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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (see claims 1, 8 using the word “means”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 3, 5, 7, 16, 21 – 23 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.
As to Claim 3, the instant claim recites the limitation "said at least one chamber" in line 5. There is insufficient antecedent basis for this limitation resulting in unclear scope of the claim. It is vague/unclear if the aforementioned limitation is intended to refer to the “at least one external chamber” (claim 1, line 15) or if this is a separate or other chamber.
As to Claim 5, the instant claim recites the limitation "said at least one outer chamber" in line 4 and line 6. There is insufficient antecedent basis for this limitation resulting in unclear scope of the claim. It is vague/unclear if the aforementioned limitation is intended to refer to the “at least one external chamber” (claim 1, line 15) or if this is a separate or other chamber.
As to Claim 7, the instant claim recites the limitation "the subdivision" in line 3. There is insufficient antecedent basis for this limitation resulting in unclear scope of the claim.
As to Claim 16, the instant claim recites the limitation "said at least one part" in line 2. There is insufficient antecedent basis for this limitation resulting in unclear scope of the claim.
As to Claim 21, the instant claim recites the limitation "the inlet/upstream mouth" in line 3. There is insufficient antecedent basis for this limitation resulting in unclear scope of the claim.
As to Claim 23, the instant claim recites the limitation "said further external annular chamber" in line 3. There is insufficient antecedent basis for this limitation resulting in unclear scope of the claim. Note that “a further external annular chamber” is defined in claim 21 however instant claim 23 appears to depend from claim 1. For examining purposes, examiner has interpreted the dependency of claim 23 to be on claim 21.
Due to Clam dependency claims 21 – 23 are also rejected.
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.
Claim(s) 1 – 5, 7 – 14, 16 – 18, 20 - 23 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0212180 A1 to Stetsenko et al. (hereinafter “Stetsenko”) in view of EP 2146189 B1 to Dietz Toralf (hereinafter “Dietz”).
Note: machine translated document of Dietz is attached to this office action for easier reference.
Regarding Claim 1, Stetsenko teaches device (see Figs. 1a, 1b) for measuring a fluid, the device configured to measure a flow rate of gas or liquid circulating within a pipe and through the device itself (see abstract describing a fluid flow meter configured to measure a flow rate of working fluid (gas or liquid) passing through an inner cavity), the device comprising:
a containment structure (see housing 1, Fig. 1b, see paragraph [0037]) which is provided with a first opening (see inlet 8, Fig. 1b, see paragraph [0041]) for the inlet of the fluid inside it and a with second opening (see outlet 8, Fig. 1b, see paragraph [0042]) for the outlet of the fluid,
said containment structure (1) being configured to define inside it a path (see flow path formed at chamber 2 inside of the housing 1, see flow path arrow illustrated at Fig. 1b and described at paragraphs [0049] – [0051]) for the fluid between said first opening (7) and said second opening (8), said path (see flow path at the arrow in Fig. 1b) comprising:
an internal tubular section (see arrangement at Fig. 1b illustrating the sensor 4 having a funnel shaped inlet located inside the central part of the housing 1 and being connected to the adapter 5, Fig. 1b, see paragraph [0038], [0049] – [0051], thus forming the internal tubular section as claimed) which develops in a substantially rectilinear way along a longitudinal axis X (see arrangement at Fig. 1b) and which is in fluid communication with said first opening (7) for the inlet of the fluid, or with said second opening (8) for the inlet fluid outlet,
at least one external chamber (see portion of the chamber formed at the depression region 3 and in communication with cavity 2 in the upper region of the device, see also paragraph [0050] describing the flow around the inner depression 3 at the inlet of the flow sensor 4 serving as the claimed external chamber) which is positioned around said tubular section (4) and which is in fluid communication with said second opening (8) for the fluid outlet, or with said first opening (7) for inlet of the fluid (see fluid flow direction in the arrow illustrated at Fig. 1b),
