DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of the apparatus claims 1-8 and 16-20, made without traverse in the reply of 10/13/2025, has been acknowledged. Accordingly, the method claims 9-15 have been withdrawn from further consideration under 37 CFR 1.142(b), as being drawn to the non-elected inventions.
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 1-8 and 16-20 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 pre-AIA the applicant regards as the invention.
Referring to claim 1, it is unclear from the claim language how the ‘cylindrical’ portion must be structurally inter-related with the ‘conical portion’, the portions as recited, lacking antecedency. Similarly, it is unclear how the ‘inlet’ must be structurally inter-related to the ‘intake’, as well as what structural features must configure the inlet, the intake, or the outlet, as well as the ‘overflow’ and ‘underflow’, for the recited functionality. The same considerations apply to claim 16. Note that it is applicants’ responsibility to locate and correct all instances of the raised issues in the dependent claims as well. It is further noted that the features not positively included as part of the claimed invention, including all associated details, are not accorded patentable weight when evaluated for patentability.
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, 3 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frykhult ,US 4134827].
With respect to claims 1 and 16, Frykhult discloses a centrifuge apparatus comprising, as illustrated in Figures 1 and 3, inlets/intakes 6, 7; first hydro-cyclone centrifuge device 1 connected to the inlets/intakes; overflow 3 disposed at a top portion of the cylindrical portion; underflow 4 disposed at a bottom portion of a conical portion of the first hydro-cyclone centrifuge device; outlet 9 connected to the overflow, and first collection container 8 connected to the underflow, , capable to function as recited in the instant claims.
Regarding claim 3, the apparatus further includes at least one pump 19.
Regarding claim 16, Figure 3 further shows at least three serially connected cyclone centrifuge devices 14, 14a and 14b. It is further maintained that the features not positively included as part of the claimed invention, including all associated details, are not accorded patentable weight when evaluated for patentability.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims, as well as any structural detail that is essential for a proper understanding of the disclosed invention. Therefore, the first
‘intake, and the second intake disposed at opposing ends of the cylindrical portion
as well as the ‘cylindrical portion’ perse, configured as recited, must be clearly shown and properly referenced as such, or the feature(s) canceled from the claim(s).
Additionally, many drawings, including Figures 6 and 7, fail to clearly chow the boundaries of the claimed components. Formal drawings for at least Figures 6A, 6B, 7, are requested. No new matter should be entered.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Natalia Levkovich whose telephone number is (571)272-2462. The examiner can normally be reached on Monday-Friday, 2.00 pm-10:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jill A Warden can be reached on 571-272-1267. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NATALIA LEVKOVICH/Primary Examiner, Art Unit 1798
Prosecution Insights