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 with traverse of Group I and Species B in the reply filed on 4/15/2026 is acknowledged. The traversal is on the ground(s) that Clause does not disclose an oscillating first fluid and therefore the claims 1 and 14 possess unity of invention. This is not found persuasive because as evidenced by the rejection of claim 1 below, the technical features of claim 1 is not a special technical feature as it does not make a contribution over the prior art; and therefor there is a lack of unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
Applicant alleges claims 1-11 and 13 read on the elected species B of figure 5. However, claim 11 is further identified as reading on a non-elected Species, in particular, the second supply device is provided and configured to carry the second fluid as a (quasi) stationary flow into the mixing chamber or comprising an outlet opening and means to cause an oscillation is not shown or described in Species B of figure 5. Claim 13 is further identified as reading on a non-elected Species, in particular, the second mixing chamber (20’) is shown in figure 6. Accordingly claims 11 and 13 are withdrawn to a non-elected species embodiment.
Claims 1-10 are taken up for examination upon the elected invention and species. Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/15/2026.
Claim Objections
Claim 3 is objected to because of the following informalities: in lines 3 and 4, “on the one hand” should be deleted. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The limitation in claim 1, “at least one means for specifically changing the direction of the first fluid that flows through the fluidic component, in order to cause an oscillation in space of said fluid at the outlet opening” is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 3, 4 and 10 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 3 recited the limitation, “the first fluid flow direction and the second fluid flow direction enclose an angle of 0° to 90°” in lines 5-6. It is unclear how the angle is measured if the first fluid flow direction is in multiple directions, as explained in claim 1, due to the means for changing the direction of the first fluid.
Regarding claim 3, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation an angle of 0° to 90°, and the claim also recites “preferably 35° to 55°” which is the narrower statement of the range/limitation, and the claim also recites “particularly, preferably 45°” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 4, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 4 recites the broad recitation “30° to 150°”, and the claim also recites “preferably 90°” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 10 recites the limitation "the flow chamber" in line 3. There is insufficient antecedent basis for this limitation in the 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) 1-4 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yap (U.S. Patent No. 5,456,594).
Regarding claim 1, Yap discloses a device for mixing fluids and for producing a fluid mixture (abstract; apparatus 10), comprising
a mixing chamber (burner 12) having a first inlet opening via which a first fluid can be introduced into the mixing chamber (central oxidant passageway 14), a second inlet opening via which a second fluid can be introduced into the mixing chamber (annular fuel passageway 16), and an outlet opening via which the fluid mixture comprising the first fluid and the second fluid can be discharged (intermixing fuel and oxidant jets 18 and 20 at exit of burner 12),
a first supply device, which is fluidically connected to the mixing chamber via the first inlet opening and is configured to carry the first fluid along a first fluid flow direction into the mixing chamber (fluidic oscillator 26), and
a second supply device, which is fluidically connected to the mixing chamber via the second inlet opening and is configured to carry the second fluid along a second fluid flow direction into the mixing chamber (fluidic oscillator 24),
wherein the first supply device comprises a fluidic component (fluidic oscillator 26 with same part as described in figure 2; column 3, lines 29-42), comprising
an outlet opening, which is fluidically connected to the first inlet opening of the mixing chamber (figure 1, tube outlet connecting fluidic oscillator 24 to passageway 14; see outlet arrow on right end in figure 2), and
at least one means for specifically changing the direction of the first fluid that flows through the fluidic component, in order to cause an oscillation in space of said fluid at the outlet opening (figure 2, feed back loop 32 and 34, pulsations 36; column 3, lines 29-42).
Regarding claim 2, Yap discloses wherein the fluidic component comprises a flow chamber through which the first fluid can flow (figure 2; column 3, lines 29-42) and which comprises a main flow channel, which interconnects an inlet opening of the fluidic component and the outlet opening thereof (figure 2, duct 35), and at least one auxiliary flow channel as the means for specifically changing the direction of the first fluid (figure 2, feedback loop 32 and 34; column 3, lines 29-42).
Regarding claim 3, Yap discloses wherein the first supply device and the first inlet opening of the mixing chamber on the one hand, and the second supply device and the second inlet opening of the mixing chamber on the other hand, are arranged relative to one another in such a way that the first fluid flow direction and the second fluid flow direction enclose an angle of 0° to 90°, preferably of 35° to 55°, particularly preferably of 45° (see figure 1, first supply and inlet from 24 enters horizontally, second supply and inlet from 24 enters vertically to form an angle of 90°).
Regarding claim 4, Yap discloses wherein the means for specifically changing the direction of the first fluid is configured to bring about an oscillation of the first fluid in an oscillation plane (figure 2, pulsation 36), and in that the second supply device and the second inlet opening of the mixing chamber are arranged in such a way that the second fluid flow direction and the oscillation plane of the first fluid enclose an angle, in a plane transverse to the first fluid flow direction, of 30° to 150°, preferably 90° (figure 1, second supply and inlet from 24 enters passageway 16 vertically at an angle of 90° to pulsations plane of 26).
Regarding claim 10, Yap discloses wherein the mixing chamber is of a volume that is greater than the volume of the fluidic component or of the flow chamber of the fluidic component (figure 1, burner 12 larger than fluidic oscillator 26).
Claim(s) 1 and 3-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chow (U.S. Patent No. 7,247,274).
