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
Applicant's arguments filed 5/4/26 have been fully considered but they are not persuasive. Applicant argues, pages 8-9, that Yamazaki teaches a method that is intentionally flow-dependent and used to determine flow velocity or volume flow characteristics. Further, that Yamazaki fails to teach the missing claim elements “(i) calculating a difference between the first electrical measured variable and the second electrical measured variable (ii) comparing an absolute value of the difference with a reference threshold value, wherein presence of a bubble or droplet is detected when the absolute value of the difference at least temporarily exceeds the reference threshold value, and (iii) a second heating element.”
The examiner respectfully disagrees. Boenisch teaches detecting the presence of a bubble/bubbles in a liquid flow using two spatially separated temperature sensors 9,10. Yamazaki teaches temperature detection using two spatially separated sensors in order to detect the presence of bubbles in a fluid flowing in a line and further detect adhesion of bubbles to the sensor(s). The references both teach capabilities beyond detecting the presence of a bubble/bubbles.
Boenish teaches detecting the temperature difference between the two temperature sensors in order to detect the presence of a bubble (A gas bubble flows through the measuring cell 6 , so the temperature jumps 9 ' respectively. 10 ' to a higher level than the condensate flow, since gas has a much lower heat capacity and thermal conductivity than condensate. Pg. 3). The measurement of time allows for the determination of velocity (The velocity v of the gas bubble now results from the distance of the two temperature sensors 9 and 10 divided by the time difference Δt.). The use of time as a variable allows for determination of flow rate. Boenish further discusses that the temperature difference of the two sensors will be greater when the flow speed is slower and the difference will be smaller when the flow speed is higher (end pg. 5- top pg. 6). Therefore, the anticipated difference will be dependent upon the flow rate as well as the heat capacity of both the bubble and the flowing liquid (Boenish, end pg. 7). Boenish teaches that the difference in temperatures between the two temperature sensors is associated with a previously determined flow rates. The temperature difference (Fig. 2, jump) associated with the presence of a bubble is detected (ΔT) in combination with the flow rate based on the timing of the detected bubble at each sensor in succession. Boenish does not establish a minimum temperature jump needed to qualify the presence of a bubble, but clearly teaches that when a bubble passes a sensor, there is a temperature jump and an established difference between the two sensors (Fig. 2).
Yamazaki teaches detecting the presence of a bubble (bubble detection device) in a fluid flow; the presence indicated by temperature responses (change rate) due to the bubble being present at the temperature sensor. Yamazaki teaches both bubble detection and bubble adhesion determination. When Yamazaki detects the presence of bubbles and bubble adhesion, a rate of change of the temperature sensor is monitored. The bubble adhesion determination means 4C calculates the differential value of the difference between the temperature measurement results when the difference between the temperature measurement results output from the first temperature measurement means 2A and the second temperature measurement means 2B is large, or When the tendency is out of a certain range, it is determined that bubbles are attached to the first temperature measuring means 2A or the second temperature measuring means 2B. (Pg. 9). Therefore, comparing the temperature of a first sensor (2A) to the temperature of a second sensor (2B) is used to determine the presence of bubbles. Applicant has pointed to no difference in the method of Yamazaki detecting adhesion versus detecting the presence of a bubble. Yamazaki detects the presence in the form of adhesion. The difference between the temperature sensors is used to determine the presence of a bubble in the flow, the presence also indicates adhesion to a sensor.
There is no requirement from Boenisch or Yamazaki for: a particular sensor or any sensitivity thereof, a distance between sensors, or a measurement duration when detecting a “jump”, a minimum change that definitively identifies a bubble without erroneous bubble detection from a small temperature “jump”, a size of the pipe/conduit or material thereof, the liquid composition/thermal conductivity. Based on the teachings of Boenisch in view of Yamazaki, a person having ordinary skill in the art before the effective filing date of the invention would be able to compare a first temperature sensor response to a second, proximate temperature sensor’s response from the same time to determine if a bubble is present at the first temperature sensor for any duration of time while not present at the second based upon a threshold difference between the two.
