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 Interpretation
In claim 1, line 17 “the fluid channel that is fluidly connected to the second intake port” is considered the same fluid channel previously referred to in the claim.
In claim 9, line 14, “the fluid channel that is fluidly connected to the container” is considered the same fluid channel that is previously referred to in the claim.
In claim 15, line 14, “the fluid channel that is fluidly connected to the second intake port” is considered the same fluid channel that is previously referred to in the claim.
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, 2, 3, 4, and 15 are rejected under 35 U.S.C. 103 as being anticipated by Horn (NZ 286740 A) in view of Wang (WO2020152371A1 a machine translation is provided).
Regarding claim 1, Horn teaches mobile system for mixing and dispensing, the system comprising: a vehicle with an interior (figures 1-3 show the mobile mixing and dispensing system); a first vessel for containing a quantity of a first liquid wherein the first vessel is located within the interior of the vehicle (figure 3 item 9 is housed in the vehicle, the liquid is considered intended use); a second vessel for containing a quantity of a second liquid, wherein the second vessel is located within the interior of the vehicle (figure 3 item 10 is housed in the vehicle, the liquid is considered intended use); a dispenser for dispensing quantities of the first liquid and the second liquid (item 16), wherein: the dispenser is located within the interior of the vehicle (see figure2 , item 16 is housed inside the vehicle); fluid outlet port (item 16 is a dispenser and is considered inherently having an outlet port in order to dispense into items 12); a pump fluidly connected to the first vessel and the dispenser, wherein the pump is configured to transfer the first liquid from the first vessel to the dispenser, and wherein the pump is located within the interior of the vehicle (page 18, claim 19 teaches transferring fluids from the bulk fluid storage to the mixing chamber using a pumping means which, claim 2 teaches the transportable unit includes a means for drawing fluid from an external source to bulk fluid storage means, claim 20 additionally teaches the dispenser drawing fluid from a pumping means). Regarding claim 1, Horn is silent to the dispenser comprises a first intake port, a second intake port, and a first intake port is fluidly connected to the first vessel and the second intake port is fluidly connected to the second vessel; the dispenser further comprises a fluid channel that enables the first liquid to flow from the first intake port to the fluid outlet port; the dispenser further comprises an aspirator component incorporated into the fluid channel that is fluidly connected to the second intake port; the aspirator component enables aspiration of the second liquid into the fluid channel when the first liquid is flowing through the fluid channel, thereby yielding an operative fluid in the fluid channel. Regarding claim 1, Wang teaches dispenser (figure 1 the outlet opening of item 5 is considered reading on a dispenser since mixed material is dispensed into item 7) comprises a first intake port (opening proximate item 5), a second intake port (the opening of the most upstream portion of item 17), and a first intake port is fluidly connected to the first vessel (opening proximate item 5 which receives a liquid inherently requiring a source to supply the liquid, which is considered reading on a vessel) and the second intake port is fluidly connected to the second vessel (port at the upstream end of item17 is considered fluidly connected to item 3 which his considered reading on a vessel); the dispenser further comprises a fluid channel that enables the first liquid to flow from the first intake port to the fluid outlet port (channel 25); the dispenser further comprises an aspirator component incorporated into a fluid channel that is fluidly connected to the second intake port (page 15 of the machine translation, third paragraph teaches “the aspiration of the outlet opening 23 takes place towards the end of the injection of drop 3A, which weaken the tail of the drop 3A and the drop comes off earlier, with a shorter tail.” Which is considered requiring an aspiration component incorporated into channel item 23 and is fluidly connected to opening at the upstream end of item 17, and the second fluid channel is considered item 21); the aspirator component enables aspiration of the second liquid into the fluid channel when the first liquid is flowing through the fluid channel, thereby yielding an operative fluid in the fluid channel (page 15 of the machine translation, third paragraph teaches “the aspiration of the outlet opening 23 takes place towards the end of the injection of drop 3A, which weaken the tail of the drop 3A and the drop comes off earlier, with a shorter tail.” Which is considered requiring an aspiration component incorporated into item 23). Regarding claim 1, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the vehicle mixer of Horn with the aspirator configuration of Wang in order to mix immiscible fluids.
