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 .
Response to Amendment
Upon consideration of the amended specification and claims, all previous objections thereto, as well as claim rejections under 35 U.S.C. 112(b), are hereby withdrawn. However, the amended claim language has introduced new 112(b) rejections to Claims 22-23 and 31-35, which are discussed below.
Applicant states on page 1 of the Remarks filed 05/22/2026 that the replacement specification filed 06/19/2024 contains a permissible abstract, and upon consideration thereof, the objections to the abstract for containing more than 150 words and implied phraseology are hereby withdrawn. However, the replacement abstract must be provided on a separate sheet, apart from any other text, so the abstract remains objected to.
Applicant describes on page 1 of the Remarks replacement drawings for Figures 1, 11, and 19-21; however, it is noted that no replacement drawings were provided with the filed amendment, so the objections to the drawings are maintained. Likewise, Applicant states on page 2 of the Remarks that an IDS listing the 11 references disclosed in the “Background” section of the description has been filed with the amendment, but no IDS form was provided, so the 11 references remain unconsidered unless cited by the Examiner.
Response to Arguments
Applicant's arguments filed 05/22/2026 have been fully considered but they are not persuasive.
Applicant argues on page 4-5 of the Remarks that the amended Claim 1, which incorporates subject matter from previously-presented Claim 31, is allowable because Bund, which had been relied upon in the Non-Final Rejection mailed 02/24/2026 to reject the claimed limitations, allegedly does not teach a clamping cage lid as required by the claim. Examiner respectfully disagrees. Claim 1 as currently set forth recites “a cage lid part for closing the clamping cage”; no further-limiting structure or functional language is provided. As discussed in the Non-Final Rejection (see paragraph spanning pages 20-21), the lever 73 is interpreted as the cage lid part, as it closes the clamping cage (assembly of clamping drive 7 and receiving device 3) during operation of the planetary mill ([0032] lns 8-13: the clamping position is interpreted as the clamping case being closed, as the grinding vessel cannot be removed from the receiving device when in the clamping position). As no structural features are recited which preclude the lever 73 from being interpreted as the claimed lid part, this rejection is maintained.
Regarding Applicant’s arguments on page 5 of the Remarks that neither Gouko or Bund disclose “a bracing device for bracing the grinding vessel in the clamping cage when the clamping cage is closed, wherein the bracing device is configured to provide a clamping force that acts axially with respect to the grinding cup axis”, as is recited in the amended Claim 31, Examiner respectfully disagrees. Applicant argues that the clamping force taught by Bund is applied laterally with respect to the grinding cup axis, by causing pressure body 61 to be pressed against the outer shell 52 of grinding cup 5. While this is true, Examiner notes that the recited clamping force is only defined in terms of which direction it acts upon (i.e. axially with respect to the grinding cup axis), and not in terms of which component(s) it acts upon. In the Non-Final Rejection, see paragraph spanning pages 20-21, the holding device 6 having spring rod 60 and pressure body 61 is interpreted as the bracing device. When lever 73 of Bund is moved into the clamping position (seen in Figure 7), spring rod 60 is placed in tension ([0031] lns 1-2), i.e. a force is provided in an axial direction relative to the grinding cup axis. Accordingly, this limitation of the claim is met and the rejection is therefore maintained.
Drawings
The drawings are objected to because the labels in Figure 1, in particular the subscripts, are blurry and difficult to read.
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs mentioned in the description: rounded grinding cup base 94 and shaft ends 87.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
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 22-23 and 31-34 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.
Regarding Claim 22, the scope of the limitation “wherein the second drive and the third drive are a first and/or second planetary synchronous drive” (emphasis added) is unclear. What is meant by the first and second drives being a first and/or second planetary synchronous drive? Are each of the second and third drives a first and/or second planetary synchronous drive, or is each of the first and second drives respectively a first and second planetary synchronous drive? Based on the rest of the disclosure, for examination purposes the latter interpretation will be used and this limitation will be interpreted as “wherein the second drive is a first planetary synchronous drive and/or the third drive is a second planetary synchronous drive”.
Claim 23 is rejected by virtue of its dependence upon Claim 22.
Regarding Claim 31, the limitation “the grinding cup axis” does not have antecedent basis in the claim.
Claims 32-34 are rejected by virtue of their dependence upon Claim 31.
Regarding Claim 35, the limitation “the first grinding vessel” does not have antecedent basis in the claim.
Claim Rejections - 35 USC § 103
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.
Claims 1-5, 7-10, 15-22, and 24-36 are rejected under 35 U.S.C. 103 as being unpatentable over Gouko et al., hereinafter Gouko (US 2014/0117131, provided by Applicant), in view of Bund et al., hereinafter Bund (DE 102010044254). For text citations of Bund, refer to the machine translation provided as Non-Patent Literature with the Office action mailed 02/24/2026.
