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 .
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.
Claim(s) 19-34 is/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 pre-AIA the applicant regards as the invention.
Regarding claims 19, 24, 31, 33, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. It is unclear if recitations following “in particular” are definite recitations or if they are optional examples. See MPEP § 2173.05(d).
Claim 21 recites the limitation " the at least one evaluation" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the evaluation" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 19-21, 27, 30-32, 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al (20180142806) in view of Taitt et al (20150204458), further in view of Cunningham et al (20220345668).
Regarding claim 19, in in making and/or using the device of Mueller for operating a device for providing data associated with an exchangeable (diaphragm 14 as s separate piece is seen as exchangeable) process valve shut-off body, in particular with a valve diaphragm 14, one would perform the generating, by at least one image sensor (Para 10, imaging device), at least one digital image of the process valve shut-off body arranged in the chamber (space formed by 12,18); determining, by at least one data processing unit (Para 10, imaging processing program), the data associated with the process valve shut-off body, wherein the data comprises the at least one digital image.
Mueller fails to disclose illuminating, by at least one illumination apparatus, the process valve shut-off body arranged in a chamber and taking the image of the valve body irradiated with light by the illumination apparatus. Taitt (Fig 4,5) teaches valve image recording and processing mechanism with an illuminating, by at least one illumination apparatus (backlights in camera 56), the process valve body 40 arranged in a chamber 52 and taking the image of the valve body irradiated with light by the illumination apparatus.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Mueller with illumination apparatus and camera taken illuminated picture in valve chamber as taught by Taitt in order to improve the picture quality.
Mueller as modified fails to disclose image display or sending the valve data via a mobile radio interface. Cunningham, (teaches valve monitoring (Para 80) system including image recording and diagnostic processing system comprising an image display of captured image (Para 39) by a camera 10 and sending the valve data and image via a mobile radio interface (Para 158 teaches reporting data to human interface displays including smart phones 19, Fig 2, which are mobile radio devices and such would include mobile transceiver to server 15).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Mueller as modified with image display and sending valve data/image via mobile radio interface to mobile human interface as taught by Cunningham in order to enable remote monitoring and analysis.
As to claim 20, Mueller discloses (Para 31,34) input devices 42 for determining a valve diaphragm property (energy consumption, pressure, temperature). In view of Cunningham, (transmitting valve data and image to smart phone, Para 155), the data communication would include the determined valve properties.
As to claim 21, Mueller discloses capturing, by at least one digital reading apparatus 36, an identifier (identification K, Para 34) which is associated with the process valve shut-off body 14 and which is stored on a data carrier (rfid 24) connected to the process valve shut-off body 14. Mueller also discloses (Para 31,34) input devices 42 for determining a valve diaphragm evaluation (energy consumption, pressure, temperature). In view of Cunningham, (transmitting valve data and image to smart phone), the data communication would include the determined valve properties. In view of Cunningham, (transmitting valve data and image to smart phone), the data communication would include the evaluation, the digital image, and the identifier.
As to claim 27, in Mueller (Para 10, imaging processing program) would inherently compare optical features of the shut-off body in the digital image with predefined target optical features (evaluating state of valve would inherently compare the image against an expected image); and displaying (in view of Cunningham), by display unit, an indication to the user if the comparison shows deviations (valve data) of the optical features from the target optical features). Mueller fails to disclose image sensing/analyzing in different valve states. Taitt (Fig 5, 6) teaches image capture in different valve states.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Mueller as modified with image sensing/analyzing in different valve states as taught by Taitt in order to enable continuous monitoring.
As to claim 30, normal valve function (opening/closing) would necessarily include deforming the process valve shut-off body from a relaxed state into a deformed state by a deformation apparatus (valve actuator). Mueller fails to disclose image sensing/analyzing in different valve states. Taitt (Fig 5, 6) teaches image capture in different valve states.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Mueller as modified with image sensing/analyzing in different valve states as taught by Taitt in order to enable continuous monitoring.
As to claim 31, Muleer discloses a device for providing data associated with a process valve shut-off body, the device comprising: a valve shut-off body 14 arranged in a chamber; at least one image sensor (Para 10, imaging device) configured to generate at least one digital image of the process valve shut-off body arranged in the chamber; at least one data processing unit (Para 10, imaging processing program) configured to determine the data associated with the process valve shut-off body, wherein the data comprises the at least one digital image.
Mueller fails to disclose illuminating, by at least one illumination apparatus, the process valve shut-off body arranged in a chamber and taking the image of the valve body irradiated with light by the illumination apparatus. Taitt (Fig 4,5) teaches valve image recording and processing mechanism with an illuminating, by at least one illumination apparatus (backlights in camera 56), the process valve body 40 arranged in a chamber 52 and taking the image of the valve body irradiated with light by the illumination apparatus.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Mueller with illumination apparatus and camera taken illuminated picture in valve chamber as taught by Taitt in order to improve the picture quality.
Mueller as modified fails to disclose image display or sending the valve data via a mobile radio interface. Cunningham, (teaches valve monitoring (Para 80) system including image recording and diagnostic processing system comprising an image display of captured image (Para 39) by a camera 10 and sending the valve data and image via a mobile radio interface (Para 158 teaches reporting data to human interface displays including smart phones 19, Fig 2, which are mobile radio devices and such would include mobile transceiver to server 15).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Mueller as modified with image display and sending valve data/image via mobile radio interface to mobile human interface as taught by Cunningham in order to enable remote monitoring and analysis.
As to claim 32, Mueller as modified discloses input unit 14 configured to determine a property of the process valve shut-off body (pressure, temperature, energy use); wherein the data (in view of Cunningham which sends the image and sensor data, Para 155) associated with the process valve shut-off body comprises the at least one digital image and the property.
As to claim 34, Mueller as modified (in view of Taitt) discloses one illumination apparatus as backlight which is a diffuse light toward the process valve shut-off body.
Allowable Subject Matter
Claim(s) 22-26, 28, 29, 33 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atif Chaudry at phone number 571-270-3768. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753