Therefore, applicant’s arguments are not persuasive.
Applicant’s arguments, page 10, regarding the use of multiple heating elements have been fully considered but they are not persuasive. Boenish teaches heating means which acts on both temperature sensors 9, 10, in order for their temperatures to be identical. Yamazaki further teaches the importance of heating near the temperature sensors 2A, 2B in order to promote a more significant response when a bubble is detected (pg. 10, first full paragraph). Therefore, the number of heating elements is not limited as long as the liquid flowing in the vicinity of the sensors is sufficiently heated to obtain a discernible response. If the distance between the sensors is too great for a single heat source to heat both temperature sensors, a person having ordinary skill in the art before the effective filing date of the invention would be motivated to include a second heater to maintain both temperature sensors at a same temperature. It would have been obvious to person having ordinary skill in the art before the effective filing date of the invention to use multiple heating elements for the obvious benefit of sufficient heating in the vicinity of the sensors (Yamazaki, pg. 10) and in order to have a second, back-up heater in the event of failure. "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR, 550 U.S. at 421, 82 USPQ2d at 1397. "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle."Id. at 420, 82 USPQ2d at 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ."Id. at 418, 82 USPQ2d at 1396.
Therefore, applicant’s arguments are not persuasive.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 15, 17, 19 are rejected under 35 U.S.C. 103 as being unpatentable over applicant-cited Boenisch (DE102004030028, English translation provided by examiner) in view of Yamazaki et al. (JP2010107243, English translation provided).
Claim 15: Boenisch teaches a method for detecting bubbles or droplets of a first medium (gas bubble 4) in a fluid second medium (fluid condensate 3) flowing through a measuring pipe (line 5), the method comprising: heating a measuring cell 6 including two temperature sensors 9, 10 via heat source 11, Fig. 1; wherein the two sensors 9, 10 are separated by a defined spatial distance and configured to detect ambient temperature (The temperature around the respective sensor). As the fluid (condensate) flows through the line 5, a gas bubble will pass the sensors 9, 10 and cause a change (jump) in the temperature readings (Fig. 2). Fig. 2 shows the simultaneous measurements from the sensors 9, 10; wherein the first and second heating elements are operated such that the first and second electrical measured variables of the first and second measuring points, respectively, are flow-independent (the sensors 9, 10 are able to detect temperature change regardless of the flow rate)
Boenisch fails to teach calculating a difference between the first electrical measured variable and the second electrical measured variable; and comparing an absolute value of the difference with a reference threshold value, wherein the presence of a bubble or droplet is detected when the absolute value of the difference at least temporarily exceeds the reference threshold value; and a second heating element.
However, Yamazaki teaches a bubble detector, Fig. 3, including first and second temperature sensors (temperature measuring means 2A, 2B). The first and second temperature sensor values are compared to determine if the different is out of a predetermined range or if the tendency of temperature change is constant (page 9, last full paragraph). Therefore, the difference between the temperature sensor values has a normal tendency of change [a change over time, pg. 8, last paragraph] when detecting air bubbles and the temperature sensor values have “typical” responses an air bubble passing. When the comparison of the temperature sensor values is out of a certain range (thus exceeding a threshold value), then it is determined that an air bubble is adhered to a sensor. Yamazaki further teaches the importance of heating near the temperature sensors 2A, 2B in order to promote a more significant response when a bubble is detected (pg. 10, first full paragraph). Therefore, the number of heating elements is not limited as long as the liquid flowing in the vicinity of the sensors is sufficiently heated to obtain a discernible response. It would have been obvious to person having ordinary skill in the art before the effective filing date of the invention to use multiple heating elements for the obvious benefit of sufficient heating in the vicinity of the sensors (Yamazaki, pg. 10) and further in order to have a second, back-up heater in the event of failure.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Yamazaki with the device of Boenisch in order to detect both the presence of a bubble and to assess if a bubble is adhered to a sensor (Yamazaki page 9, last full paragraph).