said at least one external chamber (3) being fluidly connected with said internal tubular section (4) in correspondence with an area of the internal tubular section (4) which is opposite to that in correspondence with which said tubular section is in fluid communication with said first opening (7) for the fluid inlet, or with said second opening (8) for the fluid outlet (see arrangement at Fig. 1b),
sensor means (see flow sensor 4, Fig. 1b, see paragraph [0052] – [0053], [0056]) configured to detect a quantity of the flow of said fluid that passes through said internal tubular section (4, 5, see paragraphs [0052] – [0053], [0056] describing the flow sensor 4 forms a signal proportional to the flow rate during the fluid flow passing through the inner cavity),
wherein said containment structure (1) comprises:
- a first body (see bottom part or fixed base part as described at paragraphs [0064] – [0065] and illustrated at Fig. 4) in which said first opening (7) and said second opening (8) are formed and which is configured to be mechanically connected between an upstream pipe and a downstream pipe that are external to said device (see threaded connections at both first inlet opening 7 and second opening 8, Figs. 1a, 1b, 4),
- a second body (see upper part of Fig. 4, see paragraph [0066]) in which said sensor means are mounted (see the flow sensor 4 and the electronics unit 9 being arranged or residing in the upper part of Fig. 4), and wherein:
- said internal tubular section (4, 5) which extends substantially rectilinearly along the longitudinal axis X is defined and/or formed partly in said first body (bottom part of Figs. 1b, 4) and partly in said second body (upper part of Figs. 1b, 4),
- said at least one external chamber (3) being defined and/or formed, at least in part, in said second body (see arrangement at Fig. 1b illustrating the external chamber 3 defined in the upper part, thus reading on the invention as claimed).
Insofar as Stetsenko may be construes as not explicitly teaching an “external chamber”, it would have been obvious to one having ordinary skill in the art to recognize Stetsenko’s depression region forming a flow path around the depression 3 and which communicates with the inlet of the flow sensor 4 serves as the claimed “external chamber”, since the depression 3 forms a stable uniform by creating a flow convergence feature different from the chamber 2.
In addition, Dietz, in the field of ultrasonic measurement of flow velocity, teaches that it is known to use an external chamber (see arrangement at the outer inflow region 22, Figs. 1, 2, see paragraph [0035]) which is positioned around said tubular section (see cylindrical outflow region 24, Figs. 1, 2) and in flow communication with said second opening or with said first opening (see input and output arrows at Fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the arrangement of Dietz into Stetsenko, in order to further improve the flow detecting device by creating a flow profile having a uniform and reproducible flow (see for instance advantages at paragraphs [0015], [0024] – [0029]).
Regarding Claim 2, Stetsenko in view of Dietz as modified above teaches wherein said at least one external chamber (3 of Stetsenko and/or 22 of Dietz) extends, at least in part, externally around the internal tubular section (4, 5 of Stetsenko and/or 24 of Dietz) and parallel with respect to said longitudinal development axis (X) of the internal tubular section (see arrangement at Figs. 1b of Stetsenko and/or Figs. 1, 2 of Dietz).
Regarding Claim 3, Stetsenko in view of Dietz as modified above teaches wherein said containment structure (1 of Stetsenko) is configured so that the fluid passes through the internal tubular section (4, 5 of Stetsenko) in a direction of travel which is substantially opposite to the direction of travel with which the fluid passes through said at least one chamber (see direction of the flow traveling at the arrow of Fig 1b of Stetsenko illustrating opposite direction of flow as claimed, see also Fig. 2 of Dietz illustrating opposite direction of flow at the arrows).
Regarding Claim 4, Stetsenko in view of Dietz as modified above teaches wherein said first inlet opening (7 of Stetsenko and/or input arrow at Fig. 2 of Dietz) is in direct fluidic communication with said at least one external chamber (3 of Stetsenko and/or 22, Fig. 2 of Dietz) while said second outlet opening (8 of Stetsenko and/or output arrow at Fig. 2 of Dietz) is in fluidic communication direct with the internal tubular section (4, 5 of Stetsenko and/or 24, Fig. 2 of Dietz), so that the flow of fluid first passes through said at least one external chamber (3 of Stetsenko and/or 22, Fig. 2 of Dietz) and then said internal tubular section (4, 5 of Stetsenko and/or 24, Fig. 2 of Dietz).
