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 .
Failure to Comply with 37 CFR 1.121(c)
It is noted that applicant did not accurately mark up the amendment to claim 25.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 27 is 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. The “rotary mixing element” recitation of the dependent claim 27 contradicts the “static” requirement of independent claim 1 from which claim 27 ultimately depends.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 27 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. While, as explained above, it is unclear what is being claimed, to the extent understood there is no support in the application as originally filed for a mixing element being both static as required by the independent claim and rotary as recited in the further limitations of dependent claim 27.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4, 5, 12, 16-25, 27, 29 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ter Braak (US 3,949,970):
Regarding claim 1, Ter Braak discloses a pipe segment comprising a pipe body (1, 11, 4, 4’,12,13) comprising an exterior surface (an outer surface of 11), a main inlet portion (4’), a main outlet portion (4), a secondary inlet portion (12) and a secondary outlet portion (13), the pipe body defining a main chamber (interior of 1) extending from the main inlet portion to the main outlet portion, the pipe body further defining a secondary chamber (between 1 and 11) between the exterior surface and the main chamber and extending from the secondary inlet portion to the secondary outlet portion; and a mixing element (at least one of 7,8,9, and 10) disposed within the main chamber of the pipe body such that the main chamber and the mixing element form a static mixing chamber.
Regarding claim 2, the pipe segment comprises a nozzle and the pipe body comprises a nozzle body (see Fig. 3).
Regarding claim 4, the secondary inlet portion is disposed proximate to the main inlet portion or along the exterior surface between the main inlet portion and the main outlet portion and the secondary outlet portion is disposed proximate to the main inlet portion or along the exterior surface between the main inlet portion and the main outlet portion (see Fig. 3).
Regarding claim 5, the main inlet portion comprises a main inlet orifice providing access to the main chamber (see Fig. 3).
Regarding claim 12, the pipe body is elongated from the main inlet portion to the main outlet portion (see Fig. 3).
Regarding claim 16, the main inlet portion comprises a main inlet orifice providing access to the main chamber and the main outlet portion comprises a main outlet orifice extending from the main chamber to the exterior surface such that the main inlet orifice, the main chamber and the main outlet orifice are along a longitudinal axis of the pipe body (see Fig. 3).
Regarding claim 17, the pipe body defines a bore along the longitudinal axis through the main inlet orifice, the main chamber and the main outlet orifice (see Fig. 3).
Regarding claim 18, the secondary inlet portion of the pipe body is disposed along the exterior surface between the main inlet portion and the main outlet portion and the secondary outlet portion of the pipe body is disposed along the exterior surface between the main inlet portion and the main outlet portion (see Fig. 3).
Regarding claim 19, the secondary inlet portion comprises a secondary inlet orifice, the secondary outlet portion comprises a secondary outlet orifice and the secondary chamber comprises at least one path extending from the secondary inlet orifice to the secondary outlet orifice (see Fig. 3).
Regarding claim 20, the at least one path comprises a spiral path from the secondary inlet orifice to the secondary outlet orifice (see Figs. 3 and 4).
Regarding claim 21, the at least one path comprises a plurality of paths substantially circling the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Figs. 3 and 4).
Regarding claim 22, the at least one path comprises a plurality of paths substantially longitudinal to the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Figs. 3 and 4).
Regarding claim 23, the at least one path comprises a plurality of paths angled longitudinally in relation to the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Figs. 3 and 4).
Regarding claim 24, a longitudinal axis of the pipe body extends from the main inlet portion to the main outlet portion through the main chamber (see Fig. 3).
Regarding claim 25, the pipe body comprises an interior surface facing the main chamber, wherein the mixing element is disposed within the main chamber such that a central area of the mixing element is along the longitudinal axis of the pipe body and a peripheral area of the mixing element extends from the central area toward the interior surface (see Figs. 3 and 4).
Regarding claim 27, the mixing element comprises at least one of a spiral mixing element, a helical mixing element and a baffle mixing element (see Figs. 3 and 4).
Regarding claim 29, the main inlet portion comprises a main inlet orifice providing access to the main chamber (see Figs. 3 and 4).
Regarding claim 30, the pipe body defines a retaining flange (a portion of 4’) extending outward from the exterior surface at the main inlet portion, the pipe segment further comprising: a retaining mechanism configured to engage with the retaining flange, wherein the retaining mechanism is configured to couple the pipe segment and the main inlet orifice to a connector mechanism.
