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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 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.
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 in order to have a 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 in order to have a 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN MORELLO whose telephone number is (313)446-6583. The examiner can normally be reached M-F 9-4.
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, Kristina Deherrera can be reached at 303-297-4237. 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.
/JEAN F MORELLO/Examiner, Art Unit 2855 1/30/26
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855