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 .
Claims 1-7, 9-18 and 21-23 are pending
Claims 8 and 19-20
Claims 1-4, 6-7, 9, 11, 17-18 have been amended
Claims 21-23 are new
Allowable Subject Matter
Claim 23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The prior art does not teach or render obvious the limitations of claim 23 of wherein the dividing element dips at least with its lower part relative to the direction of gravity into the collection hopper, and wherein the collection hopper defines a hopper height that extends from the introduction opening, which defines the greatest cross section of the collection hopper, up to a collection hopper outlet, which defines the smallest cross section of the collection hopper, and wherein a relative immersion depth of the dividing element into the collection hopper commencing from the introduction opening relative to the hopper height is in a range of about 10% to about 50%.
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 1-18 and 21-23 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 1 recites the limitation " the fluid mechanical transfer device inlet" in line 13 of claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation " the exhaust gas outlet" in line 14 of claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-7, 9-10 and 21-23 are rejected as being dependent on an indefinite claim
Claim 11 recites the limitation " the fluid mechanical transfer device inlet" in line 13 of 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation " the exhaust gas outlet" in line 14 of line 11. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-7 and 9-10 are rejected as being dependent on an indefinite claim
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7, 9-10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over De Silva et al. US 2019/0076989 (US’989) in view of Love US 4,415,346 (US’346).
Regarding claim 1, US’989 teaches an apparatus for producing, CO2 pellets from CO2 snow (a cleaning device 42 configured to produce high-strength CO2 pellets 16 from CO2 snow, see fig. 1-4, para. 2, 6, 18 and 77-79),
for a cleaning appliance for blasting surfaces to be treated with a mixed stream of a pressurized gas and CO2 pellets (the cleaning device 10 blasts surfaces with a mixed-flow 12 including compressed gas 14 and CO2 pellets 16, see fig. 1-2, para. 6-7 and 64-80),
wherein the apparatus comprises a compressing device for compressing CO2 snow to form CO2 pellets (main compressing device 44 includes gear wheel compressor 46 that compresses CO2 snow 36 to form CO2 pellets 16, see fig. 2-4, para, 6, 41-47 and 79-87)
and a delivery device for delivering the CO2 pellets into a pressurized gas stream (accelerating device 58 that introduces a compressed gas line 50 to CO2 pellets 16 into to form mixed-flow 12, see fig. 1-3 para. 68-71 and 80-98),
wherein the apparatus comprises a fluid mechanical transfer device for conveying CO2 pellets from the compressing device to the delivery device (intermediate storage device 80 and transfer device 48 are connected in a fluidic manner and convey CO2 pellets 16 from the main compressing device 44 to the accelerating device 58, see fig. 1-4 para, 59-60,97-98 and 99-101)
wherein the fluid mechanical transfer device is arranged or formed between the compressing device and the delivery device (see fig. 1 and 4).
wherein the fluid mechanical transfer device comprises a collection hopper and wherein the collection hopper tapers in cross section in the direction toward the delivery device (intermediate storage device 80 has a tapered shape, para. 84, see fig. 2-4, transfer device/storage device 80 has an inlet connected to pellet outlet 138 to receive CO2 pellets 16, see fig. 1-4, para. 99-102),
US’989 does not teach wherein the apparatus comprises a separating device for separating excess CO2 gas and CO2 pellets and wherein the separating device comprises the transfer device, wherein the separating device comprises at least one flow redirection element for redirecting a flow of excess CO2 gas from the fluid mechanical transfer device inlet to the collection hopper and from the collection hopper to the exhaust gas outlet, wherein, the separating device comprises a decelerating device for decelerating the excess CO2 stream from the collection hopper in the direction toward the exhaust gas outlet wherein, the separating device comprises a decelerating device for decelerating the excess CO2 stream from the collection hopper in the direction toward the exhaust gas outlet.