Claims 1, 2, 4, 5, 12, 16-25 and 27-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grosz-Roll (US 4,211,277):
Regarding claim 1, Grosz-Roll discloses a pipe segment, comprising a pipe body (2, 11, 8, 9, 11a, 11b) comprising an exterior surface (an outer surface of 11), a main inlet portion (a portion including 10a), a main outlet portion (a portion including 10b), a secondary inlet portion (11a) and a secondary outlet portion (11b), the pipe body defining a main chamber (interior of 2) extending from the main inlet portion to the main outlet portion, the pipe body further defining a secondary chamber (between 2 and 11) between the exterior surface and the main chamber and extending from the secondary inlet portion to the secondary outlet portion; and a mixing element (at least one of 3, 4 and 5) disposed within the main chamber of the pipe body such that the main chamber and the mixing element form a static mixing chamber.
Regarding claim 2, the pipe segment comprises a nozzle and the pipe body comprises a nozzle body (see Figs. 1 and 2).
Regarding claim 4, the secondary inlet portion is disposed proximate to the main inlet portion or along the exterior surface between the main inlet portion and the main outlet portion and the secondary outlet portion is disposed proximate to the main inlet portion or along the exterior surface between the main inlet portion and the main outlet portion (see Fig. 1).
Regarding claim 5, the main inlet portion comprises a main inlet orifice providing access to the main chamber (see Figs. 1 and 2).
Regarding claim 12, the pipe body is elongated from the main inlet portion to the main outlet portion (see Figs. 1 and 2).
Regarding claim 16, the main inlet portion comprises a main inlet orifice providing access to the main chamber and the main outlet portion comprises a main outlet orifice extending from the main chamber to the exterior surface such that the main inlet orifice, the main chamber and the main outlet orifice are along a longitudinal axis of the pipe body (see Figs. 1 and 2).
Regarding claim 17, the pipe body defines a bore along the longitudinal axis through the main inlet orifice, the main chamber and the main outlet orifice (see Figs. 1 and 2).
Regarding claim 18, the secondary inlet portion of the pipe body is disposed along the exterior surface between the main inlet portion and the main outlet portion and the secondary outlet portion of the pipe body is disposed along the exterior surface between the main inlet portion and the main outlet portion (see Figs. 1 and 2).
Regarding claim 19, the secondary inlet portion comprises a secondary inlet orifice, the secondary outlet portion comprises a secondary outlet orifice and the secondary chamber comprises at least one path extending from the secondary inlet orifice to the secondary outlet orifice (see Figs. 1 and 2).
Regarding claim 20, the at least one path comprises a spiral path from the secondary inlet orifice to the secondary outlet orifice (see Figs. 1 and 2).
Regarding claim 21, the at least one path comprises a plurality of paths substantially circling the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Figs. 1 and 2).
Regarding claim 22, the at least one path comprises a plurality of paths substantially longitudinal to the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Figs. 1 and 2).
Regarding claim 23, the at least one path comprises a plurality of paths angled longitudinally in relation to the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Figs. 1 and 2).
Regarding claim 24, a longitudinal axis of the pipe body extends from the main inlet portion to the main outlet portion through the main chamber (see Figs. 1 and 2).
Regarding claim 25, the pipe body comprises an interior surface facing the main chamber, wherein the mixing element is disposed within the main chamber such that a central area of the mixing element is along the longitudinal axis of the pipe body and a peripheral area of the mixing element extends from the central area toward the interior surface (see Figs. 1 and 2).
Regarding claim 27, the mixing element comprises at least one of a spiral mixing element, a helical mixing element and a baffle mixing element (see Figs. 1 and 2).
Regarding claim 28, a cross section of the main chamber along the longitudinal axis is circular (see col. 4, lines 25 and 26).
Regarding claim 29, the main inlet portion comprises a main inlet orifice providing access to the main chamber (see Figs. 1 and 2).
Regarding claim 30, the pipe body defines a retaining flange (8) extending outward from the exterior surface at the main inlet portion, the pipe segment further comprising: a retaining mechanism configured to engage with the retaining flange, wherein the retaining mechanism is configured to couple the pipe segment and the main inlet orifice to a connector mechanism.
