NON-FINAL 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings were received on 13 February 2023. These drawings are acceptable.
Claim Objections
Claims 27 and 47 are objected to because of the following informalities:
Claim 27: the phrase “at least at light” in line 2 and the phrase “one or more first and one or more second openings of configured as” in line 13 are grammatically awkward.
Claim 47: the phrase “at least at light” in line 2 and the phrase “one or more first and one or more second openings of configured as” in line 1 are grammatically awkward.
Appropriate correction is required.
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 27-52 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.
Regarding claim 27, it is unclear if the term “a separator” in line 20 refers to the separator previously recited in line 1 of said claim or to a different separator. Claims 28-46 are rejected for the same reason due to their dependency upon said claim.
Regarding claim 47, it is unclear if the term “a separator” in line 24 refers to the separator previously recited in line 1 of said claim or to a different separator. Claims 48-51 are rejected for the same reason due to their dependency upon said claim.
Regarding claim 48, it is unclear if the “spaced-apart receptacles” have any structural relationship to any of the other elements of the claimed apparatus, such as the housing or the rotor. Additionally, “the separator insert is insertable in a rotationally fixed and exchangeable manner” is confusing since the housing of the separator insert was previously recited to be stationary in operation while the rotor of the separator insert was previously recited to be rotatable, and thus it is unclear if both the housing and the rotor of the separator insert are inserted in a rotationally fixed manner between the spaced-apart receptacles. Claims 49-51 are rejected for the same reason due to their dependency upon said claim.
Claim Rejections - 35 USC § 103
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 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.
Upon further consideration of the claims and updated search of prior art, claims 27, 29-37, and 43-46 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102017128027 (Göhmann) in view of CN 112221721 (Xiao et al., hereinafter Cai), and further in view of Maehans (U.S. Patent Application Pub. No. 2005/0054505).
Regarding claim 27, Göhmann discloses a separator insert (centrifuge 1, Fig. 1) for a separator configured to separate a flowable suspension into at a light and a heavy phase of different density in a centrifugal field, the separator insert comprising: a) a housing (10, Fig. 1), which is stationary during operation, wherein the housing is a container that is closed except for a supply opening (inlet opening 103, Fig. 1) in a first axial boundary wall (top axial wall of housing 10, Fig. 1) of the housing and configured to receive an inflowing suspension; two outlets (openings of passages 104 and/or 105, Fig. 1) in an outer casing of the housing (wall of housing 10, Fig. 1) and configured to output the light and heavy phases; and an inlet capable of receiving recirculated fluid in a second axial boundary wall of the housing (see annotated Fig. 1 below); a rotor (drum 20, Fig. 1), which is rotatable about an axis of rotation (D, Fig. 1), arranged within the housing, wherein the rotor comprises a drum, which has multiple openings (inlet pipe 106 and outlets at “ro” and “ru”, Fig. 1); two further openings at two axial ends of the drum (outlets at “ro” and “ru”, Fig. 1); a first feed pipe (inlet pipe 106, Fig. 1) extending into a first of the two further openings, wherein the first feed pipe does not touch the drum (inlet pipe 106 does not touch drum 20, Fig. 1); c) a separator (plate pack 207, Fig. 1) arranged in the drum; and d) at least two rotor units (upper radially acting bearing device 310, second magnets 322, and/or rotor magnet 332, Fig. 1) arranged at two axially spaced-apart points on the rotor, wherein the at least two rotor units are respectively part of a corresponding magnetic bearing device, and wherein the at least two rotor units are configured to hold the rotor in a suspended state, to rotatably mount the rotor, and to rotate the rotor within the housing during operation of the separator (page 5 lines 5-28 of machine translation), but does not disclose one or more first and one or more second openings are configured as free radial outlets for the light and heavy phase into the housing; and a second feed pipe extending into a second one of the two further openings, wherein the second feed pipe does not touch the drum.
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Xiao discloses analogous art related to a disc separator, comprising one or more first and one or more second openings are configured as free radial outlets (see annotated Fig. 2 below) for the light and the heavy phase into the housing (machine cover 17, Fig. 4). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator insert of Göhmann with the first and second openings or free radial outlets as taught by Xiao for the purpose of discharging light and heavy phases into collecting flow passages corresponding to the machine frame to flow out of the machine (Abstract, Xiao).
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The combination of Göhmann and Xiao does not disclose a second feed pipe extending into a second one of the two further openings, wherein the second feed pipe does not touch the drum.
Meahans discloses a second feed pipe (liquid transferring member 21, Fig. 1) extending into a second one of the two further openings, wherein the second feed pipe does not touch the drum. It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator insert of Göhmann as modified by Xiao with the second feed pipe as taught by Meahans for the purpose of conducting liquid into and out of space 17 for maintaining the interface layer in the separating chamber at a radial level (para. [0036], [0040], Meahans).
