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.
Claims 1-14 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.
Claim 1 recites the limitation "a first ultrasonic transducer" and “a second ultrasonic transducer” in lines 8 and 10 respectively. A first ultrasonic transducer was previously introduced in lines 4-5 and a second ultrasonic transducer was previously introduced in lines 5-6. There is insufficient antecedent basis for these limitations in the claim.
Claims 2-14 depend from claim 1 and inherit this issue therefrom.
Regarding claim 3, the limitations “wherein the measuring tube has at least one further transducer pocket to receive a further ultrasonic transducer, a reflector or a terminating body for implementing further measurement paths, wherein the measuring tube has a plurality of further transducer pockets to receive further ultrasonic transducers, reflectors or terminating bodies for implementing further measurement paths” render the claims unclear. It is unclear how many further transducer pockets are being added and if the “at least one further transducer pocket” is included in the “plurality of further transducer pockets” or not and whether the “a further ultrasonic transducer, a reflector or a terminating body for implementing further measurement paths” is included in the “receive further ultrasonic transducers, reflectors or terminating bodies for implementing further measurement paths” or not. Therefore, the metes and bounds of the claims are unclear. For the rejections below, it is considered the at least one further transducer pocket is a part of the plurality of further transducer pockets.
Claim 5 recites the limitations “the ultrasonic transducers, reflectors, terminating bodies, sensors, and/or the transducer pockets” in lines 1-2 and 3-4. There is insufficient antecedent basis for these limitations in the claim. While first and second ultrasonic transducers and first and second transducer pockets were introduced in claim 1, ultrasonic transducers, reflectors, terminating bodies, sensors, and transducer pockets haven not been introduced in either claim 5 or claim 1 on which claim 5 depends.
Claim 6 recites the limitations “the ultrasonic transducers, reflectors, terminating bodies, sensors, and/or the transducer pockets” in lines 1-2 and 3-4. There is insufficient antecedent basis for these limitations in the claim. While first and second ultrasonic transducers and first and second transducer pockets were introduced in claim 1, ultrasonic transducers, reflectors, terminating bodies, sensors, and transducer pockets haven not been introduced in either claim 6 or claim 1 on which claim 6 depends.
Claim 9 recites the limitations “the first pipe flange of the first pipe” and “the second pipe flange of the second pipe” in line 6. There is insufficient antecedent basis for the first pipe flange, the first pipe, the second pipe flange, and the second pipe in the claims.
Claim 14 recites the limitation “the tube system” in line 3. There is insufficient antecedent basis for these limitations in the claim because no tube system has been introduced in claim 14 or claim 1 on which claim 14 depends. It will be considered that the tube system is the same as the pipe system introduced in claim 1, line 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-6, and 12-13 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Zarkan et al. (US PGPub 2019/0128714 A1).
As to claim 1, Zarkan et al. teaches an ultrasonic flowmeter for insertion into a first pipe of a pipe system at a location of a flange connection of the pipe system (abstract), the ultrasonic flowmeter comprising:
a measuring tube (124), which has a longitudinal axis, is adapted to guide a flowable medium (paragraph [0028]), the measuring tube having at least one first transducer pocket (first 106) to receive a first ultrasonic transducer (first 110) and at least one second transducer pocket (second 106) to receive a second ultrasonic transducer (second 110);
a flange (one end on the spool piece 102) for at least indirect fastening of the measuring tube in the pipe system (paragraph [0028]),
a first ultrasonic transducer (first 110) arranged in the first transducer pocket (figure 1B), the first ultrasonic transducer being an ultrasonic transmitter and/or an ultrasonic receiver (paragraphs [0029]-[0031]); and
a second ultrasonic transducer (second 110) arranged in the second transducer pocket (figure 1B), the second ultrasonic transducer being an ultrasonic transmitter and/or an ultrasonic receiver (paragraphs [0029]-[0031]),
wherein the measuring tube is designed as a thin-walled tube such that the wall thickness of the measuring tube is less than an extension of the first or second transducer pockets that is substantially perpendicular to the longitudinal axis of the measuring tube (figure 1B), and
wherein the first and second transducer pockets extend into an outer space of the measuring tube (figure 1B).
As to claim 2, Zarkan et al. teaches wherein the measuring tube and the flange are formed in one piece (figure 1A), wherein the measuring tube and the flange are designed from a plastic, and/or wherein the measuring tube and the flange are manufactured via a generative manufacturing process (the limitations “wherein the measuring tube and the flange are designed from a plastic, and/or wherein the measuring tube and the flange are manufactured via a generative manufacturing process” are considered to be product by process claims and the structure taught by Zarkan et al. is considered to be equivalent to the structure produced by the processes claimed).
