OFFICE ACTION
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300.
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 .
Priority
Acknowledgment is made of applicant's claim for domestic priority under 35 U.S.C. § 119(e).
Information Disclosure Statement
Note the attached PTO-1449 forms submitted with the Information Disclosure Statements.
Specification
The abstract is acceptable.
The title is acceptable.
Claim Rejections - 35 USC § 103
The terms used in this respect are given their broadest reasonable interpretation in their ordinary usage in context as they would be understood by one of ordinary skill in the art, in light of the written description in the specification, including the drawings, without reading into the claim any disclosed limitation or particular embodiment. See, e.g., In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004); In re Hyatt, 211 F.3d 1367, 1372 (Fed. Cir. 2000); In re Morris, 127 F.3d 1048, 1054-55 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321-22 (Fed. Cir. 1989). The Examiner interprets claims as broadly as reasonable in view of the specification, but does not read limitations from the specification into a claim. Elekta Instr. S.A.v.O.U.R. Sci. Int'l, Inc., 214 F.3d 1302, 1307 (Fed. Cir. 2000).
To determine whether subject matter would have been obvious, "the scope and content of the prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in the pertinent art resolved .... Such secondary considerations as commercial success, long felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to be patented." Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17-18 (1966).
The Supreme Court has noted:
Often, it will be necessary for a court to look to interrelated teachings of multiple patents; the effects of demands known to the design community or present in the marketplace; and the background knowledge possessed by a person having ordinary skill in the art, all in order to determine whether there was an apparent reason to combine the known elements in the fashion claimed by the patent at issue.
KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1740-41 (2007). "Under the correct analysis, any need or problem known in the field of endeavor at the time of invention and addressed by the patent can provide a reason for combining the elements in the manner claimed." (Id. at 1742).
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 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.
The instant office action conforms to the policies articulated in the Federal Register notice titled “Updated Guidance for Making a Proper Determination of Obviousness” at 89 Fed. Reg. 14449, February 27, 2024, wherein the Supreme Court’s directive to employ a flexible approach to understanding the scope of prior art is reflected in the frequently quoted sentence, ‘‘A person of ordinary skill is also a person of ordinary creativity, not an automaton.’’ Id. at 421, 127 S. Ct. at 1742. In this section of the KSR decision, the Supreme Court instructed the Federal Circuit that persons having ordinary skill in the art (PHOSITAs) also have common sense, which may be used to glean suggestions from the prior art that go beyond the primary purpose for which that prior art was produced. Id. at 421–22, 127 S. Ct. at 1742. Thus, the Supreme Court taught that a proper understanding of the prior art extends to all that the art reasonably suggests, and is not limited to its articulated teachings regarding how to solve the particular technological problem with which the art was primarily concerned. Id. at 418, 127 S. Ct. at 1741 (‘‘As our precedents make clear, however, the analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.’’). ‘‘The obviousness analysis cannot be confined . . . by overemphasis on the importance of published articles and the explicit content of issued patents.’’ Id. at 419, 127 S. Ct. at 1741. Federal Circuit case law since KSR follows the mandate of the Supreme Court to understand the prior art— including combinations of the prior art—in a flexible manner that credits the common sense and common knowledge of a PHOSITA. The Federal Circuit has made it clear that a narrow or rigid reading of prior art that does not recognize reasonable inferences that a PHOSITA would have drawn is inappropriate. An argument that the prior art lacks a specific teaching will not be sufficient to overcome an obviousness rejection when the allegedly missing teaching would have been understood by a PHOSITA—by way of common sense, common knowledge generally, or common knowledge in the relevant art. For example, in Randall Mfg. v. Rea, 733 F.3d 1355 (Fed. Cir. 2013), the Federal Circuit vacated a determination of nonobviousness by the Patent Trial and Appeal Board (PTAB or Board) because it had not properly considered a PHOSITA’s perspective on the prior art. Id. at 1364. The Randall court recalled KSR’s criticism of an overly rigid approach to obviousness that has ‘‘little recourse to the knowledge, creativity, and common sense that an ordinarily skilled artisan would have brought to bear when considering combinations or modifications.’’ Id. at 1362, citing KSR, 550 U.S. at 415–22, 127 S. Ct. at 1727. In reaching its decision to vacate, the Federal Circuit stated that by ignoring evidence showing ‘‘the knowledge and perspective of one of ordinary skill in the art, the Board failed to account for critical background information that could easily explain why an ordinarily skilled artisan would have been motivated to combine or modify the cited references to arrive at the claimed inventions.’’ Id.
From Norgren Inc. v. Int’l Trade Comm’n, 699 F.3d 1317, 1322 (Fed. Cir. 2012) (‘‘A flexible teaching, suggestion, or motivation test can be useful to prevent hindsight when determining whether a combination of elements known in the art would have been obvious.’’); Outdry Techs. Corp. v. Geox S.p.A., 859 F.3d 1364, 1370–71 (Fed. Cir. 2017) (‘‘Any motivation to combine references, whether articulated in the references themselves or supported by evidence of the knowledge of a skilled artisan, is sufficient to combine those references to arrive at the claimed process.’’). In keeping with this flexible approach to providing a rationale for obviousness, the Federal Circuit has echoed KSR in identifying numerous possible sources that may, either implicitly or explicitly, provide reasons to combine or modify the prior art to determine that a claimed invention would have been obvious. These include ‘‘market forces; design incentives; the ‘interrelated teachings of multiple patents’; ‘any need or problem known in the field of endeavor at the time of invention and addressed by the patent’; and the background knowledge, creativity, and common sense of the person of ordinary skill.’’ Plantronics, Inc. v. Aliph, Inc., 724 F.3d 1343, 1354 (Fed. Cir. 2013), quoting KSR, 550 U.S. at 418–21, 127 S. Ct. at 1741–42.
The Federal Circuit has also clarified that a proposed reason to combine the teachings of prior art disclosures may be proper, even when the problem addressed by the combination might have been more advantageously addressed in another way. PAR Pharm., Inc. v. TWI Pharms., Inc., 773 F.3d 1186, 1197–98 (Fed. Cir. 2014) (‘‘Our precedent, however, does not require that the motivation be the best option, only that it be a suitable option from which the prior art did not teach away.’’) (emphasis in original). One aspect of the flexible approach to explaining a reason to modify the prior art is demonstrated in the Federal Circuit’s decision in Intel Corp. v. Qualcomm Inc., 21 F.4th 784, 796 (Fed. Cir. 2021), which confirms that a proposed reason is not insufficient simply because it has broad applicability. Patent challenger Intel had argued in an inter partes review before the Board that some of Qualcomm’s claims were unpatentable because a PHOSITA would have been able to modify the prior art, with a reasonable expectation of success, for the purpose of increasing energy efficiency. Id. at 796–97. The Federal Circuit explained that ‘‘[s]uch a rationale is not inherently suspect merely because it’s generic in the sense of having broad applicability or appeal.’’ Id. The Federal Circuit further pointed out its pre-KSR holding ‘‘that because such improvements are ‘technology independent,’ ‘universal,’ and ‘even common-sensical,’ ‘there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves.’ ’’ Id., quoting DyStar Textilfarben GmbH v. C.H. Patrick Co., 464 F.3d 1356, 1368 (Fed. Cir. 2006) (emphasis added by the Federal Circuit in Intel). When formulating an obviousness rejection, the PTO may use any clearly articulated line of reasoning that would have allowed a PHOSITA to draw the conclusion that a claimed invention would have been obvious in view of the facts. MPEP 2143, subsection I, and MPEP 2144. Acknowledging that, in view of KSR, there are ‘‘many potential rationales that could make a modification or combination of prior art references obvious to a skilled artisan,’’ the Federal Circuit has also pointed to MPEP 2143, which provides several examples of rationales gleaned from KSR. Unwired Planet, 841 F.3d at 1003.
When considering the prior art in its entirety, note Allied Erecting v. Genesis Attachments, 825 F.3d 1373, 1381, 119 USPQ2d 1132, 1138 (Fed. Cir. 2016) ("Although modification of the movable blades may impede the quick change functionality disclosed by Caterpillar, ‘[a] given course of action often has simultaneous advantages and disadvantages, and this does not necessarily obviate motivation to combine.’" (quoting Medichem, S.A. v. Rolabo, S.L., 437 F.3d 1157, 1165, 77 USPQ2d 1865, 1870 (Fed Cir. 2006) (citation omitted))). However, "the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed…." In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Claims 1, 13, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over STAHELI et al. (US 2018/0071700 A1) in view of LERMAN (US 4628574) wherein STAHELI et al. discloses in several Figures, particularly Figure 21, a modular mixing impeller assembly comprising one or more connection tubes 542; one or more impellers 564 configured for assembly to the one or more connection tubes 542 ¶ [0094], each of the one or more impellers having a plurality of mixing blades 206, wherein each of the one or more impellers is assembled onto at least one connection tube via a fitted joining such that each of the one or more impellers is configured to rotate with the at least one connection tube 542 to which that impeller is assembled, and wherein the assembly between impeller and connection tube creates an airtight and water-tight seal per [0098]:
[0098] Impeller 564 can be attached to connector 542 by inserting first end 570 of hub 566 within connector 542 at second end 546. A pull tie, clamp, crimp, or other type of fastener can then be cinched around second end 546 of connector 542 so as to form a liquid tight sealed engagement between impeller 564 and connector 542.