Claims 1, 2, 4, 5, 7, 8, 12, 16-25 and 27-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terwilliger (US 3,827,888):
Regarding claim 1, Terwilliger discloses a pipe segment, comprising a pipe body (13,30,33,36,37 and optionally 35, 38,39) comprising an exterior surface (an outer surface of 33), a main inlet portion (13), a main outlet portion (31), a secondary inlet portion (36) and a secondary outlet portion (37), the pipe body defining a main chamber (interior of 30) extending from the main inlet portion to the main outlet portion, the pipe body further defining a secondary chamber (between 30 and 33) between the exterior surface and the main chamber and extending from the secondary inlet portion to the secondary outlet portion; and a mixing element (40) disposed within the main chamber of the pipe body such that the main chamber and the mixing element form a static mixing chamber.
Regarding claim 2, the pipe segment comprises a nozzle and the pipe body comprises a nozzle body (see Fig. 1).
Regarding claim 4, the secondary inlet portion is disposed proximate to the main inlet portion or along the exterior surface between the main inlet portion and the main outlet portion and the secondary outlet portion is disposed proximate to the main inlet portion or along the exterior surface between the main inlet portion and the main outlet portion (see Fig. 1).
Regarding claim 5, the main inlet portion comprises a main inlet orifice providing access to the main chamber (see Fig. 1).
Regarding claim 7, the main inlet portion comprises at least two main inlet orifices (from 15 and 24) providing access to the main chamber.
Regarding claim 8, the nozzle body defines a retaining flange (the left end wall of 33 as seen in Fig. 1) extending outward from the exterior surface at the main inlet portion, the nozzle further comprising: a retaining mechanism configured to engage with the retaining flange, wherein the retaining mechanism is configured to couple the nozzle and the at least two main inlet orifices to a connector mechanism.
Regarding claim 12, the pipe body is elongated from the main inlet portion to the main outlet portion (see Fig. 1).
Regarding claim 16, the main inlet portion comprises a main inlet orifice providing access to the main chamber and the main outlet portion comprises a main outlet orifice extending from the main chamber to the exterior surface such that the main inlet orifice, the main chamber and the main outlet orifice are along a longitudinal axis of the pipe body (see Fig. 1).
Regarding claim 17, the pipe body defines a bore along the longitudinal axis through the main inlet orifice, the main chamber and the main outlet orifice (see Fig. 1).
Regarding claim 18, the secondary inlet portion of the pipe body is disposed along the exterior surface between the main inlet portion and the main outlet portion and the secondary outlet portion of the pipe body is disposed along the exterior surface between the main inlet portion and the main outlet portion (see Fig. 1).
Regarding claim 19, the secondary inlet portion comprises a secondary inlet orifice, the secondary outlet portion comprises a secondary outlet orifice and the secondary chamber comprises at least one path extending from the secondary inlet orifice to the secondary outlet orifice (see Fig. 1).
Regarding claim 20, the at least one path comprises a spiral path from the secondary inlet orifice to the secondary outlet orifice (see Fig. 1).
Regarding claim 21, the at least one path comprises a plurality of paths substantially circling the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Fig. 1).
Regarding claim 22, the at least one path comprises a plurality of paths substantially longitudinal to the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Fig. 1).
Regarding claim 23, the at least one path comprises a plurality of paths angled longitudinally in relation to the main chamber, the plurality of paths interconnected on an inlet end with an inlet routing path from the secondary inlet orifice and interconnected on an outlet end with an outlet routing path to the secondary outlet orifice (see Fig. 1).
Regarding claim 24, a longitudinal axis of the pipe body extends from the main inlet portion to the main outlet portion through the main chamber (see Fig. 1).
Regarding claim 25, the pipe body comprises an interior surface facing the main chamber, wherein the mixing element is disposed within the main chamber such that a central area of the mixing element is along the longitudinal axis of the pipe body and a peripheral area of the mixing element extends from the central area toward the interior surface (see Figs. 2 and 3).
Regarding claim 27, the mixing element comprises at least one of a spiral mixing element, a helical mixing element and a baffle mixing element (see Figs. 2 and 3).
Regarding claim 28, a cross section of the main chamber along the longitudinal axis is circular (see Figs. 2 and 3).
Regarding claim 29, the main inlet portion comprises a main inlet orifice providing access to the main chamber (see Fig. 1).