US’346 teaches a snow horn of improved design having a concentric gas venting system formed integrally therewith (abstract). Referring initially to FIGS. 1-3, in the preferred embodiment of the present invention, a snow horn arrangement 10 is provided which has a downwardly directed skirt portion 12 of a truncated, conically tapered shape. Skirt 12 has an open lower, large diameter end 14 from which the solid CO2 particles (illustrated by arrows A) and the waste CO2 gas (illustrated by arrows B) exist. A hemispherically-shaped head 20 is mounted at the top, smaller diameter end 16 of the skirt 12 and an orifice means 30 is mounted substantially at the radial center of the hemispherically-shaped head 20 which allows for the expansion of the liquid CO2 inside the snow horn head and skirt Port means 60 open into enclosed chamber 50 at its lower end 52 and an exhaust means 70 (partially shown in FIG. 1), which may consist of a well-known exhaust blower or other exhaust ventilation system, opens into enclosed chamber 50 at its upper end 54 for drawing the waste CO2 gas through port means 60 and out of the enclosed chamber 50 as illustrated by arrows B (col. 3-4, see fig. 1-2). In accordance with the present invention, a snow horn of improved design is provided which has a concentric gas venting system formed integrally therewith. In general, the snow horn has a hemispherically-shaped head which insures that all of the particles impinging upon it are deflected with substantially downwardly directed vectors thereby avoiding any turbulence in the head area which otherwise would further divide the particles and promote their entrainment in the waste gas stream. The side wall of the snow horn is cylindrical or, preferably, is conically tapered in order to prevent the CO2 crystals from building up along its inner surface and thereby reducing the diameter of the horn due to the static charge the particles acquire during handling. It is important that the inner diameter of the horn not be restricted since this would correspondingly increase the exit velocity of the particles which inhibits the gravity separation of them from the waste gas stream (col. 1-2). Therefore, US’346 teaches redirecting waste CO2 into an expandable space, thereby decelerating excess CO2, to prevent CO2 particles from being entrained in the waste gas stream.
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 modified apparatus of US’989 to include a separating device for separating excess CO2 gas and CO2 pellets and wherein the separating device comprises the transfer device, wherein the separating device comprises at least one flow redirection element for redirecting a flow of excess CO2 gas from the fluid mechanical transfer device inlet to the collection hopper and from the collection hopper to the exhaust gas outlet wherein, the separating device comprises a decelerating device for decelerating the excess CO2 stream from the collection hopper in the direction toward the exhaust gas outlet because US’346 teaches redirecting waste CO2 into an expandable space, thereby decelerating excess CO2, to prevent CO2 particles from being entrained in the waste gas stream and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Regarding claim 2, the modified apparatus of US’989 teaches the cleaning appliance of claim 1. US’989 further teaches wherein the transfer device has a transfer device inlet, wherein the compressing device has a compressing device outlet (transfer device/storage device 80 has an inlet connected to pellet outlet 138 to receive CO2 pellets 16, see fig. 1-4, para. 99-102), and wherein the compressing device outlet and the transfer device inlet are fluidically connected to one another (pellet outlet 138 and optional intermediate storage device 80 connected in fluidic manner to the transfer device 48 so that pellets 16 pass, see fig. 1-4, para. 99-102).
Regarding claim 3, the modified apparatus of US’989 teaches the apparatus of claim 1. US’989 further teaches at least one of a) the collection hopper during the intended use of the apparatus is oriented in parallel or substantially in parallel to the direction of gravity and tapers in the direction of gravity and b) an introduction opening of the collection hopper is arranged or formed below the compressing device outlet relative to the direction of gravity (para. 57 and 97-99, see fig. 4).
Regarding claim 4, the modified apparatus of US’989 teaches the apparatus of claim 3. US’989 further teaches wherein the fluid mechanical transfer device comprises a transfer space and wherein the transfer space is arranged or formed between the compressing device outlet and the introduction opening (the space between outlet 138 and accelerating device 58 reads on a transfer space, which includes hopper 80 which is tapered in the direction of gravity, see fig. 3-4, para. 57, 97-102).
Regarding claim 5, the modified apparatus of US’989 teaches the apparatus of claim 4. US’989 further teaches wherein the transfer space is subdivided by a dividing element into at least one first transfer space region and at least one second transfer space region (the transfer device includes two sections 80 and 48 which are made up of individual parts which are connected. The connected parts of 80 and 48 read on dividing elements, see fig. 4).
Regarding claim 6, the modified apparatus of US’989 teaches the apparatus of claim 5. US’989 further teaches wherein the dividing element at least one of b) reaches at least up to the collection hopper (the connected parts of 80 and 48 read on dividing elements, as discussed above, with regard to claim 5, therefore the dividing element is connected to the collection hopper)
Regarding claim 7, the modified apparatus of US’989 teaches the apparatus of claim 5. US’989 further teaches wherein at least one of b) at least one of the first transfer space region and the second transfer space region is fluidically connected to the introduction opening ((the connected parts of 80 and 48 read on dividing elements, as discussed above, with regard to claim 5, as shown in fig. 4 the space inside part 80 is in fluid connection to the introduction opening of the collection hopper, see fig. 4).
