NON-FINAL 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings were received on 11 October 2023. These drawings are acceptable.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware of in the specification.
The abstract of the disclosure is acceptable.
The title of the invention is acceptable.
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 11 and 21 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 11 recites the limitation "the securing member" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the rotatable member of the base unit" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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, 3-7, 10-21 are rejected under 35 U.S.C. 103 as being unpatentable over Penkl et al. (U.S. Patent Application Pub. No. 2017/0203306, hereinafter Penkl) in view of Johnson et al. (U.S. Patent Application Pub. No. 6,679,529 hereinafter Johnson).
Regarding claim 1, Penkl discloses a modular centrifugal separator system configured for separating a liquid feed mixture into a heavy phase and light phase (para. [0044]), the modular centrifugal separator system comprising: a base unit (housing 1, lower base part 3, a housing shell part 4, top cover 5, para. [0044]-[0045]; outer drum 11, para. [0050]); an exchangeable separation insert (inner drum 12, together with the parts connected thereto including inflow pipe 23 and with which the inner drum forms an exchangeable plastic module, para. [0015]) arranged in the base unit; an exchangeable tube kit (covering ring body 37 with its inflow and outflow connectors and hoses, para. [0028]); and an interface for fluid communication between the exchangeable separation insert and the exchangeable tube kit (“the inflow system and the outflow system have the covering ring body formed as a part that does not rotate with the drum during operation and…the inflow system has an inflow pipe formed as an element that rotates with the drum”, para. [0023], Fig. 1e), wherein the exchangeable separation insert comprises: a rotor casing (drum 2, Fig. 1a) forming a separation space; and a first half of the interface (the inflow pipe 23 carries the first half of the interface on the exchangeable separation insert, Fig. 1e), the rotor casing being configured to rotate about a rotational axis (axis of rotation D, Fig. 1a) extending in an axial direction, wherein the exchangeable tube kit comprises: at least one tube for one of the liquid feed mixture, the heavy phase, and the light phase (covering ring body 37 with its inflow and outflow connectors and hoses, para. [0028]); and a second half of the interface (the covering ring body 37 carries the second half of the interface on the exchangeable tube kit, Fig. 1e), but does not expressly disclose a removable sealing member covering the first and/or second half of the interface. Penkl notably discloses a need to close the line ends (“line ends may be closed off again (for example by adhesive bonding or clamping or detent action)”, para. [0026]; “before mounting and after dismounting, no air can enter into the inner drum from the outside”, para. [0032]).
Johnson discloses a removable sealing member covering the first and/or second half of the interface (Abstract, Fig. 7). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the centrifugal separator system of Penkl with the removable sealing member of Johnson for the purpose of creating a sterile corridor between a first sterile barrier and a second sterile barrier, and mating the terminal end of a first conduit and a second conduit together (Abstract, Johnson), which solves the problem that Penkl identifies of closing off line ends to protect the interface surfaces from contamination (para. [0026] and [0032], Penkl).
Regarding claim 3, the combination of Penkl and Johnson discloses wherein the removable sealing member is accessible for removal from the interface from outside the base unit (Penkl discloses that the covering ring body 37 is accessible from outside the housing, para. [0007], and that the hoses of the cover ring body 37 “merely have to be connected after the mounting process” from outside, para. [0028]; Johnson discloses a free end of the rolling membrane that extends beyond the interface face for external pulling and withdraw, Abstract, Fig. 7-10).
Regarding claim 4, the combination of Penkl and Johnson discloses wherein the removable sealing member comprises a first sealing member portion covering the first half of the interface and a second sealing member portion covering the second half of the interface (Johnson discloses two opposing rolling membranes 40, i.e., the first and second sealing member portions, on two opposing sterile barriers 150, i.e., the first and second half of the interface, Fig. 1, 6, 7).
Regarding claim 5, the combination of Penkl and Johnson discloses wherein the first sealing member portion comprises a first film member and the second sealing member portion comprises a second film member (rolling membrane is a continuous, removable, yieldable, flexible strip material, Abstract, Johnson).