Regarding claim 29, the combination of Göhmann, Xiao and Maehans discloses wherein the housing and the drum are made entirely or predominantly of plastic or a plastic composite material (page 3 lines 34-35; page 4 lines 15-16 of machine translation, Göhmann).
Regarding claim 30, the combination of Göhmann, Xiao and Maehans discloses wherein the at least two rotor units are arranged at the two axial ends of the drum (upper radially acting bearing device 310 at the top axial end of the drum, and second magnets 322, and/or rotor magnet 332 at the bottom axial end of the drum, Göhmann), and each of the feed pipes passes axially through one of the at least two rotor units (inlet pipe 106 passes through upper radial bearing device 310, Göhmann; liquid transferring member 21 of Maehans would pass through the second magnets 322 and/or rotor magnet 332 at the bottom axial end of the drum of modified Göhmann).
Regarding claim 31, the combination of Göhmann, Xiao and Maehans discloses wherein one or both of the magnetic bearing devices are configured to rotate and adjust a speed of the speed of the drum (page 5 lines 24-26 of machine translation, Göhmann), and one or both of the magnetic bearing devices are configured to act in a radially and axially bearing manner and to maintain the rotor suspended in the drum at a distance from the drum during operation of the separator (page 5 lines 9-23 of machine translation, Göhmann).
Regarding claim 32, the combination of Göhmann, Xiao and Maehans discloses wherein each of the two outlets is associated with a trapping ring chamber (collecting flow passages 23, 41 and 42, Fig. 2, Xiao) of the housing (machine cover 17, Fig. 2, Xiao).
Regarding claim 33, the combination of Göhmann, Xiao and Maehans discloses wherein the two outlets (openings of passages 104 and/or 105, Fig. 1, Göhmann; outlets 22, 43, 44, Fig. 2, Xiao) are arranged radially or tangentially on the housing (10, Fig. 1, Göhmann; machine cover 17, Fig. 4, Xiao).
Regarding claim 34, the combination of Göhmann, Xiao and Maehans discloses wherein the supply opening (inlet opening 103, Fig. 1, Göhmann) is formed by the first pipe (inlet pipe 106, Fig. 1, Göhmann), which is non-rotatable, which projects with one end out of the housing (10, Fig. 1, Göhmann) to a first side with vertical alignment of the axis of rotation (D, Fig. 1, Göhmann) upwards, and outwards, and which extends through the first axial boundary wall (top axial wall of housing 10, Fig. 1, Göhmann) and through one of the magnetic bearing devices (upper radial bearing device 310, Fig. 1, Göhmann) axially into the drum (drum 20, Fig. 1, Göhmann), but does not touch the drum (see Fig. 1, Göhmann).
Regarding claim 35, the combination of Göhmann, Xiao and Maehans discloses wherein the first feed pipe (inlet pipe 106, Fig. 1, Göhmann) passes through the housing (10, Fig. 1, Göhmann) concentrically to the axis of rotation (D, Fig.1, Göhmann) of the rotor, then extends axially further within the housing into the drum and ends there with its other end, which is a free outlet end, in front of or in a distributor (204, Fig. 1, Göhmann), wherein the distributor is arranged in the drum and rotates with the drum, and wherein the distributor is configured to conduct the suspension into the centrifugal field (page 4 lines 18-20 of machine translation, Göhmann).
Regarding claim 36, the combination of Göhmann, Xiao and Maehans discloses wherein the drum has at least two sections of different diameter (lower cylindrical section 101 and upper conical section 102, Fig. 1, Göhmann), and wherein, in order to discharge the output the light and heavy phases of differing density from the drum in the sections of different diameter, the free radial outlets (see annotated Fig. 2 of Xiao) are provided in each case in an outer casing of the drum, wherein the free radial outlets each have one or more nozzle-like openings in the outer casing of the drum outer casing forming the free radial outlets into the respective trapping ring chambers (see Fig. 2, Xiao).
Regarding claim 37, the combination of Göhmann, Xiao and Maehans discloses wherein a respective one of the free radial outlets for the respective light or heavy phase is formed at a lowest point of the respective trapping ring chamber (collecting flow passages 23, 41 and 42, see Fig. 2, Xiao).
Regarding claim 43, the combination of Göhmann, Xiao and Maehans discloses wherein the separator is a stack of separator disks (plate pack 207, Göhmann) in the drum.
