DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 33-37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2-2-26.
Applicant’s election without traverse of claims 1-32 and 38-48 in the reply filed on 2-2-26 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-8, 11, and 29-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7-8 recites “the combined flow passageway vents” however claim 5 defines “one or more combined flow passageway vents” encompassing embodiments of one vent. It is unclear which of the at least one combined flow passageway vents are “the combined flow passageway vents” and if multiple vents are required by the limitations of claims 7-8.
Claim 11 recites “the combined flow passageway vents” however claim 11 defines “one or more combined flow passageway vents” encompassing embodiments of one vent. It is unclear which of the at least one combined flow passageway vents are “the combined flow passageway vents” and if multiple vents are required by the limitations of claim 11.
Claim 29 recites “central nozzle insert” and “lower nozzle insert”, however claim 29 depends from claim 26, which defines “a central insert” and “a lower insert”. The specification does not defined any structures as “nozzle inserts” and it is not clear what the distinction is between the multiple inserts being recited in claim 29. According to claim 29 there are multiple central channels and lower cannels. The examiner cannot find any examples in the specification or drawings that reflect this arrangement. As are result the structural requirements of claim 29 are unclear.
Claim 30 is rejected as being dependent on an indefinite claim.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-15 and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKenna WO 2020/254002 (WO’002) (cited in IDS filed 11-20-23).
Regarding claim 1, a flow mixer comprising:
a. a first flow passageway (nozzle inlet 24 for a first flow passageway 8 for a mix of air and abrasive medial, see fig. 4-6, page 4-5);
b. a second flow passageway which intersects with the first flow passageway at an intersection (a second flow passageway 12 for a main flow of air supply, see fig. 4-6 and pages 4-5);
c. a combined flow passageway in fluid communication with the first flow passageway and the second flow passageway at the intersection (outlet nozzle 10 meets a mixing section where flow from passage ways 8 and 12 converge, see fig. 4-6 and pages 4-5); and
d. one or more second flow passageway vents in direct fluid communication with the second flow passageway (vent 28 relieve excess pressure build up, page 9, the placement of the vent, shown in fig. 5 and 6 shows it overlapping with flow passageway 12, the second flow passageway of WO’002, and the mixing section).
Regarding claim 2, WO’002 teaches the flow mixer of claim 1. WO’002 further teaches wherein the one or more second flow passageway vents are disposed adjacent to the intersection (the placement of the vent, shown in fig. 5 and 6 shows it overlapping with flow passageway 12, the second flow passageway of WO’002, and the mixing section).
Regarding claim 3, WO’002 teaches the flow mixer of claim 1. WO’002 further teaches wherein the one or more second flow passageway vents extend in an upstream direction (the placement of the vent, shown in fig. 5 and 6 shows it overlapping with flow passageway 12, the second flow passageway of WO’002, and the mixing section).
Regarding claim 4, WO’002 teaches the flow mixer of claim 1. WO’002 further teaches wherein the one or more second flow passageway vents extend from the intersection in an upstream direction (the placement of the vent, shown in fig. 5 and 6 shows it overlapping with flow passageway 12, the second flow passageway of WO’002, and the mixing section).
Regarding claim 5, WO’002 teaches the flow mixer of claim 1. WO’002 further teaches one or more combined flow passageway vents in direct fluid communication with the combined flow passageway (the placement of the vent, shown in fig. 5 and 6 shows it overlapping with flow passageway 12, the second flow passageway of WO’002, and the mixing section, applicants fig. 5 depicts vents 60 and 62 converging as two side of the same opening, therefore the vent of WO’002 which overlaps multiple sections reads on the recited combined flow vent and second flow passageway vent).
Regarding claim 6, WO’002 teaches the flow mixer of claim 5. WO’002 further teaches wherein the one or more combined flow passageway vents are disposed adjacent to the intersection (see fig. 5-6).
Regarding claims 7 and 8, WO’002 teaches the flow mixer of claim 5. WO’002 further teaches wherein the combined flow passageway vents extend in a downstream direction, with regard to claim 7 and wherein the combined flow passageway vents extend from the intersection in a downstream direction, with regard to claim 8 (see fig. 5 the vent extend downward).