Regarding claim 6, the combination of Penkl and Johnson discloses wherein the first film membrane (first rolling membrane 40, Fig. 1 and 7, Johnson) comprises an attachment portion (support card 20, Fig. 1 and 7, Johnson) releasably connected to the first half of the interface (sterile barrier 150, Fig. 6, Johnson), a folded portion (first and/or second membrane fold 70, 80, Fig. 7, Johnson) connected to the attachment portion, and a grasping portion (pull grip 50, Fig. 1, Johnson) connected to the folded portion, wherein the folded portion (second membrane fold 80, Fig. 7, Johnson) is connected to the attachment portion diametrically opposite to the grasping portion, wherein at least a portion of the folded portion (first membrane fold 70, Fig. 7, Johnson) abuts against the attachment portion, and wherein the grasping portion (pull grip 50, Fig. 1, 6, and 7, Johnson) extends beyond the interface.
Regarding claim 7, the combination of Penkl and Johnson discloses wherein the first half of the interface comprises a first sealing surface (surface of sterile barrier 150, Fig. 6, Johnson) and the second half of the interface comprises a second sealing surface (surface of the second/other sterile barrier 150, Fig. 6, Johnson), wherein the first and second sealing surfaces are configured to engage with each other when the removable sealing member has been removed (Fig. 10, Johnson), and wherein, during the use of the modular centrifugal separator system, the first sealing surface (inflow pipe 23 has the first sealing surface and rotates, para. [0023], Penkl) is rotatable about the rotational axis and the second sealing surface (the covering ring body 37 has the second sealing surface and is stationary, para. [0023], Penkl) is stationary.
Regarding claim 10, the combination of Penkl and Johnson discloses a securing member (“transport lock” including leaf spring 52, projection 53, and ring-shaped groove 54, Fig. 2, para. [0101], Penkl) configured to establish an engagement between the exchangeable separation insert and the exchangeable tube kit, the engagement securing the exchangeable separation insert to the exchangeable tube kit for collective removal of the exchangeable separation insert and the exchangeable tube kit from the base unit (“there would, without a means for an at least axial transport lock, be the risk of the covering ring body 37 becoming axially detached”, para. [0096], Penkl).
Regarding claim 11, the combination of Penkl and Johnson discloses wherein the securing member (“transport lock” including leaf spring 52, projection 53, and ring-shaped groove 54, Fig. 2, para. [0101], Penkl) maintains the exchangeable separation insert and the exchangeable tube kit in a position in relation to each other such that the first and second sealing surfaces remain engaged with each other during the collective removal of the exchangeable separation insert and the exchangeable tube kit from the base unit (“there would, without a means for an at least axial transport lock, be the risk of the covering ring body 37 becoming axially detached”, para. [0096], Penkl).
Regarding claim 12, the combination of Penkl and Johson discloses wherein the exchangeable tube kit (covering ring body 37 with its inflow and outflow connectors and hoses, para. [0028]) and the interface (“the inflow system and the outflow system have the covering ring body formed as a part that does not rotate with the drum during operation and…the inflow system has an inflow pipe formed as an element that rotates with the drum”, para. [0023], Fig. 1e) are arranged at a first axial end portion of the exchangeable separation insert (Fig. 1a), but does not explicitly teach wherein the modular centrifugal separator system comprises a further exchangeable tube kit, and a further interface for fluid communication between the exchangeable separation insert and the further exchangeable tube kit, wherein the further exchangeable tube kit and the further interface are arranged at a second axial end portion or the exchangeable separation insert, wherein the exchangeable insert comprises a first half of the further interface, wherein the further exchangeable tube kit comprises a tube for at least one of the liquid feed mixture, the heavy phase, and the light phase, and a second half of the further interface, and wherein the modular centrifugal separator system comprises a removable further sealing member covering the first and/or second half of the further interface. Penkl discloses that both an inflow system and an outflow system are formed on the inner drum and interface with a stationary covering ring body (“an inflow system and an outflow system of the drum are formed exclusively on the inner drum”, para. [0022], “the inflow system and the outflow system have the covering ring body formed as a part that does not rotate with the drum during operation”, para. [0023]). Thus Penkl establishes that the inner drum requires sealed fluid connections for both the inflow and outflow, each requiring a stationary interface component and line end closure. The further exchangeable tube kit, further interface, and removable further sealing member at the second axial end portion required by claim 12 constitute a mere duplication of the exchangeable tube kit, interface, and removable sealing member already taught by the combination of Penkl and Johnson at the first axial end. It is well settled that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144.04. Providing a second exchangeable tube kit at the second axial end with John’s rolling membrane covering the further interface produces only predictable result of a modular exchangeable separation insert in which both axial end fluid connections are independently exchangeable.