Regarding claim 9, the modified apparatus of US’989 teaches the apparatus of claim 3.
The modified apparatus of US’989 does not teach wherein at least one of a) the apparatus comprises a pellet detaching device for detaching CO2 pellets adhering to the collection hopper, and b) the collection hopper defines an arcuate hopper outlet opening.
However, US’989 teaches flat surfaces make up the opening to storage device 80 in a rectangular shape, see fig. 3 and 4, the rectangular opening extends transversely, in particular perpendicularly, to the direction of gravity, as discussed above with regard to claims 3 and 4. US’989 further teaches the apertures 118 as well as all other edges of the device 42 which can come into contact with CO2 snow 36 are preferably sunken or rounded off. The formation of snow bridges can be prevented in this way (para. 125). Therefore, US’989 teaches that interior surfaces of the apparatus, including the outlet of the storage device can be rounded off, which reads on arcuate, to prevent accumulation of material.
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 modified apparatus of US’989 to include wherein at least one of b) the collection hopper defines an arcuate hopper outlet opening because US’989 teaches that interior surfaces of the apparatus, including the outlet of the storage device can be rounded off, which reads on arcuate, to prevent accumulation of material and the configuration of the claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed product is significant, see MPEP 2144.04 .IV. (B).
Regarding claim 10, the modified apparatus of US’989 teaches the apparatus of claim 1. US’989 further teaches wherein the delivery device comprises a dosing device for dosing a number or a defined volume of CO2 pellets before introduction into a pressurized gas stream for forming a mixed stream of the pressurized gas and CO2 pellets (roller dispenser 144 conveys the CO2 pellets 16 in a defined manner to the accelerating device 58, para. 99-100, see fig. 2 and 4).
Regarding claim 22, the modified apparatus of US’989 teaches the apparatus of claim 5. The modified apparatus of US’989 further teaches wherein the dividing element defines a first dividing element side face, which points in the direction toward the compressing device outlet and laterally delimits the first transfer space region (inner surface of skirt 12 laterally delimits the interior of skirt 12 and faces orifice means 30, against which the solid CO2 particles impinge and are defected downwardly, col 3 fig. 1), and wherein the first dividing element side face extends in parallel or substantially in parallel to the direction of gravity (skirt 12 extends downwardly col. 2-3 see fig. 1).
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over US’989 in view of US’346 as applied to claim 5 above, and further in view of Anderson et al. US 5,419,138 (US’138) cited in IDS filed 5-10-23.
Regarding claim 21, the modified apparatus of US’989 teaches the apparatus of claim 5. The modified apparatus of US’989 further teaches wherein an exhaust gas outlet is arranged or formed at the second transfer space region (US’346 teaches exhaust means 70 opens into enclosed chamber 50 at its end 54, col.3, see fig. 1).
The modified apparatus of US’989 does not teach wherein at least one of a)the exhaust gas outlet fluidically connects the second transfer space region to an environment of the apparatus and wherein the exhaust gas outlet defines a longitudinal axis, which extends in parallel or substantially in parallel to the direction of gravity and b)a retaining element that is permeable to gas and impermeable to CO2 pellets is arranged or formed at or before the exhaust gas outlet and c)the retaining element is configured in the form of a grate, a net, or a perforated metal sheet.
US’138 teaches an extruder for converting pressurized liquid CO2 feed into dry ice pellets of predetermined shape and size (abstract). Sintered filter element 172 defines CO2 snow formation/compaction. A perforated metal jacket 174 having a plurality of holes 176 in the surface thereof provides a structural support for sintered filter element 172, while providing holes 176 to permit CO2 gas passing through the wall of sintered filter element 172 to pass likewise through support jacket 174 to collect in annular region 12. the tortuous paths between particles in sintered filter element 172 of filter cartridge 170 prevents solid CO2 snow particles from passing through the filter cartridge to clog up CO2 gas collection annulus 120 that would reduce the collection rate of CO2 snow in chamber 86 (col. 9-10)
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 modified apparatus of US’989 to include a retaining element that is permeable to gas and impermeable to CO2 pellets is arranged or formed at or before the exhaust gas outlet because US’138 teaches it can prevent clogging of the exhaust and applying a known technique to a known method ready for improvement to yield predictable results is obvious, see MPEP 2141 III (D).
