DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11-13-25.
Applicant’s election without traverse of claims 1-18 in the reply filed on 11-13-25 is acknowledged.
Claim Interpretation
Claims 3, 6-9 recite “at least one of” followed by a list of alternatives labeled “a)”, “b)” etc. These lists of alternatives are being interpreted as including all the limitations following the “a)”, “b)” etc. are part of the particular alternative, such that all the limitations following “c)” in claim 6 are part of alternative “c)” and all the limitations following “d)” in claim 7 are part of alternative “d)” etc.
Claim Objections
Claims 1-5 and 8 refer to “the transfer device” however, a previously defined “fluid mechanical transfer device” is defined in claim 1. The terms are being interpreted to be the same device, however, for the purposes of clarity applicant is required to select a single term when referring to the same device, either “fluid mechanical transfer device” or “transfer device”. Similarly, claims 11 and 18 includes “the transfer device” and “fluid mechanical transfer device” and requires the same clarification.
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 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 claims 1, 3, 4, 6-9, 11 and 17-18, recite the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The remaining claims are rejected as being dependent on an indefinite claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Silva et al. US 2019/0076989 (US’989) cited in IDS filed 5-10-23.
Regarding claim 1, US’989 teaches an apparatus for producing, in particular high-strength, 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),
in particular 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)
and wherein the transfer device is arranged or formed between the compressing device and the delivery device (see fig. 1 and 4).
Regarding claim 2, U989 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, U989 teaches the apparatus of claim 1. US’989 further teaches wherein the transfer device comprises a collection hopper (intermediate storage device 80, para. 84, see fig. 2-4) and wherein the collection hopper tapers in cross section in the direction toward the delivery device (see fig. 3-4), wherein, in particular, 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, U989 teaches the apparatus of claim 3. US’989 further teaches wherein the transfer device comprises a transfer space and wherein the transfer space is arranged or formed between the compressing device outlet and the introduction opening, wherein, in particular, the transfer space tapers in the direction of gravity at least in sections or comprises an upper part of the collection hopper relative to the direction of gravity (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, U989 teaches the apparatus of claim 3. 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, U989 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, U989 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 10, U989 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).
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) 8 is rejected under 35 U.S.C. 103 as being unpatentable over US’989 as applied to claim 1 above, and further in view of Foster et al. US 5,472,369 (US’369).
Regarding claim 8, US’989 teaches the apparatus of claim 1.
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, in particular the transfer space, wherein, in particular, the separating device at least one of a) comprises at least one flow redirection element for redirecting a flow of excess CO2 gas from the transfer device inlet to the collection hopper and from the collection hopper to the exhaust gas outlet and b) comprises a decelerating device for decelerating the excess CO2 stream from the collection hopper in the direction toward the exhaust gas outlet, wherein, in particular, the decelerating device comprises the second transfer space region.
US’369 teaches a cryoblasting process utilized for removing unwanted layers, such as paint, from a surface, having a centrifugal accelerator for accelerating frozen pellets of argon or carbon dioxide (abstract, col. 1). The device includes a discharge port 150 connected to a vacuum source in a pellet transfer space to withdraw non-condensible gas from within the chamber (col. 10-11, see fig. 8).
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 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, in particular the transfer space, wherein, in particular, the separating device at least one of a) comprises at least one flow redirection element for redirecting a flow of excess CO2 gas from the transfer device inlet to the collection hopper and from the collection hopper to the exhaust gas because US’369 teaches it is known to expel non-condensable gases from a pellet transfer space and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over US’989.
Regarding claim 9, US’989 teaches the apparatus of claim 3.
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, wherein, in particular, the pellet detaching device comprises a gas accelerating device for accelerating the excess CO2 gas in the direction toward the collection hopper, wherein, further in particular, the gas accelerating device comprises the first transfer space region, and b) the collection hopper defines an arcuate hopper outlet opening, wherein, in particular, the hopper outlet opening extends transversely, in particular perpendicularly, to the direction of gravity.
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 apparatus of US’989 to include wherein at least one of d b) the collection hopper defines an arcuate hopper outlet opening, wherein, in particular, the hopper outlet opening extends transversely, in particular perpendicularly, to the direction of gravity 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).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 11-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Silva et al. US 2019/0076989 (US’989).
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, in particular high-strength, 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 transfer device is arranged or formed between the compressing device and the delivery device (see fig. 1 and 4).
Regarding claim 12, U989 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, U989 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, U989 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, U989 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, wherein, in particular, a blasting nozzle is arranged or formed on a free end of the 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, U989 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, wherein, in particular, the transfer device comprises the CO2 pellet intermediate store (intermediate storage device 80, see fig. 4, para. 84-101).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Foster US 6,003,332.
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