Prosecution Insights
Last updated: October 02, 2026
Application No. 18/753,376

ULTRASONIC FLOWMETER AND MEASUREMENT METHOD

Non-Final OA §103
Filed
Jun 25, 2024
Priority
Dec 23, 2022 — continuation of PCTJP2022047760
Examiner
HAIDER, FAWAAD
Art Unit
Tech Center
Assignee
Fuji Electric Co., Ltd.
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
1y 11m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allowance Rate
329 granted / 655 resolved
-9.8% vs TC avg
Strong +25% interview lift
Without
With
+25.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
28 currently pending
Career history
682
Total Applications
across all art units

Statute-Specific Performance

§101
33.1%
-6.9% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
4.1%
-35.9% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 655 resolved cases

Office Action

§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 . Status of Claims Claims 1-11 filed June 25, 2024 are pending and are hereby examined. Claim Rejections - 35 USC § 103 3. 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. 4. 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. 5. 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. 6. Claims 1-11 are rejected under 35 U.S.C 103 as being unpatentable over Takemura et al (US 2015/0292926) in view of Gyoutoku et al (US 2024/0167861). 7. Re Claims 1, 10: Takemura discloses comprising: a processor and a memory storing program instructions that cause the processor to (see [0003] offset memory 41): measure a plurality of propagation times from a time point at which an ultrasonic wave starts to be transmitted to each crossing time point at which a reception signal of the ultrasonic wave crosses a reference level after the reception signal crosses a threshold voltage (see [0028] measures propagation times, [0034] threshold voltage set), and extract, from among the plurality of propagation times, a specific propagation time whose difference from a reference propagation time is within a first predetermined range, and use the specific propagation time to calculate a flow rate of fluid through which the ultrasonic wave propagates (see [0029] calculate flow rate of fluid based on propagation time). However, Takemura fails to disclose the following explicitly. Meanwhile, Abraham teaches: ultrasonic wave (see [0029] ultrasonic wave). From the teaching of Gyoutoku, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Takemura’s flow meter device and flow rate calculation with Gyoutoku‘s teaching of an ultrasonic wave in order for “… sensing an entry of water into a measurement flow channel (see Gyoutoku [0001]).” 8. Re Claim 2: Takemura discloses further comprising a first sensor and a second sensor, wherein the program instructions cause the processor to extract a forward propagation time that is a specific propagation time, from among a plurality of propagation times measured when an ultrasonic wave transmitted from the first sensor is received by the second sensor, extract a backward propagation time that is a specific propagation time, from among a plurality of propagation times measured when an ultrasonic wave transmitted from the second sensor is received by the first sensor, and use the forward propagation time and the backward propagation time to calculate the flow rate (see [0028] propagation time in forward manner). 9. Re Claim 3: Takemura discloses wherein the program instructions cause the processor to use the forward propagation time and the backward propagation time to calculate the flow rate in a case where a difference between the forward propagation time and the backward propagation time is within a second predetermined range (see [0028] calculates forward and reverse). 10. Re Claim 4: Takemura discloses wherein the plurality of propagation times measured when the ultrasonic wave transmitted from the first sensor is received by the second sensor include a first forward propagation time, a second forward propagation time, and a third forward propagation time, the first forward propagation time being shorter than the second forward propagation time, the second forward propagation time being the forward propagation time, and the third forward propagation time being longer than the second forward propagation time, and the program instructions cause the processor to extract a specific forward propagation time whose difference from the backward propagation time is within the second predetermined range from among the first forward propagation time, the second forward propagation time, and the third forward propagation time, and use the specific forward propagation time and the backward propagation time to calculate the flow rate (see [0057] accumulator with forward propagation times). 11. Re Claim 5: Takemura discloses wherein the program instructions cause the processor to update the reference propagation time to the specific forward propagation time (see [0064] propagation time corrector). 12. Re Claim 6: Takemura discloses wherein the program instructions cause the processor to update the reference propagation time to the specific propagation time (see [0064] propagation time corrector). 