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DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of group 2 in the reply filed on 9/24/2025 is acknowledged. The traversal is on the ground(s) that apparatus of group II includes features for carrying out the method of group I, and the method of group I includes features that are provided though use of the apparatus of group II. This is not found persuasive because the argument is not true. Examiner notes that FRP material is not required by the device since it is part of the intended use and the structure of the device in claim 20 is not required by the method claim 1.
Examiner also notes that based on the 102 rejection below, they also lack unity of invention because even though the inventions were to be interpreted that it does have similar scope and requires the same feature (which they do not), these groups require the technical feature of claim 20, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Andreeva (CN 1449324). See rejection below.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
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 “thermal element”, “vibrating element” 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.
Claim Objections
Claim 25, 31 objected to because of the following informalities:
Claim 25 “;” should be “,”.
Claim 31 should end with a period.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“thermal element” in claim 22 and 31.
“vibrating element” in claim 30.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 20-32 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 pre-AIA the applicant regards as the invention.
Claim 20 recites the limitation “the selected temperature”. There is insufficient antecedent basis for this limitation in the claim. The limitation “a selected temperature” has not been previously cited. Also, it is unclear how the temperature was chosen.
Claim 20 recites the limitation “a selected duration”. It is unclear how the duration was selected. It seems like a method step “selecting” is required which makes the claim unclear if the device requires a method step.
Claim 26-29 recites the limitation “FRP material comprises fibres…” in claim 26 renders the claim indefinite as no “FRP material” has been positively recited but rather recited as an intended use recitation. Therefore, it renders the claim indefinite. Further limiting of the non-positively recited structure is improper. Similarly, claims 27-29 are rejected since they further narrow an intended use.
Regarding claims 26, 29, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim limitation “vibrating element” in claim 30 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
All dependent claims of above-mentioned claims inherit all of the limitations of the above-mentioned claims. Thus, the claims are likewise rejected under 35 U.S.C. 112(b) as being indefinite.
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.
As best understood, claim(s) 20-24, 26-32 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Andreeva (CN 1449324).
Regarding claim 20, Andreeva discloses apparatus for recovering fibres and resin powder from fibre reinforced polymer (FRP) material (intended use: capable or recovering fibres and resin poweder from FRP material. See translation [0001] “This invention relates to the field of polymer material processing, for example, to the processing of waste polymer products reinforced with various fibers, synthetic or metal wires, and more specifically to the recycling of waste automobile tires and aircraft tires.” NOTE- FRP material is part of the intended use and not required by the device as claimed); comprising: a processing chamber (1) housing at least one rotor (5), the processing chamber adapted to receive one or more pieces of the FRP material; at least one motor (inherent. Motor is inherently there to rotate rotor 5) associated with the at least one rotor, the at least one motor adapted to effect rotation of the at least one rotor; wherein rotation of the at least one rotor applies a mechanical force to the FRP material (rotated rotor 5 applies force to material inside the chamber 1) that does not damage the fibres (intended use: generally it will not damage fibres. [0024] “As the material passes through the annular gap from one annular chamber to another, complete separation of the polymer from the surface of the reinforcing components occurs, while the detached reinforcing components, such as synthetic ropes or metal wires, remain virtually undamaged.”); wherein a clearance distance between the at least one rotor and a processing chamber wall is reduced over a portion of the rotor diameter (spiral shape of the rotor makes the clearance distance between the rotor and the chamber wall to be reduced over portions of the rotor diameter); wherein a combination of the mechanical force and the selected temperature applied to the FRP material for a selected duration (device does not require a method step. Therefore, if a temperature and duration could be applied by the device, it reads on the claim) provides fibres that are substantially free of polymer, and polymer resin powder (intended use: if the device is capable of making the fibres substantially free of polyer and polymer resin, it reads on the claim.).
Regarding claim 21, Andreeva discloses the apparatus of claim 20, wherein the at least one rotor and the processing chamber are configured to apply variable force (based on the location of material being hit by the rotor would feel variable force) to the FRP material as the at least one rotor rotates.
Regarding claim 22, Andreeva discloses the apparatus of claim 20, comprising a thermal element (16) that heats or cools the processing chamber.
Regarding claim 23, Andreeva discloses the apparatus of claim 20, wherein the mechanical force is one or more of tensile force, compressive force, shear force (“shear stress”), and torsion.
Regarding claim 24, Andreeva discloses the apparatus of claim 20, wherein the mechanical force comprises shear force (“shear stress”).
Regarding claim 26, Andreeva discloses the apparatus of claim 20, wherein the FRP material comprises fibres, polymer, and optionally a filler or an additive. (intended use: apparatus is able to be used with the material above)
Regarding claim 27, Andreeva discloses the apparatus of claim 20, wherein the fibres comprise glass, carbon, aramid, basalt, natural fibres, silk, cellulose, wood, cork, flax, sasal, jute, hemp, kenaf, and coir, or a combination of two or more thereof. (intended use: apparatus is able to be used with the material above)
Regarding claim 28, Andreeva discloses the apparatus of claim 20, wherein the fibres in the FRP material are individual fibres or are arranged as a cloth or mat. (intended use: apparatus is able to be used with the material above)
Regarding claim 29, Andreeva discloses the apparatus of claim 20, wherein the polymer comprises epoxy, vinyl polyester, polyester, polyurethane, or phenolic resin, optionally with a filler or additive comprising one or more of calcium carbonate, aluminum, graphite, silica, nanoclay, kaolin, talc, carbon black, carbon nanotubes, gypsum, silicon carbide, boron nitride, rice husk, wheat husk, and coconut coir. (intended use: apparatus is able to be used with the material above)
Regarding claim 30, Andreeva discloses the apparatus of claim 20, further comprising a vibrating element (5 – as best understood, examiner notes that as 6 rotates, the material inside the chamber collides with each other causing them to vibrate) that vibrates the FRP material in the processing chamber.
Regarding claim 31, Andreeva discloses the apparatus of claim 20, comprising a thermal element (16) that heats and/or cools the processing chamber to a selected temperature that does not damage the fibres;
Regarding claim 32, Andreeva discloses the apparatus of claim 20, comprising two or more rotors (4, 5) that apply mechanical force to the FRP material.
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 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andreeva.
Regarding claim 25, Andreeva discloses the apparatus of claim 20.
Although Andreeva controls the temperature inside the chamber to 100-200C [0035], Andreeva is silent to the apparatus comprising a controller, wherein the controller performs one or more of monitoring torque of the at least one rotor; controlling speed of the at least one rotor to maintain a selected torque, monitoring temperature of the processing chamber, and controlling temperature of the processing chamber.
Examiner takes official notice that a controller to control/monitor the rotor torque, speed, or the temperature inside the processing chamber is well known technic in the art of comminution devices. Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to add to the apparatus of Andreeva with a controller to at least do one of the functions as claimed in order to reach the desired outcome for its product or to control the temperature inside the chamber to 100 to 200C effectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY YEONJIN KIM whose telephone number is (571)272-1866. The examiner can normally be reached M-F 9 am - 5 pm.
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/BOBBY YEONJIN KIM/Examiner, Art Unit 3725