Regarding claim 30, the pipe body defines a retaining flange (the left end wall of 33 as seen in Fig. 1) extending outward from the exterior surface at the main inlet portion, the pipe segment further comprising: a retaining mechanism configured to engage with the retaining flange, wherein the retaining mechanism is configured to couple the pipe segment and the main inlet orifice to a connector mechanism.
Regarding claim 31, Terwilliger discloses a nozzle comprising a nozzle body (13,30,33,36,37 and optionally 35,38,39) comprising an exterior surface (an outer surface of 33), at least two main inlet orifices (from 15 and 24), a main outlet orifice (31), a secondary inlet orifice (36) and a secondary outlet orifice (37), the nozzle body defining a main chamber extending from the at least two main inlet orifices to the main outlet orifice, the nozzle body further defining a secondary chamber (between 30 and 33) between the exterior surface and the main chamber and extending from the secondary inlet orifice to the secondary outlet orifice; and a mixing element (40) disposed within the main chamber of the nozzle body such that the main chamber and the mixing element form a static mixing chamber.
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ter Braak (US 3,949,970) in view of Fleury (US 2015/0273731). The pipe segment of Ter Braak was discussed above. A nonstick coating is not disclosed. Fleury teaches providing an interior surface with a nonstick coating (see [0052]). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided a nonstick coating to avoid clogging as taught by Fleury at [0052].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Grosz-Roll (US 4,211,277) in view of Fleury (US 2015/0273731). The pipe segment of Grosz-Roll was discussed above. A nonstick coating is not disclosed. Fleury teaches providing an interior surface with a nonstick coating (see [0052]). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided a nonstick coating to avoid clogging as taught by Fleury at [0052].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Terwilliger (US 3,827,888) in view of Fleury (US 2015/0273731). The pipe segment of Terwilliger was discussed above. A nonstick coating is not disclosed. Fleury teaches providing an interior surface with a nonstick coating (see [0052]). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided a nonstick coating to avoid clogging as taught by Fleury at [0052].
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Terwilliger (US 3,827,888) in view of Kelley (US 2004/0125688). Terwilliger discloses a system comprising a pipe segment comprising a pipe body (30,33,36,37 and optionally 35,38,39) having an exterior surface (an outer surface of 33), a main inlet portion (from 13), a main outlet portion (31), a secondary inlet portion (36) and a secondary outlet portion (37), the pipe body defining a main chamber (interior 30) extending from the main inlet portion to the main outlet portion, the pipe body further defining a secondary chamber (between 30 and 33) between the exterior surface and the main chamber and extending from the secondary inlet portion to the secondary outlet portion, wherein the main inlet portion comprises a main inlet orifice, wherein the main outlet portion comprises a main outlet orifice (see Fig. 1), wherein the secondary inlet portion comprises a secondary inlet orifice, wherein the secondary outlet portion comprises a secondary outlet orifice (see Fig. 1); a mixing element (40) disposed within the main chamber of the pipe body such that the main chamber and the mixing element form a static mixing chamber; a three-way junction (13) comprising a first inlet connection (from 15), a second inlet connection (from 24) and an outlet connection (to 30), wherein the three-way junction is in fluid communication with the main chamber of the pipe body via the outlet connection (see Fig. 1); a first fluid subsystem (11, 14, 15) in fluid communication with the three-way junction and the main chamber of the pipe body, wherein the first fluid subsystem is configured to selectively supply a first mixing component (such as “10”) to the main chamber via the first inlet connection, the outlet connection and the main inlet orifice; a second fluid subsystem (21,23,24) in fluid communication with the three-way junction and the main chamber of the pipe body, wherein the second fluid subsystem is configured to selectively supply a second mixing component (such as “20”) to the main chamber via the second inlet connection, the outlet connection and the main inlet orifice; and a third fluid subsystem (see col. 3, lines 30-40) in fluid communication with the secondary chamber of the pipe body, wherein the third fluid subsystem is configured to selectively circulate a fluid through the secondary chamber via the secondary inlet orifice and the secondary outlet orifice. However, the 3-way junction is not explicitly stated to be a “valve”. Kelley teaches a 3-way junction being a valve (see [0026]). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized a three-way valve as the three-way junction at taught by Kelley to facilitate flow control.
Response to Arguments
Applicant’s arguments are moot due to the new grounds for rejection.
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 DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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