Claim(s) 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over De Silva et al. US 2019/0076989 (US’989) in view of Love US 4,415,346 (US’346).
Regarding claim 11, US’989 teaches a cleaning appliance for blasting surfaces to be treated with a mixed stream of a pressurized gas and CO2 pellets (the cleaning device 10 blasts surfaces with a mixed-flow 12 including compressed gas 14 and CO2 pellets 16, see fig. 1-2, para. 6-7 and 64-80),
wherein the cleaning appliance comprises an apparatus for producing CO2 pellets from CO2 snow (a cleaning device 42 configured to produce high-strength CO2 pellets 16 from CO2 snow, see fig. 1-4, para. 2, 6, 18 and 77-79),
wherein the apparatus comprises a compressing device for compressing CO2 snow to form CO2 pellets (main compressing device 44 includes gear wheel compressor 46 that compresses CO2 snow 36 to form CO2 pellets 16, see fig. 2-4, para, 6, 41-47 and 79-87)
and a delivery device for delivering the CO2 pellets into a pressurized gas stream (accelerating device 58 that introduces a compressed gas line 50 to CO2 pellets 16 into to form mixed-flow 12, see fig. 1-3 para. 68-71 and 80-98),
wherein the apparatus comprises a fluid mechanical transfer device for conveying CO2 pellets from the compressing device to the delivery device (intermediate storage device 80 and transfer device 48 are connected in a fluidic manner and convey CO2 pellets 16 from the main compressing device 44 to the accelerating device 58, see fig. 1-4 para, 59-60,97-98 and 99-101)
and wherein the fluid mechanical transfer device is arranged or formed between the compressing device and the delivery device (see fig. 1 and 4).
wherein the fluid mechanical transfer device comprises a collection hopper and wherein the collection hopper tapers in cross section in the direction toward the delivery device (intermediate storage device 80 has a tapered shape, para. 84, see fig. 2-4, transfer device/storage device 80 has an inlet connected to pellet outlet 138 to receive CO2 pellets 16, see fig. 1-4, para. 99-102),
US’989 does not teach wherein the apparatus comprises a separating device for separating excess CO2 gas and CO2 pellets and wherein the separating device comprises the transfer device, wherein the separating device comprises at least one flow redirection element for redirecting a flow of excess CO2 gas from the fluid mechanical transfer device inlet to the collection hopper and from the collection hopper to the exhaust gas outlet, wherein, the separating device comprises a decelerating device for decelerating the excess CO2 stream from the collection hopper in the direction toward the exhaust gas outlet.
US’346 teaches a snow horn of improved design having a concentric gas venting system formed integrally therewith (abstract). Referring initially to FIGS. 1-3, in the preferred embodiment of the present invention, a snow horn arrangement 10 is provided which has a downwardly directed skirt portion 12 of a truncated, conically tapered shape. Skirt 12 has an open lower, large diameter end 14 from which the solid CO2 particles (illustrated by arrows A) and the waste CO2 gas (illustrated by arrows B) exist. A hemispherically-shaped head 20 is mounted at the top, smaller diameter end 16 of the skirt 12 and an orifice means 30 is mounted substantially at the radial center of the hemispherically-shaped head 20 which allows for the expansion of the liquid CO2 inside the snow horn head and skirt Port means 60 open into enclosed chamber 50 at its lower end 52 and an exhaust means 70 (partially shown in FIG. 1), which may consist of a well-known exhaust blower or other exhaust ventilation system, opens into enclosed chamber 50 at its upper end 54 for drawing the waste CO2 gas through port means 60 and out of the enclosed chamber 50 as illustrated by arrows B (col. 3-4, see fig. 1-2). In accordance with the present invention, a snow horn of improved design is provided which has a concentric gas venting system formed integrally therewith. In general, the snow horn has a hemispherically-shaped head which insures that all of the particles impinging upon it are deflected with substantially downwardly directed vectors thereby avoiding any turbulence in the head area which otherwise would further divide the particles and promote their entrainment in the waste gas stream. The side wall of the snow horn is cylindrical or, preferably, is conically tapered in order to prevent the CO2 crystals from building up along its inner surface and thereby reducing the diameter of the horn due to the static charge the particles acquire during handling. It is important that the inner diameter of the horn not be restricted since this would correspondingly increase the exit velocity of the particles which inhibits the gravity separation of them from the waste gas stream (col. 1-2). Therefore, US’346 teaches redirecting waste CO2 into an expandable space, thereby decelerating excess CO2, to prevent CO2 particles from being entrained in the waste gas stream.
