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 .
Election/Restrictions
Applicant's election with traverse of Group I and Species C in the reply filed on 12/29/2025 is acknowledged. The traversal is on the ground(s) that the combination does require the particular of the subcombiantion as claimed because it includes some of the elements. This is not found persuasive because it does not matter that some elements overlap as long as there is a particular element that is not part of the combination, and as explained in the restriction requirement, the combination does not require the additional cavity formed in both the interior of the helical component and the interior of the outer component. Regarding the process/apparatus restriction, Applicant argues both groups are configured to mix gases. This is not found persuasive, because the apparatus is not required to mix gases but can be used in a materially different process of mixing two liquids to form a paste. Again, with the product/process of making restriction, Applicant is only pointing to one way the product is made which is not found persuasive. As explained in the restriction requirement, the product is not required to be made by a 3D printing computer program, but can be made by a manufacturing machine and person that assembles the parts together. Applicant argues the inventions don’t have a different mode of operation and effect since both inventions include a gas mixer. This is not found persuasive, because just because both inventions may require one same element, does not mean that they don’t have a different mode of operation and effect. As explained in the restriction requirement, group III is directed to supplying mixed gas to a ventilator while group IV is directed to a computer program which are different designs, modes of operation and effects. Regarding the species election, applicant argues gas mixer 100 can be used in the system of figures 1 or 2. Examiner finds this argument unpersuasive. Figures 1 and 2 are directed to a different species embodiment of a schematic view showing the ventilation of a patient and a schematic view showing a system of anesthetizing a patient. Species C of figures 3-8 are directed to a gas mixer of details of the embodiment nowhere shown in species A or B. As explained in the Restriction Requirement and clearly shown in the figures and described in the specification, these Species are different embodiments with divergent subject matter of a ventilation system, of a anesthetizing system and gas mixers of different subject matter embodiments.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6, 7 and 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/29/2025.
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) 1, 5, 8 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pahl et al. (U.S. Patent No. 2,784,948).
Regarding claim 1, Pahl et al. discloses a mixer configured to mix a first fluid and a second fluid to form a fluid mixture (title; figure 1), the mixer comprising:
an outer component (reference #14);
a helical component located in an interior of the outer component, an outer circumference of the helical component being in fluid-tight contact with an inner wall of the outer component (reference #26, seen in figures 1-4, reference #26 in fluid contact with reference #14; column 2, lines 18-22);
a helical mixing cavity formed between the outer component and the helical component (reference #28; column 2, lines 18-22);
an additional mixing cavity formed in an interior of the helical component or in the interior of the outer component or in both the interior of the helical component and the interior of the outer component (reference #18);
a radial duct connecting the additional mixing cavity to the helical mixing cavity (reference #30 and 42);
a helical mixing cavity fluid connection of the helical mixing cavity with one of a feed line for the first fluid and a feed line for the second fluid (reference #32);
an additional mixing cavity fluid connection of the additional mixing cavity with another of the feed line for the first fluid and the feed line for the second fluid (reference #22; column 2, lines 34-36); and
a discharge fluid connection of the helical mixing cavity or the additional mixing cavity with a fluid mixture discharge line for discharging the formed fluid mixture (reference #38; column 2, lines 46-52).
Regarding limitations recited in claim 1, both in the body and preamble, which are directed to a manner of operating disclosed mixer, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. Further, it has been held that process limitations do not have patentable weight in an apparatus claim. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.” A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). The mixer being intended as a gas mixer and the feed line being for gas are not accorded any patentable weight and does not further limit the apparatus claim. The mixer of Pahl et al. is capable of mixing gases, liquids or other fluids and reads on the structural limitations of the claim as explained above.
Regarding claim 5, Pahl et al. discloses wherein the additional mixing cavity is formed in the interior of the helical component (reference #18 and 26).
Regarding claim 8, Pahl et al. discloses wherein the mixer extends along a longitudinal axis (figure 1, reference #10); and an extension of the helical mixing cavity or an extension of the additional mixing cavity or the extension of the helical mixing cavity and the extension of the additional mixing cavity is smaller than the extension of the outer component along the longitudinal axis of the mixer (figure 1, reference #28 smaller than length of reference #12, 14, 22, 36 and 38).