wherein each of the one or more impellers includes a central hub 566 with a bore hole 572, the bore hole configured to accommodate a drive shaft 362;
wherein a first side of the central hub 566 extends axially away from the plurality of mixing blades 206 in a first direction, and a second side of the central hub 566 extends away from the plurality of mixing blades 206 in a second direction opposite the first direction - Figure 21;
wherein at least one of the one or more impellers includes a plate section at 194 that extends radially outward from the central hub 566, and wherein each of the plurality of mixing blades 206 is attached at a perimeter portion of the plate section 194;
wherein each of the plurality of mixing blades is pitched at an angle (i.e., any angle) to the plate section such that rotation of the blades in a clockwise direction can force a mixture to flow axially in a first direction, and rotation of the blades in a counterclockwise direction can force the mixture to flow axially in a second direction opposite the first direction - Figure 14;
wherein each of the plurality of mixing blades is attached perpendicularly to the plate section such that rotation of the blades in a clockwise or counterclockwise direction forces a mixture to flow radially outward from the blades - Figures 10, 15, 20, and 21;
wherein the plate section 194 has multiple one or more openings 200A that are circumferentially spaced apart, namely six openings spaced 60 degrees apart around the circumference of the plate section 194 - Figure 11;
wherein the one or more impellers is a plurality of impellers arranged in a series configuration, with each impeller disposed in axial spaced relation to an adjacent mixing blade - Figures 22, 23, 28, and 29;
a drive shaft 362 inserted through the one or more connection tubes 542 and through a bore hole 572 of each of the one or more impellers, the drive shaft 362 configured for connection to an external motor 300 that rotates the drive shaft 362;
wherein the drive shaft has a hexagonal cross-section that corresponds to a hexagonal cross-section for each bore hole 572 of the one or more impellers such that rotation of the drive shaft rotates each of the one or more impellers, and each of the one or more connection tubes [0100];
a central hub 566 with a bore hole 572, the bore hole configured to accommodate a drive shaft 362, the central hub configured for a sealed connection to at least one connection tube 542 [0098]; a plate section 194 that extends radially outward from the central hub; and a plurality of mixing blades 206 attached at a perimeter portion of the plate section;
wherein a first side of the central hub 566 extends axially away from the plurality of mixing blades in a first direction, and a second side of the central hub extends away from the plurality of mixing blades in a second direction opposite the first direction - Figure 21;
wherein the first and second sides of the central hub 566 are each configured for assembly to the at least one connection tube 542 via a fitted joining such that the impeller is configured to rotate with the at least one connection tube 542, and wherein the assembly between impeller and connection tube creates an airtight and water-tight seal [0098];
wherein each of the plurality of mixing blades is pitched at an angle (i.e., any angle) to the plate section such that rotation of the blades in a clockwise direction can force a mixture to flow axially in a first direction, and rotation of the blades in a counterclockwise direction can force the mixture to flow axially in a second direction opposite the first direction - Figure 14;
wherein each of the plurality of mixing blades is attached perpendicularly to the plate section such that rotation of the blades in a clockwise or counterclockwise direction forces a mixture to flow radially outward from the blades - Figures 10, 15, 20, and 21;
wherein the bore hole 572 has a hexagonal cross-section [0100];
and wherein the plate section 194 is circular and wherein the bore hole 572 and plate section 194 are concentric.
Assuming that STAHELI et al. does not disclose the interference friction fit, the patent to LERMAN discloses when referring to FIG. 1, a vessel 10 which may be a reactor of the type used in the chemical industry is illustrated schematically for the purpose of providing an environmental showing of the invention. These vessels oftentimes are quite large, and during processing of material it is not an uncommon occurrence that high pressures or vacuum develop within the confines of the vessel itself. Vessels of the type described above may be formed generally by a base 12, a wall 14 which extends from the base toward a top 16 which encloses the vessel.
The apparatus for use in stirring, agitating or otherwise processing material may be characterized as a separable blade agitator 28 including a shaft 30 and an impeller assembly 32 carried by the shaft. These components of the separable blade assembly are illustrated only generally in FIG. 1.
Referring to FIGS. 2 and 3, impeller assembly 32 includes a hub 34, a plurality of blades 36 and a stub shaft 38. The shaft 30 includes a pair of members 40, 42 which are connected together axially to provide a shaft of an extended length. Preferably, the shaft will be of a length to locate the impeller assembly mounted at its end near base 12, while extending from the opening 26.
The blades 36 extend outwardly of hub 34 in opposite paired dispositions of blades with the blades of each pair of blades being separated by an angle, and a leading blade of one pair of blades being separated by an angle from a trailing blade of the other pair of blades. The blades, as illustrated, may follow a somewhat arcuate outline from the region at hub 34 to the tips. The blades, also, may extend substantially radially.
The member 40 is the upper of the two members and connected to member 42 within the region for mounting the impeller assembly 32. The member 40, more specifically, is supported in a journal (not shown) above opening 26. A prime mover (not shown) is connected to member 40 of the shaft to drive the shaft in one direction of rotation or the other. Rotation of the shaft is represented by arrow 44. The upper member 40 may be formed by a cylinder, or the member may take the form of a rod. The particular form of the upper member is not important. However, from the standpoint of weight of the shaft it may be preferable to form the upper member as a cylinder. The lower member is of complex outline including a ridge 46, or a corresponding positioned groove, which completely circumscribes the lower member and a socket 48 at its end. The socket is formed by an annular well 50. As may be seen in FIG. 3, the inner wall of the socket is tapered from the end toward the axis of shaft 30. The socket, at its inner extreme, includes a ring 52 of somewhat bulbous configuration. A similar ridge may be provided on shaft 30a (see FIG. 4).
In the form of the invention illustrated in FIGS. 2 and 3, both the shaft 30 and impeller assembly 32 are integral units (the impeller assembly may be integrated from the several components by weldments in a manner similar to the manner of formation of the shaft) comprising a metal substructure and a coating 56.
FIG. 4 illustrates a second form of the apparatus of the invention. In this form of the invention, the shaft 30a includes an elongated member having a length substantially equal to the length of shaft 30. Thus, one end of the shaft resides within opening 26 while the other end extends toward base 12 thereby to support the impeller assembly 32a adjacent the base. Shaft 30a includes at least one region 58 for mounting an impeller assembly 32a. In this form of the invention, the impeller assembly includes a pair of hubs 60, 62, each in the form of an annular body, with each hub supporting a pair of blades. To this end, hub 60 supports the blades 64, 66, and hub 62 supports a blade 68 and a second blade (not shown). The blades on hubs 60, 62 each extends in opposite directions and the hubs are received on the shaft so that the blades, as may be seen in FIG. 8, extend from the axis of the hub outwardly at 90 degree locations. The second blade, that is, the blade 70 may be seen in both FIGS. 7 and 8.
Referring to FIG. 7, shaft 30a may include two or more regions 58 at spaced locations along the shaft to support separate tiers of impeller assemblies. While the impeller assemblies are illustrated to include two hubs with each hub including two oppositely extending blades, it is envisioned that each impeller assembly, equally as well, could include three and possibly four or more hubs to provide an array of blades in plan view which extend from the hubs at equicircumferential radial locations of less than 90 degrees.
Shaft 30a, if it is to mount a plurality of tiers of impeller assemblies, will provide regions 58 of different diameter to receive the hubs of the impeller assemblies, which likewise are provided with bores of different diameter.
The blades in each tier of blades may extend from the supporting hub in a number of different attitudes. To this end, referring to FIGS. 4 and 7, the blades may each extend radially outwardly of the hub. An impeller of this construction has operated successfully in processing a material within the vessel 10. Moreover, a preferred arrangement of the blades, one which is considered to provide the impeller assemblies with greater dynamic stability in operation, may be seen in FIG. 9. Referring to that Figure, a shaft 30b supports a pair of hubs 60a, 62a within a region 58. The hub 60a supports a pair of blades 64a, 66a which are directed from the hub in opposite directions, while a pair of blades 68a, 70a, also directed in opposite directions, are carried by hub 62a. Each blade of each hub is offset in the axial direction of shaft 30b toward the other hub so that the tips of all blades locate to a common circular path of movement.
Referring to both forms of the invention illustrated in FIGS. 3 and 4, the impeller assembly of these Figures is received on a shaft by cooperating tapered surfaces, wherein the taper is at a sufficiently low angle to provide a self-locking fit. The angle of taper of region 58 (FIG. 4), or the taper within socket 50 (FIG. 3), is not important, other than providing the requirement of a self-locking fit. Quite obviously, when considering the form of invention of FIG. 4, the hubs 60, 62 will be tapered along their respective bores to move into a self-locking fit along the region 58. Thus, the hub 62 necessarily will be received on the shaft before the hub 60. The particular order of receipt may be marked to avoid any possibility of assembling the component parts in an improper order. Likewise, the hubs may be marked to assure proper relative orientation between them.
The angle of taper is one of several criteria to be considered in the assembly of a separable blade agitator, thereby to assure an adequate transmission of torque between the shaft and the impeller assembly. Other factors of concern are the total surface area of contact between the shaft and impeller assembly, the force of assembly of the components, and the surface characteristics of the components to be assembled.
As indicated, the particular angle of taper other than providing an angle of taper to create a self-locking assembly is not critical. The representative construction, above, may provide a radial taper. An area of contact of about is provided between each hub and the surface of the shaft. A good interference fit may be provided between the components by application of force thereby to transmit necessary torque to an impeller assembly having a plurality of blades extending outwardly of the hub through a distance of about 1 to about 5 feet. An impeller may include at least one hub, each providing at least one blade and a shaft may support a single tier or multiple tiers of impeller assemblies. While blades 64, 66, 68 and 70 are illustrated in FIG. 4 as extending outward of the respective mounting hubs 60 and 62. The blades could equally as well take the configuration of the blades of the form of invention illustrated in FIG. 2.