As to claim 3, Zarkan et al. teaches wherein the measuring tube has at least one further transducer pocket to receive a further ultrasonic transducer, a reflector or a terminating body for implementing further measurement paths, wherein the measuring tube has a plurality of further transducer pockets to receive further ultrasonic transducers, reflectors or terminating bodies for implementing further measurement paths (figure 1A teaches the provisioning of at least 8 transducer pockets and ultrasonic transducers).
As to claim 5, Zarkan et al. teaches wherein the ultrasonic transducers, reflectors, terminating bodies, sensors, and/or the transducer pockets have corresponding retaining projections and retaining recesses to fasten the ultrasonic transducers, the reflectors, terminating bodies and/or sensors in the transducer pockets (154, figure 2).
As to claim 6, Zarkan et al. teaches wherein the ultrasonic transducers, reflectors, terminating bodies, sensors and/or the transducer pockets have tongue-like and/or elastic latching elements to fasten the ultrasonic transducers, the reflectors, terminating bodies, and/or sensors in the transducer pockets (154, figure 2).
As to claim 12, Zarkan et al. teaches wherein the measuring tube has a constant internal cross section (figures 1B), or wherein the measuring tube has a variable internal cross section along the longitudinal axis.
As to claim 13, Zarkan et al. teaches wherein an inner diameter of the measuring tube at a transition to the pipe system corresponds to an inner tube diameter of the pipe system, or wherein the inner diameter of the measuring tube at the transition to the pipe system is smaller than the inner tube diameter of the pipe system (figure 1B, where the pipe system is not considered to be a part of the ultrasonic flowmeter as claimed and it is considered that the ultrasonic flowmeter taught by Zarkan et al. is capable of use with the pipe system having the characteristics claimed).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zarkan et al. (US PGPub 2019/0128714 A1) in view of Schwarz (US PGPub 2014/0130606 A1).
As to claim 4, Zarkan et al. teaches all of the limitations of the claimed invention, as noted above for claim 3, except wherein at least one pressure sensor and/or one temperature sensor is arranged in the at least one further transducer pocket.
Schwarz teaches at least one pressure sensor (17) and/or one temperature sensor is arranged in the at least one further transducer pocket (figure 5, where pressure sensors 17 occupy taps similar to those occupied by ultrasonic transducers 105).
It would have been obvious to one skilled in the art before the effective filing date to modify Zarkan et al. to have wherein at least one pressure sensor and/or one temperature sensor is arranged in the at least one further transducer pocket as taught by Schwarz because it allows the calculation of the volumetric flow rate based on the measured pressure gradient (paragraph [0026]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zarkan et al. (US PGPub 2019/0128714 A1) in view of Furlong et al. (8,429,983 B2).
As to claim 7, Zarkan et al. teaches all of the limitations claimed invention, as noted above for claim 1 above, including further comprising a control and evaluation unit arranged outside the pipe system (paragraph [0006] and figure 2).
Zarkan et al. does not explicitly teach wherein electrical lines from the ultrasonic transducers, reflectors, terminating bodies, or the sensors are led through the flange to the control and evaluation unit.
Furlong et al. teaches a control and evaluation unit (information processing and control system in column 5, lines 20-25) arranged outside the pipe system (figures 3-4 and column 5, lines 18-29), wherein electrical lines from the ultrasonic transducers, reflectors, terminating bodies, or the sensors are led through the flange to the control and evaluation unit (figures 3-4 and column 5, lines 18-29).
It would have been obvious to one skilled in the art before the effective filing date to modify Zarkan et al. to have wherein electrical lines from the ultrasonic transducers, reflectors, terminating bodies, or the sensors are led through the flange to the control and evaluation unit as taught by Furlong et al. because it is an alternative arrangement for the wire paths that is well known allowing configurations where the wires are consolidated with predictable results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zarkan et al. (US PGPub 2019/0128714 A1) and Furlong et al. (8,429,983 B2) as applied to claim 7 above, and further in view of Smith et al. (9,027,418).
As to claim 8, Zarkan et al. as modified teaches all of the limitations of the claimed invention, as noted above for claim 7, wherein the flange is formed at least partially by a printed circuit board which implements part of the electrically conductive connection between the ultrasonic transducers and the control and evaluation unit.
Smith et al. teaches wherein the flange is formed at least partially by a printed circuit board which implements part of the electrically conductive connection between the ultrasonic transducers and the control and evaluation unit (claim 5, lines 46-63 and figure 5).
