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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11 November 2024 and 30 January 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 22-42 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 22, claim lines 36-41: The claim recites broadly that the measurement and control electronics are configured to receive and evaluate the first and second vibration measurement signals. The claim (claim lines 37-38) also more narrowly recites “specifically to determine one or more mass-flow-rate measurement values”; and even more narrowly recites (claim lines 38-41) “namely measurement values representing the mass flow rate of the measured substance carried in the at least one measuring tube… Given that the broader limitation of first and second vibration measurement signals have been narrowed two additional times, it appears that the Applicant is presenting a situation of providing a broad limitation together with a narrow limitation that fall within the broad limitation.
In this instance a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Re claim 22, claim lines 43-54: The claim recites broadly determine measurement values representing… “one or more phase error measurement values”; and also the more narrow limitations of “specifically a measurement deviation of one or more first phase angles of the first vibration measurement signal… and/or a measurement deviation of one or more second phase angles of the second vibration measurement signal… and/or a measurement deviation of one or more first phase differences of the first and second vibration measurement signals..” Again, it appears that the Applicant is presenting a situation of providing a broad limitation together with a narrow limitation that falls within the broad limitation.
In this instance a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 22-42 because the prior art of record fails to teach and/or make obvious a vibronic measuring system comprising a measurement and control electronics wherein the measurement and control electronics are configured to control the drive electronics so that the drive electronics initially operate in the first operating mode and the at least one measuring tube with drive electronics operating in the first operating mode carries out forced vibrations at least during a first measuring interval, and that the drive electronics subsequently change from the first operating mode to the second operating mode and vice versa or operate alternately in the first operating mode and in the second operating mode, as a result of which the at least one measuring tube with drive electronics operating in the second operating mode carries out free damped vibrations at least during a second measuring interval and the first vibration measurement signal has a third phase angle and the second vibration measurement signal has a fourth phase angle, and
wherein the measurement and control electronics are configured to receive and evaluate measurement values representing the mass flow rate of the measured substance carried in the at least one measuring tube on the basis of at least one or more first and second vibration measurement signals received during at least one or more first measuring intervals, and to determine measurement values representing a measurement deviation of one or more first phase angles of the first vibration measurement signal received during the one or more first measuring intervals from one or more third phase angles of the first vibration measurement signal received during one or more second measuring intervals and/or a measurement deviation of one or more second phase angles of the second vibration measurement signal received during the one or more first measuring intervals from one or more fourth phase angles of the second vibration measurement signal received during one or more second measuring intervals and/or a measurement deviation of one or more first phase differences of the first and second vibration measurement signals received during the one or more first measuring intervals from one or more second phase differences of the first and second vibration measurement signals received during one or more second measuring intervals in combination with all of the remaining limitations of the claim.
The closest prior art, US 2020/0408581, disclose a vibronic measuring system comprising a transducer with at least one measuring tube, an exciter arrangement, and a sensor arrangement; and an electronic transformer circuit connected to the electronic, whereby the measurement and control electronics are configured to control the drive electronics so that the drive electronics initially operate in the first operating mode and the at least one measuring tube with drive electronics operating in the first operating mode carries out forced vibrations at least during a first measuring interval, and that the drive electronics subsequently change from the first operating mode to the second operating mode and vice versa or operate alternately in the first operating mode and in the second operating mode, as a result of which the at least one measuring tube with drive electronics operating in the second operating mode carries out free damped vibrations at least during a second measuring interval; however, the prior art fail to disclose calculations of phase errors, phase angles, or phase differences.
Claims 22-42 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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/DANIEL S LARKIN/ Primary Examiner, Art Unit 2855
