DETAILED ACTION
This action is in response to the preliminary amendment filed 7/7/2025. Claims 1-36 have been canceled. Claims 37-59 are newly added. Presently, claims 37-59 are pending.
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 .
Drawings
The drawings were received on 4/7/2023. These drawings are 4/7/2023.
The drawings are objected to because: the lines and numbers have poor quality, see 37CFR 1.84.
(l) Character of lines, numbers, and letters. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning. (p)(3) Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height. They should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct.
The drawings are objected to because the use of shading reduces legibility 37 CFR 1.84(m).
See the drawings in US patent 3,797,744 as a representative example for drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 56 is 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.
Claim 56 recites the limitation “wherein the at least one diluent flow source is a source of gas”. Claim 56 depends from claim 39. Claim 39 recites the limitation “wherein the at least one diluent flow source is a source of liquid”.
It is unclear as to the metes and bounds of claim 56 since claim 56 requires that the at least one diluent flow source is a gas while claim 39 requires that the at least one diluent flow source is a liquid. Is the at least one diluent flow source a gas or a liquid?
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 55 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 55 recites the limitation “wherein the at least one diluent flow source is a source of liquid”. Claim 55 depends from claim 39. Claim 39 recites the limitation “wherein the at least one diluent flow source is a source of liquid”. Therefore, it appears that the limitations in claim 55 fail to further limit the subject matter of claim 39.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 37-54 and 57-59 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 37, the prior art of record does not disclose or suggest “a system for dispensing and comingling chemicals into a fluid flow” wherein the system comprises:
“(f) a separate diluent flow conduit in flow connection with at least one diluent flow source for merging a separate diluent flow with the comingled fluid flow from the at least one fluid flow outlet of the chemical manifold”;
“wherein the comingled fluid flow exits the chemical manifold at a first dilution rate and joins the separate diluent flow creating a system output fluid flow at a second dilution rate”; and
in combination with the other limitations of the claim.
Claims 38-54 and 57-59 depend from claim 37, either directly or indirectly, and, therefore, claims 38-54 and 57-59 are allowable for containing the indicated allowable subject matter of claim 37.
Proudman (US 5769108) discloses a system for dispensing and comingling chemicals into a fluid flow, the system comprising;
(a) a chemical manifold (10) having at least one diluent flow inlet (considered the inlet to the manifold 10 in communication with the valve 8), at least one chemical flow inlet (16) and at least one fluid flow outlet (considered the outlet to the manifold 10 in communication with the port 26);
(b) at least one diluent inlet flow control device (8) in flow connection with the at least one diluent flow inlet, the at least one diluent inlet flow control device for delivering a flow of a diluent into the chemical manifold for implementation of one or more chemical dispensing processes, the at least one diluent inlet flow control device in flow connection with at least one diluent flow source (2);
(c) at least one chemical inlet flow control device (12) in flow connection with at least one chemical flow inlet, the at least one chemical inlet flow control device for delivering a flow of a chemical within a range into the chemical manifold for implementation of the one or more chemical dispensing processes, the at least one chemical inlet flow control device in flow connection with at least one chemical flow source (13);
(d) at least one programmable controller (see col. 2, lines 57-67) operably connected to the at least one diluent inlet flow control device and the at least one chemical inlet flow control device to implement the one or more chemical dispensing processes;
(e) a vacuum source (20) in flow connection with the at least one fluid flow outlet to draw a comingled fluid flow from the at least one fluid flow outlet.
The Proudman reference does not disclose or suggest a separate diluent flow conduit in flow connection with at least one diluent flow source for merging a separate diluent flow with the comingled fluid flow from the at least one fluid flow outlet of the chemical manifold and wherein the comingled fluid flow exits the chemical manifold at a first dilution rate and joins the separate diluent flow creating a system output fluid flow at a second dilution rate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tincher et al. (US 20190079543) discloses a dispensing system having a manifold having a diluent source, a chemical source and an eductor.
Hogrefe (US 4932227), Proudman (US 5246026) and Smith (US 3797744), disclose various systems for dispensing a fluid having a chemical and a diluent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew J. Rost whose telephone number is (571) 272-2711. The examiner can normally be reached on Monday-Friday from 9:00 am to 5:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571-272-3607 or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J ROST/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753