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 03/06/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Foreign Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Response to Amendments
This Office Action is in response to applicant's preliminary amendments filed on 03/06/2024. Examiner has acknowledged applicant’s cancellation of claims 1 – 12, and the addition of new claims 13 - 24. Examiner has reviewed newly added claims 13 - 24, and those claims do not constitute new matter issues.
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.
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Claim 13 - 17, 19 - 22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18, 18, 25, 30 - 34 of copending Application No. 18//689,740 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the table below presents a comparison between the claim limitations of the instant application with corresponding claim limitations of the reference U. S. application. The bold-faced type identifies claim limitation language which is common to both the instant application and the reference U. S. application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 18//689,740
Instant Claim
18. A device for determining a flow-rate-dependent variable of a flowable and conductive medium in a guide body for guiding the medium, comprising:
a magnetic-field-generating device for generating a first magnetic field that separates mobile charge carriers in the medium;
a magnetic-field-sensitive measuring arrangement for determining a second magnetic field generated by the mobile charge carriers, the magnetic-field-sensitive measuring arrangement including:
a first magnetic-field-sensitive measuring device having a magnetic-field-sensitive and optically excitable material, an optical excitation unit for the optical excitation of the first magnetic-field-sensitive measuring device, and an optical detection unit for detecting a measurement signal, including a fluorescence signal, that correlates with a change and/or a strength of the second magnetic field; and
an evaluation circuit that is configured to determine the flow-rate-dependent variable, wherein measurement signals of at least two different magnetic field states are included in the determination of the flow-rate-dependent variable.
13. (New) A device for determining a flow-velocity-dependent variable of a free-flowing medium in a guide body for guiding the medium, comprising:
a magnetic-field-generating device for generating a first magnetic field which separates movable charge carriers in the medium;
a magnetic-field-sensitive measuring assembly, which is designed to provide a measurement signal which correlates with a change in and/or a strength of a second magnetic field generated by the movable charge carriers,
wherein the magnetic-field-sensitive measuring assembly comprises at least one magnetic-field-sensitive measuring device,
wherein the at least one magnetic-field-sensitive measuring device comprises an optically
excitable material,
wherein the magnetic-field-sensitive measuring assembly has an optical excitation unit for optically exciting the magnetic-field-sensitive measuring device, and an optical detection unit
for detecting the measurement signal;
an evaluation unit, which is designed to determine the flow-velocity-dependent variable of the medium at least by means of the measurement signal, provided by the magnetic-field-sensitive assembly, and the conductivity of the medium.
32. The device according to claim 18, wherein at least the first magnetic-field-sensitive measuring device includes a gas cell or crystal body with at least one defect center.
14. (New) The device according to claim 13, wherein the magnetic-field-sensitive measuring device comprises a crystal body with at least one vacancy center or a gas cell.
33. The device according to claim 32, wherein the crystal body is a diamond having at least one nitrogen defect center, a silicon carbide having at least one silicon defect center, or a hexagonal boron nitride having at least one defect color center.
15. (New) The device according to claim 14, wherein the crystal body comprises a diamond having at least one nitrogen vacancy center, a silicon carbide having at least one silicon vacancy, or a hexagonal boron nitride having at least one vacancy color center.
34. The device according to claim 32, wherein the gas cell comprises at least one cell enclosing a gaseous alkali metal.
16. (New) The device according to claim 14, wherein the gas cell comprises at least one cell enclosing a gaseous alkali metal.
19. The device according to claim 18, wherein the magnetic-field-generating device includes at least one permanent magnet.
17. (New) The device according to claim 13, wherein the magnetic-field-generating device comprises at least one permanent magnet.
25. The device according to claim 24, wherein the magnetic-field-generating device is arranged between the first magnetic-field-sensitive measuring device and the second magnetic-field-sensitive measuring device.
19. (New) The device according to claim 18, wherein the magnetic-field-sensitive measuring assembly has at least two magnetic-field- sensitive measuring devices,
wherein the two magnetic-field-sensitive measuring devices are positioned symmetrically to the main axis Y.
25. The device according to claim 24, wherein the magnetic-field-generating device is arranged between the first magnetic-field-sensitive measuring device and the second magnetic-field-sensitive measuring device.
20. (New) The device according to claim 18, wherein the magnetic-field-sensitive measuring assembly has at least two magnetic-field-sensitive measuring devices,
wherein the two magnetic-field-sensitive measuring devices are positioned
asymmetrically to the main axis Y.
30. The device according to claim 18, wherein the magnetic-field-generating device and/or the magnetic-field-sensitive measuring arrangement can be attached to an outer lateral surface of the guide body in a mechanically separable manner.
21. (New) The device according to claim 13, wherein the magnetic-field-generating device and/or the magnetic-field-sensitive measuring assembly can be attached to an outer lateral surface of the guide body in a
mechanically separable manner.
31. The device according to claim 30, further comprising: a fastening device with which the magnetic-field-generating device and/or the magnetic-field-sensitive measuring arrangement can be detachably fastened to the outer lateral surface.
22. (New) The device according to claim 21, wherein the device has a fastening device with which the magnetic-field-generating device and/or the magnetic-field-sensitive measuring assembly can be detachably fastened to the outer lateral surface.
Allowable Subject Matter
Claims 18, 23, 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 18, the prior art made of record neither shows nor suggests the device, wherein:
[[wherein]] the magnetic field of the magnetic-field-generating device has a main axis Y,
[[wherein]] the guide body has a longitudinal axis Z,
[[wherein]] a transverse axis X runs perpendicular to the longitudinal axis Z and main axis Y,
[[wherein]] the transverse axis X and a reference axis A intersecting the magnetic-field-sensitive measuring device (3) together span a center point angle α,
[[wherein]] the center point angle α is between 20° and 80°.
Regarding claim 23, the prior art made of record neither shows nor suggests the device, wherein:
[[wherein]] the device has a housing,
[[wherein]] the housing is designed to be arranged in contact with the medium in an opening of the guide body,
[[wherein]] the magnetic-field-generating device, in particular the at least one permanent magnet, and the magnetic-field-sensitive measuring assembly are arranged in the housing.
Regarding claim 24, the prior art made of record neither shows nor suggests the device, wherein:
[[wherein]] the housing has a front section, which intersects a main axis Y of the magnetic field,
[[wherein]] the magnetic-field-sensitive measuring assembly is arranged between the magnetic-field-generating device and the front section.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARREN K FENWICK whose telephone number is (571)270-3040. The examiner can normally be reached 10:30 AM to 7:00 PM, Monday through Friday.
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, Walter L. Lindsay, Jr. can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
WKF