Regarding claim 2, Horn teaches wherein the first liquid is water and the first vessel is a water tank (page 2 last paragraph teaches a water container and a water vessel, however the materials being worked upon are considered intended use).
Regarding claim 3, Horn is silent to the tank volume. Regarding claim 3, absent any unexpected results, it would have been obvious to one of ordinary skill in the art to change the size of the tank based on the desired amount of product being produced since it is well settled that it is an obvious matter of design choice to change the general shape or size of a known element in the absence of a disclosed non-obvious advantage associated with the change. Gardner vs. TEC Systems Inc., 725 F.2d 1338, 1349-50 (Fed. Cir. 1984); In re Kuhle, 526 F.2d 553, 555 (CCPA 1975); In re Dailey, 357 F.2d 669, 672 (CCPA 1966).
Regarding claim 4, Horn teaches wherein the second liquid is a concentrated chemical solution and the second vessel is a container for the concentrated chemical solution (page 8 teaches concentrated chemicals in containers, however the materials being worked upon are considered intended use).
Regarding claim 15, Horn teaches mobile system for mixing and dispensing, the system comprising: a vehicle with an interior (figures 1-3 show the mobile mixing and dispensing system); a container of liquid chemical solution located within the interior of the vehicle (page 14 lines 24-25 teaches storage containers 9 and 10 that contain chemicals for mixing with water); Regarding claim 15, Horn is silent to a dispenser for dispensing quantities of a first liquid and a second liquid therein (item 16); the dispenser located within the interior of the vehicle (item 16 is shown in the vehicle in figure 2), the dispenser is fluidly connected to a water source (page 2 last paragraph teaches a water container and a water vessel which is in fluid communication with item 16) and a chemical solution (page 8 teaches concentrated chemicals in containers, which is in fluid communication with item 16), and an outlet port (item 16 inherently requires an outlet port in order to feed material into items 12 as described on page 15, second paragraph) and a pump fluidly connected to the water source and the dispenser wherein the pump is configured to transfer water from a water source to the dispenser (page 8 fourth paragraph which teaches water pumped from the storage container, which is used downstream in the dispenser), and wherein the pump is located in the interior of the vehicle (claim 10 teaches the transportable unit housing a pump means). Regarding claim 15, Horn is silent to the dispenser comprises a first intake port, a second intake port, the first intake port is fluidly connectable to a water source; the second intake port is fluidly connected to the container of chemical solution; the dispenser further comprises a fluid channel that enables water to flow from the first intake port to the fluid outlet port; the dispenser further comprises an aspirator component incorporated into the fluid channel that is fluidly connected to the second intake port; the aspirator component enables aspiration of the second liquid into the fluid channel when the first liquid is flowing through the fluid channel, thereby yielding an operative fluid in the fluid channel. Regarding claim 15, Wang teaches to the dispenser (figure 1 the outlet opening of item 5 is considered reading on a dispenser since mixed material is dispensed into item 7) comprises a first intake port (opening proximate item 5), a second intake port (the opening of the most upstream portion of item 17), the first intake port is fluidly connectable to a water source (page 5 of the machine translation, first paragraph teaches water); the second intake port is fluidly connected to the container of liquid (most upstream portion of item 17 is fluidly connected to liquid item 3); the dispenser further comprises a fluid channel that enables water to flow from the first intake port to the fluid outlet port (item 25); the dispenser further comprises an aspirator component incorporated into the fluid channel that is fluidly connected to the second intake port (page 15 of the machine translation, third paragraph teaches “the aspiration of the outlet opening 23 takes place towards the end of the injection of drop 3A, which weaken the tail of the drop 3A and the drop comes off earlier, with a shorter tail.” Which is considered requiring an aspiration component incorporated into channel item 23 and is fluidly connected to opening at the upstream end of item 17, and the second fluid channel is considered item 21); the aspirator component enables aspiration of the second liquid into the fluid channel when the first liquid is flowing through the fluid channel, thereby yielding an operative fluid in the fluid channel (page 15 of the machine translation, third paragraph teaches “the aspiration of the outlet opening 23 takes place towards the end of the injection of drop 3A, which weaken the tail of the drop 3A and the drop comes off earlier, with a shorter tail.” Which is considered requiring an aspiration component incorporated into item 23). Regarding claim 15, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the vehicle mixer of Horn with the aspirator configuration of Wang in order to mix immiscible fluids.
