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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
4. 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.
Claim 1 is 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.
Regarding claim 1 the recitation “…each of the photon quantum sources is capable of emitting multiple kinds of photon quanta…” is ambiguous and overly broad. With emphasis on the phrase “capable of”, this is an indefinite and / or relative phrase and raises the question as to whether the claimed photon quantum sources emit multiple kinds of photon quanta or not?
Suggested recitation(s):
”…each of the photon quantum sources emit multiple kinds of photon quanta,..”.
”…each of the photon quantum sources adapted to emit multiple kinds of photon quanta,..”.
Claims 2-12 are rejected based on their dependency of claim 1.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (CN 216348888 U)
Regarding claim 1 Chen et al teaches a measurement tube 105; and a mounting bracket (inherent via 101)(fig. 1), located inside the measurement tube 105, wherein the mounting bracket is provided with a plurality of photon quantum sources 102, and a gap 201 for a to-be-measured petroleum to flow through (abstract) is reserved between each of the photon quantum sources 102 and an inner wall of the measurement tube 105; and each of the photon quantum sources 102 is capable of emitting multiple kinds of photon quanta (abstract)[Entire Document], the multiple kinds of photon quanta have different energies (Abstract)[Entire Document], and an outer wall (fig. 1) of the measurement tube 105 is provided with photon quantum sensors 102 for (Intended use recitation) the respective photon quantum sources, for (Intended use recitation) detecting the multiple kinds of photon quanta energies (Abstract)[Entire Document] emitted by corresponding photon quantum sources 102.
Regarding claim 2 Chen et al teaches the mounting bracket comprises: a mounting member (Inherent via figs. 1-3), wherein each of the photon quantum sources 102 is provided on the mounting member (Inherent via figs. 1-3); and a fixing member (Inherent via figs. 1-3), wherein the fixing member is configured for fixedly connecting the mounting member to the inner wall of the measurement tube 105 (Figs. 1-3).
Regarding claim 3 Chen et al teaches at least one mounting rod and an arrangement member (Inherent via figs. 1-3 to supply a mounting arrangement); the arrangement member is arranged coaxially with the measurement tube; and one end of each of the at least one mounting rod is connected to the arrangement member, and one end of each of the at least one mounting rod away from the arrangement member (Inherent via figs. 1-3 to supply a mounting arrangement) is provided with one of the photon quantum sources 102.
Regarding claim 4 Chen et al teaches the mounting member comprises a mounting ring parallel to a cross section of the measurement tube; and each of the photon quantum sources is provided at a periphery of the mounting ring (Inherent via figs. 1-3 to supply a mounting arrangement).
Allowable Subject Matter
Claim 5 is 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 a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the prior art of record does not anticipate nor render obvious obtaining, by a photon quantum sensor, a photon quantum count of each kind of photon quantum; determining, according to the photon quantum count of each kind of the photon quanta respectively, attenuation intensity of each kind of the photon quantum generated by a to-be-measured petroleum; and determining, if attenuation intensities of the multiple kinds of photon quanta satisfy a preset constraint relationship, phase fraction information about the to-be-measured petroleum according to photon quantum counts of the multiple kinds of photon quanta.
Claims 6-15 are objected to due to their dependency of claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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US 12169171 B2 Method and device for measuring sand content in miscible phase fluid
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855
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