Regarding Claim 1, Gouko discloses (Figures 1-2 and 11) a planetary mill (centrifugal ball mill 10) for comminuting material to be ground, comprising: a sun axis (revolution axis 12) and a carrier device (revolution arm 24) which is mounted so as to be rotatable about the sun axis ([0039] lns 3-5), and a first drive (revolution actuator 20) for rotatably driving the carrier device about the sun axis at a sun rotational speed ([0051] lns 2-6), a first planetary axis of rotation (rotation axis 14 in embodiment of Figure 11) and a first planetary grinding station (assembly of container 11, rotation gear 33 and rotation shaft 34 of rotation mechanism 15, and second rotation mechanism 61) having a first grinding vessel receiving device (container fixing member 64) for at least one grinding vessel (container 11) that can be filled with material to be ground and grinding media (crushing balls 50, see Figures 12-13), wherein the first grinding vessel receiving device together with the grinding vessel is mounted on the carrier device so as to be rotatable about the first planetary axis of rotation, eccentrically with respect to the sun axis ([0033] lns 6-8), and is carried along by the carrier device on a planetary orbit (represented by “revolution direction” arrows in Figure 2) around the sun axis when the carrier device rotates about the sun axis ([0033] lns 4-6), a second drive (rotation actuator 30) for rotatably driving the first grinding vessel receiving device together with the grinding vessel about the first planetary axis of rotation at a first planetary rotational speed ([0054] lns 1-5), wherein during operation the first planetary grinding station revolves around the sun axis on the planetary orbit together with the first grinding vessel receiving device and the grinding vessel ([0033] lns 4-6), and at the same time the first grinding vessel receiving device rotates about the first planetary axis of rotation together with the grinding vessel ([0053] lns 1-5, [0086] lns 5-6), wherein the first planetary axis of rotation at least at times extends in a skewed manner relative to the sun axis ([0082] lns 3-5).
Gouko does not disclose the first grinding vessel receiving device comprising a clamping cage in which the grinding vessel can be braced. In the same field of endeavor, Bund teaches (Figures 3-7) a planetary ball mill comprising a first grinding vessel receiving device (receiving device 3) for at least one grinding vessel (grinding cups 5) that can be filled with material to be ground and grinding media ([0035] lns 1-2), wherein the first grinding vessel receiving device comprises a clamping cage (assembly of clamping drive 7 and receiving device 3) in which the grinding vessel can be braced ([0031] lns 1-2), and wherein the clamping cage comprises the following: a cage lower part (receiving chamber 35 of receiving device 3), configured for insertion of the grinding vessel ([0029] ln 6), and a cage lid part (lever 73) for closing the clamping cage (clamping position shown in Figure 7; [0032] lns 8-13: the clamping position is interpreted as the clamping case being closed, as the grinding vessel cannot be removed from the receiving device when in the clamping position). The clamping cage configuration helps hold the grinding cup in place and thereby prevent damage thereto during operation ([0036] lns 1-7). Accordingly, 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 planetary mill disclosed by Gouko such that the first grinding vessel receiving device comprises a clamping cage in which the grinding vessel can be braced, wherein the clamping cage comprises the following: a cage lower part, configured for insertion of the grinding vessel, and a cage lid part for closing the clamping cage, as taught by Bund, in order to prevent damage to the grinding vessel due to vibrations during operation.
Regarding Claim 2, Gouko discloses (Figure 11) the first planetary axis of rotation (rotation axis 14) extends in parallel with a rotation plane of the carrier device (rotation plane of revolution arm 24 is perpendicular to revolution axis 12, as indicated by the “revolution direction” arrows in Figure 2; rotation axis 14 is also perpendicular to revolution axis 12, so the first planetary axis of revolution extends in parallel to the rotation plane of the carrier device).
Regarding Claim 3, Gouko discloses (Figure 11) the size of the grinding vessel (container 11) and the eccentric positioning of the first planetary grinding station (assembly of container 11, rotation gear 33 and rotation shaft 34 of rotation mechanism 15, and second rotation mechanism 61) with respect to the sun axis (revolution axis 12) are selected in such a way that the sun axis does not intersect an interior of the grinding vessel, or intersects it only in a peripheral edge region (clearly seen in figure).
Regarding Claim 4, Gouko does not disclose that the first drive is a sun belt drive; the rotation of the carrier device (revolution arm 24) about the sun axis (revolution axis 12) is driven by means of a drive motor (revolution actuator 20), which drives the rotation of revolution arm 24 via a set of revolution gears 21/22. Bund teaches (Figures 1-2) a planetary mill for comminuting material to be ground, comprising a sun axis (center axis 10) and a carrier device (carrier device 2) which is mounted so as to be rotatable about the sun axis ([0026] ln 4), and a first drive (drive means 4) for rotatably driving the carrier device about the sun axis at a sun rotational speed, wherein the first drive is a sun belt drive (V-belt 41 and V-belt pulley 42) for driving the rotation of the carrier device about the sun axis by means of a drive motor (motor 40). This sun belt drive performs the same function as the gear configuration of Gouko, so 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 planetary mill disclosed by Gouko such that the first drive is a sun belt drive for driving the rotation of the carrier device about the sun axis by means of a drive motor, as taught by Bund, by performing a simple substitution of the sun belt drive of Bund for the gear drive configuration of Gouko, in order to perform the same function of driving the rotation of the carrier device about the sun axis.
Regarding Claim 5, Gouko discloses (Figures 1 and 11) the second drive (rotation actuator 30) is a first planetary synchronous drive between the carrier device (revolution arm 24) and the first planetary grinding station (assembly of container 11, rotation gear 33 and rotation shaft 34 of rotation mechanism 15, and second rotation mechanism 61), wherein the first planetary synchronous drive drives the rotation of the grinding vessel receiving device (container fixing member 64) about the first planetary axis of rotation (rotation axis 14), synchronously to the rotation of the carrier device (para. [0052]-[0053] describes synchronous rotation of first planetary grinding station in embodiment of Figure 1, which is analogous to the first planetary grinding station in the embodiment of Figure 11, with the revolution arm 24).