13. Re Claim 7: Takemura discloses wherein the plurality of propagation times measured when the ultrasonic wave transmitted from the first sensor is received by the second sensor include a first propagation time, a second propagation time, a third propagation time, and a fourth propagation time, the second propagation time being longer than the first propagation time, the third propagation time being longer than the second propagation time, and the fourth propagation time being longer than the third propagation time, the plurality of propagation times measured when the ultrasonic wave transmitted from the second sensor is received by the first sensor include a fifth propagation time, a sixth propagation time, a seventh propagation time, and an eighth propagation time, the sixth propagation time being longer than the fifth propagation time, the seventh propagation time being longer than the sixth propagation time, and the eighth propagation time being longer than the seventh propagation time, the program instructions cause the processor to store the first propagation time, the second propagation time, and the third propagation time in a first buffer, a second buffer, and a third buffer, respectively, in a case where a difference between the second propagation time and the reference propagation time is within the first predetermined range, the program instructions cause the processor to store zero, the first propagation time, and the second propagation time in the first buffer, the second buffer, and the third buffer, respectively, in a case where a difference between the first propagation time and the reference propagation time is within the first predetermined range, the program instructions cause the processor to store the second propagation time, the third propagation time, and the fourth propagation time in the first buffer, the second buffer, and the third buffer, respectively, in a case where a difference between the third propagation time and the reference propagation time is within the first predetermined range, the program instructions cause the processor to store the fifth propagation time, the sixth propagation time, and the seventh propagation time in a fourth buffer, a fifth buffer, and a sixth buffer, respectively, in a case where a difference between the sixth propagation time and the reference propagation time is within the first predetermined range, the program instructions cause the processor to store zero, the fifth propagation time, and the sixth propagation time in the fourth buffer, the fifth buffer, and the sixth buffer, respectively, in a case where a difference between the fifth propagation time and the reference propagation time is within the first predetermined range, and the program instructions cause the processor to store the sixth propagation time, the seventh propagation time, and the eighth propagation time in the fourth buffer, the fifth buffer, and the sixth buffer, respectively, in a case where a difference between the seventh propagation time and the reference propagation time is within the first predetermined range (see [0029] time difference calculator and correction amount calculator). 14. Re Claim 8: Takemura discloses wherein the program instructions cause the processor to use a propagation time stored in the second buffer and a propagation time stored in the fifth buffer to calculate the flow rate in a case where a difference between the propagation time stored in the second buffer and the propagation time stored in the fifth buffer is within the second predetermined range, use the propagation time stored in the second buffer and a propagation time stored in the fourth buffer to calculate the flow rate in a case where a difference between the propagation time stored in the second buffer and the propagation time stored in the fourth buffer is within the second predetermined range, and use the propagation time stored in the second buffer and a propagation time stored in the sixth buffer to calculate the flow rate in a case where a difference between the propagation time stored in the second buffer and the propagation time stored in the sixth buffer is within the second predetermined range (see [0029] time difference calculator and correction amount calculator). 15. Re Claim 9: Takemura discloses wherein the program instructions cause the processor to update the reference propagation time to the propagation time stored in the fourth buffer in the case where the difference between the propagation time stored in the second buffer and the propagation time stored in the fourth buffer is within the second predetermined range, and update the reference propagation time to the propagation time stored in the sixth buffer in the case where the difference between the propagation time stored in the second buffer and the propagation time stored in the sixth buffer is within the second predetermined range (see [0029] time difference calculator and correction amount calculator). 16. Re Claim 11: Takemura discloses wherein the physical quantity of the medium is a flow rate of fluid through which the ultrasonic wave propagates (see [0003] flow rate of fluid through passage based on corrected propagation time). Examiner Notes 17. The Examiner suggests expounding upon what a reference level of what, and what exactly a crossing time point is. The Examiner then suggests incorporating claims 3 (dependent on 2), 5 (dependent on 4), and 11 together into the independent claims. Finally, the Examiner suggests incorporating more hardware from the Specification and any unique arrangements of hardware, unique hardware, or unique ways the hardware is communicating. The aforementioned claim suggestions, in combination together, is suggested to help advance prosecution forward, although further search, examination, and consideration is required. Conclusion 18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAWAAD HAIDER whose telephone number is (571)272-7178. The examiner can normally be reached Mon-Fri 8 AM to 5 PM. 19. 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. 20. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached on 571-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 21. 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. /FAWAAD HAIDER/Primary Examiner, Art Unit 3627
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Prosecution Timeline

Jun 25, 2024
Application Filed
Aug 21, 2026
Non-Final Rejection mailed — §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
50%
Grant Probability
76%
With Interview (+25.3%)
4y 2m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 655 resolved cases by this examiner. Grant probability derived from career allowance rate.

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