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 .
Response to Arguments
Applicant's arguments filed 02/01/2026 with respect the prior art of Zheng (CN207533357U) have been fully considered but they are not persuasive.
The Applicant argued that the prior art of Zheng (CN207533357U) does not disclose the new limitations of claim 1.
In response to this argument, the Applicant is relying on the drawing for supporting “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft”;
The Applicant does not disclose a specific technical advantage to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft”;
Further, the Application configuration is resulted to have “a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled, the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft”; and
The prior art of Zheng configuration is resulted to have “a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled, the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft (paragraph 0040)”;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft”, as a matter of routine engineering design choice; or
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to rearrange the first shaft, the second shaft, and the cutter of Zheng to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft” in order to control the speed of the motors as desired (Zheng: paragraph 0040) (MPEP 2144.04: VI, C).
Accordingly; this argument is not persuasive.
Claim Objections
Claim 1 objected to because of the following informalities:
Regarding claim 1, the phrase “a surface of the cutter, opposite to the hole pate” should be changed to “a surface of the cutter, opposite to the hole plate”.
Appropriate correction is required.
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.
Claims 1, 3-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (CN207533357U attached NPL, English Machine translation).
Regarding claim 1, Zheng discloses an apparatus for hydrogel of super absorbent polymer (a claim is only limited by positively recited elements. Thus, "inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). See MPEP 2115) comprising:
a body (figs.1 and 3: (2)) having a transfer space (fig.3: the space where the element (6) is placed) where the hydrogel is transferred, and a discharge space (figs.1 and 3: (23)) where ground hydrogel is discharged (paragraphs 0033-0041);
a first rotation shaft (fig.3: the shaft of the element (6)) disposed in the transfer space, wherein at least one screw (fig.3: (6)) is formed on an outer perimeter surface of the first rotation shaft, to transfer the hydrogel along a longitudinal direction of the body;
a hole plate (fig.3: (7)) fixed to the body and having a plurality of through holes (fig.3: (72)); and
a second rotation shaft (fig.3: (42)) disposed in the discharge space, wherein
a cutter (fig.3: (9)) is attached to the second rotation shaft and spaced from the hole plate by a predetermined distance, to grind the hydrogel transferred by the screw;
a first driving motor (fig.1: (3)) providing first driving force to the first rotation shaft and a second driving motor (fig.1: (4)) providing second driving force to the second rotation shaft;
the hydrogel, directly after being transferred by the screw, collides with the cutter, which is rotated by the second motor, and the hydrogel is ground into particles smaller than a diameter of the plurality of through holes in the hole plate, allowing the ground particles pass through the plurality of through holes;
wherein a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled (paragraph 0040); and
wherein the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft (paragraph 0040).
Zheng does not disclose wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft;
The Applicant does not disclose a specific technical advantage to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft”;
Further, the Application configuration is resulted to have “a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled, the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft”; and
The prior art of Zheng configuration is resulted to have “a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled, the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft (paragraph 0040)”;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft”, as a matter of routine engineering design choice; or
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to rearrange the first shaft, the second shaft, and the cutter of Zheng to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft” in order to control the speed of the motors as desired (Zheng: paragraph 0040) (MPEP 2144.04: VI, C).
Zheng does not disclose the rotation speed of the second rotation shaft is within 2500 rpm to 3300 rpm, and the rotation speed of the first rotation shaft is within 30 rpm to 70 rpm;
However; Zheng discloses wherein the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft (paragraph 0040); and
Choosing the specific speed of the motor of the feeding and the speed of the motor of the grinding process is very know in art that depends on the design and the requirement of the process of the grinding as desired; such as the speed of the feeding and the speed of the grinding process which effect the size of the product”
Therefore; it would have been obvious to one of ordinary skill in the art at the time of the invention to choose the speeds of the motors of the Zheng to be rotated at any speed as desired, including the rotation speed of the second rotation shaft is within 2500 rpm to 3300 rpm, and the rotation speed of the first rotation shaft is within 30 rpm to 70 rpm, in order to meet a specific requirement of the process of the grinding as desired.
Regarding claim 3, Zheng discloses wherein the first driving motor (fig.1: (3)) is disposed at one side closest to the transfer space in the longitudinal direction of the body, and the first rotation shaft (fig.3: the shaft of the element (6)) penetrates the one side surface of the body and is connected to the first driving motor; and
the second driving motor (fig.1: (4)) is disposed at other side closest to the discharge space in the longitudinal direction of the body, and the second rotation shaft (fig.3: (42)) penetrates the other side surface of the body and is connected to the second driving motor.
Regarding claim 4, Zheng discloses wherein the cutter (fig.3: (9)) is disposed at one side in the longitudinal direction of the hole plate adjacent to the transfer space,
and one end of the second rotation shaft (fig.3: (42)) penetrates the hole plate (fig.3: (7)) and is connected to the cutter.
Regarding claim 7, Zheng discloses wherein the transfer space (fig.3: the space where the element (6) is placed) is formed at one side in the longitudinal direction of the body, the discharge space (figs.1 and 3: (23)) is formed at the other side in the longitudinal direction of the body, and the cutter (fig.3: (9)) and the hole plate (fig.3: (7)) define a boundary between the transfer space and the discharge space (fig.3).