Claim 17: Boenisch in view of Yamazaki teaches the method of claim 15. Boenish teaches detecting a time between a change in the first measured variable and a corresponding change in the second measured variable; and determining a flow rate of the detected bubble or of the detected droplet and/or the flow direction of the second medium and/or of the bubble or of the droplet is determined based on the detected time and the distance between the first measuring point and the second measuring point (pg. 6, middle paragraph) A gas bubble passes through the measuring cell 6 That's how the temperature sensor delivers 9 the first starting point for this gas bubble by a temperature jump 14 at 9 ' , Then this gas bubble reaches the temperature sensor 10 , then the temperature jump takes place 15 at 10 ' a little later with a time difference Δt = t (15) - t (14). The velocity v of the gas bubble now results from the distance of the two temperature sensors 9 and 10 divided by the time difference Δt.).
Claim 19: Boenisch teaches a measuring pipe (line 5, Fig. 1), a first heating element (heat source 11), a first temperature sensor (temperature sensor 9), a second temperature sensor (temperature sensor 10), and a control/evaluation unit (computing unit 12), wherein the control/evaluation unit is configured to control the first heating element, the first temperature sensor and the second temperature sensor as to perform the method according to claim 15 (pg. 7, system “in conjunction with a computing unit ( 12 ) is used to record the temperatures and the calculation of the volume flows of the condensate and the gas bubbles”).
Boenish fails to teach a second heating element.
However, Yamazaki teaches a bubble detector, Fig. 3, including first and second temperature sensors (temperature measuring means 2A, 2B) including heating near the temperature sensors 2A, 2B in order to promote a more significant response when a bubble is detected (pg. 10, first full paragraph). Therefore, the number of heating elements is not limited as long as the liquid flowing in the vicinity of the sensors is sufficiently heated to obtain a desired response. It would have been obvious to person having ordinary skill in the art before the effective filing date of the invention to use multiple heating elements for the obvious benefit of sufficient heating in the vicinity of the sensors (Yamazaki, pg. 10) and further in order to have a second, back-up heater in the event of failure.
Claim 16, 18, 20-27 are rejected under 35 U.S.C. 103 as being unpatentable over Boenisch in view of Yamazaki further in view of Schonstein et al. (US20160327421).
Claim 16: Boenisch in view of Yamazaki teaches the method of claim 15, but fails to teach wherein the first electrical measured variable is a first voltage drop across the first temperature sensor and/or a first current value flowing through the first temperature sensor, and wherein the second electrical measured variable is a second voltage drop across the second temperature sensor and/or a second current value flowing through the second temperature sensor.
However, Schonstein teaches detecting temperature of a fluid flow using temperature sensors 5a, 5b, or 6a, 6b. The temperature sensors are temperature-sensitive resistance structures which change resistance based on their temperature. Resistance is measured via a relationship to voltage and current, therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to detect a change in resistance of the temperature sensors using voltage or current since it has a direct relationship to the resistance of the sensor.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Schonstein with the device of Boenisch in view of Yamazaki in order to utilize a heatable or non-heatable sensor for temperature detection (Schonstein [0038-0039]).
Claim 18: Boenisch in view of Yamazaki teaches the method of claim 15, but fails to teach operating the first temperature sensor as the first heating element, and operating the second temperature sensor as the second heating element.
However, Schonstein teaches the use of temperature sensors 5a, 5b which are operated as heating elements [0037].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Schonstein with the device of Boenisch in view of Yamazaki in order to determine the temperature of the first and second temperature sensors and, thus, the temperature difference (Schonstein [0037]).
Claim 20: Boenisch in view of Yamazaki teaches the method of claim 19, but fails to teach wherein the first temperature sensor is operated as the first heating element, and wherein the second temperature sensor is operated as the second heating element.
