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
Applicant’s election without traverse of Group I, claims 1-4, 6, 11-16, 19 and 21-23 in the reply filed on 28 May 2026 is acknowledged.
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 1-4, 12 15, 16, 21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doppstadt (US 9,409,365).
Regarding claim 1, Doppstadt discloses a mixing device comprising a holder (see col. 1, line 25: “housing”) for holding material to be mixed in a mixing chamber of the holder, a mixing element (1,2) which is provided in the mixing chamber, has a central axle and is rotatable in relation to the holder about an axis of rotation which coincides with the central axle for the purpose of mixing the material to be mixed in the mixing chamber during rotation of the mixing element, the mixing element comprising an axle body (1) and a plate-shaped mixing body (2 or a portion thereof such as 21) of at least partially screw-shaped form which extends around the axle body, is connected to the axle body and has a peripheral edge on the side facing away from the axle body, and also a plate-shaped wearing body (22), connecting elements each having a head and a shank (see col. 3, line 55: “bolts”; col. 5, lines 55-65: “at the interface 3 not shown screws are guided through the bore holes provided there, and screwed together for the final state. Conveniently the screws are provided with appropriate safety devices, such as, for example, self-locking nuts”), one end of said shank adjoining the head, wherein the shanks of the connecting elements respectively extend through or at least into associated mutually aligned first holes (3 of 22) in the wearing body and second holes (3 of 21) in the mixing body, and by means of which connecting elements the at least one wearing body is releasably connected to the mixing body, wherein the at least one wearing body at least partially extends on the outer side of the peripheral edge (see Fig. 4), characterized in that the mixing body, at the location of the second holes therein, on the side facing toward the wearing body, is provided with recesses (41) in the middle of which the associated second holes are provided, wherein parts (4) of the wearing body that surround the first holes extend within the recesses.
Regarding claim 2, each recess has an inclined flank (see col. 6, lines 42-45).
Regarding claim 3, “The patentability of a product does not depend on its method of production.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 4, “The patentability of a product does not depend on its method of production.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 12, the connecting elements are embodied as bolts and wherein a nut for each bolt is provided on the side of the mixing body facing away from the wearing body, wherein the nut is screwed onto the bolt and the mixing body and the wearing body are clamped against each other by the bolt head of the bolt and by the nut (see col. 5, lines 55-65).
Regarding claim 15, at least an inner part of the peripheral edge of the wearing body is beveled in cross section (see Fig. 4).
Regarding claim 16, the mixing device is provided with a number of wearing bodies which are releasably connected to the mixing body and which adjoin each other (see Figs. 1-3).
Regarding claim 21, the overall orientation of the claimed device is a matter of use.
Regarding claim 23, the at least one wearing body is provided on the top side of the mixing body (see Fig. 4).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Doppstadt (US 9,409,365) in view of Bradley (US 4,886,218). The device of Doppstadt was discussed above. While claim 2 is anticipated by Doppstadt as explained above, to further prosecution Bradley is cited for the detailed teaching of recess (51) having an inclined flange. It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the recesses of Doppstadt with flanks inclined in the manner of Bradley to provide interlocking, distribute stress and assist in alignment (see col. 4, lines 44-57).
Claims 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Doppstadt (US 9,409,365) in view of Foote (US 3,476,429). The device of Doppstadt was discussed above:
Regarding claim 6, Doppstadt does not disclose a raised edge around the first holes. Foote teaches a raised edge (12) at the periphery of holes (11) in plate (10). It would have been obvious to one of ordinary skill in the art before the effective filing date to have utilized raised edges around holes as taught by Foote to accommodate the heads of screws or bolts.
Regarding claim 11, in the device of Doppstadt as modified by Foote above, the wearing body is produced from a plate and each first hole in the wearing body at least partially extends on the side of the thickness of the plate facing away from the associated raised edge (see Figs. 5 and 6 of Doppstadt and Figs. 1 and 2 of Foote).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Doppstadt (US 9,409,365) in view of Shobak (US 5,279,407). The device of Doppstadt was discussed above. The claimed step structure is not disclosed. Shobak teaches a first plate having plate- shaped mixing body (42) having a stepped form in cross section, having a first step part and a second step part, which is connected to the first step part, on the radial outer side of the first step part, wherein the first step part and the second step part are situated at a step distance from each other in cross section and in a direction parallel to the central axle, wherein a wearing body (56) bears against the second step part. It would have been obvious to one of ordinary skill in the art before the effective filing date to have utilized a step structure as taught by Shobak to align the upper surfaces of the two plates.
Claims 1-4, 13-16 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Tamminga (US 6,328,465) in view of Doppstadt (US 9,409,365).
