A method of measuring static charge, comprising: wrapping a flexible capacitor around an outer surface of a section of an insulative pipe, wherein a fluid is disposed inside the insulative pipe; disposing a metallic plate between the insulative pipe and the flexible capacitor; electrically coupling the flexible capacitor to a static charge meter; calibrating the static charge meter; removing the metallic plate; and measuring the static charge accumulated on an inner surface of the section of the insulative pipe by the static charge meter.
9. A method of measuring a static charge, comprising: wrapping a flexible capacitor around an outer surface of a section of an insulative pipe, wherein a fluid is disposed inside the insulative pipe, and the flexible capacitor includes: a first metallic layer in contact with the outer surface of the section of the insulative pipe; a dielectric layer on the first metallic layer; and a second metallic layer on the dielectric layer; disposing an electrostatic shielding layer between the insulative pipe and the flexible capacitor; electrically coupling the flexible capacitor to a static charge meter; calibrating the static charge meter; removing the electrostatic shielding layer; and measuring the static charge accumulating on an inner surface of the section of the insulative pipe by the static charge meter connected to the flexible capacitor.
11. The method of claim 9, further comprising increasing, decreasing or pausing a flow rate of the fluid along the pipe during the measuring of the static charge.
10. The method of claim 9, further comprising increasing, decreasing or pausing a flow rate of the fluid along the insulative pipe during the measuring of the static charge.
12. The method of claim 9, further comprising: programming a duration of the flow rate of the fluid through the pipe during the measuring of the static charge; and transmitting a data associated with the static charge on the inner surface of the section of the pipe measured by the static charge meter to a computer.
11. The method of claim 9, further comprising: programming a duration of the flow of the fluid through the insulative pipe during the measuring of the static charge; and transmitting a data associated with the static charge on the inner surface of the section of the insulative pipe measured by the static charge meter to a computer.
13. A measuring system, comprising: an insulative tube configured for a fluid flowing through an inner surface of the insulative tube; a flexible capacitor disposed on an outer surface of a section of the insulative tube; a static charge meter electrically coupled to the flexible capacitor and configured to measure a static charge accumulated on the inner surface of the section of the insulative tube; a first insulative tape, covering a first metallic layer of the flexible capacitor; and a second insulative tape, covering a second metallic layer of the flexible capacitor, wherein the first insulative tape, the first metallic layer, the second metallic layer and the second insulative tape surround the outer surface of the section of the insulative tube.
12. A measuring system, comprising: an insulative tube configured for a fluid flowing through an inner surface of the insulative tube; a capacitor disposed on an outer surface of a section of the insulative tube, wherein the capacitor includes: a first metallic layer, contacting the outer surface of the section of the insulative tube; a dielectric layer, on the first metallic layer and isolated from the insulative tube by the first metallic layer; and a second metallic layer, on the dielectric layer; a static charge meter electrically coupled to the capacitor and configured to measure a static charge accumulated on the inner surface of the section of the insulative tube; a first insulative tape, covering the first metallic layer; and a second insulative tape, covering the second metallic layer, wherein the first insulative tape, the first metallic layer, the dielectric layer and the second metallic layer and the second insulative tape surround the outer surface of the section of the insulative tube.
13. The measuring system of claim 12, wherein the capacitor is flexible.
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 18 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.
Regarding claim 18, the claim recites “a thickness of the dielectric layer”. There is a lack of antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 2-4, 8, 10, 14-17, 19-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2-4, and 8, prior art of record does not disclose or suggest the claimed invention of claim 1. Claim 1 requires the limitation of “disposing an electrostatic shielding layer between the insulative tube and the capacitor; electrically coupling the capacitor to a static charge meter; supplying a fluid to flow inside the insulative tube; calibrating the static charge meter; and measuring the static charge accumulated at an inner surface of the section of the insulative tube by the static charge meter” which was indicated as being allowable in a previous parent application. Therefore, claims 2-4 and 8 are allowed due to their dependency on claim 1.
Regarding claim 10, prior art of record does not disclose or suggest the claimed invention of claim 9. Claim 9 requires the limitation of “disposing a metallic plate between the insulative pipe and the flexible capacitor; electrically coupling the flexible capacitor to a static charge meter; calibrating the static charge meter; removing the metallic plate; and measuring the static charge accumulated on an inner surface of the section of the insulative pipe by the static charge meter” which was indicated as being allowable in a previous parent application. Therefore, claim 10 is allowed due to its dependency on claim 9.
Regarding claim 14-20, prior art of record does not disclose or suggest the claimed invention of claim 13. Claim 13 requires the limitation of “a static charge meter electrically coupled to the flexible capacitor and configured to measure a static charge accumulated on the inner surface of the section of the insulative tube; a first insulative tape, covering a first metallic layer of the flexible capacitor; and a second insulative tape, covering a second metallic layer of the flexible capacitor, wherein the first insulative tape, the first metallic layer, the second metallic layer and the second insulative tape surround the outer surface of the section of the insulative tube” which was indicated as being allowable in a previous parent application. Therefore, claim 14-17, 19, 20 is allowed due to its dependency on claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hu et al., CN 104458521 discloses a device and method for monitoring a fluid comprising an electrostatic detection device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FEBA POTHEN whose telephone number is (571)272-9219. The examiner can normally be reached 8:30-5:00 PM.
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, Judy Nguyen can be reached at 571-272-2258. 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.
/FEBA POTHEN/Examiner, Art Unit 2858