Regarding Claim 5, Stetsenko in view of Dietz as modified above teaches wherein said first inlet opening (7 of Stetsenko and/or input arrow at Fig. 2 of Dietz) is in direct fluidic communication with said internal tubular section (4, 5 of Stetsenko and/or 24, Fig. 2 of Dietz) while said second outlet opening (8 of Stetsenko and/or output arrow at Fig. 2 of Dietz) is in fluidic communication with said at least one outer chamber (3 of Stetsenko and/or 22, Fig. 2 of Dietz).
Stetsenko in view of Dietz teaches the claimed invention except for the fluid flow first passes through said internal tubular section and then said at least one outer chamber. However, it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the opening, internal tubular section and outlet opening to get the desired fluid flow as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950)).
Regarding Claim 7, Stetsenko in view of Dietz as modified above teaches further comprising at least two external chambers (see depression 3 of Stetsenko forming the claimed at least two external chambers, see modification above) for the subdivision of the fluid flow, said at least two external chambers extend around the internal tubular section (4, 5, Fig. 1b of Stetsenko) and they are all in fluid communication:
- with said second opening (8) for the fluid outlet, or with said first opening (7) for the fluid inlet, and
- with the same internal tubular section (4, 5, Fig. 1b of Stetsenko).
Regarding Claim 8, Stetsenko as modified above teaches further comprising, inside the containment structure (1 of Stetsenko), means (see a flow preparation device 6 Figs. 1b, 2 and paragraph [0040] of Stetsenko) for conditioning the flow of the fluid along the path defined inside the containment structure (1, see paragraph [0040] of Stetsenko).
Regarding Claim 9, Stetsenko as modified above teaches wherein said means for conditioning the flow of the fluid comprise at least one upstream flow conditioner (see a flow preparation device 6 Figs. 1b, 2 and paragraph [0040] of Stetsenko) which is mounted in correspondence with the internal tubular section upstream of the sensor means (see arrangement at Fig. 1b of Stetsenko illustrating the flow preparation device 6 being upstream as claimed since the flow encounters the element 6 before the internal tubular section, hence reading on the invention as claimed).
Regarding Claim 10, Stetsenko in view of Dietz as modified above teaches at least one upstream flow conditioner (see a flow preparation device 6 Figs. 1b, 2 and paragraph [0040] of Stetsenko and/or see deflecting element 36, Fig. 2 described at paragraph [0036]of Dietz) which is mounted externally around the internal tubular section (4, 5 of Stetsenko and/or 24, Fig. 2 of Dietz) at the inlet of said section internal tubular (see arrangement at Fig. 2 of Dietz illustrating deflecting element 36 arranged at the inlet of internal tubular 24, hence reading on the invention as claimed).
Regarding Claim 11, Stetsenko in view of Dietz as modified above teaches further comprising at least one upstream flow conditioner which is mounted inside the internal tubular section (see flow rectifier 40, Fig. 2 described at paragraph [0037]of Dietz).
Regarding Claim 12, Stetsenko in view of Dietz as modified above teaches wherein said sensor means are of the ultrasonic type (see pair of ultrasonic transducers 44a1, 44a2, 44b1, 44b2, Fig. 2 and paragraph [0038] of Dietz) and are mounted on said second body so that the ultrasonic signal passes through the tubular section (24) along a direction which is angled with respect to the longitudinal development direction X of the tubular section (see arrangement at Fig. 2 and description at paragraphs [0021] – [0022], [0038] of Dietz).
Regarding Claim 13, Stetsenko in view of Dietz as modified above teaches wherein said sensor means comprise at least one ultrasonic emitter and at least one ultrasonic receiver (see pair of ultrasonic transducers 44a1, 44a2, 44b1, 44b2, Fig. 2 and paragraph [0038] of Dietz) which are mechanically mounted on a wall (see arrangement at Fig. 2 of Dietz) which internally delimits said internal tubular section (24), said at least one ultrasonic emitter is configured to generate at least one ultrasonic signal inside said internal tubular section (24), along a detection direction, angled with respect to the longitudinal development axis of the internal tubular section (see arrangement at Fig. 2 and description at paragraphs [0021] – [0022], [0038] of Dietz).
