Prosecution Insights
Last updated: October 26, 2026
Application No. 18/710,739

MEASURING TUBE SYSTEM, MEASURING TUBE AND PRODUCTION METHOD FOR A MEASURING TUBE SYSTEM

Non-Final OA §102§103
Filed
May 16, 2024
Priority
Nov 17, 2021 — DE 10 2021 130 048.7 +1 more
Examiner
ZHONG, XIN Y
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Endress+Hauser Flowtec AG
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
492 granted / 643 resolved
+8.5% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
671
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
25.0%
-15.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 643 resolved cases

Office Action

§102 §103
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 . Specification The disclosure is objected to because of the following informalities: Column 5, line 19, “330, 330’” should be “430, 430’”. Appropriate correction is required. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 15-16, 19-21, 23-26 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bitto et al. (U.S. Publication No. 20070234823). Regardign claim 15, Bitto teaches a measuring tube system for a measuring device, comprising: an n-fold number of measuring tubes (Figs. 1-7, 11 and 12) for conducting a flowable medium, wherein the measuring tubes each have two end regions, and wherein n>=1; a first block (Figs. 1-7, 41 and 43) with an n-fold number of first channels passing through the first block, wherein the measuring tubes, in a first end region, are each at least partially conducted through the corresponding first channels and are integrally, frictionally, and/or form-fittingly fixed in the corresponding first channels (Paragraphs 71-72); and a second block (Figs. 1-7, 20) with an n-fold number of second channels passing through the second block, wherein the first block and the second block are arranged such that the first channels and the second channels correspondingly adjoin one another and the first block and the second block are connected in a fluid-tight manner (Paragraphs 71-72). Regarding claim 16, Bitto teaches wherein each of the measuring tubes, in the first end region, has a conical flange, wherein each of the second channels has a conical taper (Paragraph 73). Regarding claim 19, Bitto teaches a connection element designed to connect the first block to the second block and to form a pressing force between the first block and the second block (Paragraph 70). Regarding claim 20, Bitto teaches wherein the connection element is attached to corresponding receptacles of the first block and the second block (Paragraphs 69-70). Regarding claim 21, Bitto teaches wherein the corresponding receptacles are threads (Paragraphs 69-70). Regarding claim 23, Bitto teaches wherein when n>=2, the second channels converge in the second block and leave the second block in a common channel (As shown in Fig.5). Regarding claim 24, Bitto teaches wherein the second block includes a process connector into which the common channel opens (As shown in Fig.5). Regarding claim 25, Bitto teaches wherein the first block, or a third block, has an n-fold number of further first channels, wherein the measuring tubes, in a second end region, are each at least partially conducted through the corresponding first further channels and are integrally, frictionally, and/or form-fittingly fixed in the corresponding further first channels, wherein a fourth block is provided with the n-fold number of further second channels passing through the fourth block, wherein the first block, or the third block, and the fourth block are arranged in such a way that the further first channels and the further second channels correspondingly adjoin one another and the first block, or the third block, and the fourth block are connected in a fluid-tight manner (As shown in Fig.5). Regarding claim 26, Bitto teaches wherein n is equal to 1 (Paragraph 58). Regarding claim 28, Bitto teaches a measuring device for detecting a mass flow rate, a viscosity, a density, and/or a variable derived therefrom, of a flowable medium, comprising: a measuring tube system, including: an n-fold number of measuring tubes (Figs. 1-7, 11 and 12) for conducting a flowable medium, wherein the measuring tubes each have two end regions, and wherein n>=1; a first block (Figs. 1-7, 41 and 43) with an n-fold number of first channels passing through the first block, wherein the measuring tubes, in a first end region, are each at least partially conducted through the corresponding first channels and are integrally, frictionally, and/or form-fittingly fixed in the corresponding first channels (Paragraphs 71-72); and a second block (Figs. 1-7, 20) with an n-fold number of second channels passing through the second block, wherein the first block and the second block are arranged such that the first channels and the second channels correspondingly adjoin one another and the first block and the second block are connected in a fluid-tight manner (Paragraphs 71-72); at least one vibration exciter which is designed to excite the measuring tubes to vibrate; at least one vibration sensor which is designed to detect at least one deflection of a vibration of the measuring tubes; and an electronic measuring and/or operating circuit designed to operate the at least one vibration sensor and the at least one vibration exciter and is connected thereto by means of electrical connections, wherein the electronic measuring and/or operating circuit is further designed to ascertain and provide the mass flow rate, the viscosity, and/or the density, and/or the variable derived therefrom, of a flowable medium (Paragraphs 62-63). 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. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Bitto et al. (U.S. Publication No. 20070234823). Regarding claim 22, Bitto teaches all the features of claim 15 as outlined above, Bitto is silent about wherein the measuring tubes are fixed in the corresponding first channels by a solder joint. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to fix the measuring tubes in to corresponding first channels by a solder joint, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). Allowable Subject Matter Claims 17-18 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. The following is an examiner’s statement of reasons for allowance: The primary reasons for allowance of dependent claim 17 is the inclusion of the specific limitations of “an n-fold number of sealing elements, wherein each of the sealing elements has a first conical end region and a second conical end region, wherein the sealing elements are each inserted between the first block and the second block such that the first conical end region of the sealing elements terminates with the conical flange of the first end region of the corresponding measuring tube and that the second conical end region of the sealing element terminates with the conical taper of the corresponding second channel”, in combination of with all other recited (method steps/associated elements) in a measuring tube system for a measuring device. Claim 27 is allowed over the prior art of record. The following is an examiner’s statement of reasons for allowance: The primary reasons for allowance of independent claim 27 is the inclusion of the specific limitations of “wherein the sealing elements each have a first conical end region and a second conical end region, and wherein n>=1; integrally, frictionally, or form-fittingly connecting a first end region of the measuring tubes to the corresponding first channels; flanging the first end regions of the measuring tubes to form a conical flange; inserting the sealing elements between the first block and the second block such that the first conical end region of the sealing element terminates with the conical flange of the first end region of the corresponding measuring tube and that the second conical end region of the sealing element terminates with the conical taper of the corresponding second channel”, in combination of with all other recited (method steps/associated elements) in a method for producing a measuring tube system. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIN Y ZHONG whose telephone number is (571)272-3798. The examiner can normally be reached M-F 9 a.m. - 6 p.m.. 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. /XIN Y ZHONG/ Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

May 16, 2024
Application Filed
Sep 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
92%
With Interview (+15.3%)
2y 9m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 643 resolved cases by this examiner. Grant probability derived from career allowance rate.

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