Regarding claim 9, WO’002 teaches the flow mixer of claim 5. WO’002 further teaches wherein the one or more second flow passageway vents are in direct fluid communication with the one or more combined flow passageway vents (vent of WO’002 which overlaps multiple sections reads on the recited combined flow vent and second flow passageway vent, as discussed above).
Regarding claims 10-12, WO’002 teaches the flow mixer of claim 5. WO’002 further teaches wherein the one or more second flow passageway vents are in fluid communication with a vent passageway, with regard to claim 10, further comprising one or more combined flow passageway vents in direct fluid communication with the combined flow passageway, wherein the combined flow passageway vents are in fluid communication with the vent passageway, with regard to claim 11, wherein the vent passageway comprises a vent exit and the vent exit is defined by an external surface of the flow mixer, with regard to claim 12 (vent 28 may be provided in the walls of the outlet nozzle 10, see fig. 5-6).
Regarding claims 13-15, WO’002 teaches the flow mixer of claim 1. WO’002 further teaches wherein the first flow passageway comprises a first flow passageway entrance and a first flow passageway cross-sectional area, wherein the first flow passageway cross-sectional area decreases as the first flow passageway extends from the first flow passageway entrance toward a first flow passageway transition stopping point, with regard to claim 13, wherein the first flow passageway transition stopping point is the intersection, with regard to claim 14 and wherein the first flow passageway cross-sectional area decreases continuously as the first flow passageway extends from the first flow passageway entrance toward the first flow passageway transition stopping point, with regard to claim 15 (nozzle 24 decrease continuously in cross-sectional area as it transitions from supply of flow 8 towards the mixing section, see fig. 4-6).
Regarding claims 22-23, WO’002 teaches the flow mixer of claim 1. WO’002 further teaches wherein the combined flow passageway comprises a combined flow passageway exit and a combined flow passageway cross- sectional area, wherein the combined flow passageway cross-sectional area increases as the combined flow passageway extends from the intersection toward the combined flow passageway exit, with regard to claim 22 and wherein the combined flow passageway cross-sectional area increases continuously as the combined flow passageway extends from the intersection toward the combined flow passageway exit (nozzle 10 include an expanding outlet part 26 that expands continuously till the exit, see fig. 5-6, page 9).
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.
Claim(s) 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over WO’002 as applied to claim 1 above, and further in view of Mesher US 5,601,478 (US’478) (cited in IDS filed 8-16-24).
Regarding claims 16-20, WO’002 teaches the flow mixer of claim 1.
WO’002 does not teach wherein the second flow passageway comprises a second flow passageway entrance and a second flowpassageway cross-sectional area, wherein the second flow passageway cross-sectional area decreases as the second flow passageway extends from the second flow passageway entrance toward a second flow passageway transition stopping point, with regard to claim 16, wherein the second flow passageway transition stopping point is the intersection, with regard to claim 17, wherein the second flow passageway cross-sectional area decreases continuously as the second flow passageway extends from the second flow passageway entrance toward the second flow passageway transition stopping point, with regard to claim 18, with regard to claim 19 wherein the first flow passageway comprises a first flow passageway entrance and a first flow passageway vertical dimension, wherein the first flow passageway vertical dimension decreases as the first flow passageway extends from the first flow passageway entrance toward a first flow passageway transition stopping point and wherein the second flow passageway comprises a second flow passageway entrance and a second flow passageway vertical dimension, wherein the second flow passageway vertical dimension decreases as the second flow passageway extends from the second flow passageway entrance toward a second flow passageway transition stopping point, with regard to claim 20.