Referring to FIG. 4, the hubs are each pulled onto the tapered region of the shaft with a force which is sufficient to expand the hub and produce an interference/friction fit between members.
With the above-described construction at ambient conditions, about 0.04 to 0.05 inch-lbs of torque may be transmitted per lb. of axial assembly force per square inch of taper contact area, prior to the joint slipping. If greater torque-transmitting capability is required, it is possible to increase the length of the tapered joint, increase the nominal diameter of the tapered joint, increase the axial assembly force, or adopt any combination of these changes to affect the required torque transmission.
According to FIG. 3, a clamp set (not shown) may be used both for assembly and disassembly of the members. Particularly, the shaft clamp may be in the form of a member of two parts, which are mounted on ridge 46, or a correspondingly positioned groove on shaft 30. Two other clamps may be mounted on blades 36 of impeller assembly 32. The shaft clamp and blade clamps may be connected with push-pull mechanisms, such as threaded rods or hydraulic cylinders. The exertion of a pulling force will act to expand the sleeve 50 in creating an interference fit between the shaft and impeller. A similar type of mechanism may provide the pulling force in assembly of shaft 30a and impeller assembly 32a of FIG. 4. To this end, a ridge 46 or a correspondingly positioned groove is located on shaft 30a. A reversal of operation, that is, the generation of a pushing force, will release the impeller assembly from the interference fit.
Given the suggestion in STAHELI et al. that another type of fastener can be employed so as to form a liquid tight sealed engagement between impeller 564 and connection tube 542, it would have been obvious to one skilled in the art before the effective filing date of the invention to have provided the fitment between the impeller(s)and connection tube(s) in STAHELI with an interference/friction fit as taught by LERMAN because:
An impeller assembly for mounting on a shaft, and having use in conjunction with a vessel for mixing reactants is known to the prior art. Further, it is known that the impeller assembly and shaft may be mounted together within the vessel and retained in a mounted orientation by an interference/friction fit developing a sufficient measure of force to permit transmission of a driving torque to the impeller assembly.
per col. 1, lines 23-36
and for the desirable purposes of:
Improving the manner of mounting an impeller assembly on a shaft, and the manner of creation of an interference fit for retaining the mounted orientation of the components. Further, the invention is considered to improve upon that prior art teaching in the capability of mounting more than a single impeller assembly on a shaft and retaining the impeller assembly of each tier on the shaft by an interference fit.
Thus, each form of impeller assembly, whether it is mounted on the shaft as a single tier or as one tier of a plurality of tiers of impeller assemblies, is retained on the shaft by an interference fit created between the coated surfaces. The accurate surfacing of these critical tapered areas may be accomplished by any suitable means, such as grinding, honing or lapping. According to the invention, a pulling force exerted on the impeller assembly will result in relative movement between the impeller assembly and shaft to create an interference fit therebetween. The interference fit is capable of transmitting the required torque from the shaft to the impeller assembly without slippage between the mating components. This manner of creating an interference fit is considered to overcome those problems and difficulties attendant to the storage and handling of a cryogenic material, and it permits the creation of an interference fit without the necessity of means of access for the cryogenic material to the interior of the shaft. Further, a pushing force exerted on the impeller assembly will result in a positive release of components from the position at which they were in interference fit.
In one form of the invention, the impeller assembly comprises a unitary construction including a hub, a plurality of blades extending from the hub in a direction along a radius of the axis of the impeller assembly, and a stub shaft extending from the hub in the axial direction. The shaft includes a socket at one end and both the socket and stub shaft are tapered at an angle of taper to form a self-locking interference fit.
In a second form of the invention, one or more impeller assemblies, comprising individual spaced tiers, are mounted on a shaft and pulled into an interference fit. Each impeller assembly in each tier may include one or more hubs, with each hub including a central bore and at least one blade. The shaft will include a region for each tier of impeller assemblies and both the region and bores of the hubs are tapered for reasons previously discussed. In a more specific form of the invention, each hub supports a pair of blades, and all of the blades are disposed in a position so that their tips describe substantially a single circular path. Further, the blades are arranged at equicircumferential attitudes for dynamic stability of the impeller assembly in rotation.
- per the Summary of the Invention section in cols. 2-3.
Claims 21, 22, 25, 26, 27, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over STAHELI et al. (US 2018/0071700 A1) in view of ROSSO et al. (US 7887230 B2).
STAHELI et al. discloses a central hub 566 with a bore hole 572, the bore hole configured to accommodate a drive shaft 362, the central hub configured for a sealed connection to at least one connection tube 542 [0098]; a plate section 194 that extends radially outward from the central hub; and a plurality of mixing blades 206 attached at a perimeter portion of the plate section;
wherein a first side of the central hub 566 extends axially away from the plurality of mixing blades in a first direction, and a second side of the central hub extends away from the plurality of mixing blades in a second direction opposite the first direction - Figure 21;
wherein the first and second sides of the central hub 566 are each configured for assembly to the at least one connection tube 542 via a fitted joining such that the impeller is configured to rotate with the at least one connection tube 542, and wherein the assembly between impeller and connection tube creates an airtight and water-tight seal [0098];
wherein each of the plurality of mixing blades is pitched at an angle (i.e., any angle) to the plate section such that rotation of the blades in a clockwise direction can force a mixture to flow axially in a first direction, and rotation of the blades in a counterclockwise direction can force the mixture to flow axially in a second direction opposite the first direction - Figure 14;
wherein each of the plurality of mixing blades is attached perpendicularly to the plate section such that rotation of the blades in a clockwise or counterclockwise direction forces a mixture to flow radially outward from the blades - Figures 10, 15, 20, and 21;
wherein the bore hole 572 has a hexagonal cross-section [0100];
and wherein the plate section 194 is circular and wherein the bore hole 572 and plate section 194 are concentric.
STAHELI et al. discloses wherein each of the one or more impellers includes a central hub 566 with a bore hole 572 therethrough, the bore hole configured to accommodate a drive shaft 362 but apparently the hub lacks a bore hole therethrough and assuming, arguendo, that STAHELI et al. does not disclose the hexagonal cross-section of the drive shaft and bore hole, the patent to ROSSO et al. discloses a modular mixing impeller including in FIGS. 1-3, a mixer is designated generally at 10 and includes a drive shaft 12 and a plurality of paddles 14 extending radially from the shaft at a lower end 16. As is known in the art, the shaft 12 is engageable with a power tool (not shown), such as a drill. When the power tool is activated, the power tool rotates the shaft 12, and the paddles 14 rotate about a shaft axis "a". As such, it is preferred that the shaft 12 is noncircular, such as hexagonal, square or the like. If a cylindrical shaft is used, modifications may be needed to secure the paddles 14 to the shaft, and to retain the shaft in the tool, as is well known in the art. The paddles 14, which are placed into a container of viscous material (not shown), push the material out of the path of the paddle and cause the material to mix.
In the preferred embodiment, there are four paddles 14 that are spaced at about 90-degree increments 360-degrees around the shaft. Also, each of the four paddles 14 is identical in configuration, however, it is contemplated that a different number of paddles having similar or differing configurations or spacing can be used. Also, the paddles 14 project radially from the shaft 12 at a single point on the shaft, which in the preferred embodiment is at or adjacent to the lower end 16 of the shaft. It is also contemplated that the paddles 14 have generally the same axial distance to the end 16. Other locations on the shaft are also contemplated.
The preferred paddle 14 is generally "T"-shaped with a support arm 18 extending radially from the shaft 12 forming the leg of the "T"-shape, and a blade portion 20 extending generally perpendicularly from the support arm forming the two arms of the "T"-shape. Formed from a generally thin but rigid plate-like member, the blade portion 20 includes a first or leading surface 22, and a second or trailing surface 24 opposite the first surface. The blade portion 20 also includes a top end 38 and a bottom end 40, with the top end 38 curved toward the direction of rotation "r", and the bottom end 40 curved toward the opposite direction.
In the preferred embodiment, the power tool (not shown) that activates the mixer 10 is preferably configured to rotate the paddles in the direction of rotation "r". While the preferred direction of rotation "r" is indicated to be clockwise (as viewed from the top of the shaft 12), it is contemplated that the direction of rotation "r" can also be counterclockwise, however if rotation of the mixer 10 (as depicted in FIG. 1) is reversed from the preferred direction, the paddles 14 will not perform as efficiently. However, whether the preferred direction of rotation is clockwise or counterclockwise, it is preferred that the paddles 14 are configured such that the top end 38 is curved toward the direction of rotation "r", and the bottom end 40 is curved toward the opposite direction for enhanced efficiency. When the power tool activates the mixer 10, the first or leading surface 22 of the blade portion 20 faces the direction of rotation, and the second or trailing surface 24 of the blade portion faces the opposite direction.
In the general "T"-shape, a first bottom edge 26 extends along the radial length "rb" of the blade portion 20. A second bottom edge 28 on the support arm 18 is preferably offset in the axial direction from the first bottom edge 26 of the blade portion 20. The first bottom edge 26 is preferably linear with rounded or radiused corners 29, as well as cornered or rounded peripheral edges.