However, Schonstein teaches the use of temperature sensors 5a, 5b which are operated as heating elements [0037].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Schonstein with the device of Boenisch in view of Yamazaki in order to determine the temperature of the first and second temperature sensors and, thus, the temperature difference (Schonstein [0037]).
Claim 21: Boenisch in view of Yamazaki further in view of Schonstein teaches the method of claim 20. Boenisch in view of Yamazaki fails to teach wherein the first heating element and the second heating element are PCT resistor elements or NTC resistor elements.
However, Schonstein teaches first and second temperature sensors embodied as NTC resistances [0026].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use NTC temperature sensors, as taught by Schonstein, with the method of Boenisch in view of Yamazaki in order to have a stable zero point and temperature stability (Schonstein [0005, 0016]).
Claim 22: Boenisch in view of Yamazaki teaches the method of claim 19, but fails to teach wherein the first heating element and the first temperature sensor are separate elements, and wherein the second heating element and the second temperature sensor are separate elements.
However Schonstein teaches the first heating element and the first temperature sensor are separate elements, and wherein the second heating element and the second temperature sensor are separate elements (non-heatable temperature sensors 6a, 6b; heating elements 7a, 7b [0039]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the sensors and heating elements of Schonstein with the method of Boenisch in view of Yamazaki in order to differently heat the sensors so that the temperature dependent resistance of the two temperature sensors is essentially equal in the case of no flow (Schonstein [0040]).
Claim 23: Boenisch in view of Yamazaki further in view of Schonstein teaches the method of claim 22. Boenisch in view of Yamazaki fails to teach wherein the first heating element and the second heating element, and/or the first temperature sensor and the second temperature sensor, are PCT resistor elements or NTC resistor elements.
However, Schonstein teaches first and second temperature sensors embodied as NTC resistances [0026].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use NTC temperature sensors, as taught by Schonstein, with the method of Boenisch in view of Yamazaki in order to have a stable zero point and temperature stability (Schonstein [0005, 0016]).
Claim 24: Boenisch in view of Yamazaki further in view of Schonstein teaches the method of claim 22. Boenisch in view of Yamazaki fails to teach wherein the first temperature sensor and the second temperature sensor are thermocouples.
However, Schonstein teaches wherein the first and second temperature sensors are thermocouples [0026, claim 9].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use thermocouples, as taught by Schonstein, with the method of Boenisch in view of Yamazaki in order to have a stable zero point and temperature stability (Schonstein [0005, 0016]).
Claim 25: Boenisch in view of Yamazaki further in view of Schonstein teaches the method of claim 22. Boenisch in view of Yamazaki fails to teach wherein the first temperature sensor is identical in design to the second temperature sensor.
However, Schonstein teaches wherein the first temperature sensor is identical in design to the second temperature sensor (the first and second sensors are of the same design: both thermocouples, resistance temperature sensors, NTC resistances, radiation sensors or semiconductor elements [0026]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the same sensor design for both the first and second temperature sensor, as taught by Schonstein, with the method of Boenisch in view of Yamazaki in order to have a stable zero point and temperature stability (Schonstein [0005, 0016]).
Claim 26: Boenisch in view of Yamazaki teaches the method of claim 19, but fails to teach wherein the first temperature sensor is identical in design to the second temperature sensor.
However, Schonstein teaches wherein the first temperature sensor is identical in design to the second temperature sensor (the first and second sensors are of the same design: both thermocouples, resistance temperature sensors, NTC resistances, radiation sensors or semiconductor elements [0026]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the same sensor design for both the first and second temperature sensor, as taught by Schonstein, with the method of Boenisch in view of Yamazaki in order to have a stable zero point and temperature stability (Schonstein [0005, 0016]).
Claim 27: Boenisch in view of Yamazaki teaches the method of claim 19, but fails to teach wherein the first temperature sensor and the second temperature sensor are arranged in a bridge circuit, wherein a first resistor is connected in series upstream of the first temperature sensor, and wherein a second resistor is connected in series upstream of the second temperature sensor, wherein the first resistor and the second resistor are identical in design.
