DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Claim 10 is rejected under 35 U.S.C. 112 (b) for being indefinite since the flow rate ratio includes zero, which would exclude the dispersed phase from flowing, which contradicts claim 7, from which claim 10 depends, which requires a dispersed phase entering the ejector inlet section. Correction/clarification is required.
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.
Claims 1, 7, and 9, are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Taniel (U.S. Publication 2019/0040820).
Regarding claim 1, Taniel teaches a device for enhancing liquid-liquid emulsification (figure 2, the materials being worked upon are considered intended use), comprises a jet part (item 5 upstream of item 35) and a mixing part connected to the jet part (item 35 to item 34B are considered the mixing part), wherein the jet part includes a feed tee (the feed tee is considered inlets proximate items 37D, 40, and 41) which includes a first port (first port proximate item 42 feeding into 36c), a second port (opening proximate item 37D), and a third port for feeding major and dispersed phases (lower most portion of item 36 feeding into passageway in item 35), wherein the first port is used for feeding the major phase (item 40 feeds material considered reading on a major phase), and the second port is equipped with an ejector for feeding the dispersed phase (item 37 to item 38 are considered reading on an ejector); wherein the ejector comprises a cylindrical ejector housing (item 33 is a cylindrical housing) with an opening on one side (opening at the top side proximate item 37d) and a hemispherical structure on the other side (see hemisphere shape of the wall proximate item 37c), wherein the opening side of the ejector housing is defined as an ejector inlet section (item 37D is considered defining an ejector inlet section); a spiral structure (spiral structure proximate item 37B), a flow-guided structure (inner wall downstream of item 37B and upstream of the hemisphere portion) and an ejector pin structure (item 37C is considered reading on a pin structure) are connected sequentially along the ejector inlet section inwardly inside the ejector (the inlet 37d, inner wall between 37b and hemisphere, and item 37C are all considered in sequential order); and the hemispherical structure of the ejector housing is equipped with a jet orifice (opening in hemisphere portion of the inner wall feeding into item 38 is considered reading on a jet orifice, the flowrate of material is considered intended use); and the mixing part includes a mixer comprising a cylindrical mixer shell (items 35 and items 34 are considered reading on the mixing part, and each is considered comprising a cylindrical mixing shell shape), a mixer inlet section (upstream portion of item 47A shown in figure 3 is considered reading on the mixer inlet section) and a mixer outlet section at both ends of the mixer shell (opening at lower most portion of item 34 proximate item 34B), as well as a spiral section (paragraph 216 spiral channel), a cavity section (volume in item 34 through which material flows) and a variable diameter section for enhancing emulsion breakup and dispersion (the diameter varies from items channel 47A to channel in item 4 to item 34B), wherein the mixer inlet section is flange-connected to the third port (lowest most portion of item 36 that attaches to inner wall of item 35 is considered reading on a flange).
Regarding claim 7, Taniel teaches a method for enhancing liquid-liquid emulsification (paragraph 25 teaches water diesel emulsion) using the device of claim 1 comprising the following steps: the major phase for liquid-liquid emulsification entering the first port of the jet part (the major phase feeds in proximate item 40); and the dispersed phase entering the ejector inlet section of the ejector (the dispersed phase feeds in proximate item 37D); the dispersed phase generating a swirling flow through the spiral structure (spiral structure proximate item 37B induces swirling of the dispersed phase), guided along the flow-guided structure, then sheared and broken between the ejector pin structure and the ejector housing (and effect on the emulsion proximate the flow guided structure and item 37c ) and ejected from the jet orifice to dispersed in the major phase, forming a preliminary emulsion (material entering item 35 is considered reading on a preliminary emulsion), the preliminary emulsion entering the mixing part and passing through the spiral section (paragraph 216 teaches the spiral section), the cavity section (the volume inside items 35 and 34), and the variable diameter section (the variable diameter section proximate item 34B), generating rotating turbulence and turbulent breakup to further enhance emulsion breakup and dispersion forming a stable emulsion (paragraph 219 teaches increasing the turbulence, paragraph 21 teaches a stable form of the emulsion).
Regarding claim 9, Taniel teaches wherein the mode of contact between the dispersed phase and major phase is co-current (both phases flow concurrently in item 39 as they flow towards item 45).
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 3 is rejected under 35 U.S.C. 103) as being unpatentable over Taniel (U.S. Publication 2019/0040820).
Regarding claim 3, Taniel teaches wherein the spiral section (paragraph 216 spiral around item 36), the cavity section (volume downstream of item 36 and upstream of the nozzle inside item 35 and 36) and the variable diameter section (the variable diameter section proximate item 34a is downstream of the spiral section proximate the outlet) inside the mixer are sequentially connected between the mixer inlet section and the mixer outlet section (and the variable diameter proximate item 34a is the most downstream section proximate the outlet). Regarding claim 3, Taniel is silent to duplicate repetitions. Regarding claim 3, absent any unexpected results, it would have been obvious to one of ordinary skill in the art to duplicate the sections to mix the desired volume of materials since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Allowable Subject Matter
Claims 2, 4, 5, and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 2, the prior art does not teach or fairly suggest the combination of the diameter ratios, specific angle range, diameter size of the jet orifice, and the diameter ratio of the ejector pin relative to the jet orifice.
Regarding claim 4, the prior art does not teach or fairly suggest the combination of the length of the spiral section ratio relative to the mixer length, and the length of the variable diameter to the mixer length ratio.
Regarding claim 5, the prior art does not teach or fairly suggest the combination of the cylindrical support structure, the second spiral blade connected to the inner wall of the mixer shell and the support structure, and the taper angle range.
Regarding claim 6, the prior art does not teach or fairly suggest the combination of the third spiral blade, double lobe structure, and the height of the cavity section to the diameter of the mixer inlet section ratio, and the height to length of the cavity section ratio.
Regarding claim 8, the prior art does not teach or fairly suggest the combination of the method for enhancing liquid-liquid emulsion with the two ranges of droplet sizes.
Claims 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 10, the prior art does not teach or fairly suggest the combination of the one or more injectors and the flow ratio of dispersed phase to major phase.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANSHU BHATIA whose telephone number is (571)270-7628. The examiner can normally be reached Monday - Friday 11 a.m. to 7:30 p.m..
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/ANSHU BHATIA/Primary Examiner, Art Unit 1774