A length "rb" of the first bottom edge 26 is preferably less than half a radial length "rp" of the paddle 14, and further, is more preferably about a third of the radial length. With the first bottom edge 26 extending only along a portion of the radial length "rp" of the paddle 14, if the mixer 10 were to hit the bottom of the container, it is likely that only the first bottom edge 26 would contact the container given the preferred, generally vertical orientation of the mixer 10 with respect to the container during use. In this configuration, it is contemplated that the amount of "shavings" in the material is significantly reduced from the amount of "shavings" of conventional mixers where the bottom edge extends substantially along the entire radial length of the paddle.
On the other side of the blade portion 20 from the support arm 18 is an outside surface 30. Preferably, the outside surface 30 is non-linear, and in the preferred embodiment, the outside surface includes an extension portion 32 that is radially outwardly curved or convex along a portion of the length "l" of the blade portion 14. Preferably, the extension portion 32 extends along less than the entire length "l" of the blade portion 20, and further, an outermost radial extent 34 of the extension portion 32 extends preferably along less than a quarter of the length of the blade portion.
In contrast to the conventional mixer having a linear outside surface 30, due to the shape of the extension portion 32, the mixer 10 does not jerk or jump out of the hands of the user when the outermost radial extent 34 hits the side of the container during mixing. Instead, due to the shape of the outside surface 30, when contact is made with the side of the container, the mixer 10 is rebounded away from the sides of the container. Thus, the present mixer 10 has a greater capability than the conventional mixer to mix the material near the sides of the container. Further still, when the rounded, outermost radial extent 34 hits the container, it is likely that no portion of the container is "shaved off", eliminating the potential container contaminants in the viscous material. While the preferred embodiment is an outwardly curved extension portion 32 with an outermost radial extent 34 being on the curve, it is contemplated that other configurations in which the outermost radial extent is less than the length "l" of the blade portion 20 can be used.
The first surface 22 and the second surface 24 of the paddles 14 lay substantially in a plane that extends generally radial to the shaft. In this configuration, a majority of the surface area of the paddle 14 (at the first surface 22 and the second surface 24) is used to impart pressure on the viscous material regardless of the direction of rotation. In the preferred embodiment, a generally linear portion 36 of each paddle 14 has a slight pitch "p" (FIG. 2) of about 15-degrees. A preferred range of pitch is about 0 to 30-degrees, although the pitch can be larger or smaller.
Viewed in profile, the blade portion 20 forms a general "S"-shape from the top end 38 to the bottom end 40, with the generally linear portion 36 in between, and between the first surface 22 and the second surface 24. The top end 38 is curved toward the direction of rotation "r", and the bottom end 40 is curved toward the opposite direction. Preferably, the top end 38 is rounded to have a 0.7 inch radius at an inside surface 42, and a 0.9 inch radius at an outside surface 44. The bottom end 40 is preferably rounded to have a 0.5 inch radius at an inside surface 46 and a 0.7 inch radius at an outside surface 48. However, other dimensions of "S"-shaped paddles 14 are contemplated. Further, it is contemplated that the paddle 14 may have only one curved end, or alternately, may have additional curvature along the length "l" of the blade portion 20.
In operation in the direction of rotation, the "S"-shaped paddle 14 draws material from the top of the mix to the bottom by creation of a vortex. The top end 38 pushes the material downward, while the bottom end 40 pushes material upward to fold the material. In this configuration, the mixer 10 generates lift of the mixer itself, which resists the gravitational pull and the tendency of the mixer to rest on the bottom of the mixing container. Since the mixer 10 is less likely to rest on the bottom of the container, this also reduces the likelihood of contamination of the mix with shavings from the bottom of the container.
When the mixer 10 is operated in the opposite direction, and if the configuration of the paddles 14 is not changed, i.e. the bottom end 40 is curved toward the opposite direction and the top end 38 curved away from the opposite direction, then instead of generating lift, the mixer would push downward. For this reason, while the mixer 10 is operable to mix in both the clockwise and counterclockwise directions, it is preferable that the mixer be used in the direction that allows the top end 38 to be the leading end to generate lift.
Since the mixed material flows in a smooth vortex pattern, the material is less likely to spill outside of the container. When the material stays inside of the mixing container, the amount of mess in the workspace is significantly reduced.
It has been found that the combination of the mixer shape and the resulting vortex flow pattern tend to self-correct the alignment of the mixer with respect to the mixing container. Specifically, when the alignment of the shaft 12 of the mixer 10 is anti-parallel with the central axis of the container (generally a cylindrical bucket), the mixer tends to reorient itself to be parallel with the axis of the container during use.
The thickness of the paddle 14 from the first surface 22 to the second surface 24 is about 0.2 inches, however this dimension can be larger or smaller. The radial length "rl" of each paddle 14 is about 4 inches, and the height "h" of each blade portion is about 3.5 inches, however other dimensions are contemplated.
The paddles 14 and the shaft 12 are preferably made of alloy steel, cast materials, or any other material sufficiently rigid and sufficiently resistant to abrasion and corrosion for the application. While other shapes are contemplated, the shaft 12 is preferably hexagonal in cross-section. Preferably, the paddles 14 are assembled to the shaft 12 by welding to a hub 49 or to the shaft itself, however it is contemplated that they can be assembled by hard-soldering or any other technique.
Referring now to FIG. 4, an alternate embodiment of the mixer 10 is generally designated 50. Components shared with the mixer 10 are designated with identical reference numbers. The main difference between the embodiments 50 and 10 is that the mixer 50 has its paddles 54 die cast in pairs, with members of each pair projecting diametrically opposite each other. Each pair of paddles 54 is connected to a central collar 56. The collar 56 has a noncircular bore 58 for receiving the shaft 12, or alternatively a noncircular bushing 60 is spaced between the shaft and the bore 58. Thus, the collar 56 must rotate with the drive shaft 12.
The collar 56 is made in two parts, 56a, 56b, each part associated with a pair of the paddles 54. Also, the collar 56 is configured so that each part 56a, 56b has a complementary nonplanar shape 62 for preventing relative rotation of said parts. In the preferred embodiment, the nonplanar shape 62 is relatively serpentine, and the two parts 56a, 56b mate or nest into each other to form a cylindrically configured collar. The collar parts 56a, 56b are secured to each other by a nut (not shown) located beneath the lower part 56b which threadably engages the end of the shaft 12.
Upon assembly, the paddles 54 are each oriented at 90-degree spacing relative to adjacent paddles. Also, despite a slight axial displacement, the paddles 54 on the two parts 56a, 56b are considered to have generally the same axial distance from the shaft end 16. Also, it is preferred that the collar 56 is crimped at its upper end about the shaft 12 for additional holding power.
Referring now to FIGS. 5-6, another alternate embodiment of the mixer 10, 50 is generally designated 150. Components shared with the mixer 10, 50 are designated with identical reference numbers. The mixer 150 has its paddles 154 preferably die cast in pairs and connected to a central collar 156 with a throughbore 158 (preferably non-circular) for receiving the shaft 12 to rotate the collar with the shaft. The main difference between the embodiments 50 and 150 is in the manner in which the paddles 154 are fastened to the shaft 12.
The collar 156 is made in two collar parts/hubs, 156a, 156b. Each collar part 156a, 156b is preferably associated with a pair of paddles 54 that disposed generally 180-degrees from each other. The collar parts 156a, 156b are stacked on top of each other forming the throughbore 158. The shaft 12 is introduced into the throughbore 158, and may protrude from a bottom surface 160 of the collar 156.
Each collar part 156a, 156b has a pair of apertures 162a, 162b to form the throughbore 158 through the collar parts/hubs. The collar parts 156a, 156b are each secured to the shaft 12, preferably with a spring pin 164a, 164b. The spring pin 164 is introduced into a first aperture 162a, through a hole 166 through the shaft 12, and exits out the second aperture 162b. Alternately, the spring pin 164 can be a solid pin, can be threaded, or can be crimped or secured with a nut for additional holding power.
Preferably, a support arm 118 of each paddle 154 is curved. The support arms 118a of the collar 156a preferably curve downwardly and concavely away from the shaft 12 towards a blade portion 120a, and the support arms 118b of the collar 156b curve upwardly and convexly away from the shaft towards a blade portion 120b (where upward is the axial direction along the shaft away from the paddles 154). In this configuration, the blade portions 120a, 120b generally lay in the same plane despite the collars 156a, 156b being axially spaced on the shaft 12. In addition, the paddles 154 all have generally the same axial distance from the shaft end 16. Also, the collar parts 156a, 156b meet along a generally planar surface 162.
Accordingly, it would have been obvious to one skilled in the art before the effective filing date of the invention to have modified the bore in the hub of STAHELI et al. to be a throughbore of hexagonal shape as taught by ROSSO et al. for the purposes of enabling the hub or hubs to be connected onto the drive shaft that is introduced into the throughbore and to enable the drive shaft to protrude from bottom surface of the hub (col. 6, lines 27-34) and to preclude the need for modifications to secure the impeller to shaft since a hexagonal shaft and through bore are employed, as opposed to a typical cylindrical shaft that would require said modifications for proper securing (col. 3, lines 19-32).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over STAHELI et al. (US 2018/0071700 A1) and ROSSO et al. (US 7887230 B2) as applied to claim 21 above and further in view of LERMAN (US 4628574).