Regarding claim 44, the combination of Göhmann, Xiao and Maehans discloses wherein all components of the separator insert are assembled into the pre-assembled unit (the drum and housing are disposable components, and the drum has exclusively three openings and is otherwise formed hermetically closed, and therefore it is assumed that all components of the separator insert are assembled inside the housing, page 3 lines 25-27, Göhmann), wherein all of the product-contacting elements of the separator insert are made of plastic or other non-magnetic material (page 4 lines 15-16, Göhmann).
Regarding claim 45, the combination of Göhmann, Xiao and Maehans discloses wherein the first and second feed pipes (inlet pipe 106, Fig. 1, Göhmann; liquid transferring member 21, Fig. 1, Maehans) and the free radial outlets (see annotated Fig. 2 of Xiao and outlets 22, 43 and 44, Xiao) project outwardly from the housing as nozzles that are connected to the housing in a sealed manner or are formed integrally with the housing (page 3 lines 26-28, line 38 – page 4 line 1 of machine translation, Göhmann)
Regarding claim 46, the combination of Göhmann, Xiao and Maehans discloses wherein the housing is hermetically sealed except for openings (the housing has exclusively the openings and otherwise formed hermetically closed (page 3 lines 25-27 of machine translation, Göhmann) with the first and second feed pipes and the free radial outlets.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Göhmann in view of Xiao, and further in view of Maehans, as applied to claim 27 above, and further in view of WO 2014000829 (Mackel et al., hereafter Mackel).
Regarding claim 28, the combination of Göhmann, Xiao and Maehans discloses a pre-assembled, exchangeable unit (separator together with housing are for single use, page 5 lines 35-36, Göhmann), but does not disclose configured for insertion into a frame of the separator. However, a frame of the separator has not been positively recited as an element of the separator insert, and therefore does not further limit the claimed apparatus.
Nevertheless, Mackel discloses the pre-assembled, exchangeable unit 1 and/or 2 configured for insertion into a frame of the separator (the drum 2 is inside the housing 1 and the housing can be screwed to a machine frame, page 4 lines 14-15 of machine translation). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to provide the separator insert of the combination of Göhmann, Xiao and Maehans with the frame of Mackel for the purpose of supporting the separator insert and the motor (page 4 lines 14-15 of machine translation, Mackel).
Claims 38-42 are rejected under 35 U.S.C. 103 as being unpatentable over Göhmann in view of Xiao, and further in view of Maehans, as applied to claim 27 above, and further in view of Krook (U.S. Patent No. 4,759,744).
Regarding claim 38, the combination of Göhmann, Xiao and Maehans discloses the free radial outlets (see annotated Fig. 2 of Xiao), but does not expressly teach wherein a discharge line with a pump is configured to convey the light or heavy phase emerging from one of the free radial outlets away from the housing, and wherein a branch line opens into the recirculation inlet to form a recirculation line configured to return the light or the heavy phase to the drum.
Krook discloses analogous art related to a centrifugal separator, wherein a discharge line (outlet conduit 39, Figure) with a pump (42, Figure) is configured to convey the heavy phase emerging from one of the outlets away from the housing, and wherein a branch line (branch conduit 41, Figure) opens into the recirculation inlet (37, Figure) to form a recirculation line (recirculation channel 43, Figure) configured to return the heavy phase to the drum. It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator insert of the combination of Göhmann, Xiao and Maehans with the recirculation structure as taught by Krook for the purpose of recirculating an amount of separated sludge (Abstract, Krook).
Regarding claim 39, the combination of Göhmann, Xiao, Maehans, and Krook discloses wherein the pump (42, Figure) is configured to recirculate the heavy phase into the drum (col. 5 lines 3-11).
Regarding claim 40, the combination of Göhmann, Xiao, Maehans, and Krook discloses wherein an inlet capable of receiving recirculated fluid (see annotated Fig. 1 of Göhmann above) comprises the second feed pipe (liquid transferring member 21, Fig. 1, Maehans) passing through a second axial boundary wall of the housing and opening into a second distributor (the paring disc of the stationary liquid transferring member 21, Fig. 1, Maehans) in the drum, wherein the second distributor does not rotate with the drum.
Regarding claim 41, the combination of Göhmann, Xiao, Maehans, and Krook discloses wherein a controllable regulating valve (40, Figure, Krook) configured to shut off, open completely, or open partially the recirculation inlet (col. 4 lines 49-58, Krook).
Regarding claim 42, the combination of Göhmann, Xiao, Maehans, and Krook discloses at least one measuring device (sensing means 44, Figure) configured to determine a parameter of the light phase or heavy phase.
Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over Göhmann in view of Xiao, further in view of Maehans, and further in view of Mackel.