It would have been obvious to one skilled in the art before the effective filing date to modify Zarkan et al. to have wherein the flange is formed at least partially by a printed circuit board which implements part of the electrically conductive connection between the ultrasonic transducers and the control and evaluation unit as taught by Smith et al. because it is an alternative arrangement for the wire paths that is well known allowing configurations where the wires are consolidated with predictable results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zarkan et al. (US PGPub 2019/0128714 A1) in view of Smith et al. (9,027,418).
As to claim 9, Zarkan et al. teaches all of the limitations of the claimed invention, as noted above for claim 1, including further comprising:
a control and evaluation unit arranged outside the pipe system in a mounted state (paragraph [0006], where the processing unit is considered to be mounted in some form to a form of support), wherein the control and evaluation unit is connected at least to the ultrasonic transducers via electrical lines (paragraph [0006] and figure 2).
Zarkan et al. does not teach a printed circuit board, which, in an assembled state, is adapted to arranged between the first pipe flange of the first pipe and the second pipe flange of the second pipe such that an electrical connection from an interior of the pipe system to an exterior of the pipe system is implemented.
Smith et al. teaches a control and evaluation unit (120) arranged outside the pipe system in a mounted state (column 5, lines 56-63) and a printed circuit board, which, in an assembled state, is adapted to arranged between the first pipe flange of the first pipe and the second pipe flange of the second pipe such that an electrical connection from an interior of the pipe system to an exterior of the pipe system is implemented (claim 5, lines 46-63 and figure 5).
It would have been obvious to one skilled in the art before the effective filing date to modify Zarkan et al. to have a printed circuit board, which, in an assembled state, is adapted to arranged between the first pipe flange of the first pipe and the second pipe flange of the second pipe such that an electrical connection from an interior of the pipe system to an exterior of the pipe system is implemented as taught by Smith et al. because it is an alternative arrangement for the wire paths that is well known allowing configurations where the wires are consolidated with predictable results.
Claims 10-11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zarkan et al. (US PGPub 2019/0128714 A1) in view of Visser et al. (7,318,354 B2).
As to claim 10, Zarkan et al. teaches all of the limitations of the claimed invention, as noted above for claim 1, wherein the measuring tube is coated on an outer side with an electrically insulating layer or wherein the flange is at least partially coated with an electrically insulating layer.
Visser et al. teaches wherein the measuring tube is coated on an outer side with an electrically insulating layer or wherein the flange is at least partially coated with an electrically insulating layer (column 2, lines 41-48).
It would have been obvious to one skilled in the art before the effective filing date to modify Zarkan et al. to have wherein the measuring tube is coated on an outer side with an electrically insulating layer or wherein the flange is at least partially coated with an electrically insulating layer as taught by Visser et al. because it isolates the measuring devices from interference with predictable results.
As to claim 11, Zarkan et al. teaches all of the limitations of the . The ultrasonic flowmeter according to claim 1, wherein the measuring tube is coated on an outer side with an acoustically insulating layer.
Visser et al. teaches the measuring tube is coated on an outer side with an acoustically insulating layer (column 2, lines 41-48).
It would have been obvious to one skilled in the art before the effective filing date to modify Zarkan et al. to have wherein the measuring tube is coated on an outer side with an electrically insulating layer or wherein the flange is at least partially coated with an electrically insulating layer as taught by Visser et al. because it isolates the measuring devices from interference with predictable results.
As to claim 14, Zarkan et al. teaches a measuring arrangement (figures 1A-1B) comprising:
an ultrasonic flowmeter according to claim 1 (as noted above in detail for claim 1); and
at least a first tube of the tube system (paragraph [0028]).
Zarkan et al. does not teach wherein the measuring tube is inserted into the first tube,
wherein the first tube and the measuring tube are adapted to each other such that the transducer pockets do not contact the first tube.
Visser et al. teaches wherein the measuring tube (2) is inserted into the first tube (1),
wherein the first tube and the measuring tube are adapted to each other such that the transducer pockets do not contact the first tube (column 4, lines 46-52).
It would have been obvious to one skilled in the art before the effective filing date to modify Zarkan et al. as modified to have wherein the measuring tube is inserted into the first tube, wherein the first tube and the measuring tube are adapted to each other such that the transducer pockets do not contact the first tube as suggested by Visser et al. because it allows the encasing of the flowmeter allowing the protection from outside elements with predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Welsch et al. (EP 3770561 A1), Mannherz et al. (3,745,824), and Toda et al. (6,400,065 B1) teach systems with similarities to the disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER E S BAHLS whose telephone number is (571)270-7807. The examiner can normally be reached Monday-Friday, 9:00 am-3:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER BAHLS/Primary Examiner, Art Unit 2853
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