Assuming that modified STAHELI et al. does not disclose the interference friction fit, the patent to LERMAN discloses the interference friction fit as outlined above. Given the suggestion in STAHELI et al. that another type of fastener can be employed so as to form a liquid tight sealed engagement between impeller 564 and connection tube 542, it would have been obvious to one skilled in the art before the effective filing date of the invention to have provided the fitment between the impeller(s)and connection tube(s) in modified STAHELI with an interference/friction fit as taught by LERMAN because:
An impeller assembly for mounting on a shaft, and having use in conjunction with a vessel for mixing reactants is known to the prior art. Further, it is known that the impeller assembly and shaft may be mounted together within the vessel and retained in a mounted orientation by an interference/friction fit developing a sufficient measure of force to permit transmission of a driving torque to the impeller assembly.
per col. 1, lines 23-36
and for the desirable purposes of:
Improving the manner of mounting an impeller assembly on a shaft, and the manner of creation of an interference fit for retaining the mounted orientation of the components. Further, the invention is considered to improve upon that prior art teaching in the capability of mounting more than a single impeller assembly on a shaft and retaining the impeller assembly of each tier on the shaft by an interference fit.
Thus, each form of impeller assembly, whether it is mounted on the shaft as a single tier or as one tier of a plurality of tiers of impeller assemblies, is retained on the shaft by an interference fit created between the coated surfaces. The accurate surfacing of these critical tapered areas may be accomplished by any suitable means, such as grinding, honing or lapping. According to the invention, a pulling force exerted on the impeller assembly will result in relative movement between the impeller assembly and shaft to create an interference fit therebetween. The interference fit is capable of transmitting the required torque from the shaft to the impeller assembly without slippage between the mating components. This manner of creating an interference fit is considered to overcome those problems and difficulties attendant to the storage and handling of a cryogenic material, and it permits the creation of an interference fit without the necessity of means of access for the cryogenic material to the interior of the shaft. Further, a pushing force exerted on the impeller assembly will result in a positive release of components from the position at which they were in interference fit.
In one form of the invention, the impeller assembly comprises a unitary construction including a hub, a plurality of blades extending from the hub in a direction along a radius of the axis of the impeller assembly, and a stub shaft extending from the hub in the axial direction. The shaft includes a socket at one end and both the socket and stub shaft are tapered at an angle of taper to form a self-locking interference fit.
In a second form of the invention, one or more impeller assemblies, comprising individual spaced tiers, are mounted on a shaft and pulled into an interference fit. Each impeller assembly in each tier may include one or more hubs, with each hub including a central bore and at least one blade. The shaft will include a region for each tier of impeller assemblies and both the region and bores of the hubs are tapered for reasons previously discussed. In a more specific form of the invention, each hub supports a pair of blades, and all of the blades are disposed in a position so that their tips describe substantially a single circular path. Further, the blades are arranged at equicircumferential attitudes for dynamic stability of the impeller assembly in rotation.
- per the Summary of the Invention section in cols. 2-3.
Claims 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over STAHELI et al. (US 2018/0071700 A1) and ROSSO et al. (US 7887230 B2) as applied to claim 22 above and further in view of DE 102006021984 (cited in an IDS).
Assuming, arguendo, that STAHELI et al. does not disclose the claimed hosebarb (recited with no defined structure) or the hexagonal cross-section of the drive shaft and bore hole, DE 102006021984 discloses a modular impeller assembly including an impeller 8 with a central hub 14; a connection tube or drive shaft 4/11, 4/13, 21; and a projecting hosebarb on the hub 14 that fits into the connection tube or drive shaft 4/11, 4/13, 21 - Figures 4-6, or a hexagonal arrangement between the male and female parts of the drive shaft and impeller (as outlined below).
More specifically, DE ‘984 discloses the capability to provide differently sized bioreactors that are cost-effective and effective for scaling up. The mixer for variable adaptation to different sizes of the reactor interior of components standardized in size is composed, that the mixer shaft of a plurality of interlocking shaft elements can be assembled and that the individual shaft elements have a female connection part at one end and a male connection part which can be inserted into a female connection part at the opposite end.
The fact that the mixer is composed of components standardized in size, it can be used inexpensively and effectively not only in bioreactors with relatively small reactor interior space but also in bioreactors on an enlarged scale and adapted to the reactor interior. This can be carried out by the use of standardized components with minimum storage costs particularly cost-effective and yet effective.
Depending on the height of the reactor interior used, the mixer used or its mixer shaft is composed of two or more interlocking shaft elements. The fact that the shaft elements are locked into one another, a simple and inexpensive installation without special tools is achieved. The mixer shaft for scaling up with a plurality of mixer elements is providable.
By using multiple mixing elements, the area of the mixing elements can be easily scaled up to a larger scale. Thus, according to a further preferred embodiment of the invention, the mixer consists of a first mixing element, which is arranged on a first end of the mixer shaft facing away from the ceiling part, and at least one further mixing element, which is arranged, for example, between two shaft elements. The arrangement of two mixing elements at a distance from each other on top of each other not only a larger surface of the mixing elements is achieved but also an optimized area distribution with a correspondingly larger or higher reactor interior.
A receiving part is arranged on the ceiling part, to which the mixer can be coupled in the reactor interior and on which the drive can be coupled outwards. For different mixer sizes and for different sized ceiling parts, a receiving part is sufficient, at the inside of the mixer and to the outside of the drive is easily coupled. The shaft element can also be locked to the receiving part.
The male connection part can be positively secured against rotation in the female connector part. This is particularly advantageous when using a rotary mixer or a stirrer. For this purpose, the male connection part on two opposite sides have a flattening, so that rotation is prevented by a corresponding inner shape of the female part. However, the male connection part can also be designed as a hexagon or a hexagon with lateral guides.
The mixer can also be designed as a vibratory mixer displaceable in longitudinal oscillations.
The mixer is composed of a plurality of interlocking elements, the individual elements having at one end a female connection part and at the opposite end a male connection part insertable into a female connection part.
A bioreactor mixer 1 consists essentially of a reactor interior 2 in which a mixer 3 from standardized components 4 is arranged. The bioreactor 1 in the example is designed as a disposable bioreactor and defines the reactor interior 2 with a flexible side wall 5, a flexible floor section 6 and a flexible ceiling part 7. The one from the standardized components 4 composite mixers 3 consists of a mixer element 8, a mixed race 9 and one outside the reactor interior 2 arranged drive 10 , The mix shaft 9 according to the embodiment of 1 consists of a first shaft element 11 that has a locking connection 12 with a second shaft element 13 connected is. The second shaft element 13 is via a locking connection 12 with one on the mixer element 8 arranged coupling part 14 of the mixer element 8 is connected.
At the ceiling part 7 is a recording part 15 arranged, which has a rotatable connection between the drive axle 16 of the drive 10 and the mix shaft 9 manufactures. For this purpose, the connection part 15 in the reactor interior 2 a catch approach 17 on, with the free end of the first shaft element 11 a locking connection 18 forms. Accordingly, on the reactor interior 2 opposite outside 19 a locking connection 20 for connecting the drive axle 16 over the receiving part 15 with the first shaft element 11 intended.
The shaft elements 11, 13 have a female connector at one end 21 and at the opposite end into a female connector 21 insertable male connector 22 on. The connecting parts 21 . 22 two interconnected shaft elements 11, 13 form the locking connection 12.
The mixer 3 in the embodiment of 1 is designed as a rotary mixer, which is the mixer element 8 around the shaft longitudinal axis 23 of the mix shaft 9 rotates.
The bioreactor 1 has one in his reactor interior 2 Sufficient media supply unit 24 also made of standardized components 25 is composable. The media feed unit 24 points to the ceiling part 7 to the reactor interior 2 towards a female connector 26 and to the outside a male connector 27 on. To the female connector 26 is a pipe element 28 with his male connection part 27 connected. The female connection part 26 of the tubular element 28 is then with a corresponding male connector 27 a gassing element 29 connectable. To the outer male connector 27 of the ceiling part 7 is a gas supply line 30 with a corresponding female connector 26 connected.
The bioreactor 1 points in his reactor interior 2 the flexible side wall 5 adjacent two opposing harassment 31 also made of standardized components 32 are composed. The chicane 31 has a first rod element 33 on, with one end to the ceiling part 7 is locked. With this the ceiling part 7 remote from the second end is the first rod member having a first end of a second rod member 34 locked. At the first rod element 33 remote from the second end is the second rod member 34 with a harassment element 35 locked, that the actual harassment area 36 wearing. At the ceiling part 7 is another media connection 37 and at the bottom part 6 is a media connection 38 arranged.
The bioreactor 1' according to 2 points opposite to the bioreactor 1 in 1 a larger reactor interior 2 '. Accordingly, at the mixer shaft 9 ' of the mixer 3 ' an additional mixer element 8' arranged and an additional baffle element 35’.
The bioreactor 1'' according to the embodiment of 3 has a reactor interior 2 '' in which a trained as a vibration mixer 3 '' is arranged. The mixer 3 '' has two mixer elements 8'', 8''' at the mix shaft 9 '. Between the two mixer elements is a second shaft element 13'' arranged the distance between the two mixer elements. Accordingly, the elements 35'' through a rod element 34''' are spaced. A gassing element 29'' is over two pipe elements 28'' on the ceiling part 7'' attached.
Thus, it would have been obvious to one skilled in the art before the effective filing date of the invention to have provided modified STAHELI et al. with a hosebarb connection and a hexagonal cross-section of the drive shaft and bore hole [disclosed by ROSSO et al. as well] as taught by DE ‘984 for the purposes of enabling the male connection part (e.g., the drive shaft) to be positively secured against rotation in the female connector part (the impeller hub/bore hole) and to enable such securing without the need for special tools per the bolded wording above.
