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 lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claims recite receiving “a first time series“ and receiving “a second time series“ which is unclear. It is unclear whether the time series corresponds to a frequency, a signal, a waveform, a clock signal, etc. The claims also recite “a first piezoelectric sensor or transducer … and a second piezoelectric sensor or transducer” which is unclear. It is unclear whether the claim requires each of the sensors or transducers be piezoelectric, or only piezoelectric sensors with an alternative being a generic transducer.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5, 9-13, 15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2023010244 to Xia in view of US 20190128715 to Cawte.
Regarding Claim 1, Xia discloses a system comprising: an ultrasonic flow sensor that includes a flow tube for delivering a fluid from a fluid source, a first piezoelectric sensor or transducer arranged at an upstream position of the flow tube, and a second piezoelectric sensor or transducer arranged at a downstream position of the flow tube (Figs. 1-4, ultrasonic flow meter with measuring tube 1, ultrasonic sensor 2, and ultrasonic sensor 3; ¶¶ [0009]-[0013]); and at least one processor (Figs. 1-4, calculation unit 4 with received signal acquisition unit (first received signal acquisition unit) 401, a received signal acquisition unit (second received signal acquisition unit) 402, a zero-crossing point measurement unit (first zero-crossing point measurement unit) 403, a zero-crossing point measurement unit (second zero-crossing point measurement unit) 404, a time difference calculation unit 405, an average value calculation unit (first average value calculation unit) 406, an average value calculation unit (second average value calculation unit) 407, a difference calculation unit 408, and a flow rate calculation unit 409; ¶¶ [0014]-[0018]); configured to: receive a first time-series generated by the ultrasonic flow sensor by causing the first piezoelectric sensor or transducer to transmit at least one first ultrasonic signal to the second piezoelectric sensor or transducer (Figs. 1-4, calculation unit 4 with received signal acquisition unit (first received signal acquisition unit) 401 and received signal acquisition unit (second received signal acquisition unit) 402; ¶¶ [0014]-[0018]); receive a second time-series generated by the ultrasonic flow sensor by causing the second piezoelectric sensor or transducer to transmit at least one second ultrasonic signal to the first piezoelectric sensor or transducer (Figs. 1-4, calculation unit 4 with received signal acquisition unit (first received signal acquisition unit) 401 and received signal acquisition unit (second received signal acquisition unit) 402; ¶¶ [0014]-[0018]); and determine, based on the first time-series and the second time-series, whether to modify a previous amount associated with at least one attribute of the fluid with an interval amount associated with the at least one attribute of the fluid, wherein the interval amount associated with the at least one attribute of the fluid is calculated based on the first time-series and the second-time series (Figs. 1-4, calculation unit 4 with time difference calculation unit 405 and difference calculation unit 408 calculating the difference between average value calculated by the average value calculation unit 406 and average value calculated by average value calculation unit 407 as a correction value and flow rate calculation unit 409 calculating fluid flow rate inside measuring tube 1 based on the calculation results from the time difference calculation unit 405 and calculation results from difference calculation unit 408; ¶¶ [0022]-[0026]).
However, Xia does not explicitly disclose piezoelectric transducers or the first time series and the second time series are in a same time interval. Cawte discloses piezoelectric transducers and the first time series and the second time series are in a same time interval (Figs. 1-7, signals are emitted from the first and second piezo transducers 30, 32 simultaneously or near-simultaneous signals that are not transmitted at exactly the same time, but cross each other in the measurement channel 24; ¶¶ [0056], [0068]-[0072], [0116]-[0122]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Xia by providing piezoelectric transducers and the first time series and the second time series are in a same time interval as in Cawte in order to provide for greater accuracy while using a well-known alternative type of ultrasonic transducer. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)."
Regarding Claim 2, Xia discloses the at least one attribute of the fluid includes at least one of the following attributes of the fluid: a flow rate, a volume, or any combination thereof (Figs. 1-4, calculation unit 4 with time difference calculation unit 405 and difference calculation unit 408 calculating the difference between average value calculated by the average value calculation unit 406 and average value calculated by average value calculation unit 407 as a correction value and flow rate calculation unit 409 calculating fluid flow rate inside measuring tube 1 based on the calculation results from the time difference calculation unit 405 and calculation results from difference calculation unit 408; ¶¶ [0022]-[0026]).
