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.
Claim 31 is 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.
As to claim 31: The claim recites in part “wherein the receptacle is essentially light-tight when the measuring tube module is introduced therein”. However, it is unclear regarding how a claimed component (in this case the claimed receptacle) may be “essentially” light-tight as opposed to either completely light-tight (and therefore not allowing light to enter a certain area at all) or not light-tight (and leaving open the possibility of a small amount of light entering a certain area). Accordingly, in the instant claim, it is unclear whether the term “essentially” is intended to be construed as no light entering the receptacle or an amount of light entering the receptacle is small and/or negligible. Furthermore, Applicant’s as-filed specification page 5, lines 14-15 does recite “One embodiment provides that the recess is closed in an essentially light-tight manner when the measuring tube module is arranged.” but does not provide any further elucidation regarding how the recess is considered to be “essentially” light-tight and accordingly the scope of the claim is still rendered unclear.
Because the claim is unclear for the reasons outlined above, a proper and complete prior art search for the claimed subject matter of claim 31 could not be carried out at this time. The examiner recommends either explaining in remarks how Applicant considers the receptacle to be considered to be “essentially” light-tight, preferably by providing examples from Applicant’s disclosure, and/or amending the claim to obviate the above noted issues. In the event that Applicant’s reply obviates the above noted issues, the rejection of claim 31 would be withdrawn at that time and a proper and complete prior art search for the claimed subject matter of the instant claim would also be conducted at that time.
Allowable Subject Matter
Claims 18-30 and 32-38 are allowed.
The following is an examiner’s statement of reasons for allowance:
As to claim 18: The prior art of record does not disclose or render obvious to the skilled artisan a modular Coriolis flowmeter comprising a measuring tube module comprising a receptacle in which the measuring tube module can be introduced via a detachable connection, a support module wall configured to define the electronics chamber and the receptacle, wherein the support module wall includes a through-opening which connects the receptacle to the electronics chamber, wherein a protective glass is disposed in the opening, and a contactless temperature sensor disposed in the electronics chamber and orientated such that when the measuring tube module is introduced in the receptacle, the temperature sensor is directed towards a surface of the measuring tube module and is arranged to receive radiation from the surface of the measuring tube module through the opening, when considered in combination with the other limitations recited in the instant claim.
The closest available prior art documents appears to be Bitto US Pat 7,546,777 (hereafter Bitto), Murakami US PG-PUB 2017/0122787 A1 (hereafter Murakami) (the examiner notes that each of Bitto and Murakami are listed as relevant art documents on the IDS filed 3 December 2024), and Flecken et al. US Pat 4,768,384 (hereafter Flecken).
Murakami is considered to disclose a modular Coriolis flowmeter (see fig. 1 and ¶ 26) for determining a process variable of a flowable medium (see ¶ 26 regarding the calculation of flow rate), the modular flowmeter comprising: a measuring tube module, comprising: at least one measuring tube (11; see fig. 1 and ¶ 26) configured to convey the medium; a primary exciter component (15a; see fig. 2 and ¶ 33) arranged on the at least one measuring tube (see fig. 2), a primary sensor component (16a; see fig. 2 and ¶ 37-38) arranged on the at least one measuring tube (see figs. 1 and 2), a support module comprising a receptacle (not labeled but see the portion of housing 19 in which tube portions 11b and 11c are held as disclosed in ¶ 28), a contactless temperature sensor (17; see ¶ 40) is orientated such that, when the measuring tube module is introduced in the receptacle, the temperature sensor is directed towards a surface of the measuring tube module and is arranged to receive radiation from the surface of the measuring tube module (see ¶ 40 and 41), a secondary exciter component (15; see figs. 1 and 2 as well as ¶ 33) that is complementary to the primary exciter component (15a; see figs. 1 and 2), and a secondary sensor component (16) that is complementary to the primary sensor component (see figs. 1 and 2).
Murakami does not explicitly teach:
the support module comprising: an electronics chamber in which electronics components configured to operate the modular Coriolis flowmeter are disposed, a support module wall configured to define the electronics chamber and the receptacle, wherein the support module wall includes a through-opening which connects the receptacle to the electronics chamber, wherein a protective glass is disposed in the opening, the contactless temperature sensor is disposed in the electronics chamber, and the temperature sensor is arranged to receive radiation form the surface of the measuring tube module through the opening.
Although Bitto discloses an electronics housing (200; see col. 13, lines 43-49) in which electronics components configured to operate a modular Coriolis flowmeter are disposed, there does not appear to be a disclosure, teaching, suggestion, or motivation to modify Murakami in light of Bitto to render obvious a support module wall configured to define the electronics chamber and the receptacle, wherein the support module wall includes a through-opening which connects the receptacle to the electronics chamber, wherein a protective glass is disposed in the opening, the contactless temperature sensor is disposed in the electronics chamber, and the temperature sensor is arranged to receive radiation from the surface of the measuring tube module through the opening.
Additionally, while Flecken may be considered to teach at least the feature of a temperature sensor that is accommodated in an electronics housing (see col. 4, lines 51-55), there is no disclosure, teaching, suggestion, or motivation to modify Murakami in light of Bitto and/or Flecken that renders obvious a support module wall configured to define the electronics chamber and the receptacle, wherein the support module wall includes a through-opening which connects the receptacle to the electronics, wherein a protective glass is disposed in the opening, and the temperature sensor is arranged to receive radiation from the surface of the measuring tube module through the opening.
As to claims 19-29 and 31-38: Each of said claims depends ultimately from claim 18 and accordingly each is indicated allowable over the cited prior art of record at least by virtue of their respective dependencies upon an allowable independent claim.
Claim 31 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
As to claim 31: The claim depends upon claim 18 and accordingly would be allowable at least by virtue of its dependency upon an allowable independent claim if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M ROYSTON whose telephone number is (571)270-7215. The examiner can normally be reached M-F 8-4:30 E.S.T..
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/JOHN M ROYSTON/Examiner, Art Unit 2855