Regarding Claim 7, Gouko is silent to a relative rotational speed ratio between the rotation of the first grinding vessel receiving device, together with the grinding vessel, about the first planetary axis of rotation, and the rotation of the carrier device about the sun axis, but does disclose that the rotational speed of the first grinding vessel receiving device (container fixing member 64) with the grinding vessel (container 11) about the first planetary axis of rotation (rotation axis 14) can be changed via the drive (rotation actuator 30; [0054] lns 1-5), and that controlling the rotation in that way allows the trajectory of crushing balls 50 within container 11 to be adjusted to accommodate different materials to be crushed or target crushing parameters ([0066] lns 1-11). Accordingly, as the Applicant has not set forth any criticality to the selection of this particular range of relative rotational speed ratios that results in an unexpected benefit, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the planetary mill disclosed by Gouko such that a relative rotational speed ratio between the rotation of the first grinding vessel receiving device, together with the grinding vessel, about the first planetary axis of rotation, and the rotation of the carrier device about the sun axis is, according to amount, in the range between 10:1 and 0.5:1, because such selection or determination would be the result of routine mechanical optimization and does not in itself warrant patentability, as one would arrive at such optimization through routine engineering practices.
Regarding Claim 8, Gouko discloses (Figures 8-9) an embodiment in which the first grinding vessel receiving device (not shown in figures) together with the grinding vessel (container 11), in addition to the revolution on the planetary orbit around the sun axis (revolution axis 12), rotates merely about one planetary axis of rotation, specifically the first planetary axis of rotation (rotation axis 14), and wherein the first planetary axis of rotation extends so as to be constantly skewed relative to the sun axis ([0076] lns 3-5).
Regarding Claim 9, Gouko discloses (Figures 8-9) the first planetary axis of rotation (rotation axis 14) is permanently transverse to a radius of the planetary orbit (represented by “revolution direction” arrows in Figure 2) of the first planetary grinding station about the sun axis (revolution axis 12; [0077] lns 1-2: rotation axis 14 is permanently inclined relative to revolution axis 12, therefore it is permanently transverse to the radius of the planetary orbit as well).
Regarding Claim 10, Gouko discloses (Figure 11) the first planetary grinding station (assembly of container 11, rotation gear 33 and rotation shaft 34 of rotation mechanism 15, and second rotation mechanism 61) is mounted, eccentrically with respect to the sun axis (revolution axis 12), so as to be rotatable about a second planetary axis of rotation (rotation axis 60) together with the first grinding vessel receiving device (container fixing member 64) and the grinding vessel (container 11); wherein a third drive ([0085] lns 1-3: the rotation actuator is interpreted as the third drive) is included for rotatably driving the first grinding vessel receiving device together with the grinding vessel about the second planetary axis of rotation at a second planetary rotational speed ([0089] lns 1-4); and wherein during operation the first grinding vessel receiving device together with the grinding vessel revolves around the sun axis on the planetary orbit ([0033] lns 4-6), and at the same time the first grinding vessel receiving device together with the grinding vessel rotates about the first and about the second planetary axes of rotation ([0089] lns 1-3: container 11 is rotated simultaneously about rotation axes 14 and 60).
Regarding Claim 15, Gouko discloses (Figure 11) the first and second planetary axes of rotation (rotation axes 14 and 60) do not extend in parallel (clearly seen in figure).
Regarding Claim 16, Gouko discloses (Figure 11) the first and second planetary axes of rotation (rotation axes 14 and 60) extend perpendicularly to one another (clearly seen in figure).
Regarding Claim 17, Gouko discloses (Figure 11) the second planetary axis of rotation (rotation axis 60) extends so as to be in parallel with and radially offset from the sun axis (revolution axis 12; [0086] lns 1-6: rotation shaft 62, through which rotation axis 60 passes, rotates about rotation axis 14; when the assembly has rotated 90 degrees about rotation axis 14 relative to the orientation shown in Figure 11, rotation axis 60 will extend in parallel with revolution axis 60 and be radially offset therefrom).
Regarding Claim 18, Gouko discloses (Figure 11) the first and second planetary axes of rotation (rotation axes 14 and 60) intersect at a point located eccentrically with respect to the sun axis (revolution axis 12), within the first planetary grinding station (clearly seen in figure).
Regarding Claim 19, Gouko discloses (Figure 11) the first grinding vessel receiving device (container fixing member 64) is suspended in a gimballed manner on the carrier device ([0086] lns 5-6, [0087] lns 3-4: container fixing member 64, which is carried by rotation shaft support member 63, is suspended such that it is rotatable about two orthogonal axes and is thus suspended in a gimballed manner).
Regarding Claim 20, Gouko discloses (Figure 11) the first grinding vessel receiving device (container fixing member 64) is mounted in a gimballed manner on the carrier device (revolution arm 24, see Figure 1) so as to be rotatable about the first and second planetary axes of rotation (rotation axes 14 and 60; [0086] lns 5-6, [0087] lns 3-4: container fixing member 64, which is carried by rotation shaft support member 63, is suspended such that it is rotatable about two orthogonal axes and is thus suspended in a gimballed manner), wherein the gimballed mounting of the first grinding vessel receiving device is arranged eccentrically with respect to the sun axis (revolution axis 12; clearly seen in figure), and wherein the first grinding vessel receiving device together with the grinding vessel (container 11) is driven so as to rotate about the first and about the second planetary axes of rotation ([0089] lns 4-5).
