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 statements (IDS) submitted on 24 July 2024 and 25 October 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDSs have been considered by the Examiner herein.
CLAIM STATUS
Claims 1-10 were originally filed.
Claims 1-10 are currently amended.
Claims 1-10 are currently pending and have been examined herein.
INITIAL REMARKS
Applicant is reminded that in order to be entitled to reconsideration or further examination, the Applicant or patent owner must reply to the Office action. The reply by the Applicant or patent owner must be reduced to a writing which distinctly and specifically points out the supposed errors in the examiner' s action and must reply to every ground of objection and rejection in the prior Office action. The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. If the reply is with respect to an application, a request may be made that objections or requirements as to form not necessary to further consideration of the claims, be held in abeyance until allowable subject matter is indicated. The Applicant's or patent owner's reply must appear throughout to be a bona fide attempt to advance the application or the reexamination proceeding to final action. A general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section.
Should the Applicant believe that a telephone conference would expedite the prosecution of the instant application, Applicant is invited to call the Examiner.
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 1-10 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.
Re claim 1, Applicant recites the element, “a generally cylindrical cavity…” (emphasis added), which is a relative term that renders the claim indefinite. In particular, such limitation is not defined by the claim, the Specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of its scope. In the interest of compact prosecution and for the purposes of examination, the Examiner will interpret this limitation as a cylindrical cavity.
Re claims 2-10, Applicant recites limitations, respectively dependent from claim 1, but that fail to cure the deficiencies discussed in the rejection above. Accordingly, claims 2-10 are rejected based at least on the same reasons applied to claim 1.
CLAIM REJECTIONS - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Kapartis, US5877416A (hereinafter “KAPARTIS”).
Re claim 1, KAPARTIS discloses a fluid flow sensor [Fig.4] comprising:
a first reflector surface [Fig.4/3];
a second reflector surface spaced apart from the first reflector surface [Fig.4/2];
a generally cylindrical cavity between the first and second reflector surfaces, the cavity comprising a central longitudinal axis [Figs.2-4 and associated text]; and
a plurality of transducers located in the first reflector surface, at least one transducer of the plurality of transducers occupying a space from a first radial distance from the longitudinal axis to a second radial distance from the longitudinal axis [Figs.2-4 and associated text];
wherein the cavity further comprises a narrowest part where a separation between the first and second reflector surfaces is a minimum distance, the minimum distance being less than a separation between the first and second reflector surfaces along the longitudinal axis [Figs.2-4 and associated text], and
wherein the narrowest part at least partially surrounds the longitudinal axis and is at least partially located between the first radial distance and the second radial distance from the longitudinal axis [Figs.2-4 and associated text]
Re claim 2, KAPARTIS discloses the fluid flow sensor of claim 1, as shown above. KAPARTIS further discloses:
wherein one of the first and second reflector surfaces comprises a ridge surrounding a centre of that reflector surface and wherein the narrowest part of the cavity is defined between the ridge and the other of the first and second reflector surfaces [Fig.4 and associated text]
Re claim 3, KAPARTIS discloses the fluid flow sensor of claim 2, as shown above. KAPARTIS further discloses:
wherein the ridge is a continuous annular ridge that surrounds the centre of the reflector surface on which it is formed [Fig.4 and associated text]
Re claim 4, KAPARTIS discloses the fluid flow sensor of claim 2, as shown above. KAPARTIS further discloses:
wherein the ridge has an arc-shaped cross-section [Fig.4 and associated text]
Re claim 5, KAPARTIS discloses the fluid flow sensor of claim 1, as shown above. KAPARTIS further discloses:
wherein at least one of the first and second reflector surfaces comprises an indentation at least partially surrounded by the narrowest part of the cavity [Fig.4 and associated text]
Re claim 6, KAPARTIS discloses the fluid flow sensor of claim 5, as shown above. KAPARTIS further discloses:
wherein the indentation is concave [Fig.4 and associated text]
Re claim 7, KAPARTIS discloses the fluid flow sensor of claim 1, as shown above. KAPARTIS further discloses:
a lip surrounding at least one of the first and second reflector surfaces [Fig.4 and associated text]
Re claim 8, KAPARTIS discloses the fluid flow sensor of claim 1, as shown above. KAPARTIS further discloses:
wherein the at least one transducer has a centre at a third radial distance from the longitudinal axis, and wherein the narrowest part is at least partially located at a radial location between the second radial distance and half of the third radial distance [Figs.2-4 and associated text]
Re claim 9, KAPARTIS discloses the fluid flow sensor of claim 1, as shown above. KAPARTIS further discloses:
wherein the at least one transducer comprises a centre at a third radial distance from the longitudinal axis, and wherein the narrowest part of the cavity is entirely located at a distance of at least half the third radial distance from the longitudinal axis [Figs.2-4 and associated text]
Re claim 10, KAPARTIS discloses the fluid flow sensor of claim 1, as shown above. KAPARTIS further discloses:
wherein the narrowest part of the cavity is entirely located at least a distance equal to 30% of a radius of a smaller of the first and second reflector surfaces from the longitudinal axis [Figs.2-4 and associated text]
RELEVANT PRIOR ART
The Examiner would like to make Applicant aware of prior art references, not relied upon in this action, but pertinent to Applicant’s disclosure. They are as follows:
US20190056281A1, Kapartis – sensor system for fluid measurements
US20190107420A1, Kincel – fluid flow measuring device
US20210148741A1, Nielsen et al. – ultrasonic flow measurement system comprising a cylindrical cavity, transducers, and reflectors
US20210325216A1, Shen – ultrasonic flow meter
CONCLUSION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M HAMMOND III whose telephone number is 571-272-2215. The Examiner can normally be reached on Monday-Friday 0800-1700.
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, Peter Macchiarolo can be reached on 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. For more information about the PAIR system, see: https://ppair-my.uspto.gov/pair/PrivatePair.
Respectfully,
/Thomas M Hammond III/Primary Examiner, GAU 2855
Prosecution Insights