Regarding claim 13, Penkl discloses an exchangeable separation insert (inner drum 12, together with the parts connected thereto and with which the inner drum forms an exchangeable plastic module, para. [0015]) for a modular centrifugal separator system configured for separating a liquid feed mixture into a heavy phase and light phase (para. [0044]) and comprising an exchangeable separation insert, a base unit (housing 1, lower base part 3, a housing shell part 4, top cover 5, para. [0044]-[0045]; outer drum 11, para. [0050]); an exchangeable tube kit (covering ring body 37 with its inflow and outflow connectors and hoses, para. [0028]); and an interface for fluid communication between the exchangeable separation insert and the exchangeable tube kit (“the inflow system and the outflow system have the covering ring body formed as a part that does not rotate with the drum during operation and…the inflow system has an inflow pipe formed as an element that rotates with the drum”, para. [0023], Fig. 1e), wherein the exchangeable separation insert comprises: a rotor casing (drum 2, Fig. 1a) forming a separation space; and a first half of the interface (the inflow pipe 23 constitutes the first half of the interface on the exchangeable separation insert, Fig. 1e), the rotor casing being configured to rotate about a rotational axis (axis of rotation D, Fig. 1a) extending in an axial direction, wherein the exchangeable separation insert forms a separate unit insertable into the base unit (inner drum 12, together with the parts connected thereto and with which the inner drum forms an exchangeable plastic module, para. [0015]), but does not disclose wherein the exchangeable separation insert comprises a first sealing member portion of a removable sealing member, the first sealing member portion covering the first half of the interface. Penkl notably discloses a need to close the line ends (“line ends may be closed off again (for example by adhesive bonding or clamping or detent action)”, para. [0026]; “before mounting and after dismounting, no air can enter into the inner drum from the outside”, para. [0032]).
Johnson discloses a first sealing member portion (rolling membrane 40, Fig. 7) of a removable sealing member, the first sealing member portion covering the first half of the interface (sterile barrier 150, Fig. 1, 6, 7). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the exchangeable separation insert of Penkl with the removable sealing member of Johnson for the purpose of creating a sterile corridor between a first sterile barrier and a second sterile barrier, and mating the terminal end of a first conduit and a second conduit together (Abstract, Johnson), which solves the problem that Penkl identifies of closing off line ends to protect the interface surfaces from contamination (para. [0026] and [0032], Penkl).
Regarding claim 14, the combination of Penkl and Johnson discloses wherein the first half of the interface comprises a first sealing surface (surface of sterile barrier 150, Fig. 6, Johnson), and wherein the first sealing member portion (rolling membrane 40, Fig. 7, Johnson) covers the first sealing surface (surface of sterile barrier 150, Fig. 6, Johnson).
Regarding claim 15, the combination of Penkl and Johnson discloses the exchangeable separator insert according to claim 13, comprising, with the exception of the first sealing member portion (rolling membranes 40, Fig. 1, 6, and 7, Johnson), only parts which are rotated about the rotational axis during use of the modular centrifugal separator system (inner drum lower part and upper part, distributor, separation disk assembly, and inflow pipe all rotate with the drum, para. [0017], [0023], [0031], Penkl).
Regarding claim 16, the combination of Penkl and Johnson discloses wherein the first sealing member portion (first rolling membrane 40, Fig. 1 and 7, Johnson) comprises a first film member (a rolling membrane is a continuous, removable, yieldable, flexible strip material, Abstract, Johnson), an attachment portion (support card 20, Fig. 1 and 7, Johnson) of the first film member being releasably connected to the first half of the interface (sterile barrier 150, Fig. 6, Johnson).