Claims 2, 3, 6, 7, 8, 9, 10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over STAHELI et al. (US 2018/0071700 A1) in view of LERMAN (US 4628574) as applied to claim 1 above and further in view of ROSSO et al.
STAHELI et al. discloses the recited subject matter as outlined above and discloses wherein each of the one or more impellers includes a central hub 566 with a bore hole 572 therethrough, the bore hole configured to accommodate a drive shaft 362 but apparently the hub lacks a bore hole therethrough and assuming, arguendo, that STAHELI et al. does not disclose the hexagonal cross-section of the drive shaft and bore hole, the patent to ROSSO et al. discloses the recited throughbore and hexagonal drive shaft and throughbore as outlined above.
Accordingly, it would have been obvious to one skilled in the art before the effective filing date of the invention to have modified the bore in the hub of modified STAHELI et al. to be a throughbore of hexagonal shape as taught by ROSSO et al. for the purposes of enabling the hub or hubs to be connected onto the drive shaft that is introduced into the throughbore and to enable the drive shaft to protrude from bottom surface of the hub (col. 6, lines 27-34) and to preclude the need for modifications to secure the impeller to shaft since a hexagonal shaft and through bore are employed, as opposed to a typical cylindrical shaft that would require said modifications for proper securing (col. 3, lines 19-32).
Claims 4, 5, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over STAHELI et al. (US 2018/0071700 A1) in view of LERMAN (US 4628574) as applied to claims 1 and 2 above and further in view DE 102006021984.
STAHELI et al. does not apparently disclose the claimed hosebarb or the hexagonal cross-section of the drive shaft and bore hole,
DE 102006021984 discloses a modular impeller assembly including an impeller 8 with a central hub 14; a connection tube or drive shaft 4/11, 4/13, 21; and a projecting hosebarb on the hub 14 that fits into the connection tube or drive shaft 4/11, 4/13, 21 - Figures 4-6, or a hexagonal arrangement between the male and female parts of the drive shaft and impeller (as outlined below).
More specifically, DE ‘984 discloses the capability to provide differently sized bioreactors that are cost-effective and effective for scaling up. The mixer for variable adaptation to different sizes of the reactor interior of components standardized in size is composed, that the mixer shaft of a plurality of interlocking shaft elements can be assembled and that the individual shaft elements have a female connection part at one end and a male connection part which can be inserted into a female connection part at the opposite end.
The fact that the mixer is composed of components standardized in size, it can be used inexpensively and effectively not only in bioreactors with relatively small reactor interior space but also in bioreactors on an enlarged scale and adapted to the reactor interior. This can be carried out by the use of standardized components with minimum storage costs particularly cost-effective and yet effective.
Depending on the height of the reactor interior used, the mixer used or its mixer shaft is composed of two or more interlocking shaft elements. The fact that the shaft elements are locked into one another, a simple and inexpensive installation without special tools is achieved. The mixer shaft for scaling up with a plurality of mixer elements is providable.
By using multiple mixing elements, the area of the mixing elements can be easily scaled up to a larger scale. Thus, according to a further preferred embodiment of the invention, the mixer consists of a first mixing element, which is arranged on a first end of the mixer shaft facing away from the ceiling part, and at least one further mixing element, which is arranged, for example, between two shaft elements. The arrangement of two mixing elements at a distance from each other on top of each other not only a larger surface of the mixing elements is achieved but also an optimized area distribution with a correspondingly larger or higher reactor interior.
A receiving part is arranged on the ceiling part, to which the mixer can be coupled in the reactor interior and on which the drive can be coupled outwards. For different mixer sizes and for different sized ceiling parts, a receiving part is sufficient, at the inside of the mixer and to the outside of the drive is easily coupled. The shaft element can also be locked to the receiving part.
The male connection part can be positively secured against rotation in the female connector part. This is particularly advantageous when using a rotary mixer or a stirrer. For this purpose, the male connection part on two opposite sides have a flattening, so that rotation is prevented by a corresponding inner shape of the female part. However, the male connection part can also be designed as a hexagon or a hexagon with lateral guides.
The mixer can also be designed as a vibratory mixer displaceable in longitudinal oscillations.
The mixer is composed of a plurality of interlocking elements, the individual elements having at one end a female connection part and at the opposite end a male connection part insertable into a female connection part.
A bioreactor mixer 1 consists essentially of a reactor interior 2 in which a mixer 3 from standardized components 4 is arranged. The bioreactor 1 in the example is designed as a disposable bioreactor and defines the reactor interior 2 with a flexible side wall 5 , a flexible floor section 6 and a flexible ceiling part 7. The one from the standardized components 4 composite mixers 3 consists of a mixer element 8, a mixed race 9 and one outside the reactor interior 2 arranged drive 10 , The mix shaft 9 according to the embodiment of 1 consists of a first shaft element 11 that has a locking connection 12 with a second shaft element 13 connected is. The second shaft element 13 is via a locking connection 12 with one on the mixer element 8 arranged coupling part 14 of the mixer element 8 is connected.
At the ceiling part 7 is a recording part 15 arranged, which has a rotatable connection between the drive axle 16 of the drive 10 and the mix shaft 9 manufactures. For this purpose, the connection part 15 in the reactor interior 2 a catch approach 17 on, with the free end of the first shaft element 11 a locking connection 18 forms. Accordingly, on the reactor interior 2 opposite outside 19 a locking connection 20 for connecting the drive axle 16 over the receiving part 15 with the first shaft element 11 intended.
The shaft elements 11, 13 have a female connector at one end 21 and at the opposite end into a female connector 21 insertable male connector 22 on. The connecting parts 21 . 22 two interconnected shaft elements 11, 13 form the locking connection 12.
The mixer 3 in the embodiment of 1 is designed as a rotary mixer, which is the mixer element 8 around the shaft longitudinal axis 23 of the mix shaft 9 rotates.
The bioreactor 1 has one in his reactor interior 2 Sufficient media supply unit 24 also made of standardized components 25 is composable. The media feed unit 24 points to the ceiling part 7 to the reactor interior 2 towards a female connector 26 and to the outside a male connector 27 on. To the female connector 26 is a pipe element 28 with his male connection part 27 connected. The female connection part 26 of the tubular element 28 is then with a corresponding male connector 27 a gassing element 29 connectable. To the outer male connector 27 of the ceiling part 7 is a gas supply line 30 with a corresponding female connector 26 connected.
The bioreactor 1 points in his reactor interior 2 the flexible side wall 5 adjacent two opposing harassment 31 also made of standardized components 32 are composed. The chicane 31 has a first rod element 33 on, with one end to the ceiling part 7 is locked. With this the ceiling part 7 remote from the second end is the first rod member having a first end of a second rod member 34 locked. At the first rod element 33 remote from the second end is the second rod member 34 with a harassment element 35 locked, that the actual harassment area 36 wearing. At the ceiling part 7 is another media connection 37 and at the bottom part 6 is a media connection 38 arranged.
The bioreactor 1' according to 2 points opposite to the bioreactor 1 in 1 a larger reactor interior 2 '. Accordingly, at the mixer shaft 9 ' of the mixer 3 ' an additional mixer element 8' arranged and an additional baffle element 35’.
The bioreactor 1'' according to the embodiment of 3 has a reactor interior 2 '' in which a trained as a vibration mixer 3 '' is arranged. The mixer 3 '' has two mixer elements 8'', 8''' at the mix shaft 9 '. Between the two mixer elements is a second shaft element 13'' arranged the distance between the two mixer elements. Accordingly, the elements 35'' through a rod element 34''' are spaced. A gassing element 29'' is over two pipe elements 28'' on the ceiling part 7'' attached.
Thus, it would have been obvious to one skilled in the art before the effective filing date of the invention to have provided modified STAHELI et al. with a hosebarb connection and a hexagonal cross-section of the drive shaft and bore hole as taught by DE ‘984 for the purposes of enabling the male connection part (e.g., the drive shaft) to be positively secured against rotation in the female connector part (the impeller hub/bore hole) and to enable such securing without the need for special tools per the bolded wording above.
Claims 17-19 are rejected under 35 U.S.C. § 103 as being unpatentable over STAHELI et al. (US 2018/0071700 A1) in view of LERMAN (US 4628574)
Modified STAHELI et al. does not disclose the materials of the connection tubes. However, it would have been obvious to one having ordinary skill in the art, at the time applicant's invention was made, to have formed the connection tubes in STAHELI et al. et al. from a flexible plastic material and/or a transparent material since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416; Sinclair & Carroll Co., Inc. v. Interchemical Corp., 65 USPQ 297 (1945).
Furthermore, in view of the fact that the use of the recited materials vis-`a-vis any other common construction material solves no stated problem insofar as the record is concerned and the conclusion of obviousness can be made from the common knowledge and common sense of one of ordinary skill in the art (In re Bozek, 416 F.2d 1385, 163 USPQ 545 (CCPA 1969)), it would have been obvious to one of ordinary skill in the art to have formed any of the components of the prior art impeller assemblies from a well-known construction material such as plastic and/or transparent material. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
It is observed that artisans must be presumed to know something about the art apart from what the references disclose (see In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962)). Moreover, skill is presumed on the part of those practicing in the art. See In re Sovish, 769 F.2d 738, 226 USPQ 771 (Fed. Cir. 1985). Therefore, it is concluded that the selection of a well-known material in the art such as plastic and/or transparent material would have been obvious to one of ordinary skill in this art, if for no other reason than to achieve the advantage of using a more modern material or a lower cost or more easily fabricated material.