Regarding claim 1, Tamminga discloses a mixing device comprising a holder (12, 16) for holding material to be mixed in a mixing chamber (4) of the holder, a mixing element (6) which is provided in the mixing chamber, has a central axle (47) and is rotatable in relation to the holder about an axis (47) of rotation which coincides with the central axle for the purpose of mixing the material to be mixed in the mixing chamber during rotation of the mixing element, the mixing element comprising an axle body (8) and a plate-shaped mixing body (10) of at least partially screw-shaped form which extends around the axle body, is connected to the axle body and has a peripheral edge on the side facing away from the axle body, and also a plate-shaped wearing body (36), connecting elements (40) each having a head and a shank, one end of said shank adjoining the head (see col. 2, line 56: “rivets”), wherein the shanks of the connecting elements respectively extend through or at least into associated mutually aligned first holes in the wearing body and second holes in the mixing body, and by means of which connecting elements the at least one wearing body is releasably connected to the mixing body (see col. 5, lines 5-11), wherein the at least one wearing body at least partially extends on the outer side of the peripheral edge (see Figs. 2 and 3). However, it is not disclosed that the mixing body, at the location of the second holes therein, on the side facing toward the wearing body, is provided with recesses in the middle of which the associated second holes are provided, wherein parts of the wearing body that surround the first holes extend within the recesses. Doppstadt teaches a mixing body which, at the location of second holes therein, on the side facing toward a wearing body, is provided with recesses (41) in the middle of which the associated second holes are provided, wherein parts (4) of the wearing body that surround first holes extend within the recesses. It would have been obvious to one of ordinary skill in the art before the effective filing date to have utilized recesses and projections as taught by Doppstadt for ease of attachment and alignment (see col. 3, lines 19-24).
Regarding claim 2, Doppstadt teaches that each recess has an inclined flank (see col. 6, lines 42-45).
Regarding claim 3, “The patentability of a product does not depend on its method of production.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 4, “The patentability of a product does not depend on its method of production.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 12, Doppstadt teaches that the connecting elements are embodied as bolts and wherein a nut for each bolt is provided on the side of the mixing body facing away from the wearing body, wherein the nut is screwed onto the bolt and the mixing body and the wearing body are clamped against each other by the bolt head of the bolt and by the nut (see col. 5, lines 55-65).
Regarding claim 13, cutting teeth (46) form at least a part of the peripheral edge of the wearing body.
Regarding claim 14, at least a part of the periphery of the wearing body has a corrugated form (see Fig. 3).
Regarding claim 15, Doppstadt teaches that at least an inner part of the peripheral edge of the wearing body is beveled in cross section (see Fig. 4).
Regarding claim 16, Doppstadt teaches that the mixing device is provided with a number of wearing bodies which are releasably connected to the mixing body and which adjoin each other (see Figs. 1-3).
Regarding claim 21, the overall orientation of the claimed device is a matter of use.
Regarding claim 22, the mixing device is provided with a movable chassis having the holder thereon (see Fig. 1).
Regarding claim 23, the at least one wearing body is provided on the top side of the mixing body (see Figs. 1-3).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Tamminga (US 6,328,465) in view of Doppstadt (US 9,409,365) as applied to claim 1 above, and further in view of Bradley (US 4,886,218). While claim 2 is obvious over Tamminga in view of Doppstadt as explained above, to further prosecution Bradley is cited for the detailed teaching of recess (51) having an inclined flange. It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the recesses of Tamminga in view of Doppstadt with flanks inclined in the manner of Bradley to provide interlocking, distribute stress and assist in alignment (see col. 4, lines 44-57).
Claims 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tamminga (US 6,328,465) in view of Doppstadt (US 9,409,365) as applied to claim 1 above, and further in view of Foote (US 3,476,429):
Regarding claim 6, Doppstadt does not disclose a raised edge around the first holes. Foote teaches a raised edge (12) at the periphery of holes (11) in plate (10). It would have been obvious to one of ordinary skill in the art before the effective filing date to have utilized raised edges around holes as taught by Foote to accommodate the heads of screws or bolts.
Regarding claim 11, in the device of Doppstadt as modified by Foote above, the wearing body is produced from a plate and each first hole in the wearing body at least partially extends on the side of the thickness of the plate facing away from the associated raised edge (see Figs. 5 and 6 of Doppstadt and Figs. 1 and 2 of Foote).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Tamminga (US 6,328,465) in view of Doppstadt (US 9,409,365) as applied to claim 1 above, and further in view of Shobak (US 5,279,407). The claimed step structure is not disclosed. Shobak teaches a first plate having plate- shaped mixing body (42) having a stepped form in cross section, having a first step part and a second step part, which is connected to the first step part, on the radial outer side of the first step part, wherein the first step part and the second step part are situated at a step distance from each other in cross section and in a direction parallel to the central axle, wherein a wearing body (56) bears against the second step part. It would have been obvious to one of ordinary skill in the art before the effective filing date to have utilized a step structure as taught by Shobak to align the upper surfaces of the two plates.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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