Regarding claim 8, Zheng discloses wherein the rotational speed of the first rotational shaft corresponds to a transfer speed of the hydrogel, and the rotation speed of the second driving shaft corresponds to a discharge speed of the hydrogel (paragraph 0040: first motor (3) controls the feed speed of the material and increase speed of the second motor (4) result for mor cutting time of the material “discharge speed)).
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN108554595A attached NPL, English Machine translation) in view of Zheng (CN207533357U attached NPL, English Machine translation).
Regarding claim 1, Chen discloses an apparatus for hydrogel of super absorbent polymer (a claim is only limited by positively recited elements. Thus, "inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). See MPEP 2115) comprising:
a body (the body of fig.) having a transfer space (fig.1: (16)) where the hydrogel is transferred, and a discharge space (fig.1: (1)) where ground hydrogel is discharged (paragraphs 0021-0031);
a first rotation shaft (fig.1: the shaft of the element (17)) disposed in the transfer space, wherein at least one screw (fig.1: (17)) is formed on an outer perimeter surface of the first rotation shaft, to transfer the hydrogel along a longitudinal direction of the body;
a hole plate (fig.1: (6)) fixed to the body and having a plurality of through holes (fig.3: (601)); and
a second rotation shaft (fig.1: (3)) disposed in the discharge space, wherein
a cutter (fig.3: (4)) is attached to the second rotation shaft and spaced from the hole plate by a predetermined distance, to grind the hydrogel transferred by the screw;
a first driving motor (fig.1: (18)) providing first driving force to the first rotation shaft and a second driving motor (fig.1: (2)) providing second driving force to the second rotation shaft;
the hydrogel, directly after being transferred by the screw, collides with the cutter, which is rotated by the second motor, and the hydrogel is ground into particles smaller than a diameter of the plurality of through holes in the hole plate, allowing the ground particles pass through the plurality of through holes;
a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled (the motors (2) and (18) are separated motor which capable to be operated independently at any speed as desired).
Chen does not disclose wherein the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft; the rotation speed of the second rotation shaft is within 2500 rpm to 3300 rpm, and the rotation speed of the first rotation shaft is within 30 rpm to 70 rpm.
Zheng discloses an apparatus; comprising:
a first rotation shaft (fig.3: the shaft of the element (6)) disposed in the transfer space, wherein at least one screw (fig.3: (6)) is formed on an outer perimeter surface of the first rotation shaft, to transfer the hydrogel along a longitudinal direction of the body;
a hole plate (fig.3: (7)) fixed to the body and having a plurality of through holes (fig.3: (72)); and
a second rotation shaft (fig.3: (42)) disposed in the discharge space, wherein
a cutter (fig.3: (9)) is attached to the second rotation shaft and spaced from the hole plate by a predetermined distance, to grind the hydrogel transferred by the screw;
wherein a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled (paragraph 0040); and
wherein the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft (paragraph 0040).
Both of the prior arts of Chen and Zheng are related to an apparatus for grind a material having a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Chen to have wherein the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft as taught by Zheng, since it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
Chen in view of Zheng does not disclose wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft;
The Applicant does not disclose a specific technical advantage to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft”;
Further, the Application configuration is resulted to have “a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled, the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft”; and
The prior art of Zheng configuration is resulted to have “a rotation speed of the first rotation shaft and a rotation speed of the second rotation shaft are independently controlled, the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft (paragraph 0040)”;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft”, as a matter of routine engineering design choice; or
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to rearrange the first shaft, the second shaft, and the cutter of Chen in view of Zheng to have “wherein the second rotation shaft does not penetrate through the cutter, a surface of the cutter, opposite to the hole pate, is exposed to the transfer space and is not directly or indirectly attached to the first rotational shaft” in order to control the speed of the motors as desired (Zheng: paragraph 0040) (MPEP 2144.04: VI, C).
Chen in view of Zheng does not disclose the rotation speed of the second rotation shaft is within 2500 rpm to 3300 rpm, and the rotation speed of the first rotation shaft is within 30 rpm to 70 rpm;
However; Zheng discloses wherein the rotation speed of the second rotation shaft is faster than the rotation speed of the first rotation shaft (paragraph 0040); and
Choosing the specific speed of the motor of the feeding and the speed of the motor of the grinding process is very know in art that depends on the design and the requirement of the process of the grinding as desired; such as the speed of the feeding and the speed of the grinding process which effect the size of the product”
Therefore; it would have been obvious to one of ordinary skill in the art at the time of the invention to choose the speeds of the motors of the Chen in view of Zheng to be rotated at any speed as desired, including the rotation speed of the second rotation shaft is within 2500 rpm to 3300 rpm, and the rotation speed of the first rotation shaft is within 30 rpm to 70 rpm, in order to meet a specific requirement of the process of the grinding as desired.
Regarding claim 6, Chen discloses an inlet (fig.1: (19)) formed at an upper part of the body, and connected to the transfer space, through which the hydrogel is introduced in the body; and
an outlet (fig.1: the outlet of the element (1) that connected to the storage (14)) formed at a lower part of the body, and connected to the discharge space (fig.1: (1)), through which the hydrogel is discharged into outside of the body.
Therefore, the modification of Chen in view of Zheng teaches the limitations of claim 6.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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/MOHAMMED S. ALAWADI/Primary Examiner, Art Unit 3725