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 modified apparatus of US’989 to include wherein the apparatus comprises a separating device for separating excess CO2 gas and CO2 pellets and wherein the separating device comprises the transfer device, wherein the separating device comprises at least one flow redirection element for redirecting a flow of excess CO2 gas from the fluid mechanical transfer device inlet to the collection hopper and from the collection hopper to the exhaust gas outlet, wherein, the separating device comprises a decelerating device for decelerating the excess CO2 stream from the collection hopper in the direction toward the exhaust gas outlet because US’346 teaches redirecting waste CO2 into an expandable space, thereby decelerating excess CO2, to prevent CO2 particles from being entrained in the waste gas stream and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Regarding claim 12, the modified apparatus of US’989 teaches the cleaning appliance of claim 11. US’989 further teaches wherein the cleaning appliance comprises a CO2 connection for connecting to a CO2 store containing liquid CO2 or comprises a CO2 store containing liquid CO2 (valve assembly 28 connected downstream of an outlet 26 of the CO2 reservoir in order to feed liquid CO2 from the CO2 reservoir 24 through the CO2 line 22 to connector 20, para. 76, see fig. 1).
Regarding claim 13, the modified apparatus of US’989 teaches the cleaning appliance of claim 11. US’989 further teaches wherein the cleaning appliance comprises a pressurized gas connection for connecting to a pressurized gas generating device or comprises a pressurized gas generating device for generating a pressurized gas stream of a pressurized gas (gas connector 52 connected to an external source of compressed gas 54 which makes the compressed gas. Such as a compressed air bottle or a compressor for producing compressed air at a desired pressure, para. 80, see fig. 1-2).
Regarding claims 14-16, the modified apparatus of US’989 teaches the cleaning appliance of claim 11. US’989 further teaches wherein the cleaning appliance comprises a CO2 pellet accelerating device for accelerating CO2 pellets, with regard to claim 14, wherein the CO2 pellet accelerating device comprises a pressurized gas conduit that is in fluidic connection with the pressurized gas connection or the pressurized gas generating device, with regard to claim 15 and wherein at least one of the delivery device and the CO2 pellet accelerating device comprises at least one venturi nozzle, with regard to claim 16 (venturi tube 108 is at the bottom if the accelerating device 58, a compressed gas line 110 connected upstream to the venturi tube 108, para. 81, 100-101, see fig. 2 and 4).
Regarding claim 17, the modified apparatus of US’989 teaches the cleaning appliance of claim 13. US’989 further teaches wherein a blasting connection is arranged or formed downstream from the delivery device for connecting to a blasting conduit or wherein the delivery device downstream is in fluidic connection with a blasting conduit (At a free end of the jet line 64, there is optionally arranged a jet nozzle 66 which may optionally comprise a valve 68 for regulating the shape and/or the strength of a particle jet 70 which is being emitted from the jet nozzle 66 and comprises the CO.sub.2 pellets 16 that are being moved by the compressed gas, para. 81, see fig. 1).
Regarding claim 18, the modified apparatus of US’989 teaches the cleaning appliance of claim 11. US’989 further teaches wherein the cleaning appliance comprises a CO2 pellet intermediate store for intermediately storing the produced CO2 pellets (intermediate storage device 80, see fig. 4, para. 84-101).
Response to Amendment
Applicants’ amendments to independent claims 1 and 11 to include subject matter regarding the separating device including a decelerating device has changed the scope of claims 1 and 11, and as a result, the 102 rejection of claims 1 and 11 as stated in the non-final office action mailed 1-26 is withdrawn. Upon further consideration, a new ground(s) of rejection is made under 103 as obvious over US’989 in view of US’346 which includes both the rejection of claims 1 and 11 as stated in the non-final office action and additional discussion regarding the teachings of US’989 and US’346 relating to the features added to claims 1 and 11.
Response to Arguments
Applicants’ arguments with regard to the teachings of Foster and the amendments made to claim 1 have been considered but are moot due to the references not being relied on for teaching the amendments.
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 ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713
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