Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 8, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Song (CN 102160983 A) in view of Hess (US PG Pub 2006/0021916).
With respect to claim 1, Song teaches a micro-bubble reaction device (flotation cell) comprising a reaction cylinder 1 (abstract, 0014, Fig. 1-3, a hollow cylindrical body comprising an upper opening, a lower opening and a plurality of conduits distributed on an outer surface of the cylindrical body); inlet 11, vent 12, slag outlet with discharging valve 13, lower cover 18, Fig. 1 illustrates an upper lid (0014-0021, an upper lid and a lower lid attached to the cylindrical body to cover the upper opening and the lower opening, respectively, of the cylindrical body, wherein each lid comprises a conduit); the cylinder is provided with a heater, coil, or heat jacket (0008, 0020, Fig. 1, a band heater located on the outer surface of the cylindrical body, surrounding the cylindrical body; Fig. 1 illustrates a support structure comprising a plurality of bars for supporting the cylindrical body and the upper and lower lids. While Song is silent as to a control unit attached to the support structure, the use of controllers is known in the art as shown by Hess, Hess teaches a similar apparatus including an upright flotation vessel 4 with a circular cross section, a least one opening 7, outlet, 8 gassing element 10 producing bubbles 1 (0038-0045, Fig. 1, 2, 4, 5), and controller 19 which controls a valve to control foam quality (Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Song’s taught apparatus to incorporate a control unit as taught by Hess as controllers/control units are known in the art for controlling bubble generators/flotation devices as shown by Hess, in order to control foam quality and the courts have held that combining prior art elements according to known methods to yield predictable results would have been obvious to a person of ordinary skill in the art before the filing date, see MPEP §2143.
With respect to claim 2, the flotation cell of claim 1 is taught above. Song teaches multiple conduits in the body of the vessel (Fig. 1, 3), while Song illustrates multiple conduits above a middle portion of the body, there appears to be one conduit into the vessel, and inlets and outlets for the heating coil, or heat jacket (0008, 0020, Fig. 1) and does not appear to explicitly teach wherein the plurality of conduits of the body is located above a middle part of the body, however, the use of multiple conduits/inlets/outlets is known in the art as shown by Hess, Hess teaches least one inlet opening 7, outlet 8, the inlet opening positioned below the head level (0030, plurality of conduits of the body located above a middle part of the body, Fig. 1, 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Song’s taught apparatus to include a plurality of conduits of the body located above a middle part of the body, as the recited configuration in known in the art as shown by Hess and the courts have held that combining prior art elements according to known methods to yield predictable results would have been obvious to a person of ordinary skill in the art before the filing date, see MPEP §2143.
With respect to claim 3, the flotation cell of claim 1, is taught above. Song teaches multiple conduits in the body of the vessel (Fig. 1, 3), while Song illustrates multiple conduits and inlets and outlets for the heating coil, or heat jacket (0008, 0020, Fig. 1) but does not appear to explicitly teach four conduits located at a same height of the cylindrical body and spaced 90° apart from each other in relation to a central longitudinal axis of the cylindrical body. Hess teaches least one inlet openings 7, outlets 8, (0030, 0043-0046, Fig. 1, 4), opening 7 as at least one distribution opening, the plurality of distribution openings 7 serve to distribute a suspension evenly across the cross section (0039-0040), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide four conduits located at a same height of the cylindrical body and spaced 90° apart from each other in relation to a central longitudinal axis of the cylindrical body in order to evenly distribute the suspension in the cross section, as Hess teaches opening 7 as at least one distribution opening, the plurality of distribution openings 7 serve to distribute a suspension evenly across the cross section (0039-0040).
With respect to claim 4, the flotation cell of claim 1 is taught above. The combination of Song and Hess teaches a plurality of conduits wherein four conduits, located at a first height of the cylindrical body are spaced 90°, Hess further teaches at least two conduits at a second height of the cylindrical body (Fig. 4). As discussed above with respect to claim 3, Hess teaches least one inlet opening 7, outlets 8, (0030, 0043-0046, Fig. 1, 4). Hess teaches opening 7 as at least one distribution opening, the plurality of distribution openings 7 serve to distribute a suspension evenly across the cross section (0039-0040), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide four conduits to similarly provide even exposure to the interior of the vessel, additionally, duplication of parts is obvious to one of ordinary skill, see MPEP 2144.04 VI. B.
With respect to claim 5, the flotation cell of claim 1, is taught above. Song teaches vent 12 which may be used for detection of parameters including pH, phase concentration, temperature, or other parameters (0015, an additional conduit for placing measuring instruments). While Song teaches the vent/conduit in the lid, not the body, absent evidence of criticality, the location of the opening for the prove would be a matter of engineering design choice obvious to one of ordinary skill in the art before the effective filing date of the claimed invention such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the conduit for measuring instruments in the body depending on space constraints and accessibility.
With respect to claim 8, the flotation cell of claim 1, is taught above. Song teaches porous plate 14, where different patterns of plate may be used (0015-0017, Fig. 1-3, the cylindrical body comprises, in a lower part thereof, interchangeable porous plates that are supported by the lower lid).
With respect to claim 9, the flotation cell of claim 1, is taught above. Song teaches heating coil/jacket 4/5 (Fig. 1, wherein the band heater is located below the middle part of the cylindrical body).
Claims 5-7, 10, are rejected under 35 U.S.C. 103 as being unpatentable over Song (CN 102160983 A) in view of Hess (US PG Pub 2006/0021916), in view of Moys (US 4,804,460).
With respect to claims 5 and 6 the flotation cell according to claim 5 is taught above. The taught combination teaches the additional conduit, and sensing of temperature as discussed above, but does not teach an elongated body for placing a temperature sensor. However, the use of elongated temperature sensor is known in the art as shown by Moys, Moys teaches column flotation (abstract), where temperatures are measured at a number of points by inserting a temperature probe, the probe is preferably an elongated probe having multiple temperature sensing elements and can be positioned in the cross-section of the cell at any location (C6/L55-C7/L28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the an elongated body temperature sensor in the body, as the use of elongated body temperature sensors, at various locations in a flotation column are known in the art as shown by Moys, and as according to Moys temperatures should be measured at points that include at least one point in the top of the froth layer, at least one point at the interface and at least one point in the collection zone.
With respect to claim 7, the flotation cell of claim 1, is taught above. Song teaches vent 12 which may be used for detection of parameters including pH, phase concentration, temperature, or other parameters (0015 a temperature sensor), as discussed above with respect to claims 5 and 6, while the taught combination does not explicitly teach an adapter, absent clarification of what is required by an adapter, the use of probes or sensors typically require at least the use of a seal or adapter, to form the connection with the vessel, such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an adapter or seal to provide a water and air tight connection to the vessel.
With respect to claim 10 the flotation cell of claim 1 is taught above. The taught combination teaches a controller as discussed above, Song teaches the measurement of parameters, Hess teaches a controller, while each is silent as to a control panel, the use of a panel would have been obvious choice to one of ordinary skill in the art before the effective filing date of the claimed invention to at least display the status of the detected parameters and valves, and as shown my Moys (C8/L25-45) and as according to Moys temperature profiles may be graphically displayed and compared with a target profile to provide corrective action by adjusting a control valve.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sherrell (US 20230271196) flotation unit, multiple levels of inlets/outlets
Phillips (US 20210300789) support structure
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/JEANNIE MCDERMOTT/Examiner, Art Unit 1777 /VICKIE Y KIM/Supervisory Patent Examiner, Art Unit 1777