Regarding claim 17, Penkl discloses an exchangeable tube kit (covering ring body 37 with its inflow and outflow connectors and hoses, para. [0028]) for a modular centrifugal separator system configured for separating a liquid feed mixture into a heavy phase and light phase (para. [0044]) and comprising the exchangeable tube kit, a base unit (housing 1, lower base part 3, a housing shell part 4, top cover 5, para. [0044]-[0045]; outer drum 11, para. [0050]); an exchangeable separation insert (inner drum 12, together with the parts connected thereto including inflow pipe 23 and with which the inner drum forms an exchangeable plastic module, para. [0015]), and an interface for fluid communication between the exchangeable separation insert and the exchangeable tube kit (“the inflow system and the outflow system have the covering ring body formed as a part that does not rotate with the drum during operation and…the inflow system has an inflow pipe formed as an element that rotates with the drum”, para. [0023], Fig. 1e), wherein the exchangeable tube kit comprises: a tube for one of the liquid feed mixture, the heavy phase, and the light phase (covering ring body with its inflow and outflow connectors and hoses, para. [0028]); a second half of the interface (the covering ring body 37 carries the second half of the interface on the exchangeable tube kit, Fig. 1e), wherein, during use of the modular centrifugal separator system, the second sealing surface is configured to be stationary (cover ring body 37 is the stationary second half of the interface, para. [0023]) and engage with the rotating first sealing surface (the inflow pipe 23 carries the first half of the interface on the exchangeable separation insert and rotates with the drum, Fig. 1e, para. [0023]), and wherein the exchangeable tube kit forms a separate unit at least partially insertable into the base unit (the covering ring body 37 is insertable into the housing vertically from below, para. [0007]), but does not expressly disclose a sealing member portion of a removable sealing member covering the second half of the interface, wherein the second half of the interface comprises a second sealing surface configured to engage with a first sealing surface of the exchangeable separation insert. Penkl notably discloses a need to close the line ends (“line ends may be closed off again (for example by adhesive bonding or clamping or detent action)”, para. [0026]; “before mounting and after dismounting, no air can enter into the inner drum from the outside”, para. [0032]).
Johnson discloses a sealing member portion (the second/other rolling membrane 40, Fig. 7) of a removable sealing member covering the second half of the interface (the second/other sterile barrier 150, Fig. 6), wherein the second half of the interface comprises a second sealing surface (surface of the second/other sterile barrier 150, Fig. 6) configured to engage with a first sealing surface (surface of sterile barrier 150, Fig. 6). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the exchangeable tube kit of Penkl with the removable sealing member of Johnson for the purpose of creating a sterile corridor between a first sterile barrier and a second sterile barrier, and mating the terminal end of a first conduit and a second conduit together (Abstract, Johnson), which solves the problem that Penkl identifies of closing off line ends to protect the interface surfaces from contamination (para. [0026] and [0032], Penkl).
Regarding claim 18, the combination of Penkl and Johnson discloses wherein the sealing member portion (the second/other rolling membrane 40, Fig. 7, Johnson) covers the second sealing surface (surface of other sterile barrier 150, Fig. 6, Johnson).
Regarding claim 19, the combination of Penkl and Johnson discloses wherein the sealing member portion comprises a film member (a rolling membrane is a continuous, removable, yieldable, flexible strip material, Abstract, Johnson), an attachment portion (support card 20, Fig. 1 and 7, Johnson) of the film member being releasably connected to the second half of the interface (the second/other sterile barrier 150, Fig. 6, Johnson).