Regarding Claim 21, Gouko discloses (Figure 11) the first planetary grinding station (assembly of container 11, rotation gear 33 and rotation shaft 34 of rotation mechanism 15, and second rotation mechanism 61) comprises a retaining device (assembly of rotation shaft support member 63 and rotation shaft 34) having at least one first pivot bearing (roller bearings for rotation shaft 34 shown in Figure 1) for the grinding vessel receiving device (container fixing member 64), and wherein the first pivot bearing defines the first planetary axis of rotation (rotation axis 14), wherein the first planetary grinding station comprises a second planetary shaft (rotation shaft 62), and the carrier device comprises a second pivot bearing (coupling of rotation shaft 62 and rotation shaft support member 63) in the region of the first planetary grinding station, which pivot bearing defines the second planetary axis of rotation (rotation axis 60), in such a way that the first planetary grinding station is rotatably mounted in the carrier device by means of the second planetary shaft ([0087] lns 1-7), concentrically with respect to the second planetary axis of rotation, and such that the grinding vessel receiving device is mounted in a gimballed manner on the carrier device ([0086] lns 5-6, [0087] lns 3-4: container fixing member 64, which is carried by rotation shaft support member 63, is suspended such that it is rotatable about two orthogonal axes and is thus suspended in a gimballed manner), eccentrically with respect to the sun axis (revolution axis 12), and, during operation, is driven so as to rotate about the first and the second planetary axes of rotation ([0089] lns 4-5).
Regarding Claim 22, Gouko discloses (Figures 1 and 11) the second drive (rotation actuator 30) is a first planetary synchronous drive for the grinding vessel receiving device (container fixing member 64), wherein the first planetary synchronous drive drives the rotation of the grinding vessel receiving device about the first planetary axis of rotation (rotation axis 14), synchronously to the rotation of the carrier device (para. [0052]-[0053] describes synchronous rotation of first planetary grinding station in embodiment of Figure 1, which is analogous to the first planetary grinding station in the embodiment of Figure 11, with the revolution arm 24).
Examiner note: regarding the limitation “the third drive [is] a…second planetary synchronous drive…and/or the second planetary synchronous drive drives the rotation of the grinding vessel receiving device about the second planetary axis of rotation, synchronously to the rotation of the carrier device”, the inclusion of the phrase “and/or” indicates that the second planetary synchronous drive is not necessary to meet all the requirements of the claim.
Regarding Claim 24, Gouko discloses (Figure 11) a rotational speed ratio between the rotation of the first grinding vessel receiving device (container fixing member 64), together with the grinding vessel (container 11), about the first planetary axis of rotation (rotation axis 14), and about the second planetary axis of rotation (rotation axis 60), is, according to amount, in the range between 10:1 and 0.1:1 ([0089] lns 1-5: the rotational speed ratio is 1:1, which is within the claimed range).
Examiner note: regarding the limitation “a relative rotational speed ratio between the rotation of the first grinding vessel receiving device, together with the grinding vessel, about the second planetary axis of rotation, and the rotation of the carrier device about the sun axis, is, according to amount, in the range between 25:1 and 0.5:1”, the inclusion of the phrase “and/or” indicates that this feature is not necessary to meet all the requirements of the claim.
Regarding Claim 25, Gouko discloses (Figures 1-2 and 11) a second, third, fourth and/or further planetary grinding stations (assembly of container 11, rotation gear 33 and rotation shaft 34 of rotation mechanism 15, and second rotation mechanism 61; [0101] lns 1-5: the depicted embodiments each have two planetary grinding stations, but more than two may also be used), which are arranged on the planetary orbit and are constructed identically to the first planetary grinding station (clearly seen in Figures 1-2) and are in each case driven so as to rotate about their own first and/or second planetary axis of rotation (rotation axes 14 and 60).
Regarding Claim 26, Gouko discloses (Figures 11-13) the planetary mill (centrifugal ball mill 10) has at least the following structural and dynamic parameters: a sun radius, defined as the eccentric offset of a center point of the first planetary grinding station with respect to the sun axis (distance between revolution axis 12 and rotation axis 60); a planetary internal radius, defined as an internal radius of an interior for pouring in the material to be ground and the grinding media (distance between container center axis 11a and inner periphery face 11b of container 11); a ratio of the sun radius to the planetary internal radius (ratio of two aforementioned distances); the sun rotational speed ([0051] lns 2-6: revolution arm 24 is driven to rotate about revolution axis 12, i.e. the sun axis, at a given sun rotational speed); the first planetary rotational speed ([0054] lns 1-5); a second planetary rotational speed ([0089] lns 4-5: rotation speed about rotation axis 60 is interpreted as the second planetary rotational speed); a ratio of the first planetary rotational speed to the sun rotational speed (ratio of aforementioned sun rotational speed with rotational speed about rotation axis 14); and/or a ratio of the second planetary rotational speed to the sun rotational speed (ratio of aforementioned sun rotational speed with rotational speed about rotation axis 60), wherein the design and dynamic parameters of the planetary mill are selected such that, during operation, the material to be ground and provided grinding media (grinding balls 50) sometimes detach from an inside wall of the grinding vessel (inner periphery face 11b, top 11c, and bottom 11d), move through the interior of the grinding vessel, and strike against the inside wall of the grinding vessel again (para. [0092]-[0093] discuss the movement trajectory of the grinding balls 50).