US’478 teaches a method of and apparatus for accelerating and pressurizing a fluidized stream of particulate material, e.g. for blast cleaning by ice particles (abstract). The apparatus includes multiple fluid flow sources each including constrictions and exploding sections to carefully control the pressure and velocity of the flowing fluid to achieve a combined flow which achieves maximize the increase pressure and velocity without costly equipment (col. 1-6 see fig. 2-5). Therefore, US’478 teaches to configure the flow paths of WO’002 to include multiple cross-sectional areas that continuously decrease to achieve maximize the increase pressure and velocity without costly equipment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flow mixer of WO’002 to include wherein the second flow passageway comprises a second flow passageway entrance and a second flow passageway cross-sectional area, wherein the second flow passageway cross-sectional area decreases as the second flow passageway extends from the second flow passageway entrance toward a second flow passageway transition stopping point, with regard to claim 16, wherein the second flow passageway transition stopping point is the intersection, with regard to claim 17, wherein the second flow passageway cross-sectional area decreases continuously as the second flow passageway extends from the second flow passageway entrance toward the second flow passageway transition stopping point, with regard to claim 18, with regard to claim 19 wherein the first flow passageway comprises a first flow passageway entrance and a first flow passageway vertical dimension, wherein the first flow passageway vertical dimension decreases as the first flow passageway extends from the first flow passageway entrance toward a first flow passageway transition stopping point and wherein the second flow passageway comprises a second flow passageway entrance and a second flow passageway vertical dimension, wherein the second flow passageway vertical dimension decreases as the second flow passageway extends from the second flow passageway entrance toward a second flow passageway transition stopping point, with regard to claim 20 because US’478 teaches it maximizes the pressure and velocity without costly equipment and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over WO’002 as applied to claim 1 above, and further in view of Shank Shank US 6,626,738 (US’738).
Regarding claim 21, WO’002 teaches the flow mixer of claim 1.
WO’002 does not teach wherein the second flow passageway comprises a second flow passageway entrance and a second flow passageway lateral dimension, wherein the second flow passageway lateral dimension increases as the second flow passageway extends from the second flow passageway entrance toward a second flow passageway transition stopping point.
US’738 teaches a blast nozzle is provided with a converging inlet portion, a venturi orifice and a diverging fan-shaped outlet portion (abstract). The lateral dimension of the nozzle passageway is dimensionally controlled for turning the velocity and pressure conversion of the fluid traveling through the passageway. The fan nozzle of the present invention and, in particular, the fan nozzle outlet section 18, is designed herein to control the expansion of compressed air as it converts from pressure to velocity (col. 3-5 and 7, see fig. 3-5). Therefore US’738 teaches configuring a converging/diverging nozzle, such as the Laval nozzle 45 of US’478, to include lateral dimension control, such that lateral dimension increases as the flow passageway extends from the entrance toward the stopping point, controls media pressure and velocity. Which is critical for the nozzle of US’478 which discussed velocity control necessary for preventing erosion of the nozzle wall surface and optimum work-effect (col. 6-7 of US’478).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flow mixer of WO’002 to include wherein the second flow passageway comprises a second flow passageway entrance and a second flow passageway lateral dimension, wherein the second flow passageway lateral dimension increases as the second flow passageway extends from the second flow passageway entrance toward a second flow passageway transition stopping point because US’738 teaches it controls media pressure and velocity exiting the passageway and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKenna WO 2020/254002 (WO’002) (cited in IDS filed 11-20-23).
Regarding claim 24, an assembly comprising a. the flow mixer of claim 1 (as discussed above with regard to claim 1) and
b. a blast nozzle (outlet part 26, page 9),
wherein the blast nozzle is in fluid communication with the combined flow passageway (see fig. 4-6).
Regarding claim 25, WO’002 teaches the flow mixer of claim 24. WO’002 further teaches (wherein the blast nozzle is integral with the flow mixer the outlet part 29 includes converging mixing section, see fig. 5-6, the examiner notes that applicants’ specification para. 58-59 describe an integral blast nozzle and including separate distinct parts)
Claim(s) 26-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKenna WO 2020/254002 (WO’002) (cited in IDS filed 11-20-23).
Regarding claim 26, WO’002 teaches a flow mixer comprising:
a. an upper insert comprising an upper insert channel (part 24 is a discrete interchangeable nozzle inlet for first flow of air and the abrasive media entrained, see fig. 4-6 and pages 5-6 and 9, the examiner notes that the term “insert” does not necessitate discrete separate parts);
b. a central insert comprising a first central insert channel and a second central insert channel, wherein the first central insert channel and the upper insert channel define a first fluid flow passageway (center section of nozzle 10 between outlet part 26 and 24 defined the flow path for the abrasive media to directed to the outlet nozzle, see fig. 4-6 pages 4-5);
c. a lower insert comprising a lower insert channel, wherein the second central insert channel and the lower insert channel define a second flow passageway which intersects with the first flow passageway at an intersection (air flow passage 12 located below part 24 supplies a main flow of air and converge with the abrasive flow, pages 4-5 see fig. 4-6); and
d. one or more second flow passageway vents formed in the lower insert in direct fluid communication with the second flow passageway (vent 28 relieve excess pressure build up, page 9, the placement of the vent, shown in fig. 5 and 6 shows it overlapping with flow passageway 12, the second flow passageway of WO’002, and the mixing section).
