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 .
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) 1–9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto (US Pat. # 6044716).
Regarding claims 1 and 12, Yamamoto teaches, “(claim 12: method) A pitot tube type flowmeter (Fig. 10–12, 14, 17, 18) comprising: a pitot tube having total pressure holes for detecting a total pressure of a fluid and static pressure holes for detecting a static pressure of the fluid (col. 7, ln. 48–col. 8, ln. 35); and a differential pressure sensor that is connected to the pitot tube and detects a differential pressure between the total pressure and the static pressure (70a–70d), wherein the pitot tube includes: a main tube portion that includes a connection port to which the differential pressure sensor is connected, and in which the total pressure holes and the static pressure holes are formed (“total pressure outlet port”; see col. 8, ln. 18–36); and a plurality of branch tube portions that branches off from the main tube portion and in which the total pressure holes and the static pressure holes are formed (“static pressure outlet port”; see col. 8, ln. 18–36), and each of the main tube portion and the plurality of branch tube portions has a shape that reduces a pressure loss (col. 9, ln. 18–23).”
Regarding claim 2, Yamamoto teaches, “wherein a plurality of the total pressure holes and a plurality of the static pressure holes are formed in each of the main tube portion and the plurality of branch tube portions (see position of 7’s in Fig. 10, 11, 14, 17, 18).”
Regarding claim 3, Yamamoto teaches, “wherein the main tube portion and the plurality of branch tube portions are provided at equal intervals in a circumferential direction in a flow passage cross section (see position of main/branch tubes in Fig. 10, 11, 14, 16).”
Regarding claim 4, Yamamoto teaches, “wherein two of the branch tube portions branch off to both sides with respect to the main tube portion, so that the pitot tube has a cross shape when viewed from a fluid flow direction (see Fig. 10, 11, 14, 16, position of total/static pressure outlets provided in each of 70a–70d).”
Regarding claim 5, Yamamoto teaches, “wherein the total pressure holes formed in the main tube portion and the plurality of branch tube portions are located in a same plane, and the static pressure holes formed in the main tube portion and the plurality of branch tube portions are located in a same plane (see positioning of 7’s in Fig. 10, 11, 14, 17, 18).”
Regarding claim 6, Yamamoto teaches, “wherein a portion of the main tube portion extending to the connection port from a branch point at which the plurality of branch tube portions branches off is longer than other tube portions (see width portion of 15 where tubes connect, which is wider than width of tube portions as shown in Fig. 10, 11).”
Regarding claim 7, Yamamoto teaches, “wherein the main tube portion is fixed to a pipe through which the fluid flows (connected through 18; see at least Fig. 10 and 11).”
Regarding claim 8, Yamamoto teaches, “wherein each of the main tube portion and the plurality of branch tube portions has a tapered shape at an upstream portion and a downstream portion in a fluid flow direction (see Fig. 17 and 18).”
Regarding claim 9, Yamamoto teaches, “wherein an area ratio of the pitot tube to a flow passage through which the fluid flows is 15% or more and 40% or less (see ref. # 15, 70a–70d in 10; Fig. 10).”
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US Pat. # 6044716) in view of Kondo et al. (US Pub. # 20180202845), hereinafter referred to as Kondo.
Regarding claims 10 and 11, Yamamoto does not necessarily teach, “the pitot tube type flowmeter being fixed to a gas pipe through which gas flows; and a gas analyzer that measures a concentration of a predetermined component contained in the gas, wherein the gas pipe is provided with a sampling portion that samples the gas and guides the gas to the gas analyzer; wherein the gas pipe includes an elbow pipe, and the pitot tube type flowmeter is provided on a downstream side of the elbow pipe.” However, Kondo teaches the deficiencies of Yamamoto (see at least Fig. 2). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Yamamoto’s invention to include the pitot tube type flowmeter being fixed to a gas pipe through which gas flows; and a gas analyzer that measures a concentration of a predetermined component contained in the gas, wherein the gas pipe is provided with a sampling portion that samples the gas and guides the gas to the gas analyzer; wherein the gas pipe includes an elbow pipe, and the pitot tube type flowmeter is provided on a downstream side of the elbow pipe.
The ordinary artisan would have been motivated to modify Yamamoto’s invention for at least the purpose of detecting flow characteristics of gas flowing in real time, which provides the operator or system with refined and more efficient control.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO–892 form. The references cited herewith teach flow measuring devices with configurations similar to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D WALSH whose telephone number is (571)272-2726. The examiner can normally be reached M-F, 8:30am-6:30pm.
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/RYAN D WALSH/Primary Examiner, Art Unit 2852
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