Regarding Claim 27, Gouko discloses (Figures 11-13) the eccentric offset of the first planetary grinding station (assembly of container 11, rotation gear 33 and rotation shaft 34 of rotation mechanism 15, and second rotation mechanism 61) with respect to the sun axis (revolution axis 12) defines a sun radius between the sun axis and a center point of the planetary grinding station (distance between revolution axis 12 and rotation axis 60), and the grinding vessel (container 11) defines an interior for pouring in the material to be ground and the grinding media (crushing balls 50), and the interior defines a planetary internal radius (distance between container center axis 11a and inner periphery face 11b). Gouko does not explicitly disclose a ratio of the planetary internal radius to the sun radius, but based on the provided figures (in particular Figures 1 and 2, which depict the entire centrifugal ball mill 10), a ratio of the two radii appears to be approximately 1:5.5, which falls within the claimed range of 1:0.5 to 1:10, so this limitation of the claim is met.
Regarding Claim 28, Gouko discloses (Figures 11-13) the grinding vessel (container 11) comprises a cylindrical, spherical or elliptical interior for pouring in the material to be ground and the grinding media (grinding balls 50), and/or has a cylindrical external shape ([0048] lns 3-4: container 11 has a cylindrical external shape and a cylindrical interior).
Examiner note: regarding the limitation “the grinding vessel comprises a grinding cup and a grinding cup lid which is detachable from the grinding cup”, the inclusion of the phrase “and/or” indicates that this feature is not necessary to meet all the requirements of the claim.
Regarding Claim 29, Gouko discloses (Figure 11) the first grinding vessel receiving device (container fixing member 64) is configured so that different grinding vessels (container 11) can be exchangeably inserted into the first grinding vessel receiving device (container fixing member 64; [0087] lns 5-7: container 11 is inserted into container fixing member 64, implying that container fixing member 64 is capable of receiving different containers 11 exchangeably), but is silent to the structural details of the grinding vessels and grinding vessel receiving device beyond their respective cylindrical shapes. Bund teaches (Figures 3-7) a planetary ball mill comprising a first grinding vessel receiving device (receiving device 3) for at least one grinding vessel (grinding cups 5) that can be filled with material to be ground and grinding media ([0035] lns 1-2), wherein each of the grinding vessels comprise a grinding cup (inner/outer shells 51/52) and a grinding cup lid (lid 53) that can be detached from the grinding cup in order to be able to pour the material to be ground into the grinding cup and remove it therefrom ([0035] lns 1-2: lid 53 is closed after the grinding cup is filled, therefore it must be open, i.e. detached from the inner/outer shells 51/52, while the grinding cup is being filled), and wherein the first grinding vessel receiving device comprises a bracing device (holding device 6 having spring rod 60 and pressure body 61), in order to brace the grinding cup, closed by the grinding cup lid, in the first grinding vessel receiving device for the grinding process ([0029] lns 10-12). The bracing device helps hold the grinding cup in place and thereby prevent damage thereto during operation ([0036] lns 1-7). Accordingly, and as the grinding vessel structure is known from the art, 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 planetary mill disclosed by Gouko such that the grinding vessels comprise a grinding cup and a grinding cup lid that can be detached from the grinding cup in order to be able to pour the material to be ground into the grinding cup and remove it therefrom, and the first grinding vessel receiving device comprises a bracing device, in order to reliably brace the grinding cup, closed by the grinding cup lid, in the first grinding vessel receiving device for the grinding process, as taught by Bund, in order to prevent damage to the grinding vessel due to vibrations during operation.
Regarding Claim 30, Gouko discloses (Figure 11) the first grinding station (assembly of container 11, rotation gear 33 and rotation shaft 34 of rotation mechanism 15, and second rotation mechanism 61) comprises a retaining device (rotation shaft support member 63) and a first planetary shaft (rotation shaft 34), on which the first grinding vessel receiving device (container fixing member 64) is fastened (via rotation shaft 62) and by means of which the first grinding vessel receiving device is rotatably mounted in the retaining device ([0086] lns 3-6), wherein the grinding vessel (container 11) can be inserted into the grinding vessel receiving device and be braced therein ([0087] lns 5-7), and wherein the first grinding vessel receiving device together with the grinding vessel braced therein can rotate in the retaining device ([0033] lns 6-8, [0086] lns 5-6, [0087] lns 4-6: container 11 is braced within container fixing member 64, which is mounted within rotation shaft support member 63, and the entire assembly rotates about rotation axis 14), driven at the first planetary rotational speed ([0054] lns 1-5).
Regarding Claim 31, with reference to the combination of Gouko and Bund of Claim 1, Bund teaches (Figures 3-7) the clamping cage (assembly of clamping drive 7 and receiving device 3) further comprises: a bracing device (holding device 6 having spring rod 60 and pressure body 61) for bracing the grinding vessel (grinding cup 5) in the clamping cage when the clamping cage is closed ([0031] lns 1-2: clamping drive 7 tensions spring rod 60 of holding device 6 to brace the grinding cup 5 in the receiving device 3 when the lever 73 is in the clamping position shown in Figure 7), wherein the bracing device is configured to provide a clamping force that acts axially with respect to the grinding cup axis (planetary axis 30, see Figure 1; [0031] lns 1-2: when lever 73 is in the clamping position, spring rod 60 is placed in tension, i.e. a force is provided in an axial direction relative to planetary axis 30).