Regarding Claim 14, Stetsenko in view of Dietz as modified above teaches wherein said external chamber (3 of Stetsenko and/or 22, Fig. 2 of Dietz) is in direct fluid communication with said second opening (see arrangement at Fig. 1b of Stetsenko and/or arrangement at Fig. 2 of Dietz) for the fluid outlet (8 of Stetsenko and/or outlet arrow at Fig. 2 of Dietz).
Regarding Claim 16, Stetsenko in view of Dietz as modified above teaches wherein said at least one part of the tubular section (4, 5 of Stetsenko and/or 24, Fig. 2 of Dietz) which is obtained and/or defined in said first body (bottom portion of Fig. 4 of Stetsenko) is positioned upstream with respect to the sensor means (4, insofar as Stetsenko may be construed as not explicitly teaching “positioned upstream with respect to the sensor means, it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the tubular section as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950)).
Regarding Claim 17, Stetsenko in view of Dietz as modified above teaches the claimed invention except for wherein said at least one external chamber is obtained and/or defined, at least in part, also in said first body. However, it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the external chamber at least in part in said first body as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950)).
Regarding Claim 18, Stetsenko in view of Dietz as modified above teaches wherein said second body (see upper part of Fig. 4, see paragraph [0066] of Stetsenko) is mechanically associated in a removable way to said first body (see description at paragraph [0066] describing the moving part of the upper part as illustrated with an arrow at Fig. 4 of Stetsenko, see description at paragraphs [0065] – [0067] of Stetsenko hence reading on the invention as claimed).
Regarding Claim 20, Stetsenko in view of Dietz as modified above teaches wherein said internal tubular section (4, 5 of Stetsenko and/or 24, Fig. 2 of Dietz) comprises a first part (see first part at the adapter region 5 of Stetsenko) which is defined and/or formed in said first body (see lower part of Fig. 4 of Stetsenko) and a second part (see second part at the flow sensor 4 region of Stetsenko) which is defined in said second body (see upper part of Fig. 4 of Stetsenko), said first part (4 of Stetsenko) and said second part (5 of Stetsenko) being coaxial and consecutive to each other (see arrangement at Fig. 1b of Stetsenko).
Regarding Claim 21, Stetsenko in view of Dietz as modified above teaches wherein said first opening (7 of Stetsenko) for the gas inlet is in fluidic connection with the inlet/upstream mouth of the tubular section (4, 5 of Stetsenko) by means of a further external annular chamber (see for instance another chamber being formed between the inlet opening 7 and flow preparation device 6 in fluid communication with the inlet of the tubular section 4 as seen in the arrangement at Fig. 1b of Stetsenko).
Regarding Claim 22, Stetsenko in view of Dietz as modified above teaches wherein said further external annular chamber (see for instance another chamber being formed between the inlet opening 7 and flow preparation device 6 in fluid communication with the inlet of the tubular section 4 as seen in the arrangement at Fig. 1b of Stetsenko) is entirely formed only in the first body (see first body being the bottom portion at Fig. 1b and 4 of Stetsenko).
Regarding Claim 23, Stetsenko in view of Dietz as modified above teaches wherein at least one upstream flow conditioner (see for instance coarse filter 10 or the flow preparation device 6, Fig. 1b of Stetsenko) is housed in said further external annular chamber (see arrangement at Fig. 1b).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant prior art:
Ziliani Karim (IT 201800003959 A1) teaches a flow meter for measuring and/or controlling a quantity of water dispensed from a tap. The invention provides a flowmeter comprising a housing body comprising an inlet opening, an outlet opening and a passage which puts the inlet opening into fluid communication with the outlet opening.
Nesa et al. (U.S. 11,609,226 B2) teaches a portable device for measuring the concentration of at least one component in exhaled gas.
Briese Achim et al. (DE 102015219509 A1) teaches sensor for detecting at least one flow characteristic of a flowing fluid medium. The device having an inlet opening and outlet opening with a channel that connects the inlet and outlet openings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARRIT EYASSU whose telephone number is (571)270-1403. The examiner can normally be reached M - F: 9:00AM - 6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura E. Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARRIT EYASSU/Primary Examiner, Art Unit 2855