Regarding claim 1, Chow discloses a device for mixing fluids and for producing a fluid mixture (figures 4 and 5), comprising
a mixing chamber (figure 4, area 406; figure 5, area 506) having a first inlet opening via which a first fluid can be introduced into the mixing chamber (figure 4, opening where channel 402 connects to area 406; figure 5, opening where channel 502 connects to area 506), a second inlet opening via which a second fluid can be introduced into the mixing chamber (figure 4, opening where channel 404 connects to area 406; figure 5, opening where channel 504 connects to area 506), and an outlet opening via which the fluid mixture comprising the first fluid and the second fluid can be discharged (figure 4, bottom channel not labeled, figure 5, bottom channel not labeled),
a first supply device, which is fluidically connected to the mixing chamber via the first inlet opening and is configured to carry the first fluid along a first fluid flow direction into the mixing chamber (figure 4, channel 402; figure 5, channel 502), and
a second supply device, which is fluidically connected to the mixing chamber via the second inlet opening and is configured to carry the second fluid along a second fluid flow direction into the mixing chamber (figure 4, channel 404; figure 5, channel 504),
wherein the first supply device comprises a fluidic component (figure 4, channel 402; figure 5, channel 502; column 12, lines 37-38), comprising
an outlet opening, which is fluidically connected to the first inlet opening of the mixing chamber (figure 4, opening where channel 402 connects to area 406; figure 5, opening where channel 502 connects to area 506), and
at least one means for specifically changing the direction of the first fluid that flows through the fluidic component, in order to cause an oscillation in space of said fluid at the outlet opening (column 12, lines 22-50).
Regarding claim 3, Chow discloses wherein the first supply device and the first inlet opening of the mixing chamber on the one hand, and the second supply device and the second inlet opening of the mixing chamber on the other hand, are arranged relative to one another in such a way that the first fluid flow direction and the second fluid flow direction enclose an angle of 0° to 90°, preferably of 35° to 55°, particularly preferably of 45° (see figure 4, first supply and inlet from 402 enters vertically, second supply and inlet from 404 enters horizontally to form an angle of 90°; see figure 5, first supply and inlet from 502 enters vertically, second supply and inlet from 504 enters horizontally to form an angle of 90°).
Regarding claim 4, Chow discloses wherein the means for specifically changing the direction of the first fluid is configured to bring about an oscillation of the first fluid in an oscillation plane (column 12, lines 22-50), and in that the second supply device and the second inlet opening of the mixing chamber are arranged in such a way that the second fluid flow direction and the oscillation plane of the first fluid enclose an angle, in a plane transverse to the first fluid flow direction, of 30° to 150°, preferably 90° (figure 4, second supply and inlet from 404 enters horizontally at an angle of 90° to first fluid direction which is vertical; figure 5, second supply and inlet from 504 enters horizontally at an angle of 90° to first fluid direction which is vertical; column 12, lines 22-50 oscillation plane orthogonal to direction of fluid flow).
Regarding claim 5, Chow discloses wherein the mixing chamber has a longitudinal axis which extends along the first fluid flow direction, and in that the cross-sectional area of the mixing chamber, which is defined transversely to the longitudinal axis, changes along the longitudinal axis (figure 4, microchannel region 406 cross section different than microchannel region 408 cross section; figure 5, microchannel region 506 cross section different than microchannel region cross section at middle, below inlet from 504).
Regarding claim 6, Chow discloses wherein the cross-sectional area increases, proceeding from the first inlet opening of the mixing chamber in an upstream end portion of the mixing chamber forming an inlet channel (figure 4, area 406; figure 5, area 506), with increasing distance from the first inlet opening, and/or wherein the cross-sectional area reduces in a downstream end portion of the mixing chamber forming an outlet channel, with increasing distance from the first inlet opening (figure 4, microchannel cross section increases from 402 entrance to 406 area to 408 area, then reduces to outlet; see figure 5).
Regarding claim 7, Chow discloses wherein the means for specifically changing the direction of the first fluid is configured to bring about an oscillation of the first fluid in an oscillation plane (column 12, lines 22-50, transverse oscillation plane), and in that the extension of the mixing chamber in the oscillation plane and transversely to the longitudinal axis, proceeding from the first inlet opening of the mixing chamber, in the inlet channel, increases with increasing distance from the first inlet opening, or in that the extension of the mixing chamber in the oscillation plane and transversely to the longitudinal axis in the outlet channel decreases with increasing distance from the first inlet opening (figure 4, microchannel cross section increases from 402 entrance to 406 area to 408 area, then reduces to outlet; see figure 5).
Regarding claim 8, Chow discloses wherein the second inlet opening of the mixing chamber is offset, relative to the first inlet opening of the mixing chamber, along the longitudinal axis of the mixing chamber, and is provided inside the inlet channel (figure 4, channel 404 enters into area 406; figure 5, channel 504 enters into area 506).
Regarding claim 9, Chow discloses wherein the distance between the first and the second inlet opening along the longitudinal axis corresponds to at least half the width of the first inlet opening of the mixing chamber, wherein the width is defined in parallel with the oscillation plane and transversely to the longitudinal axis (see figure 4, distance from 402 entrance to 404 entrance at least half the width of 402 opening; see figure 5, distance from 502 entrance to 504 entrance at least half the width of 502 opening).
Regarding claim 10, Chow discloses wherein the mixing chamber is of a volume that is greater than the volume of the fluidic component or of the flow chamber of the fluidic component (see figure 4, area in 406 and 408 greater than 402; see figure 5, area in 506 and rest of mixing area greater than 502; column 12, lines 13-21 (volume of fluidic component capable to be controlled).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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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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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774
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