Regarding claim 47, Göhmann discloses a separator (Abstract) configured to separate a flowable suspension in a centrifugal field into at least two flowable phases of different density, the separator comprising: and a separator insert (centrifuge 1, Fig. 1) for a separator configured to separate a flowable suspension into at least a light and a heavy phase of different density in a centrifugal field, the separator comprising: a separator insert comprises: a housing (10, Fig. 1), which is stationary during operation, wherein the housing is a container that is closed except for a supply opening (inlet opening 103, Fig. 1) in a first axial boundary wall (top axial wall of housing 10, Fig. 1) of the housing and configured to receive an inflowing suspension; two outlets (openings of passages 104 and/or 105, Fig. 1) in an outer casing of the housing (wall of housing 10, Fig. 1) and configured to output the light and heavy phases; and an inlet capable of receiving recirculated fluid in a second axial boundary wall of the housing (see annotated Fig. 1 of Göhmann above); a rotor (drum 20, Fig. 1), which is rotatable about an axis of rotation (D, Fig. 1), arranged within the housing, wherein the rotor comprises a drum, which has multiple openings (inlet pipe 106 and outlets at “ro” and “ru”, Fig. 1); two further openings at two axial ends of the drum (outlets at “ro” and “ru”, Fig. 1); a first feed pipe (inlet pipe 106, Fig. 1) extending into a first of the two further openings, wherein the first feed pipe does not touch the drum (inlet pipe 106 does not touch drum 20, Fig. 1); c) a separator (plate pack 207, Fig. 1) arranged in the drum; and d) at least two rotor units (upper radially acting bearing device 310, second magnets 322, and/or rotor magnet 332, Fig. 1) arranged at two axially spaced-apart points on the rotor, wherein the at least two rotor units are respectively part of a corresponding magnetic bearing device, and wherein the at least two rotor units are configured to hold the rotor in a suspended state, to rotatably mount the rotor, and to rotate the rotor within the housing during operation of the separator (page 5 lines 5-28 of machine translation), but does not disclose one or more first and one or more second openings are configured as free radial outlets for the light and heavy phase into the housing; and a second feed pipe extending into a second one of the two further openings, wherein the second feed pipe does not touch the drum, and a frame, the separator insert is exchangeably arranged on the frame.
Xiao discloses analogous art related to a disc separator, comprising one or more first and one or more second openings are configured as free radial outlets (see annotated Fig. 2 below) for the light and the heavy phase into the housing (machine cover 17, Fig. 4). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator insert of Göhmann with the first and second openings or free radial outlets as taught by Xiao for the purpose of discharging light and heavy phases into collecting flow passages corresponding to the machine frame to flow out of the machine (Abstract, Xiao).
The combination of Göhmann and Xiao does not disclose a second feed pipe extending into a second one of the two further openings, wherein the second feed pipe does not touch the drum.
Meahans discloses a second feed pipe (liquid transferring member 21, Fig. 1) extending into a second one of the two further openings, wherein the second feed pipe does not touch the drum. It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator insert of Göhmann as modified by Xiao with the second feed pipe as taught by Meahans for the purpose of conducting liquid into and out of space 17 for maintaining the interface layer in the separating chamber at a radial level (para. [0036], [0040], Meahans).
The combination of Göhmann, Xiao and Maehans does not disclose a frame; the separator insert is exchangeably arranged on the frame.
Mackel discloses a frame, and a separator insert (housing 1 and drum 2, Fig. 1) exchangeably arranged on the frame (the drum 2 is inside the housing 1, and the housing can be screwed to a machine frame, page 4 lines 14-15 of machine translation). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to provide the separator insert of the combination of Göhmann, Xiao and Maehans with the frame of Mackel for the purpose of supporting the separator insert and the motor (page 4 lines 14-15 of machine translation, Mackel).
Claim 52 is rejected under 35 U.S.C. 103 as being unpatentable over Göhmann in view of Xiao, further in view of Maehans, and further in view of Mackel, as applied to claim 47 above, and further in view of Krook.
Regarding claim 52, the combination of Göhmann, Xiao, Maehans, and Mackel does not disclose at least one measuring device configured to determine a parameter of the light phase or the heavy phase; and at least one control device configured to control or regulate an amount of recirculation of the light or the heavy phase based on parameters determined by the measuring device.
Krook discloses analogous art related to a centrifugal separator, wherein at least one measuring device (sensing means 44, Figure) configured to determine a parameter of the light phase or heavy phase; and at least one control device (valve 40, Figure) configured to control or regulate an amount of recirculation of the light or the heavy phase based on parameters determined by the measuring device (col. 4 lines 49-58). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator insert of the combination of Göhmann, Xiao, Maehans and Mackel with the measuring device and control device as taught by Krook for the purpose of recirculating an amount of separated sludge (Abstract, Krook).
Allowable Subject Matter
Claims 48-51 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/Shuyi S. Liu/Examiner, Art Unit 1774