Regarding Claim 3, Xia discloses the first time series includes a plurality of first amplitudes of the at least one first ultrasonic signal received at the second piezoelectric sensor or transducer at a plurality of first time points in the time interval, wherein the second time series includes a plurality of second amplitudes of the at least one second ultrasonic signal received at the first piezoelectric sensor or transducer at a plurality of second time points in the time interval (Figs. 1-4, first and second signals with times of zero-crossing points 33 or time points where received signals have amplitudes 34 above threshold 32; ¶¶ [0019]-[0026]), and wherein whether to modify the previous amount associated with the at least one attribute of the fluid with the interval amount associated with the at least one attribute of the fluid is determined based on at least one of the following: (i) the plurality of first amplitudes and the plurality of second amplitudes, (ii) the plurality of first time points and the plurality of second time points, or any combination thereof (Figs. 1-4, calculation unit 4 with time difference calculation unit 405 and difference calculation unit 408 calculating the difference between average value calculated by the average value calculation unit 406 and average value calculated by average value calculation unit 407 as a correction value and flow rate calculation unit 409 calculating fluid flow rate inside measuring tube 1 based on the calculation results from the time difference calculation unit 405 and calculation results from difference calculation unit 408; ¶¶ [0022]-[0026]).
Regarding Claim 5, Xia discloses the at least one processor is configured to determine, based on the first time-series and the second time-series, whether to modify the previous amount associated with at least one attribute of the fluid with the interval amount associated with the at least one attribute of the fluid by: calculating, based on the first time series and the second time series, a relative difference between the first time series and the second time series; and determining whether the relative difference between the first time series and the second time series satisfies a threshold difference (Figs. 1-4, calculation unit 4 with time difference calculation unit 405 and difference calculation unit 408 calculating the difference between average value calculated by the average value calculation unit 406 and average value calculated by average value calculation unit 407 as a correction value and flow rate calculation unit 409 calculating fluid flow rate inside measuring tube 1 based on the calculation results from the time difference calculation unit 405 and calculation results from difference calculation unit 408; ¶¶ [0022]-[0026]).
Regarding Claims 9-10, the claims appear to differ from claims 1 and 3, in that they claim the ultrasonic flow sensor rather than a system comprising the ultrasonic flow sensor. Xia in view of Cawte discloses the ultrasonic flow sensor.
. Regarding Claims 11-13 and 15, the method of the claims appears to be met by the operation of the system of claims 1-3 and 5.
Regarding Claims 19-20, the claims appear to differ from claims 11 and 13, in that the method is implemented by a computer program product including a non-transitory computer readable medium including program instructions to execute the method. Xia discloses the method is implemented by a computer program product including a non-transitory computer readable medium including program instructions to execute method (¶ [0016]).
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Cawte as applied to claims 3 and 13, and further in view of CN 109029598 to Zhou.
Regarding Claim 4, Xia in view of Cawte discloses the system of claim 3, and Xia further disclose the at least one processor is configured to determine, based on the first time-series and the second time-series, whether to modify the previous amount associated with at least one attribute of the fluid with the interval amount associated with the at least one attribute of the fluid by: calculating, based on the first time series and the second time series, an average an average value by averaging the measurement results from each unit measurement process performed by the zero-crossing point measurement unit 403 for each zero-crossing point associated with the at least one first ultrasonic signal received at the second piezoelectric sensor or transducer at the plurality of first time points in the time interval and the at least one second ultrasonic signal received at the first piezoelectric sensor or transducer at the plurality of second time points in the time interval (¶ [0022]); and determining whether the average value satisfies a threshold (Figs. 1-4, calculation unit 4 with time difference calculation unit 405 and difference calculation unit 408 calculating the difference between average value calculated by the average value calculation unit 406 and average value calculated by average value calculation unit 407 as a correction value and flow rate calculation unit 409 calculating fluid flow rate inside measuring tube 1 based on the calculation results from the time difference calculation unit 405 and calculation results from difference calculation unit 408; ¶¶ [0022]-[0026]).
However, Xia does not explicitly disclose the average value is an average amplitude. Zhou discloses the average value is an average amplitude (Fig. 3, average amplitude of 2N sets of ultrasonic signals collected to obtain an average waveform as a reference waveform; ¶¶ [0009]-[0019]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Xia in view of Cawte by providing the average value is an average amplitude as in Zhou in order to provide for improved accuracy.
Regarding Claim 14, the method of the claim appears to be met by the operation of the system of claim 4.
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Cawte as applied to claims 3 and 13, and further in view of JP 2018138891 to Yu.
Regarding Claim 6, Xia in view of Cawte discloses the system of claim 3, and Xia further discloses the at least one processor is configured to determine, based on the first time-series and the second time-series, whether to modify the previous amount associated with at least one attribute of the fluid with the interval amount associated with the at least one attribute of the fluid by: calculating a standard deviation of a values related to a flow rate of the fluid in the flow tube over a plurality of time intervals before the time interval; and determining whether the standard deviation of the value related to the flow rate of the fluid in the flow tube satisfies a threshold deviation (mean calculation unit 406 may calculate final mean (Δt1_2_3_4_N) by performing an N-mean in order to maintain the standard deviation… As a result, the flow rate calculation unit 409 can correct the temperature characteristics of ZC5Δt and ZC6Δt to be closer to the temperature characteristics of ZC1Δt to ZC4Δt while maintaining the standard deviations of ZC5Δt and ZC6Δt ¶¶ [0035]-[0038]).
