Office Action Predictor
Last updated: April 15, 2026
Application No. 18/025,631

Stirring element device and method for producing a stirring element device

Non-Final OA §102§112§DP
Filed
Mar 09, 2023
Examiner
RASHID, FAZLE A
Art Unit
1748
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ekato Rühr-Und Mischtechnik GMBH
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
3y 1m
To Grant
77%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
183 granted / 334 resolved
-10.2% vs TC avg
Strong +22% interview lift
Without
With
+21.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
5 currently pending
Career history
339
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
32.5%
-7.5% vs TC avg
§112
25.2%
-14.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 334 resolved cases

Office Action

§102 §112 §DP
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/Restriction REQUIREMENT FOR UNITY OF INVENTION As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art. The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e). When Claims Are Directed to Multiple Categories of Inventions: As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories: (1) A product and a process specially adapted for the manufacture of said product; or (2) A product and a process of use of said product; or (3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or (4) A process and an apparatus or means specifically designed for carrying out the said process; or (5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process. Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c). Restriction is required under 35 U.S.C. 121 and 372. This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1. In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted. Group I , claims 1-10 , drawn to a stirring element device . Group II , claim s 11-12 , drawn to an agitation reactor . Group III, claims 13-14, drawn to a method for producing a stirring element device. The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons: Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of the stirring element device , this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Sifford (U.S. 3,049,413), as evidenced in the International Search Report for PCT/EP2021/074509 and in the instant office action . Groups I and III lack unity of invention because even though the inventions of these groups require the technical feature of the stirring element device , this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Sifford (U.S. 3,049,413), as evidenced in the International Search Report for PCT/EP2021/074509 and in the instant office action . Groups II and III lack unity of invention because even though the inventions of these groups require the technical feature of the stirring element device , this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Sifford (U.S. 3,049,413), as evidenced in the International Search Report for PCT/EP2021/074509 and in the instant office action . During a telephone conversation with Michael Mallie on 8/21/25 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-10. Affirmation of this election must be made by applicant in replying to this Office action. Claims 11-14 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention. Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i). The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined. In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01. 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 appl icant regards as his invention. Claim s 1-10 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 claims 1 and 5, the phrases "stirring element device, in particular for stirring fluidized beds and/or solid matter mixtures and/or highly viscous suspensions", the phrase “oval, in particular circle-shaped”, and the phrase “along the entire stirring blade, in particular along a principal course” render the claims indefinite because it is unclear whether the limitations following the phrases are part of the claimed invention. See MPEP § 2173.05(d). Claims 2-4 and 6-10 are rejected because they depend from claim 1. 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. Claims 1-10 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Sifford (U.S. 3,049,413), hereinafter referred to as Sifford . As to claim 1, Sifford discloses a stirring element device capable of stirring fluidized beds and/or solid matter mixtures and/or highly viscous suspensions, with at least one helical stirrer ( stirrer 15 , Figure 2 ), which is rotatable around a rotation axis ( axis represented by shaft 53 , Figure 2 ) and has at least one winding ( winding 37, 38 , Figure 2 ) that runs around the rotation axis, wherein the helical stirrer comprises a base body ( base body of winding 37, 38, Figure 2 ) , which has in at least one cross-sectional view an at least section-wise oval, in particular circle-shaped, outer contour (see circle-outer contour of winding 37 and 38, Figure 2) . As to claim 2, Sifford discloses the helical stirrer comprises a stirring blade (one or more of blades 41 and 42 attached to winding 38, column 4, lines 13-14 and Figure 2 ; alternatively, one or more of blades 39 and 40 attached to winding via connection points, Figure 2 ) , which is connected to the base body. As to claim 3, Sifford discloses the stirring blade is connected to the base body by substance-to-substance bond (one or more of blades 41 and 42 attached to winding 38, column 4, lines 13-14 and Figure 2) . As to claim 4, Sifford discloses the helical stirrer comprises at least one connection element (one or more of connecting points 37a and 38a for connecting blades 39 and 40 to winding, column 4, lines 14-18 and Figure 2) , which connects the stirring blade to the base body. As to claim 5, Sifford discloses the stirring element device wherein the base body extends along the entire stirring blade (base body of winding 37, 38 extends alongside length of stirring blades 39, 41, and 42, Figure 2) , in particular along a principal course. As to claim 6, Sifford discloses the stirring element device wherein the stirring blade has an at least substantially planar surface (planar surfaces of ribbon - like stirring blades 39, 40, 41, and 42 extend vertically and/or in a radially/helically inclined direction, projecting beyond and away from winding 37, 38, Figure 2) on a side facing away from the base body. As to claim 7, Sifford discloses the stirring element device wherein in the cross-sectional view a transverse extent of the stirring blade is greater than a diameter of the outer contour of the base body (planar extent of blades 39, 40, 41, and 42 is wider than diameter of winding 37, 38, Figure 2) . As to claim 8, Sifford discloses the stirring element device wherein in the cross-sectional view the stirring blade has a thickness that is equivalent to maximally 20% of a diameter of the outer contour of the base body (thickness of ribbon-like stirring blades 39, 40, 41, and 42 is less than 20% of the diameter of winding 37, 38, Figure 2) . As to claim 9, Sifford discloses the stirring element device further comprising a cover unit with at least one c over element, which extends at least partly along the base body, covering the base body at least partly in at least one direction that is perpendicular to the rotation axis ( connecting points 37a and 38a for connecting blades 39 and 40 to winding, column 4, lines 14-18 and Figure 2; alternatively, ribbon-like stirring blades 39, 40, 41, and 42 act as partial cover elements, Figure 2) . As to claim 10, Sifford discloses the stirring element device wherein the base body is embodied as a tube (base body of winding 37, 38 is embodied as a hollow tube, column 3, lines 39-40 and Figure 2) . Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ornstein et al. (U.S. 3 ,762,947 ), hereinafter referred to as Ornstein . As to claim 1, Ornstein discloses a stirring element device capable of stirring fluidized beds and/or solid matter mixtures and/or highly viscous suspensions, with at least one helical stirrer (stirrer H , Figure 1 ), which is rotatable around a rotation axis (axis represented by shaft 11 , column 3, line 1 and Figure 2 ) and has at least one winding ( winding of tube 36, 37, Figure 2 ) that runs around the rotation axis, wherein the helical stirrer comprises a base body ( tube 36, 37, Figure 2 ), which has in at least one cross-sectional view an at least section-wise circle-shaped outer contour (see circle- shaped outer contour of tube 36, 37, Figure 2 ). As to claim 2, Ornstein discloses the helical stirrer comprises a stirring blade (paddle 24, Figure 1; alternatively, one or more of blades 39, 40, 41, 42, 43, and 44, Figure 2 ), which is connected to the base body. As to claim 3, Ornstein discloses the stirring blade is connected to the base body by substance-to-substance bond ( see Figures 1 and 2 ) . As to claim 4, Ornstein discloses the helical stirrer comprises at least one connection element ( weld elements, column 4, lines 13-19 and Figure 2 ), which connects the stirring blade to the base body. As to claim 5, Ornstein discloses the stirring element device wherein the base body extends along the entire stirring blade ( tube 36, 37 extends along entirety of each of paddle 24 and each of blades 39, 40, 41, 42, 43, and 44, Figure 2 ), in particular along a principal course. As to claim 6, Ornstein discloses the stirring element device wherein the stirring blade has an at least substantially planar surface ( planar surface of paddle 24, Figure 1 ) on a side facing away from the base body. As to claim 7, Ornstein discloses the stirring element device wherein in the cross-sectional view a transverse extent of the stirring blade is greater than a diameter of the outer contour of the base body ( transverse extent of paddle 24 is greater than diameter of tube 36, 37 , Figure 1 ). As to claim 8, Ornstein discloses the stirring element device wherein in the cross-sectional view the stirring blade has a thickness that is equivalent to maximally 20% of a diameter of the outer contour of the base body (thickness of planar paddle 24 is less than 20% of tube 36, 37, Figure 1 ). As to claim 9, Ornstein discloses the stirring element device further comprising a cover unit with at least one c over element, which extends at least partly along the base body, covering the base body at least partly in at least one direction th at is perpendicular to the rotation axis ( paddle 24, Figure 1; alternatively, one or more of blades 39, 40, 41, 42, 43, and 44 act as partial cover elements, Figure 2). As to claim 10, Ornstein discloses the stirring element device wherein the base body is embodied as a tube ( tube 36, 37, Figure 2 ). Claims 1- 4, 6-7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mcnicol et al. ( WO 2008099180A1 ), hereinafter referred to as Mcnicol . As to claim 1, Mcnicol discloses a stirring element device capable of stirring fluidized beds and/or solid matter mixtures and/or highly viscous suspensions, with at least one helical stirrer (stirrer 28, Figure), which is rotatable around a rotation axis (axis represented by shaft 22, abstract and Figure) and has at least one winding (winding of stirrer 28, Figure) that runs around the rotation axis, wherein the helical stirrer comprises a base body (base body of stirrer 28, Figure), which has in at least one cross-sectional view an at least section-wise circle-shaped outer contour (see circle-shaped outer contour of stirrer 28, Figure). As to claim 2, Mcnicol discloses the helical stirrer comprises a stirring blade (impeller 20, Figure), which is connected to the base body. As to claim 3, Mcnicol discloses the stirring blade is connected to the base body by substance-to-substance bond (see Figure) . As to claim 4, Mcnicol discloses the helical stirrer comprises at least one connection element (mount between stirrer 28 and impeller 20, Figure), which connects the stirring blade to the base body. As to claim 6, Mcnicol discloses the stirring element device wherein the stirring blade has an at least substantially planar surface (planar surface of impeller 20, Figure ) on a side facing away from the base body. As to claim 7, Mcnicol discloses the stirring element device wherein in the cross-sectional view a transverse extent of the stirring blade is greater than a diameter of the outer contour of the base body (transverse extent of impeller 20 is greater than diameter of stirrer 28 , Figure). As to claim 9, Mcnicol discloses the stirring element device further comprising a cover unit with at least one c over element, which extends at least partly along the base body, covering the base body at least partly in at least one direction th at is perpendicular to the rotation axis ( impeller 20 forms a cover element for base body of stirrer 28, Figure ). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, as is listed in the attached sheet of references. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Abbas Rashid whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7457 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 9 AM to 5 PM . 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, Alexa Neckel can be reached at (571) 272-2450 . 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. /Abbas Rashid/ Supervisory Patent Examiner, Art Unit 1748
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Prosecution Timeline

Mar 09, 2023
Application Filed
Sep 03, 2025
Non-Final Rejection — §102, §112, §DP
Apr 04, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
55%
Grant Probability
77%
With Interview (+21.8%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 334 resolved cases by this examiner. Grant probability derived from career allow rate.

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