Regarding claim 20, the combination of Penkl and Johnson discloses a kit of parts comprising: the exchangeable separation insert according to claim 13, and at least one exchangeable tube kit, the at least one exchangeable tube kit comprising: a tube for one of the liquid feed mixture, the heavy phase, and the light phase (covering ring body 37 with its inflow and outflow connectors and hoses, para. [0028], Penkl); a second half of the interface (the covering ring body 37 carries the second half of the interface on the exchangeable tube kit, Fig. 1e, Penkl); a sealing member portion (the second/other rolling membrane 40, Fig. 7, Johnson) of a removable sealing member covering the second half of the interface (the second/other sterile barrier 150, Fig. 6, Johnson), wherein the second half of the interface comprises a second sealing surface (surface of the second/other sterile barrier 150, Fig. 6, Johnson) configured to engage with a first sealing surface (surface of sterile barrier 150, Fig. 6, Johnson), wherein, during use of the modular centrifugal separator system, the second sealing surface is configured to be stationary (cover ring body 37 carries the stationary second half of the interface, para. [0023], Penkl) and engage with the rotating first sealing surface (the inflow pipe 23 carries the first half of the interface on the exchangeable separation insert and rotates with the drum, Fig. 1e, para. [0023], Penkl), and wherein the exchangeable tube kit forms a separate unit at least partially insertable into the base unit (the covering ring body 37 is insertable into the housing vertically from below, para. [0007], Penkl).
Regarding claim 21, the combination of Penkl and Johnson discloses a method for assembling the modular centrifugal separator system as defined in claim 1, comprising steps of: mounting the exchangeable separation insert in the rotatable member of the base unit (“it is merely necessary for the inner drum to be removed from the outer drum and for another inner drum to be inserted into the outer drum again”, para. [0014], Penkl); mounting the exchangeable tube kit in the base unit (“the outer drum upper part…can be mounted preferably from above over the covering ring body with its inflow and outflow connectors and hoses”, para. [0028], Penkl); removing the sealing member from the first and/or second half of the interface (inner drum line ends may be closed off by adhesive bonding or clamping or detent action, para. [0026], Penkl; Johnson teaches the specific removal step of withdrawing the rolling membrane from the interface, Abstract, Fig. 9-11).
Claims 2, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Penkl in view of Johnson, as applied to claim 1 above, and further in view of EP 3384993 (Hilding et al., hereinafter Hilding).
Regarding claim 2, the combination of Penkl and Johnson does not disclose wherein the interface extends in a radial direction across the axial direction.
Hilding discloses analogous art related to a seal assembly for a centrifugal separator, wherein the interface (sealing interface 9, Fig. 1a) between a rotatable sealing member 4 and a stationary sealing member 6 in a disc stack centrifugal separator extends in the radial direction across the axial direction (“the sealing interface 9 between the sealing rings is thereby formed in a radial plane (p) that extends substantially perpendicular to the axis of rotation (X), para. [0080]). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to orient the interface of the centrifugal separator system of the combination of Penkl and Johnson in the radial direction as taught by Hilding for the purpose of making the seal easy to assemble and disassemble axially (para. [100], Hilding).
Regarding claim 8, the combination of Penkl and Johnson does not disclose wherein a second sealing surface member comprising the second sealing surface is biased in a direction towards the first sealing surface, and wherein the exchangeable tube kit comprises a restricting member configured for restricting a movement of the second sealing surface member in the axial direction.
Hilding discloses wherein a second sealing surface member (seal ring 7, Fig. 1a) comprising the second sealing surface is biased in a direction towards the first sealing surface (wear ring 5, Fig. 1a, para. [0078]), and wherein the exchangeable tube kit comprises a restricting member (chamber 14 that surrounds the springs 8, para. [0083]) configured for restricting a movement of the second sealing surface member in the axial direction. The walls of chamber 14 within the stationary sealing emmber 6 necessarily constitute a restricting member for restricting movement of the second sealing surface member 7 in the axial direction. It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the centrifugal separator system of the combination of Penkl and Johnson with the sealing structure taught by Hilding for the purpose of sealing inlet and outlet connection of disc stack centrifugal separator (Abstract).
Regarding claim 9, the combination of Penkl, Johnson, and Hilding discloses wherein the first sealing surface is fixed in relation to the axial direction of the exchangeable separation insert (Penkl teaches that the inflow pipe 23, which carries the first sealing surface, is formed as an element that rotates with the drum, para. [0023], which means that it is integral with the inner drum and therefore fixed in relation to the axial direction of the exchangeable separation insert).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHUYI S LIU whose telephone number is (571)272-0496. The examiner can normally be reached MON - FRI 9:30AM - 2:30PM EST.
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/Shuyi S. Liu/ Examiner, Art Unit 1774
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