Prosecution Insights
Last updated: July 17, 2026
Application No. 18/720,102

METHOD FOR OPERATING AN ULTRASONIC MEASURING DEVICE, AND AN ULTRASONIC MEASURING DEVICE

Non-Final OA §112
Filed
Jun 14, 2024
Priority
Dec 15, 2021 — DE 10 2021 133 188.9 +1 more
Examiner
FENWICK, WARREN K
Art Unit
Tech Center
Assignee
Endress+Hauser Flowtec AG
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
574 granted / 641 resolved
+29.5% vs TC avg
Minimal +0% lift
Without
With
+0.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
10 currently pending
Career history
654
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
50.0%
+10.0% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
7.0%
-33.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 641 resolved cases

Office Action

§112
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 06/14/2024 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 06/27/2024. Claims 1 – 11 were previously filed on 03/14/2024. Examiner has acknowledged and reviewed applicant's cancellation of claims 1 - 11, and the addition of new claims 12 - 23. Examiner has reviewed newly added claims 12 - 23, and newly added claims 12 - 23, and those claims do not constitute new matter issues. Claim Objections Claims 12, 14, 21, and 23 are objected to because of the following informalities: grammatical errors. Claims 12, 14, 21, and 23 recite “two pair” instead of “two pairs”. Appropriate correction is required. 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. Claims 12 and 21 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Regarding claims 12 and 21, the phrase "in each case" renders the claim indefinite because it is unclear whether the limitations preceding the phrase are part of the claimed invention. See MPEP § 2173.05(d). Allowable Subject Matter Claims 13 - 20, 22, 23 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 13, the prior art made of record neither shows nor suggests the method, further comprising receiving the ultrasonic signals of different modes, which receiving includes a time delay greater than an average duration of the ultrasonic signals. Regarding claim 14, and claim 15 which depends therefrom, the prior art made of record neither shows nor suggests the method, wherein the at least two pair of ultrasonic transducers are each arranged on different groups of flat wall sections with one or two wall sections. Regarding claim 16, the prior art made of record neither shows nor suggests the method, wherein at least two of the at least two signal paths have signal propagation times of different duration. Regarding claim 17, and claim 18 which depends therefrom, the prior art made of record neither shows nor suggests the method, wherein the wall includes several wall sections which, in a cross-section through the wall, define an even-numbered polygon. Regarding claim 19, and claim 20 which depends therefrom, the prior art made of record neither shows nor suggests the method, further comprising, with the electronic measuring-operating circuit: detecting intensities of ultrasonic signals of the different modes; and determining at least one physical property of the medium from the measured intensities. Regarding claim 22, and claim 23 which depends therefrom, the prior art made of record neither shows nor suggests the ultrasonic measuring device, wherein the holding apparatus is a measuring tube, which measuring tube guides the medium flowing through a tube line, wherein the ultrasonic transducers are arranged on an outer surface of the measuring tube, or wherein the arrangement with the holding apparatus is immersed in the medium within a container. 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. 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. /WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852 WKF
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Prosecution Timeline

Jun 14, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §112 (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
90%
Grant Probability
90%
With Interview (+0.3%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 641 resolved cases by this examiner. Grant probability derived from career allowance rate.

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