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) 10–13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kusukame et al. (US Pat. # 9322716), hereinafter referred to as Kusukame.
Regarding claim 10, Kusukame teaches, “A method (col. 6, ln. 1–9, col. 18, ln. 28–35) for contactless determination of a condensate formation on a surface of a metallic measuring tube (intended use language directed to object being measured) using an optical temperature sensor (Fig. 1, ref. # 101a, 101b) for the contactless detection of a temperature of the measuring tube, the method comprising: receiving a light beam from the measuring tube surface of the measuring tube via the temperature sensor (col. 10, ln. 6–25); outputting an output signal correlating with the temperature of the measuring tube to an evaluation circuit (col. 10, ln. 16–19); identifying a condensate on the measuring tube surface when the output signal and/or a temporal change of the output signal is outside a tolerance range using the evaluation circuit (col. 9, ln. 49–64).”
Regarding claim 11, Kusukame teaches, “issuing a warning that condensate has formed on the measuring tube (see claim 8).”
Regarding claim 12, Kusukame teaches, “identifying a dissolution of the condensate when the output signal, which was previously out of the tolerance range, returns to within the tolerance range (col. 8, ln. 43–col. 9, ln. 15).”
Regarding claim 13, Kusukame teaches, “wherein the tolerance range has a first tolerance limit, wherein the temperature sensor has a measuring range, and wherein the tolerance limit lies outside the measuring range (col. 9, ln. 48–col. 10, ln. 15).”
Allowable Subject Matter
Claims 14–20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 14–20, the prior art does not teach or suggest the claimed, “a contactless temperature sensor arranged in or on the carrier module such that, when the measuring tube module is disposed in the carrier module, the temperature sensor is directed at a surface of the measuring tube module and is arranged to receive light from the surface of the measuring tube module; and an evaluation circuit configured to operate on a signal from the temperature sensor, wherein the modular flowmeter is configured to perform the method according to claim 10,” in combination with the previously claimed language.
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 condensation/moisture sensing 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN D WALSH/Primary Examiner, Art Unit 2852