However, Schonstein teaches the use of a bridge circuit to measure temperature of two temperature identical sensors. [0040] The temperature sensors 6a and 6b are, for example, temperature sensitive resistance structures or even thermopiles. The two temperature sensors 6a and 6b are so arranged on the substrate 3 that one temperature sensor 6b is located upstream and the other temperature sensor 6a downstream. In this way, besides flow velocity, also flow direction can be detected. Typically, such temperature sensors 6 are evaluated by means of a resistance bridge, in order to obtain the temperature difference ΔT between the two temperature sensors 6.
Schonstein fails to specifically teach wherein a first resistor is connected in series upstream of the first temperature sensor, and wherein a second resistor is connected in series upstream of the second temperature sensor, wherein the first resistor and the second resistor are identical in design.
However, a bridge circuit is used to detect changes in resistance of the identical temperature sensors, each connected in series with a respective resistor/temperature sensor. The resistors do not need to be of equivalent value to detect a change in resistance of the temperature sensors as they are merely creating a constant resistance. Therefore, any resistors can be used without achieving any new or unexpected result.
Claim 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Boenisch in view of Yamazaki further in view of Laub (US2729976).
Claim 28: Boenisch in view of Yamazaki teaches the method of claim 19, but fails to teach wherein the measuring pipe is made of an optically non-transparent material.
However, Laub teaches a thermal flowmeter wherein the measuring pipe is metal (col. 2, lines 58-63).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a non-transparent material such as metal, as taught by Laub with the method of claim 19 in order to effectively transfer heat (Laub, end col. 2).
Claim 29: Boenisch in view of Yamazaki teaches the method of claim 19; wherein the measuring pipe is made of a metallic material.
However, Laub teaches a thermal flowmeter wherein the measuring pipe is a metallic material, metal (col. 2, lines 58-63).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a metallic material such as metal, as taught by Laub with the method of claim 19 in order to effectively transfer heat (Laub, end col. 2).
Claim 30: Boenisch in view of Yamazaki teaches the method of claim 19, but fails to teach wherein the first heating element, the second heating element, the first temperature sensor, and the second temperature sensor, or the first temperature sensor operated as a first heating element and the second temperature sensor operated as a second heating element, are arranged on an exterior surface of the measuring pipe.
However, Laub teaches mounting heating element (heater coil 5) and the thermometers (resistance thermometers 6, 10) on the outside of the pipe 2, Fig. 1.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to mount the sensors and heating elements to the exterior or the pipe, as taught by Laub, with the device of claim 19 in order to prevent impeding flow of fluid (Laub, col. 4, lines 34-36).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Boenisch in view of Yamazaki further in view of Kostner et al. (US20170138774).
Claim 31: Boenisch in view of Yamazaki teaches the method of claim 19, but fail to teach wherein the first heating element, the second heating element, the first temperature sensor and the second temperature sensor, or the first temperature sensor operated as the first heating element and the second temperature sensor operated as the second heating element, are arranged within the measuring pipe.
However, Kostner teaches a flow sensors which uses a heat source 12 and temperature sensors 13a, 13b to detect flow within a channel 6. The temperature sensors 13a, 13b, and heat source 12 are mounted in thermal contact with the liquid when the liquid is passing through the flow channel [0051, 0053] with a layer arranged between the liquid L and the sensors 13a, 13b and heat source 12 [0056].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Kostner with the method of claim 19 in order to provide excellent sensitivity of the sensor in case of low flow rates of the fluid medium to be measured (Kostner [0007]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP2007086035 teaches the use of multiple heating elements and multiple temperature sensors in order to detect bubbles (bottom pg. 9).
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.
/JEAN F MORELLO/Examiner, Art Unit 2855 7/16/26
/DAVID Z HUANG/Primary Examiner, Art Unit 2855
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