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 .
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the clamp (claims 37,55) and frame/rack (claims 52,53) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claims 37,52,53,55 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
As to claims 37 and 55, these claims for a clamp, but the specification/drawings do not indicate where there clamp is relative to the housing and sensor . Such lack of description necessarily affects claims 52,53 which call form mounting by way of the clamp. There are no examples, no reference shows where the clamp might be, no manner of experimentation is apparent.
Claims 36-55 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.
As to claims 36 and 55, what exact structure in the specification/drawing corresponds to the “securing means”. Such is not apparent.
As to claims 37 and 55, these claims call for a sensor itself that is clamped, which is not consistent the specification which indicate that the sensor does not move due to hose disturbance/movements.
As to claims 37,55, it’s not clear what the clamp is connected to? Is the clamp directly connected to the “sensor device”, or is the clamp directed connected to the holder? Even the specification/drawings are unclear. What is Applicant’s position?
Claim(s) 36-39,41,47-49,51-54 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Gagne et al EP 3869165.
Reference Gagne et al (Figure 1A) a sensor holding device for holding a sensor flowmeter device 12, comprising:
a holding body 20 configured for holding the sensor device, wherein the holding body comprises:
a sensor holding device-side engaging means for engaging with a sensor device-side engaging means of the sensor device when the sensor device is held by the holding body
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a securing means connected to the holding body for securing the sensor device at the holding body, the securing means being moveable relative to the holding body to a first position and to a second position
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wherein the securing means moved into the first position allows placing the sensor device onto the holding body and removing the sensor device from the holding body, and
wherein the securing means moved into the second position and the sensor holding device- side engaging means engaging the sensor device-side engaging means restrict relative movement of the sensor device along three directions with respect to the holding body such that the sensor device is secured at the holding body/
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As to claims 36,41,54, the means elements of the Reference are equivalent to those disclosed in Applicant’s disclosure as contacting elements provide for engaging and securing.
As to claim 37, the flanges are clamped, thus the sensor device 17 is clamped on the device.
As to claims 38,39, “dimensioned to snugly contain the flow meter sensor” (Para 14) suggests ”substantially not” (claim 38).
As o claim 47, the housing is a polymer material such plastic, thermoplastics, PI PP.
As to claim 48,49, thermoplastics are employed in 3D printing, suggest of other (polymide) commonly employed material.
As to claims 51,52,53, note pipe 22, or any pipe connected to flanges 22 of the pipe 22..
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gagne.
Gagne employs potting (Para 14), but does not provide any material.
As to claim 40, it/s well known to employ rubber as a potting material to prevent shocks.
Claim(s) 55 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Feller 7703337.
Reference Feller 7703337 teaches (Figures 1,2) sensor 12 holding device 42 for holding a sensor device that is a clamp-on (“clamp band (not shown)” (col. 3, line 40) measurement sensor, the sensor holding device comprising:
a holding body 42 configured for holding the sensor device, wherein the holding body comprises:
a securing means 34 connected to the holding body for securing the sensor device at the holding body;
wherein the holding body is fabricated (of plastic, per line 47, col. 4) using an additive manufacturing method.
As to claim 1, the last line calls for a product 42 -by-process, and additive manufacturing employs plastic. Solid material 34 secures the transducer as much as Applicant’s.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Mon to Fri from Mon to Fri.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT R RAEVIS/Primary Examiner, Art Unit 2855
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