However, Xia does not explicitly disclose the value is a standard deviation of a flow rate. Yu discloses the value is a standard deviation of a flow rate (Fig. 1, flow rate measurement circuit 110 with standard deviation determination circuit 112 and standard deviation calculation circuit 120; ¶¶ [0018], [0027]-[0029]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Xia in view of Cawte by providing the value is a standard deviation of a flow rate as in Yu in order to provide for improved accuracy.
Regarding Claim 16, the method of the claim appears to be met by the operation of the system of claim 6.
Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Cawte as applied to claims 3 and 13, and further in view of US 20110238332 to Shiba
Regarding Claim 7, Xia in view of Cawte discloses the system of claim 3, and Xia further discloses the at least one processor is configured to determine, based on the first time-series and the second time-series, whether to modify the previous amount associated with at least one attribute of the fluid with the interval amount associated with the at least one attribute of the fluid by: determining, based on the first time series and the second time series, a plurality of differences in transit time between the at least one first ultrasonic signal and the at least one second ultrasonic signal (Figs. 1-4, calculation unit 4 with time difference calculation unit 405 and difference calculation unit 408 calculating the difference between average value calculated by the average value calculation unit 406 and average value calculated by average value calculation unit 407 as a correction value and flow rate calculation unit 409 calculating fluid flow rate inside measuring tube 1 based on the calculation results from the time difference calculation unit 405 and calculation results from difference calculation unit 408; ¶¶ [0022]-[0026]).
Xia in view of Cawte does not explicitly disclose calculating an average difference in transit time of the plurality of differences in transit time; and determining whether a range of the differences in transit time between the at least one first ultrasonic signal and the at least one second ultrasonic signal satisfies a threshold range determined based on the average difference in transit time of the plurality of differences in transit time. Shiba discloses calculating an average difference in transit time of the plurality of differences in transit time; and determining whether a range of the differences in transit time between the at least one first ultrasonic signal and the at least one second ultrasonic signal satisfies a threshold range determined based on the average difference in transit time of the plurality of differences in transit time (Figs. 1-5, propagation time is predicted using the propagation time at the second time or the moving average of the propagation times at the first time and the second time. At the third time, the propagation time is predicted using the propagation time at the second time or the moving average of the propagation times at the first time and the second time; ¶¶ [0062], [0134], [0197]-[0201]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Xia in view of Cawte by providing calculating an average difference in transit time of the plurality of differences in transit time; and determining whether a range of the differences in transit time between the at least one first ultrasonic signal and the at least one second ultrasonic signal satisfies a threshold range determined based on the average difference in transit time of the plurality of differences in transit time as in Shiba in order to provide for improved accuracy.
Regarding Claim 17, the method of the claim appears to be met by the operation of the system of claim 7.
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Cawte as applied to claims 3 and 13, and further in view of US 5600073 to Hill.
Regarding Claim 8, Xia in view of Cawte discloses the system of claim 3, and Xia further discloses the at least one processor is configured to determine, based on the first time-series and the second time-series, whether to modify the previous amount associated with at least one attribute of the fluid with the interval amount associated with the at least one attribute of the fluid (Figs. 1-4, calculation unit 4 with time difference calculation unit 405 and difference calculation unit 408 calculating the difference between average value calculated by the average value calculation unit 406 and average value calculated by average value calculation unit 407 as a correction value and flow rate calculation unit 409 calculating fluid flow rate inside measuring tube 1 based on the calculation results from the time difference calculation unit 405 and calculation results from difference calculation unit 408; ¶¶ [0022]-[0026]).
However, Xia in view of Cawte does not disclose providing, as input to at least one machine learning model, the first time-series and the second time-series; and receiving, as output from the at least one machine learning model, a prediction of whether to modify the previous amount associated with the at least one attribute of the fluid with the interval amount associated with the at least one attribute. Hill discloses providing, as input to at least one machine learning model, the first time-series and the second time-series; and receiving, as output from the at least one machine learning model, a prediction of whether to modify the previous amount associated with the at least one attribute of the fluid with the interval amount associated with the at least one attribute (Figs. 1 and 21-24, data graphs used to train neural network 100 to recognize the flow conditions of the ultrasonic data; Col. 16, line 16 -Col. 17, line 44). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Xia in view of Cawte by providing, as input to at least one machine learning model, the first time-series and the second time-series; and receiving, as output from the at least one machine learning model, a prediction of whether to modify the previous amount associated with the at least one attribute of the fluid with the interval amount associated with the at least one attribute as in Hill in order to provide for improved accuracy.
Regarding Claim 18, the method of the claim appears to be met by the operation of the system of claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BOLDUC whose telephone number is (571)270-1602. The examiner can normally be reached M-F, 10am-6pm.
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/DAVID J BOLDUC/Primary Examiner, Art Unit 2852
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