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 .
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Higgins (US 1,806,801) in view of Walter (US 2020/0156038):
Regarding claim 1, Higgins discloses a jet impingement reactor comprising a reaction chamber (I) defined by an interior surface of a reaction chamber wall, the reaction chamber having a substantially spheroidal overall shape (see Fig. 2), said chamber comprising a first and a second fluid inlet (d, n), wherein the first and the second fluid inlet are arranged at opposite positions on a first central axis of the reaction chamber such as to point at one another (see Fig. 2, two opposed instances of "n"), and wherein each of the first and the second fluid inlet comprises a nozzle (n); and a fluid outlet (p) arranged at a third position, said third position being located on a second central axis of said chamber, the second
central axis being perpendicular to the first central axis (see Fig. 2); wherein the distance between the nozzle of the first fluid inlet and the nozzle of the second fluid inlet is the same or smaller than the diameter of the reaction chamber along the first central axis (see Fig. 2 and page 2 lines 66-70). It is not explicitly stated that the orifice diameters of the nozzles are less than 1mm. Walter teaches orifices diameters of highly analogous impinging jets being less than 1mm (see [0021] and [0027]). It would have been obvious for one of ordinary skill in the art before the effective filing date to have made the orifice diameter less than 1mm as taught by Walter, to scale to an amount of material desired to be processed.
Regarding claim 2, the nozzles are arranged such as to direct a first and a second fluid stream along the first central axis towards the center of the chamber and to allow the first fluid stream and the second fluid stream to collide at an angle of about 180 degrees.
Regarding claim 3, essentially all of the interior surface of the reaction chamber wall is substantially spherical, optionally with the exception of portions of the interior surface that are part of the first and/or second fluid inlet or of the fluid outlet (see Fig. 2); and the reaction chamber is free of other inlet or outlet openings (see Fig. 2).
Regarding claim 4, while the distance between the nozzles is disclosed to be less than 5mm (see page 2, line 125), Higgins does not disclose the chamber volume being less than 0.25mL. In accordance with In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) and In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) it would have been obvious for one of ordinary skill in the art before the effective filing date to have scaled the apparatus based upon the amount of material desired to be processed.
Regarding claim 5, each of the first and the second fluid inlet is provided by a fluid inlet connector (d) having an upstream end, a downstream end holding the nozzle of the first or second fluid inlet, and a fluid conduit for conducting a fluid from the upstream end to the downstream end, and wherein the downstream end of each fluid inlet connector is reversibly insertable into the chamber wall such as to provide the first and the second fluid inlet (see Fig. 2).
Regarding claim 6, the fluid inlet connector has an upstream segment comprising the upstream end of the fluid inlet connector and an upstream portion of the fluid conduit; and a downstream segment comprising the downstream end of the fluid inlet connector with the nozzle and a downstream portion of the fluid conduit, wherein the diameter of the upstream portion of the fluid conduit is larger than the diameter of the downstream portion of the fluid conduit (see Fig. 2).
Regarding claim 7, the nozzles (n) of Higgins are plain-orifice nozzles (see Fig. 2).
Regarding claim 8, Walter further teaches the orifice diameters being in the 20 to 500 micron range (see [0021] and [0027]).
Regarding claim 9, the ratio of the chamber diameter to the orifice diameter is not numerically disclosed; however, it would have been obvious for one of ordinary skill in the art before the effective filing date to have found and optimal or workable range of this ratio based upon desired residence time for a particular process.
Regarding claim 10, the ratio of the chamber diameter to the outlet diameter is not numerically disclosed; however, it would have been obvious for one of ordinary skill in the art before the effective filing date to have found and optimal or workable range of this ratio based upon desired residence time for a particular process.
Regarding claim 11, the discussion of glass on page 3, lines 92-95 would have suggested a smooth surface to one of ordinary skill in the art before the effective filing date.
Regarding claim 12, the chamber wall is glass or ceramic (see page 3, lines 92-95).
Claim 13 does not further limit that glass or ceramic alternatives set forth in parent claim 12.
Regarding claim 14, the disclosure by Higgin that the nozzles are also electrodes would have disclosed or suggested the nozzles being metal (see page 2, lines 60-65).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Higgins (US 1,806,801) in view of Walter (US 2020/0156038) as applied to claim 1 above, and further in view of Bertram (US 5,186,905). In Higgins downstream ends of the nozzles are not aligned with the interior surface of the chamber wall. Bertram teaches aligning the downstream ends of nozzles of an impinging jet reactor with the inner surface of the chamber wall (see col. 6, lines 50-55). It would have been obvious for one of ordinary skill in the art before the effective filing date to have aligned the downstream ends of the nozzles with the chamber interior surface to minimize accumulation of deposits as taught by Bertram.
Response to Arguments
Applicant falsely states “Higgins is a US patent granted in 1931 that has nothing to do with jet impingement reactors”. In truth, Higgins expressly refers to “impinging jets” in page 1, lines 9-12 and states “of course, the two jets meet in the middle” on page 2 line 88. Furthermore, the impinging jet reactor is shown in detail in Fig. 2 of Higgins.
Applicant discusses the use of applicant’s invention for forming nanoparticles; however, the elected invention is an apparatus and is no way limited to such a use. Furthermore, even non-elected method claims 16 is open to any mixing of two fluid streams and is in no way limited to nanoparticles. As explained in the first sentence of the instant specification “Jet impingement reactors are fluid reactors for mixing fluids or…”. All the relied upon references are analogous art because they all involve impinging jet reactors for mixing fluids, which is applicant’s field of invention.
As held in Page Steel & Wire Co. v. Smith Bros. Hardware Co., 64 F.2d 512 (6th Cir. 1933) “mere change in dimensions is not invention”. Similarly, Steel Wheel Corporation v. B. F. Goodrich Rubber Co., 42 F.2d 406 (C. C. A. 6) held “this is a mere change in size, unpatentable”.
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 DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X 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.
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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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