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 § 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 1-20 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. In claim 1, on line 3, it is unclear what “hydrogen exposed” is referring to. It appears a clause of exposing the vibratory element to hydrogen in a process fluid is lacking and should be added since the claim appears to be incomplete without it. Further, in claim 2, “the process fluid” lacks any antecedent basis. In claims 5 and 15, the terminology “and/or” is unclear since the metes and bounds of the claim cannot be determined. In claim 11, on lines 7-8, it should be clarified what “the hydrogen” is referring to since the vibratory meter and the process fluid both have hydrogen. Claims 2, 4, 6-10, 12-14 and 16-20 are rejected due to their dependencies on claims 1 and 11.
Allowable Subject Matter
Claims 1-20 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 primary reason for allowance of the claims is that the prior art fails to teach or suggest a method for estimating a hydrogen loading induced change in a vibratory meter as found in claim 1 along with calculating, based on the pressure and the temperature of the hydrogen, a concentration of the hydrogen in the vibratory element; and adjusting a calibration coefficient of the vibratory meter based on the calculated concentration of the hydrogen in the vibratory element or a vibratory meter as found in claim 11 along with the meter electronics (20) being configured to: determine a pressure and a temperature of the hydrogen; calculate, based on the pressure and the temperature of the hydrogen, a concentration of the hydrogen in the vibratory element (130); and adjust a calibration coefficient of the vibratory meter based on the calculated concentration of the hydrogen in the vibratory element (130).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art listed on PTO-892 are cited to include state of the art calibration devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NASHMIYA FAYYAZ whose telephone number is (571)272-2192. The examiner can normally be reached Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at (571)272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NF
Examiner
Art Unit 2855
/N.S.F/Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/Supervisory Patent Examiner, Art Unit 2855
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