Regarding Claim 32, with reference to the combination of Gouko and Bund of Claim 31, Bund teaches (Figures 6-7) the cage lid part (lever 73) can be detachably fastened to the cage lower part (receiving chamber 35 of receiving device 3; [0032] lns 8-13: lever 73 is fastened to receiving device 3 via locking device 8, and is detachable therefrom to assume the release position).
Regarding Claim 33, with reference to the combination of Gouko and Bund of Claim 31, Bund teaches (Figures 4-7) the cage lid part (lever 73) and the cage lower part (receiving chamber 35 of receiving device 3) comprise a closure (locking device 8), and the cage lid part is fastened to the cage lower part by the closure during operation of the planetary mill ([0032] lns 11-13).
Regarding Claim 34, Gouko is silent to the structural details of the grinding vessel beyond its cylindrical shape. Bund teaches (Figures 5-7) the grinding vessel (grinding cup 5) comprises a grinding cup (inner/outer shells 51/52) having a grinding cup axis (planetary axis 30, see Figure 1), and a grinding cup lid (lid 53) which can be detached from the grinding cup, in order to be able to pour material to be ground into the grinding cup and remove it therefrom ([0035] lns 1-2: lid 53 is closed after the grinding cup is filled, therefore it must be open, i.e. detached from the inner/outer shells 51/52, while the grinding cup is being filled), and wherein the grinding cup lid can be braced axially against the grinding cup by means of the bracing device (holding device 6 having spring rod 60 and pressure body 61), when the grinding vessel is inserted into the clamping cage ([0029] lns 10-12, [0036] lns 1-5). This is a known configuration for a grinding vessel, and has the advantage of resisting vibrations during operation to avoid damage to the grinding vessel ([0036] lns 1-6). Accordingly, 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 grinding vessel of the planetary mill disclosed by Gouko such that it comprises a grinding cup having a grinding cup axis, and a grinding cup lid which can be detached from the grinding cup, in order to be able to pour material to be ground into the grinding cup and remove it therefrom, and wherein the grinding cup lid can be braced axially against the grinding cup by means of the bracing device, when the grinding vessel is inserted into the clamping cage, as taught by Bund, as this is a known configuration for a grinding vessel for a planetary mill which is able to resist vibrations and consequent damage during operation.
Regarding Claim 35, with reference to the combination of Gouko and Bund of Claim 29, Bund teaches (Figures 5-7) the bracing device (holding device 6 having spring rod 60 and pressure body 61) exerts a clamping force on the first grinding vessel (grinding cup 5), which force acts perpendicularly to a first planetary shaft (shaft extending through belt pulley 45, shown in Figure 3; [0031] lns 1-6: when clamping drive 7 is in the clamping position, shown in Figure 7, spring rod 60 is tensioned and caused to bend around pressure body 61, thereby exerting a clamping force on outer shell 52 of grinding cup 5 in a direction perpendicular to the shaft extending through belt pulley 45).
Regarding Claim 36, Gouko discloses (Figures 1-2) a planetary mill (centrifugal ball mill 10) for comminuting material to be ground, comprising: a sun axis (revolution axis 12); a carrier device (revolution arm 24) mounted so as to be rotatable about the sun axis ([0039] lns 3-5); a planetary grinding station (assembly of container 11 and swing mechanism 17) including a grinding vessel receiving device (container fixing member 43) configured to receive at least one grinding vessel (container 11), the grinding vessel receiving device being mounted on the carrier device so as to be rotatable about a first planetary axis of rotation (rotation axis 14); a second planetary axis of rotation (center axis 11a) about which the grinding vessel receiving device is rotatable (when the container 11 is in the orientation shown in Figure 1, it is rotating about both rotation axis 14 and center axis 11a); and a first drive (rotation mechanism 15 including rotation actuator 30 and rotation gears 31/32/33) configured to rotatably drive the grinding vessel receiving device about the first planetary axis of rotation ([0054] lns 1-5), and wherein the first drive comprises a horizontal drive toothed gear (rotation gear 33) which is arranged coaxially to the second planetary axis of rotation and is connected to the carrier device (clearly seen in Figure 1).
Gouko does not disclose that the drive is a toothed belt drive comprising a horizontal drive toothed belt pulley; the disclosed drive uses meshing gears (rotation gears 31/32/33) to transmit rotational movement from the rotation actuator 30 to the grinding vessel receiving device to rotate about the first. In the same field of endeavor, Bund teaches (Figure 1) a planetary mill for comminuting material to be ground, comprising: a sun axis (center axis 10); a carrier device (carrier device 2) mounted so as to be rotatable about the sun axis ([0026] ln 4); a planetary grinding station including a grinding vessel receiving device (receiving device 3) configured to receive at least one grinding vessel (grinding cup 5), the grinding vessel receiving device being mounted on the carrier device so as to be rotatable about a first planetary axis of rotation (planetary axis 30); and a first toothed belt drive (drive means 4) configured to rotatably drive the grinding vessel receiving device about the first planetary axis of rotation ([0028] lns 1-5: the “derived drive” drives the rotation of receiving device 3 about axis 30), and wherein the first toothed belt drive comprises a horizontal drive toothed belt pulley (toothed belt pulley 45) which is arranged coaxially to the first planetary axis of rotation and is connected to the carrier device (clearly seen in Figure 1). This toothed belt drive performs the same function as the gear configuration of Gouko, so 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 planetary mill disclosed by Gouko such that the first drive is a first toothed belt drive comprising a horizontal drive toothed belt pulley which is connected to the carrier device, as taught by Bund, by performing a simple substitution of the toothed belt drive of Bund for the gear drive configuration of Gouko, in order to perform the same function of driving the rotation of the grinding vessel receiving device about the first planetary axis of rotation.
