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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “3.1” has been used to designate both impeller “blade” ([0051], Figure 8) and “bore” ([0049]). This is most likely because [0049] should refer to bore 3.3.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “5” has been used to designate both “Teflon ring” ([0039]) and “profiled sealing” ([0047]). This is most likely because [0047] should refer to profiled sealing 2.
If, however, neither is the case, corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
[0046] and [0049] both refer to “impeller shaft stud” with reference 1.9 and 4.11. It is understood from the drawings that these elements are separate parts, but for clarity stake, perhaps changing the name to reflect an upper and a lower impeller shaft stud would be helpful.
[0018] of the original specification discusses both an “arched” and a “curved” seat. The claim references the arched seat, but it would appear these terms are used interchangeably? For clarity, it would be requested to stick with one usage, either arched or curved, throughout.
Page 14 of the original specification contains the phrase “4.7 – oval body”; however, the specification renders it clear that the element 4.7 is referred to as an “off-centered body”. Since the claims use this term as well, it is suggested to adjust the language of the Page 14.
Page 14 of the original specification contains the phrase “9.2 – LED display holder”; however, the specification renders it clear that the display is an LCD display, as evidenced by [0054], at least.
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.
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 1-17 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.
Clarity
Considering claim 1, the claim requires that “a switching lever clamped in the centered splined stud hole of the rotary valve”. Additionally, the claim requires “a closing cover including a switching lever affixed to the meter casing”. It is unclear whether the switching lever of the closing cover is the same or different from the switching lever clamped in the centered splined stud hole. For purposes of examination, consistent with [0043], which states that the “closing cover 8 is affixed to the meter casing 1, containing a cylindrical recess 8.2 housing the switching lever 6 inserted in the splined stud hole 4.6 of the rotary valve 4”, the Examiner shall interpret the claim the mean a single switching lever that is clamped to the centered splined stud hole and a closing cover that is affixed to the meter casing, but the closing cover itself is not affixed to the switching lever. Appropriate correction is required.
Considering claim 8, the claim requires that the “the off-centered body has a cylindrical seat in which an impeller shaft stud is mounted”, which from claim 7, is understood to mean that the off-centered body is of the rotary valve (it is noted that claim 7 also contains a 112(b) rejection below related to lack of antecedent basis). However, claim 1 already requires that the impeller shaft is in the cylindrical seat of the rotary valve. Therefore, it is unclear if the claim 8 cylindrical seat of the off-centered body, which is of the rotary valve, is the same or different from the already claimed cylindrical seat of the rotary valve as in claim 1. For purposes of examination, the Examiner shall interpret the claim to mean that the rotary valve has an off-centered body with a cylindrical seat. Appropriate correction is required.
Considering claim 10, the claim requires that the “the rectangular seat of the cylindrical skirt”, which from claim 5, is understood to mean that the cylindrical skirt is of the rotary valve (it is noted that claim 10 also contains a 112(b) rejection below related to lack of antecedent basis). However, claim 1 already requires a “rectangular seat of the rotary valve” (it is noted that claim 1 also contains a 112(b) rejection below related to a lack of antecedent basis). Therefore, it is unclear if the claim 10 rectangular seat of the cylindrical skirt, which is of the rotary valve, is the same or different from the already claimed rectangular seat of the rotary valve as in claim 1. For purposes of examination, the Examiner shall interpret the claim to mean that the rotary valve has a cylindrical skirt with a rectangular seat. Appropriate correction is required.
Antecedent Basis
Claim 1 recites the limitation "the cavity of the meter casing" in lines 3-4, “the cylindrical seat of the rotary valve" in line 6, "the arched seat of the rotary valve" in line 7, "the sensor mounting bores” in line 8, “the rectangular seat” in lines 8-9, “the measuring device bores” in lines 9-10, “the centered splined stud hole” in line 10, “the center lines” in line 17. There is insufficient antecedent basis for these limitations in the claim.
Claim 6 recites the limitation “the groove” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 6 recites the limitation “the groove” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 7 recites the limitation “the off-centered body” in line 2. There is insufficient antecedent basis for these limitations in the claim. These limitations may instead refer back to claim 5, which references the off-centered body.
Claim 10 recites the limitations “the shaft of the impeller” in lines 2-3, which finds no prior reference. Additionally, the claim recites the “the rectangular seat” and “the cylindrical skirt” in line 3. These limitations may instead refer back to one of claims 5 or 6, which reference the cylindrical skirt, however the cylindrical has not previously been stated as having a rectangular seat. There is insufficient antecedent basis for these limitations in the claim.
Claim 11 recites the limitation “the cover plate” in line 1. There is insufficient antecedent basis for these limitations in the claim. Furthermore, there are two switching levers in claim 1, so it is unclear to which switching lever the Applicant is referring.
Claim 17 recites the limitation “the housing” in line 1. There is insufficient antecedent basis for these limitations in the claim.
Claims 2-5, 9, and 12-16 are rejected based on their dependency upon rejected base claims.
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art made of record fails to disclose, suggest or otherwise render obvious the subject matter of a compact water meter having a rotary valve, a rotatably embedded impeller in a cylindrical seat of the rotary valve, a curved gear rack, a switching lever clamped in the centered splined stud hole of the rotary valve, a closing cover affixed to the meter casing, on which an electric motor connected to the curved gear rack of the rotary valve and at least one battery are mounted, wherein the center lines of the cavity of the meter casing, the impeller, the cylindrical seat of the rotary valve and the switching lever are collinear.
Combined valve and flow meters are known in the art from CN 210085362 U, US 20140165719 A1, and US 8539827 B2, at least. However, the use of a curved gear rack and electric motor, a switching lever and colinearly located center lines of an impeller, cylindrical seat and switching lever is not shown in any of the cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 5939644 A disclose an impeller style flowmeter having an optical sensor for converting rotary motion of the impeller to flow rate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan M Dunlap whose telephone number is (571)270-1335. The examiner can normally be reached Mon-Fri 10AM - 7PM.
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/JONATHAN M DUNLAP/Primary Examiner, Art Unit 2855 June 27, 2026
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