This exemplifies the Supreme Court's analysis in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 [82 USPQ2d 1385] (2007). “When a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one. If a person of ordinary skill can implement a predictable variation, §103 likely bars its patentability. For the same reason, if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill.” Id. at 417. As further emphasis on the substitution of one material for another, there is the venerable case of Hotchkiss v. Greenwood, 52 U.S. (11 How.) 248 (1851), cited approvingly in KSR Int'l Co. v. Teleflex Inc., supra, 550 U.S. at 406, 415, which denied patentability to an invention consisting of the substitution of a clay or porcelain knob for a metallic or wood knob in a doorknob (the doorknob itself, as distinct from the knob on the end of it, being an assemblage of knob, shank, and spindle). Other substitution cases in which patentability was denied on grounds of obviousness include Stratoflex, Inc. v. Aeroquip Corp., 713 F.2d 1530, 1535–38 [218 USPQ 871] (Fed. Cir. 1983); Brunswick Corp. v. Champion Spark Plug Co., 689 F.2d 740, 749-50 [216 USPQ 1] (7th Cir. 1982), and Lyle/Carlstrom Associates, Inc. v. Manhattan Store Interiors, Inc., 635 F.Supp. 1371, 1381-83 [230 USPQ 278] (E.D.N.Y. 1986), aff'd, 824 F.2d 977 (Fed. Cir. 1987).
Among the inventions that the law deems obvious are those modest, routine, everyday, incremental improvements of an existing product or process that confer commercial value (otherwise they would not be undertaken) but do not involve sufficient inventiveness to merit patent protection. This class of inventions is well illustrated by efforts at routine experimentation with different standard grades of a material used in a product—standard in the sense that their properties, composition, and method of creation are well known, making successful results of the experimentation predictable. Ritchie v. Vast Resources Inc., 90 USPQ2d 1668 (Fed. Cir. 2009). Accordingly, it is well settled that a predictable substitution of one material for another is well within the grasp of 35 U.S.C 103(a) and common sense. A rejection to overcome an obviousness rejection will not be withdrawn when the allegedly missing teaching of the rejection would have been understood by a PHOSITA—by way of common sense, common knowledge generally, or common knowledge in the relevant art. Randall Mfg. v. Rea, supra. Choosing an appropriate material for a specific application or structural member can unquestionably be determined by a PHOSITA by innate common sense, the common knowledge generally, or the common knowledge in the relevant art.
Claims 1, 11-16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over LARSEN et al. (US 2016/0193576 A1) in view of LERMAN.
LARSEN et al. discloses in the Figures a modular mixing impeller assembly comprising one or more connection tubes 165A - 165D; one or more impellers 176A - 176C configured for assembly to the one or more connection tubes - Figure 9, each of the one or more impellers having a plurality of mixing blades 68, wherein each of the one or more impellers is assembled onto at least one connection tube via a fitted joining such that each of the one or more impellers is configured to rotate with the at least one connection tube to which that impeller is assembled, and wherein the assembly between impeller and connection tube creates an airtight and water-tight seal [0040], [0044], [0068]: whereby a pull tie, clamp, crimp or other fastener can then be used to further secure stem 60 to tubular connect 42 so that a liquid tight seal is formed therebetween. Other conventional connecting techniques can also be used and returning to FIG. 5, impeller 64 can be attached to connector 42 by inserting first end 70 of hub 66 within connector 42 at second end 46. A pull tie, clamp, crimp, or other type of fastener can then be cinched around second end 46 of connector 42 so as to form a liquid tight sealed engagement between impeller 64 and connector 42;
wherein each of the one or more impellers includes a central hub 66 with a bore hole 72 therethrough, the bore hole configured to accommodate a drive shaft 362;
wherein a first side of the central hub 66 extends axially away from the plurality of mixing blades 68 in a first direction, and a second side of the central hub 66 extends away from the plurality of mixing blades 68 in a second direction opposite the first direction - Figure 5;
wherein the first side of the central hub 66 includes a hosebarb (upper projection 70) and wherein the second side of the central hub 66 includes a hosebarb (lower projection 150);
wherein each pair of adjacent impellers is connected via a separate connection tube - Figures 9 and 12;
wherein a length of the one or more connection tubes 165A - 165D is variable such that a number of impellers used, for a given application, can be increased or decreased by varying the length of the one or more connection tubes - Figures 9 and 12;
wherein the one or more impellers is a plurality of impellers 176A - 176C arranged in a series configuration, with each impeller disposed in axial spaced relation to an adjacent mixing blade - Figures 9 and 12;
wherein a length of the sealed tube 165A - 165D is variable such that the modular mixing impeller assembly can be configured to include a variable number of impellers 176A- 176C - Figures 9 and 12;
a drive shaft 362 inserted through the one or more connection tubes and through a bore hole 72 of each of the one or more impellers, the drive shaft 362 configured for connection to an external motor 300 that rotates the drive shaft 362;
wherein the drive shaft has a hexagonal cross-section that corresponds to a hexagonal cross-section for each bore hole 72 of the one or more impellers such that rotation of the drive shaft rotates each of the one or more impellers, and each of the one or more connection tubes.
a plurality of impellers 176A - 176C arranged in a series configuration, each in axial spaced relation to an adjacent impeller, wherein each adjacent pair of impellers is connected via a separate connection tube - Figures 9 and 12.
Assuming that LARSEN et al. does not disclose the interference friction fit, the patent to LERMAN is relied upon as outlined above
Given the suggestion in LARSEN et al. that another type of fastener can be employed so as to form a liquid tight sealed engagement between the impeller and the connection tube, it would have been obvious to one skilled in the art before the effective filing date of the invention to have provided the fitment between the impeller(s)and connection tube(s) in LARSEN et al. with an interference/friction fit as taught by LERMAN because:
An impeller assembly for mounting on a shaft, and having use in conjunction with a vessel for mixing reactants is known to the prior art. Further, it is known that the impeller assembly and shaft may be mounted together within the vessel and retained in a mounted orientation by an interference/friction fit developing a sufficient measure of force to permit transmission of a driving torque to the impeller assembly.
per col. 1, lines 23-36
and for the desirable purposes of:
Improving the manner of mounting an impeller assembly on a shaft, and the manner of creation of an interference fit for retaining the mounted orientation of the components. Further, the invention is considered to improve upon that prior art teaching in the capability of mounting more than a single impeller assembly on a shaft and retaining the impeller assembly of each tier on the shaft by an interference fit.
Thus, each form of impeller assembly, whether it is mounted on the shaft as a single tier or as one tier of a plurality of tiers of impeller assemblies, is retained on the shaft by an interference fit created between the coated surfaces. The accurate surfacing of these critical tapered areas may be accomplished by any suitable means, such as grinding, honing or lapping. According to the invention, a pulling force exerted on the impeller assembly will result in relative movement between the impeller assembly and shaft to create an interference fit therebetween. The interference fit is capable of transmitting the required torque from the shaft to the impeller assembly without slippage between the mating components. This manner of creating an interference fit is considered to overcome those problems and difficulties attendant to the storage and handling of a cryogenic material, and it permits the creation of an interference fit without the necessity of means of access for the cryogenic material to the interior of the shaft. Further, a pushing force exerted on the impeller assembly will result in a positive release of components from the position at which they were in interference fit.
In one form of the invention, the impeller assembly comprises a unitary construction including a hub, a plurality of blades extending from the hub in a direction along a radius of the axis of the impeller assembly, and a stub shaft extending from the hub in the axial direction. The shaft includes a socket at one end and both the socket and stub shaft are tapered at an angle of taper to form a self-locking interference fit.
In a second form of the invention, one or more impeller assemblies, comprising individual spaced tiers, are mounted on a shaft and pulled into an interference fit. Each impeller assembly in each tier may include one or more hubs, with each hub including a central bore and at least one blade. The shaft will include a region for each tier of impeller assemblies and both the region and bores of the hubs are tapered for reasons previously discussed. In a more specific form of the invention, each hub supports a pair of blades, and all of the blades are disposed in a position so that their tips describe substantially a single circular path. Further, the blades are arranged at equicircumferential attitudes for dynamic stability of the impeller assembly in rotation.
- per the Summary of the Invention section in cols. 2-3.
Claims 2-5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over LARSEN et al. (US 2016/0193576 A1) in view of LERMAN as applied to claim 1 above and further in view of ROSSO et al.
LARSEN et al. discloses the recited subject matter as outlined above and discloses wherein each of the one or more impellers includes a central hub 66 with a bore hole 72, the bore hole configured to accommodate a drive shaft 362 but apparently the hub lacks a bore hole therethrough and assuming, arguendo, that STAHELI et al. does not disclose the hexagonal cross-section of the drive shaft and bore hole, the patent to ROSSO et al. discloses the recited throughbore and hexagonal drive shaft and throughbore as outlined above.
Accordingly, it would have been obvious to one skilled in the art before the effective filing date of the invention to have modified the bore in the hub of modified LARSEN et al. to be a throughbore of hexagonal shape as taught by ROSSO et al. for the purposes of enabling the hub or hubs to be connected onto the drive shaft that is introduced into the throughbore and to enable the drive shaft to protrude from bottom surface of the hub (col. 6, lines 27-34) and to preclude the need for modifications to secure the impeller to shaft since a hexagonal shaft and through bore are employed, as opposed to a typical cylindrical shaft that would require said modifications for proper securing (col. 3, lines 19-32).
