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
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) 1-10, 14 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koyano (U.S. 2013/0104667).
Regarding claims 1, 14 and 21, Koyano teaches a transit-time-differential acoustic flowmeter structure, comprising: a housing comprising a first part 20 and a second part 30, the first part and the second part being releasably connectable to one another (see figures 1 and 3a), wherein at least one of the first part and the second part define a channel portion to receive a disposable flow tube 10, wherein the first part of the housing comprising a first pair of transducers 40 provided in spaced relation to one another.
Regarding claim 2, Koyano further teaches wherein each one of the first pair of transducers 80 forms part of the channel portion for the first part of the housing (see figure 10).
Regarding claim 3, Koyano further teaches wherein the second part of the housing comprises a second pair of transducers provided in spaced relation to one another (see figure 13; housing parts 20 and 30 each include ultrasonic transducers 80).
Regarding claim 4, Koyano further teaches wherein each one of the second pair of transducers 80 forms part of the channel portion for the second part of the housing (see figure 13).
Regarding claim 5, Koyano further teaches wherein the second pair of transducers 80 are aligned with the first pair of transducers 80 such that, when the first part of the housing 20 and the second part of the housing 30 are connected to one another, respective ones of the first pair of transducers are adjacent to corresponding respective ones of the second pair of transducers, whereby to form a pair of annular transducer elements for the flowmeter structure (see figure 13).
Regarding claims 6 and 7, Koyano further teaches wherein each one of the first pair of transducers 80 sits proud of a surface 46 of the first part of the housing (see figure 10; rims 47 which seat ultrasonic transducer 80, are protruding from surface 46 of housing part 30; additionally see para. 0099, ‘Although not shown, the ultrasonic transmitting-receiving means 80 may be provided to both of the pair of the upper and lower sensor cases 20, 30’).
Regarding claim 8, Koyano further teaches wherein the first part of the housing 20 and the second part of the housing 30 are hingedly connected 21 to one other.
Regarding claim 9, Koyano further teaches wherein the first pair of transducers are provided in respective recesses provided in the first part of the housing (see para. 0103, ‘The ultrasonic transmitting-receiving means 80 configured as is explained above is arranged in a dent portion formed between a pair of rims 47 formed in the lower sensor case 30’).
Regarding claim 10, Koyano further teaches wherein the second pair of transducers are provided in respective recesses provided in the second part of the housing (see figure 13).
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.
Claim(s) 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Koyamo.
Regarding claims 11 and 12, Koyamo does not explicitly teach wherein the transducers provided in the first and/or second housing part(s) are provided in respective recesses provided in the first part of the housing by way of interference fit and/or using an adhesive.
Koyamo does teach that the transducers are embedded in each case (20, 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Kayomo since the examiner takes Office Notice of the equivalence of an interreference fit and embedment for their use in the sensor retaining art and the selection of any of these known equivalents to retain acoustic transducers within a housing mold would be within the level of ordinary skill in the art.
Claim(s) 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Koyamo in view of Imai et al. (U.S. 2002/0104386, hereafter referred to as Imai).
Koyamo teaches all the claimed limitations except wherein the flow tube comprises a locating portion configured to engage with a recess provided in the channel portion; wherein the locating portion comprises at least one collar or sleeve provided on an outer surface of part of the flow tube; wherein the at least one collar or sleeve is an integral part of the flow tube; wherein the flow tube comprises a locating portion configured to abut an outside surface of the first part or the second part of the housing; and/or wherein the locating portion comprises a pair of collars or sleeves configured to abut opposing outside surfaces of the first part or the second part of the housing.
Imai teaches a similar acoustic flowmeter comprising a flow tube 2, ultrasonic transducers 5, housing parts (54, 53) having recesses (54a, 53a) which form a channel for flow tube 2. Imai further teaches locating portions (sleeves) 6 provided on the outer surface of the flow tube 2.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Koyamo with the teaching of Imai, specifically, the use of sleeves/collars 6 on the flow tube, in order to prevent lateral movement of the flow tube within the housing.
Additionally, One-piece construction, in place of separate elements fastened together, is a design consideration within the skill of the art. In re Kohno, 391 F.2d 959, 157 USPQ 275 (CCPA 1968); In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMEL E WILLIAMS whose telephone number is (571)270-7027. The examiner can normally be reached on Monday-Thursday, 10am-4pm.
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/JAMEL E WILLIAMS/Primary Examiner, Art Unit 2855
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