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 without traverse of Group I, claims 1-15, in the reply filed on 08/18/2025 is acknowledged.
Claims 16-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 02/07/2023 and 07/29/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-8 and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rezai et al. (US PGPub 2003/0060112, hereinafter Rezai).
Regarding claim 1, Rezai discloses a method for introducing a component into a fluid supply, the method comprising:
providing a component feed system (figure 1, unit 10);
providing a supply of the component to the component feed system (via unit 12);
providing a fluid supply (air stream 21 provided to eductor 15);
introducing the component into the fluid supply (in eductor 15); and
controlling gas entrainment into the fluid supply as the component is introduced into the fluid supply (via eductor 15 and hopper 14).
Regarding claim 2, Rezai discloses introducing the component into the fluid supply comprises transferring the fluid supply through an eductor (figure 1, eductor 15).
Regarding claim 3, Rezai teaches controlling gas entrainment into the fluid supply as the component is introduced into the fluid supply comprises sealing the component feed system (figure 1, at least hopper 14 appears to be sealed).
Regarding claim 4, Rezai discloses controlling gas entrainment into the fluid supply as the component is introduced into the fluid supply further comprises controlling air flow into the component feed system (figure 1, at least hopper 14 is enclosed, which would control air flow at least to some degree).
Regarding claim 5, Rezai discloses providing a housing surrounding the component feed system (figure 1, screw 12, feeder 13, and hopper 14 can be seen to have a housing).
Regarding claim 6, Rezai discloses the component feed system comprises a bulk solids pump (figure 1, screw feeder 12).
Regarding claim 7, Rezai discloses the component is a particulate (paragraph 0068, “absorbent gelling particles”).
Regarding claim 8, Rezai discloses the particulate is superabsorbent material (paragraph 0068, “absorbent gelling particles”).
Regarding claim 10, Rezai discloses a method for introducing a component into a fluid supply, the method comprising:
providing a component feed system (figure 1, unit 10), the component feed system comprising an outlet conduit (downstream of hopper 14);
providing a supply of the component to the component feed system (at unit 12);
providing a fluid supply (air stream 21 provided to eductor 15);
transferring the fluid supply through an eductor (eductor 15), the eductor comprising a venturi section (an eductor is commonly known as a Venturi pump);
introducing the component into the fluid supply (within eductor 15); and
controlling a pressure on the component feed system by controlling a position of a distal end of the outlet conduit within the venturi section of the eductor (via eductor 15 and hopper 14).
Regarding claim 11, Rezai discloses providing a housing surrounding the component feed system to seal it (figure 1, screw 12, feeder 13, and hopper 14 can be seen to have a housing).
Regarding claim 12, controlling the pressure on the component feed system further comprises bleeding in at least some air flow to the component feed system (figure 1, air would be introduced in a least some amount through screw 12).
Regarding claim 13, Rezai discloses the particulate is superabsorbent material (paragraph 0068, “absorbent gelling particles”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 9, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Rezai et al. (US PGPub 2003/0060112, hereinafter Rezai) in view of Rokman et al. (US 6019871, hereinafter Rokman).
Regarding claim 9, Rezai is silent to the fluid supply being a foam. Rokman teaches mixing a foam with particulates (figure 1, foam slurry 11 is mixed in a flow mixer with super absorbent polymer from receptacle 29). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the method of Rezai with a foam as the fluid supply for the purpose of producing a desired product, such as the foam product of Rokman.
Regarding claim 14, Rezai is silent to the fluid supply being a foam. Rokman is relied upon, as above, to teach a foam, and further to teach the foam comprising a fluid and a surfactant (column 2, lines 29-30). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the method of Rezai with a foam as the fluid supply for the purpose of producing a desired product, such as the foam product of Rokman.
Regarding claim 15, Rezai is silent to the fluid supply being a foam. Rokman is relied upon, as above, to teach a foam, and further to teach the foam containing a plurality of fibers (column 2, lines 29-30). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the method of Rezai with a foam as the fluid supply for the purpose of producing a desired product, such as the foam product of Rokman.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art generally discloses eductors for combining fluid with particulates.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC C HOWELL whose telephone number is (571)272-9834. The examiner can normally be reached Monday-Friday 8-5.
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, Claire 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARC C HOWELL/Primary Examiner, Art Unit 1774