Claims 5, 6, 7, and 8, are rejected under 35 U.S.C. 103 as being anticipated by Horn (NZ 286740 A) in view of Wang (WO2020152371A1 a machine translation is provided) in further view of Glass (U.S. Publication 2020/0108364).
Regarding claim 5, Horn teaches a pump (claim 20 teaches the dispenser drawing fluid from a pumping means). Regarding claim 5, Horn is silent to the pump powered by direct current and being 12 volts. Regarding claim 5, Glass teaches wherein the pump is a 12-volt direct current pump (paragraph 42 teaches up to 700 volts of direct current electrical potential which is considered capable of providing 12 volts, and paragraph 42 additionally teaches using a motor for a pumping mechanism). Regarding claim 5, it would have been obvious to one obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the mixer of Horn in view of Glass with the direct current powered pump of Glass in order to provide the desired degree of fluid transfer on the vehicle.
Regarding claim 6, Horn teaches a pump (claim 20 teaches the dispenser drawing fluid from a pumping means). Regarding claim 6, Horn is silent to the specific pounds per square inch. Regarding claim 6, Glass teaches a range of voltage which would lead to varying pressure in the pump (paragraph 42 teaches a range of up to 700 volts and using a motor to power a pump). Regarding claim 6, it would have been obvious to one obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the mixer of Horn in view of Glass with the direct current powered pump of Glass in order to provide the desired degree of fluid transfer on the vehicle. Regarding claim 6, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to vary the pressure in order to obtain the desired degree of mixing since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 7, Horn is silent to wherein the aspirator component comprises an orifice component that controls the rate at which second liquid is aspirated into the fluid channel. Regarding claim 7, Wang teaches wherein the aspirator component comprises an orifice component that controls the rate at which second liquid is aspirated into the fluid channel (output orifice 23, and see page 6 of machine translation, third and fourth paragraphs which teaches how the suction from the aspiration controls the fluids). Regarding claim 7, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the vehicle mixer of Horn with the aspirator configuration of Wang in order to mix immiscible fluids. Regarding claim 7, it would have been obvious to one obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the mixer of Horn in view of Glass with the direct current powered pump of Glass in order to provide the desired degree of fluid transfer on the vehicle.
Regarding claim 8, Horn is silent to wherein the orifice component defines a circular orifice that is between 0.025 inches and 0.030 inches in diameter. Regarding claim 8, Wang teaches an orifice (orifice 23). Regarding claim 8, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the vehicle mixer of Horn with the aspirator configuration of Wang in order to mix immiscible fluids. Regarding claim 8, it would have been obvious to one obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the mixer of Horn in view of Glass with the direct current powered pump of Glass in order to provide the desired degree of fluid transfer on the vehicle. Regarding claim 8, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to change the size of the orifice in order to obtain the desired fluid slow since it is well settled that it is an obvious matter of design choice to change the general shape or size of a known element in the absence of a disclosed non-obvious advantage associated with the change. Gardner vs. TEC Systems Inc., 725 F.2d 1338, 1349-50 (Fed. Cir. 1984); In re Kuhle, 526 F.2d 553, 555 (CCPA 1975); In re Dailey, 357 F.2d 669, 672 (CCPA 1966).
Allowable Subject Matter
Claims 9-14 are allowed. Regarding claim 9, the prior art does not teach or fairly suggest mobile system with the combination of the vehicle, water tank, container, dispenser comprising two manifolds, an aspirator component, and the heat extraction truck mount unit with the heating element.
Conclusion
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/ANSHU BHATIA/Primary Examiner, Art Unit 1774