Claims 4, 5, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over LARSEN et al. (US 2016/0193576 A1) in view of LERMAN as applied to claims 1 and 3 and further in view of DE 102006021984.
LARSEN et al. does not apparently disclose the claimed hosebarb or the hexagonal cross-section of the drive shaft and bore hole.
DE 102006021984 discloses a modular impeller assembly including an impeller 8 with a central hub 14; a connection tube or drive shaft 4/11, 4/13, 21; and a projecting hosebarb on the hub 14 that fits into the connection tube or drive shaft 4/11, 4/13, 21 - Figures 4-6, or a hexagonal arrangement between the male and female parts of the drive shaft and impeller (as outlined below).
More specifically, DE ‘984 discloses the capability to provide differently sized bioreactors that are cost-effective and effective for scaling up. The mixer for variable adaptation to different sizes of the reactor interior of components standardized in size is composed, that the mixer shaft of a plurality of interlocking shaft elements can be assembled and that the individual shaft elements have a female connection part at one end and a male connection part which can be inserted into a female connection part at the opposite end.
The fact that the mixer is composed of components standardized in size, it can be used inexpensively and effectively not only in bioreactors with relatively small reactor interior space but also in bioreactors on an enlarged scale and adapted to the reactor interior. This can be carried out by the use of standardized components with minimum storage costs particularly cost-effective and yet effective.
Depending on the height of the reactor interior used, the mixer used or its mixer shaft is composed of two or more interlocking shaft elements. The fact that the shaft elements are locked into one another, a simple and inexpensive installation without special tools is achieved. The mixer shaft for scaling up with a plurality of mixer elements is providable.
By using multiple mixing elements, the area of the mixing elements can be easily scaled up to a larger scale. Thus, according to a further preferred embodiment of the invention, the mixer consists of a first mixing element, which is arranged on a first end of the mixer shaft facing away from the ceiling part, and at least one further mixing element, which is arranged, for example, between two shaft elements. The arrangement of two mixing elements at a distance from each other on top of each other not only a larger surface of the mixing elements is achieved but also an optimized area distribution with a correspondingly larger or higher reactor interior.
A receiving part is arranged on the ceiling part, to which the mixer can be coupled in the reactor interior and on which the drive can be coupled outwards. For different mixer sizes and for different sized ceiling parts, a receiving part is sufficient, at the inside of the mixer and to the outside of the drive is easily coupled. The shaft element can also be locked to the receiving part.
The male connection part can be positively secured against rotation in the female connector part. This is particularly advantageous when using a rotary mixer or a stirrer. For this purpose, the male connection part on two opposite sides have a flattening, so that rotation is prevented by a corresponding inner shape of the female part. However, the male connection part can also be designed as a hexagon or a hexagon with lateral guides.
The mixer can also be designed as a vibratory mixer displaceable in longitudinal oscillations.
The mixer is composed of a plurality of interlocking elements, the individual elements having at one end a female connection part and at the opposite end a male connection part insertable into a female connection part.
A bioreactor mixer 1 consists essentially of a reactor interior 2 in which a mixer 3 from standardized components 4 is arranged. The bioreactor 1 in the example is designed as a disposable bioreactor and defines the reactor interior 2 with a flexible side wall 5 , a flexible floor section 6 and a flexible ceiling part 7. The one from the standardized components 4 composite mixers 3 consists of a mixer element 8, a mixed race 9 and one outside the reactor interior 2 arranged drive 10 , The mix shaft 9 according to the embodiment of 1 consists of a first shaft element 11 that has a locking connection 12 with a second shaft element 13 connected is. The second shaft element 13 is via a locking connection 12 with one on the mixer element 8 arranged coupling part 14 of the mixer element 8 is connected.
At the ceiling part 7 is a recording part 15 arranged, which has a rotatable connection between the drive axle 16 of the drive 10 and the mix shaft 9 manufactures. For this purpose, the connection part 15 in the reactor interior 2 a catch approach 17 on, with the free end of the first shaft element 11 a locking connection 18 forms. Accordingly, on the reactor interior 2 opposite outside 19 a locking connection 20 for connecting the drive axle 16 over the receiving part 15 with the first shaft element 11 intended.
The shaft elements 11, 13 have a female connector at one end 21 and at the opposite end into a female connector 21 insertable male connector 22 on. The connecting parts 21 . 22 two interconnected shaft elements 11, 13 form the locking connection 12.
The mixer 3 in the embodiment of 1 is designed as a rotary mixer, which is the mixer element 8 around the shaft longitudinal axis 23 of the mix shaft 9 rotates.
The bioreactor 1 has one in his reactor interior 2 Sufficient media supply unit 24 also made of standardized components 25 is composable. The media feed unit 24 points to the ceiling part 7 to the reactor interior 2 towards a female connector 26 and to the outside a male connector 27 on. To the female connector 26 is a pipe element 28 with his male connection part 27 connected. The female connection part 26 of the tubular element 28 is then with a corresponding male connector 27 a gassing element 29 connectable. To the outer male connector 27 of the ceiling part 7 is a gas supply line 30 with a corresponding female connector 26 connected.
The bioreactor 1 points in his reactor interior 2 the flexible side wall 5 adjacent two opposing harassment 31 also made of standardized components 32 are composed. The chicane 31 has a first rod element 33 on, with one end to the ceiling part 7 is locked. With this the ceiling part 7 remote from the second end is the first rod member having a first end of a second rod member 34 locked. At the first rod element 33 remote from the second end is the second rod member 34 with a harassment element 35 locked, that the actual harassment area 36 wearing. At the ceiling part 7 is another media connection 37 and at the bottom part 6 is a media connection 38 arranged.
The bioreactor 1' according to 2 points opposite to the bioreactor 1 in 1 a larger reactor interior 2 '. Accordingly, at the mixer shaft 9 ' of the mixer 3 ' an additional mixer element 8' arranged and an additional baffle element 35’.
The bioreactor 1'' according to the embodiment of 3 has a reactor interior 2 '' in which a trained as a vibration mixer 3 '' is arranged. The mixer 3 '' has two mixer elements 8'', 8''' at the mix shaft 9 '. Between the two mixer elements is a second shaft element 13'' arranged the distance between the two mixer elements. Accordingly, the elements 35'' through a rod element 34''' are spaced. A gassing element 29'' is over two pipe elements 28'' on the ceiling part 7'' attached.
Thus, it would have been obvious to one skilled in the art before the effective filing date of the invention to have provided modified LARSEN et al. with a hosebarb connection and a hexagonal cross-section of the drive shaft and bore hole [disclosed by ROSSO et al. as well] as taught by DE ‘984 for the purposes of enabling the male connection part (e.g., the drive shaft) to be positively secured against rotation in the female connector part (the impeller hub/bore hole) and to enable such securing without the need for special tools per the bolded wording above.
Claims 17-19 are rejected under 35 U.S.C. § 103 as being unpatentable over LARSEN et al. (US 2016/0193576 A1) in view of LERMAN.
LARSEN et al. do not disclose the recited materials of the connection tubes. However, it would have been obvious to one having ordinary skill in the art, at the time applicant's invention was made, to have formed the connection tubes in LARSEN et al. from a flexible plastic material and/or a transparent material for the same reasons outlined in section (21) above.
Conclusion
The remarks filed 26 JAN 2026 are moot in view of the new grounds of rejection.
Following the mandate of the Supreme Court to understand the prior art— including combinations of the prior art—in a flexible manner that credits the common sense and common knowledge of a PHOSITA, the Federal Circuit has made it clear that a narrow or rigid reading of prior art that does not recognize reasonable inferences that a PHOSITA would have drawn is inappropriate. Any argument that the prior art lacks a specific teaching will not be sufficient to overcome an obviousness rejection when the allegedly missing teaching would have been understood by a PHOSITA—by way of common sense, common knowledge generally, or common knowledge in the relevant art. In this instance, the mundane features argued by Applicant that are allegedly missing from STAHELI et al. or LARSEN et al. (such as the enchanted friction fit, hosebarb, throughbore, drive shaft and throughbore of hexagonal shape, etc.) are rather ordinary and thus common knowledge in the relevant mixing art as evidenced by the applied prior art above and said prior art generously provides ample motivation for incorporating such desirable features into the mixers of STAHELI et al. or LARSEN et al.
Contrary to the myopic remarks, the subject matter of claim 13 is clearly suggested by Figures 22, 23, 28, and 29 of STAHELI et al. that depicts and suggests a plurality of impellers arranged in a series configuration, with each impeller disposed in axial spaced relation to an adjacent mixing blade along the drive shaft or tube per Figures 22, 23, 28, and 29 of STAHELI et al. and notoriously well known the mixing art. Therefore, to employ any of the impeller embodiments in STAHELI et al. and dispose a plurality of such impellers along the connection tube or drive shaft is well within the realm of obviousness, if not blatant common sense. Moreover, it would take this examiner just a few moments to uncover a myriad of documents depicting impellers serially spaced along the axial extent of a drive shaft. Ugh. As evidence of this, see the prior art showing as such that was easily located in under four minutes and cited with this office action. Nevertheless, even if STAHELI et al. is somehow deficient in this regard, the LARSEN et al. mixing device clearly depicts the subject matter of claim 13 in Figures 9, 12, and 16 thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COOLEY whose telephone number is (571) 272-1139. The examiner can normally be reached M-F 9:30 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLAIRE X. WANG can be reached at 571-272-1700. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES COOLEY/
Examiner, Art Unit 1774
DATED: 15 MAY 2026
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