Regarding claim 9, Pahl et al. discloses an inlet-side component (figure 1, bottom portion reference #18 without any reference #26); an inlet cavity formed between the inner wall of the outer component, the inlet-side component and the helical component (figure 1, area of reference #12); an inlet cavity fluid connection of the inlet cavity with the helical mixing cavity or with the additional mixing cavity or with both the helical mixing cavity and with the additional mixing cavity (reference #12 and 28); and an inlet cavity fluid connection of the inlet cavity with the feed line for the first fluid or with the feed line for the second fluid (figure 1, reference #12 and 32).
Claim(s) 1, 2, 5, 8 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Livshits et al. (U.S. Patent No. 9,708,185).
Regarding claim 1, Livshits et al. discloses a gas mixer configured to mix a first gas and a second gas to form a gas mixture (abstract; figure 1, reference #10; column 9, lines 22-46), the mixer comprising:
an outer component (figure 1, reference #102);
a helical component located in an interior of the outer component, an outer circumference of the helical component being in fluid-tight contact with an inner wall of the outer component (reference #103, 104, 105, 107 and 107 with internal passageways being helical/causing helical gas flow; figures 7 and 8, reference #701 and 702; column 8, lines 12-45; as seen in figures 5, 7, 8 and 11 arrows indicating fluid flow shows vortex/helical component causing gas to flow in helical motion) (regarding the “helical component”, the limitation is silent as to any particular structure that makes the component helical, and as such, any part of the component that is helical may read on the limitation, or alternatively, any part of the component that causes a helical flow or action whether the component is shaped like a helix or not reads on the limitation);
a helical mixing cavity formed between the outer component and the helical component (figure 3, reference #303);
an additional mixing cavity formed in an interior of the helical component or in the interior of the outer component or in both the interior of the helical component and the interior of the outer component (figure 3, reference #301);
a radial duct connecting the additional mixing cavity to the helical mixing cavity (reference #305 and 306; column 9, lines 31-42);
a helical mixing cavity fluid connection of the helical mixing cavity with one of a feed line for the first gas and a feed line for the second gas (figure 1A, “Air; figures 2 and 5, reference #201; figures 2, 6 and 8, reference #202);
an additional mixing cavity fluid connection of the additional mixing cavity with another of the feed line for the first gas and the feed line for the second gas (figure 1, reference #101 and 112); and
a discharge fluid connection of the helical mixing cavity or the additional mixing cavity with a gas mixture discharge line for discharging the formed gas mixture (figure 1, reference #109; figure 2, “gaseous fuel composite”).
Regarding claim 2, Livshits set al. discloses wherein the gas mixer further comprises:
an outlet-side component (figures 1 and 1A, reference #110);
an inner outlet cavity in an interior of the outlet-side component (figure 1, see where numeral 110 is pointing), wherein the outer component fluid-tightly encloses the outlet-side component (figure 1, reference #108);
an inner outlet cavity fluid connection of the inner outlet cavity with the gas mixture discharge line (figure 1, reference #109 and cavity of reference #110 where numeral 110 is pointing); and
an inner outlet cavity radial duct connecting the helical mixing cavity or the additional mixing cavity to the inner outlet cavity (figure 2, reference #240).
Regarding claim 5, Livshits et al. discloses wherein the additional mixing cavity is formed in the interior of the helical component (figure 3, reference #301).
Regarding claim 8, Livshits et al. discloses wherein the mixer extends along a longitudinal axis (figure 1, reference #10); and an extension of the helical mixing cavity or an extension of the additional mixing cavity or the extension of the helical mixing cavity and the extension of the additional mixing cavity is smaller than the extension of the outer component along the longitudinal axis of the mixer (figure 1, reference #103, 104, 105, 106 and 107 combined is smaller than length of reference #102, 113 and 114).
Regarding claim 9, Livshits et al. discloses an inlet-side component (figures 1 and 1A, reference #101); an inlet cavity formed between the inner wall of the outer component, the inlet-side component and the helical component (figures 1 and 1A, internal area of reference #101); an inlet cavity fluid connection of the inlet cavity with the helical mixing cavity or with the additional mixing cavity or with both the helical mixing cavity and with the additional mixing cavity (figures 1 and 1A, internal area of reference #101 and 103); and an inlet cavity fluid connection of the inlet cavity with the feed line for the first gas or with the feed line for the second gas (figure 1, reference #101 and 112).
Allowable Subject Matter
Claims 3 and 4 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774