Regarding claim 27, WO’002 teaches the flow mixer of claim 26. WO’002 further teaches a combined flow passageway in fluid communication with the first flow passageway and the second flow passageway at the intersection (outlet nozzle 10 meets a mixing section where flow from passage ways 8 and 12 converge, see fig. 4-6 and pages 4-5)
Regarding claim 28, WO’002 teaches the flow mixer of claim 26. WO’002 further teaches one or more combined flow passageway vents in direct fluid communication with the combined flow passageway (the placement of the vent, shown in fig. 5 and 6 shows it overlapping with flow passageway 12, the second flow passageway of WO’002, and the mixing section, applicants fig. 5 depicts vents 60 and 62 converging as two side of the same opening, therefore the vent of WO’002 which overlaps multiple sections reads on the recited combined flow vent and second flow passageway vent)
Regarding claim 29, WO’002 teaches the flow mixer of claim 26. WO’002 further teaches a central nozzle insert and lower nozzle insert, wherein the central nozzle insert comprises a central nozzle insert channel and the lower nozzle insert comprises a lower nozzle insert channel, wherein a combined flow passageway is defined by the central nozzle insert channel and the lower nozzle insert channel (as discussed above WO’002 teaches a central insert and a lower insert including channels).
Regarding claim 30, WO’002 teaches the flow mixer of claim 29. WO’002 further teaches wherein the combined flow passageway comprises a throat, wherein the combined flow passageway comprises a converging portion upstream of the throat and a diverging portion downstream of the throat (outlet parts 26 include converging and diverging parts separated by a throat, page 9, see fig. 5-6)
Regarding claims 31-32, WO’002 teaches the flow mixer of claim 26. WO’002 further teaches wherein the one or more second flow passageway vents are in fluid communication with a vent passageway, with regard to claim 31 and wherein the vent passageway comprises a vent exit and the vent exit is defined by an external surface of the flow mixer, with regard to claim 32 (vent 28 may be provided in the walls of the outlet nozzle 10, see fig. 5-6).
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.
Claim(s) 38-41 and 43-48 are rejected under 35 U.S.C. 103 as being unpatentable over Mesher US 5,601,478 (US’478) (cited in IDS filed 8-16-24) in view of Shank US 6,626,738 (US’738).
Regarding claim 38, US’478 teaches a flow mixer comprising:
a. a first flow passageway (flow passage 22, see fig. 2-4, col 5-6);
b. a second flow passageway which intersects with the first flow passageway at an intersection (conduit 43 exists at throat 30 where it meets flow path 22, see fig. 2-4, col. 8-9),
wherein the second flow passageway comprises a second flow passageway entrance (conduit 43, col .6-9, see fig. 2-5),
a second flow passageway vertical dimension, and a second flow passageway lateral dimension, wherein the second flow passageway vertical dimension decreases as the second flow passageway extends from the second flow passageway entrance toward a second flow passageway transition stopping point (divergence region 46 includes nozzle throat 45 which has vertical and lateral dimensions, see, fig. 3-5, col. 5-6 the throat decreases in dimension from the conduit towards the exit, although it increases past the throat the defined transition stopping point reads broadly and can read on portion of the passageway including the divergence region 46,); and
c. a combined flow passageway in fluid communication with the first flow passageway and the second flow passageway at the intersection ( the flow combined past divergence region 46 at section 47, 31, 30, see fig. 2-5).
US’478 does not teach the second flow passageway lateral dimension increases as the second flow passageway extends from the second flow passageway entrance toward the second flow passageway transition stopping point.