Examiner note: when the combination of Gouko and Bund is made, the toothed belt pulley 45 of Bund will be arranged where the rotation gear 33 of Gouko is, and therefore will be arranged coaxially with center axis 11a, i.e. the second planetary axis of rotation, when the planetary mill is in the position shown in Figure 1 of Gouko.
Claims 6, 11-12, 14, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Gouko in view of Bund as applied to Claims 1, 10, and 22, respectively, above, and further in view of Baer et al., hereinafter Baer (DE 102006018325). For text citations of Baer, refer to the machine translation provided as Non-Patent Literature provided with the Office action mailed 02/24/2026.
Regarding Claim 6, Gouko does not disclose that the first planetary synchronous drive is configured as a toothed belt drive; rather, the disclosed first planetary synchronous drive uses gears 31/32/33 to drive the rotation of the grinding vessel receiving device synchronously to the rotation of the carrier device, of which gear 33 is perpendicular to gears 31/32 to drive rotation of the grinding vessel receiving device about rotation axis 14, which is perpendicular to revolution axis 12 (see para. [0052]-[0053]). In the same field of endeavor, Baer teaches (Figures 3-7) a planetary mill ([0001] lns 1-2) comprising a sun axis (central axis 24) and a carrier device (carrier device 2) which is mounted so as to be rotatable about the sun axis ([0054] ln 3), a first axis of rotation (axis through threaded spindle 74) perpendicular to the sun axis about which an element (threaded spindle 74) is driven to rotate ([0055] ln 7), and a first synchronous drive (drive 6) between the carrier device and the element, wherein the first synchronous drive drives the rotation of the element about the first axis of rotation synchronously to the rotation of the carrier device ([0055] lns 4-7: as carrier device 2 rotates, drive 6 causes spindle 74 to rotate as well), wherein the first synchronous drive is configured as a first toothed belt drive ([0053] lns 1-13) and comprises a drive toothed belt pulley (toothed belt pulley 65) and an output toothed belt pulley (pulley 73), wherein the drive toothed belt pulley is rigidly connected to a sun axis end (upper end 64 of drive shaft 61 which extends through center of central axis 24), wherein during rotation of the carrier device, the output toothed belt pulley is carried along by the carrier device on a planetary orbit around the sun axis and is thereby caused to rotate by the first toothed belt drive ([0055] lns 4-7: by nature of pulley 73 being arranged on carrier device 2 eccentric to drive shaft 61, as seen in Figure 7, as carrier device 2 rotates, pulley 73 will be carried in a planetary orbit around drive shaft 61/central axis 24, and the relative rotation between drive shaft 61 with pulley 65 attached thereto and carrier device 2 causes toothed belt 66 to move and therefore rotate pulley 73). This synchronous drive performs the same function as the first planetary synchronous drive disclosed by Gouko, i.e. driving an element to rotate about an axis perpendicular to the sun axis synchronously with the rotation of the carrier device. Accordingly, 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 first planetary synchronous drive in the planetary mill disclosed by Gouko and modified by Bund such that it is configured as a first planetary toothed belt drive and comprises a drive toothed belt pulley and an output toothed belt pulley, wherein the drive toothed belt pulley is rigidly connected to a sun axis end, wherein during rotation of the carrier device, the output toothed belt pulley is carried along by the carrier device on a planetary orbit around the sun axis and is thereby caused to rotate by the first planetary toothed belt drive, as taught by Baer, as this is a known configuration for a synchronous drive in a planetary mill.
Regarding Claim 11, Gouko does not disclose that the second drive for rotatably driving the first grinding vessel receiving device about the first planetary axis of rotation is configured as a toothed belt drive; rather, the disclosed drive uses gears 31/32/33, of which gear 33 is perpendicular to gears 31/32, to drive the rotation of the grinding vessel receiving device about rotation axis 14, which is perpendicular to revolution axis 12 (see para. [0052]-[0053]). In the same field of endeavor, Baer teaches (Figures 3-7) a planetary mill ([0001] lns 1-2) comprising a sun axis (central axis 24), a first axis of rotation (axis through threaded spindle 74) perpendicular to the sun axis about which an element (threaded spindle 74) is driven to rotate ([0055] ln 7), and a drive (drive 6) for rotatably driving the element about the first axis of rotation at a first rotational speed ([0055] lns 4-7), wherein the drive for rotatably driving the element about the first axis of rotation at the first rotational speed is configured as a first toothed belt drive ([0053] lns 1-13). This toothed belt drive performs the same function as the gear drive configuration disclosed by Gouko, i.e. driving an element to rotate about an axis perpendicular to the sun axis. Accordingly, 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 second drive for rotatably driving the first grinding vessel receiving device together with the grinding vessel about the first planetary axis of rotation at the first planetary rotational speed in the planetary mill disclosed by Gouko and modified by Bund such that it is configured as a first toothed belt drive, as taught by Baer, as this is a known configuration for driving rotation of a grinding vessel in a planetary mill.