US’738 teaches a blast nozzle is provided with a converging inlet portion, a venturi orifice and a diverging fan-shaped outlet portion (abstract). The lateral dimension of the nozzle passageway is dimensionally controlled for turning the velocity and pressure conversion of the fluid traveling through the passageway. The fan nozzle of the present invention and, in particular, the fan nozzle outlet section 18, is designed herein to control the expansion of compressed air as it converts from pressure to velocity (col. 3-5 and 7, see fig. 3-5). Therefore US’738 teaches configuring a converging/diverging nozzle, such as the Laval nozzle 45 of US’478, to include lateral dimension control, such that lateral dimension increases as the flow passageway extends from the entrance toward the stopping point, controls media pressure and velocity. Which is critical for the nozzle of US’478 which discussed velocity control necessary for preventing erosion of the nozzle wall surface and optimum work-effect (col. 6-7 of US’478).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flow mixer of US’478 to include the second flow passageway lateral dimension increases as the second flow passageway extends from the second flow passageway entrance toward the second flow passageway transition stopping point because US’738 teaches it controls media pressure and velocity exiting the passageway and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Regarding claims 39-40, the modified flow mixer of US’478 teaches the flow mixer of claim 38. The modified flow mixer of US’478 further teaches wherein the vertical dimension of the second flow passageway decreases continuously as the second flow passageway extends from the second flow passageway entrance toward the second flow passageway transition stopping point, with regard to claim 39 and wherein the lateral dimension of the second flow passageway decreases continuously as the second flow passageway extends from the second flow passageway entrance toward the second flow passageway transition stopping point, with regard to claim 40 (as discussed above, see fig. 3-5 of US’738 and fig. 2-5 of US’478).
Regarding claim 41, the modified flow mixer of US’478 teaches the flow mixer of claim 38. The modified flow mixer of US’478 further teaches wherein the second flow passageway transition stopping point is the intersection (divergence rejoin 46 reads on a stopping point which is the point at which the flow mix, see fig. 2-4, US’478).
Regarding claims 43-45, the modified flow mixer of US’478 teaches the flow mixer of claim 38. The modified flow mixer of US’478 further teaches wherein the first flow passageway comprises a first flow passageway entrance and a first flow passageway vertical dimension, wherein the first flow passageway vertical dimension decreases as the first flow passageway extends from the first flow passageway entrance toward a first flow passageway transition stopping point, with regard to claim 43, wherein the vertical dimension of the first flow passageway decreases continuously as the first flow passageway extends from the first flow passageway entrance toward the first flow passageway transition stopping point, with regard to claim 44 and wherein the first flow passageway transition stopping point is the intersection with regard to claim 45 (see fig. 2-5, col 5-6 of US’478, the first flow path converges to nozzle through 30).
Regarding claims 46-48, the modified flow mixer of US’478 teaches the flow mixer of claim 38. The modified flow mixer of US’478 further teaches wherein the second flow passageway is configured to be connected to a flow of entrained particles, wherein the flow of entrained particles comprises a transport fluid and a plurality of particles entrained within the transport fluid, with regard to claim 46, wherein the first flow passageway is configured to be connected to a flow of blast fluid, with regard to claim 47 and wherein the blast fluid comprises heated fluid, with regard to claim 48 (both the passages are configured to flow fluid/gas, as discussed above, therefore they would be capable of flowing any fluid. And a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The flow passageways of the modified flow mixer of US’478 would be capable of flowing any fluid of gas. Therefore, one of ordinary skill in the art at the time the invention was made would have known that the structural limitations of the passageways taught by the prior art and the passageways claimed would have been the same and since the claim is directed towards an apparatus, the apparatus is independent of the intended use).
Claim(s) 42 is rejected under 35 U.S.C. 103 as being unpatentable over US’478 in view of US738 as applied to claim 38 above, and further in view of McKenna WO 2020/254002 (WO’002).
Regarding claim 42, the modified flow mixer of US’478 teaches the flow mixer of claim 38.
The modified flow mixer of US’478 does not teach one or more second flow passageway vents in direct fluid communication with the second flow passageway.
WO002 teaches an apparatus for abrasive cleaning includes (abstract). An air vent 28 may be provided in the walls of the outlet nozzle 10 to relieve excess pressure build up through via angled hole at an opposing direction to the direction of abrasive media delivery induction point. Such air vent 28 may be provided to relieve excess air pressure existing from the abrasive eductor line feed and preventing back pressure at the eductor 6 (page 9, see fig. 5-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified flow mixer of US’478 to include one or more second flow passageway vents in direct fluid communication with the second flow passageway because WO’002 teaches it relieve excess air pressure existing from the abrasive feed and preventing back pressure and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713