Examiner note: regarding the limitation “the third drive for rotatably driving the first grinding vessel receiving device together with the grinding vessel about the second planetary axis of rotation at the second planetary rotational speed is configured as a second toothed belt drive”, the inclusion of the phrase “and/or” indicates that this feature is not necessary to meet all the requirements of the claim.
Regarding Claim 12, with reference to the combination of Gouko, Bund, and Baer of Claim 11, Baer teaches (Figures 3-7) the first toothed belt drive (drive 6) comprises at least one deflection roller (deflection pulleys 71/72) and is configured as a restricted toothed belt drive (toothed belt 66).
Regarding Claim 14, with reference to the combination of Gouko, Bund, and Baer of Claim 11, Baer teaches (Figures 3-7) the first toothed belt drive (drive 6) comprises a horizontal drive toothed belt pulley (toothed belt pulley 65), a vertical output toothed belt pulley (pulley 73), and a restricted toothed belt (toothed belt 66).
Regarding Claim 23, Gouko does not disclose that the first planetary synchronous drive is configured as a toothed belt drive; rather, the disclosed first planetary synchronous drive uses gears 31/32/33 to drive the rotation of the grinding vessel receiving device synchronously to the rotation of the carrier device, of which gear 33 is perpendicular to gears 31/32 to drive rotation of the grinding vessel receiving device about rotation axis 14, which is perpendicular to revolution axis 12 (see para. [0052]-[0053]). In the same field of endeavor, Baer teaches (Figures 3-7) a planetary mill ([0001] lns 1-2) comprising a sun axis (central axis 24) and a carrier device (carrier device 2) which is mounted so as to be rotatable about the sun axis ([0054] ln 3), a first axis of rotation (axis through threaded spindle 74) perpendicular to the sun axis about which an element (threaded spindle 74) is driven to rotate ([0055] ln 7), and a first synchronous drive (drive 6) between the carrier device and the element, wherein the first synchronous drive drives the rotation of the element about the first axis of rotation synchronously to the rotation of the carrier device ([0055] lns 4-7: as carrier device 2 rotates, drive 6 causes spindle 74 to rotate as well), wherein the first synchronous drive is configured as a first toothed belt drive ([0053] lns 1-13) and comprises a drive toothed belt pulley (toothed belt pulley 65) and an output toothed belt pulley (pulley 73), wherein the drive toothed belt pulley is rigidly connected to the carrier device ([0053] lns 9-11), wherein during rotation of the element by means of the first toothed belt drive the rotation of the element about the first axis of rotation is driven ([0055] lns 4-7: threaded spindle 74 is driven to rotate by toothed belt 66 of drive 6). This synchronous drive performs the same function as the first planetary synchronous drive disclosed by Gouko, i.e. driving an element to rotate about an axis perpendicular to the sun axis synchronously with the rotation of the carrier device. Accordingly, 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 first planetary synchronous drive in the planetary mill disclosed by Gouko and modified by Bund such that it is configured as a first planetary toothed belt drive and comprises a drive toothed belt pulley and an output toothed belt pulley, wherein the drive toothed belt pulley is rigidly connected to the carrier device, wherein during rotation of the first planetary grinding station by means of the first planetary toothed belt drive the rotation of the grinding vessel receiving device together with the grinding vessel about the first planetary axis of rotation is driven, as taught by Baer, as this is a known configuration for a synchronous drive in a planetary mill.
Examiner note: regarding the limitation “wherein the second planetary synchronous drive is configured as a second planetary toothed belt drive…and as a result the first planetary grinding station is caused to rotate by the second planetary toothed belt drive”, the inclusion of the phrase “and/or” indicates that this feature is not necessary to meet all the requirements of the claim.
Allowable Subject Matter
Claim 13 is 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.
The following is a statement of reasons for the indication of allowable subject matter: prior art fails to teach, alone or in combination, a planetary mill comprising a sun axis, a first planetary grinding station having a first grinding vessel receiving device for at least one grinding vessel that is mounted so as to be rotatable about a first planetary axis of rotation and a second planetary axis of rotation, a second drive for rotatably driving the first grinding vessel receiving device together with the grinding vessel about the first planetary axis of rotation at a first planetary rotational speed, wherein the first planetary axis of rotation at least at times extends in a skewed manner relative to the sun axis, wherein the second drive is configured as a first toothed belt drive, wherein the first toothed belt drive comprises a horizontal drive toothed belt pulley which is arranged coaxially to the second planetary axis of rotation and is connected to the carrier device, together with the other limitations of the claim. In the combination of Gouko, Bund, and Baer, the horizontal drive pulley (Baer toothed belt pulley 65) is arranged coaxially to the sun axis (Baer central axis 24/Gouko revolution axis 12), and could not be modified to be coaxial to the second planetary axis of rotation (Gouko rotation axis 60), as the drive 6 of Baer would not be able to function without pulley 65 coaxial to the sun axis.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA A GUTHRIE whose telephone number is (571)270-5042. The examiner can normally be reached M/Tu/Th, 10-6 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TERESA A GUTHRIE/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
Prosecution Insights