DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species A, Figs. 2 and 3, in the reply filed on March 2, 2026 is acknowledged.
In the response to the Restriction/Election Requirement received on March 2, 2026, applicant states that claims 1-3, 5-9, 11, 12, 14-16, 19, and 20 read on the elected species of the invention. However, claims 11 and 12 depend from non-elected claim 10, and they are each directed to subject matter of non-elected Species D, Fig. 6. Accordingly, claims 11 and 12 are withdrawn along with claims 4, 10, 13, 17, and 18, as being directed to a species of the invention that has been non-elected without traverse.
Claims 4, 10-13, 17, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species of the invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 2, 2026.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Drawings
Figures 1A-1C should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement sheets which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments section, or remarks, section of the amendment paper. 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). A replacement sheet must 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 the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheet(s) must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change(s) to the drawings.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
Specification
The disclosure is objected to because of the following informalities: 1) on page 5, line 12, “two stream” should be replaced by --two streams--; 2) page 6, line 3, “an any entirety” should be replaced by --an entirety--; 3) on the last line of page 7, “of the of the” should be replaced by --of the--; and 4) page 10, line 5, “anda” should be replaced by --and a--.
Appropriate correction is required.
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 20 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 20 recites the broad recitation “a flow control device”, and the claim also recites “being at least one baffle or at least one twister plate” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claim.
Claim Rejections - 35 USC § 102
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 7, 14, and 19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Grondman.
Grondman (Abstract; The Figure; col. 1, lines 6-68; col. 2, lines 5-37, 47-61; col. 3, lines 41-53) teaches a mixer having an outer tube (3,10), an inner tube (2) coaxially arranged within the outer tube (claims 7 and 19), the inner tube having an inlet (4) operable to receive a hydrocarbon stream and convey such to the outlet (5) of the inner tube, the outlet of the inner tube being positioned inside of the outer tube, an annular space (8) between the inner and outer tubes, the outer tube operable to receive a diluent stream and to convey the diluent stream along the annular space, wherein the diluent stream and the hydrocarbon stream are mixed downstream of the outlet of the inner tube and diluent stream forms a “boundary layer” along an inner surface of the outer tube (3,10) to prevent liquid or liquid droplets from the hydrocarbon stream from contacting the inner surface of the outer tube (see col. 2, lines 32-37) (claims 7 and 14).
Claims 1-3, 5-9, 14-16, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by either Rich et al or Aasen et al.
Rich et al (Abstract; Figs. 1-3; col. 8, lines 54-66) teaches a mixer (10) having an outer tube (30), a nozzle (36) in communication with the outer tube, an inner tube (24) coaxially arranged within the outer tube (claims 2, 7 and 19), the inner tube having a length that is less than the outer tube (see Fig. 1) and an inlet (22) operable to receive a liquid stream and convey such to the outlet (16) of the inner tube, the outlet of the inner tube being positioned inside of the outer tube, an annular space between the inner and outer tubes, the annular space containing helical baffles (42, 44, 46, 48) coupled to the inner tube and extending toward the outer tube and having an angle of 45 degrees (claims 1, 3, 5, 8, 9,15, 16) relative to the flow axis of the mixer (col. 8, lines 60-66), the outer tube operable to receive a diluent stream and to convey the diluent stream along the annular space, wherein the diluent stream has imparted thereto a twisted diluent flow and is mixed with the liquid stream downstream of the outlet of the inner tube, with the diluent stream forming a “boundary layer” along an inner surface of the outer tube (30) to prevent liquid or liquid droplets from the liquid stream from contacting the inner surface of the outer tube (see Fig. 2) (claims 1, 6, 7, 8, 14, 15). A portion of the length of the inner tube is received within the outer tube (see the Figures), wherein the helical baffle extends along less than the entirety of the length of the inner tube (claim 20).
Applicant should note that the materials worked on, i.e., the hydrocarbon stream and the diluent stream, do not form a part of the apparatus and thus cannot be considered to impart patentability to the apparatus, so long as the reference apparatus is capable of operation with the desired materials as mentioned within the claims.
Alternatively, Aasen et al (Abstract; Figs. 1 and 4; col. 2, lines 57-59; col. 3, lines 33-44; col. 4, lines 13-29) teaches a mixer (1) having an outer tube (3, 5), a nozzle (8) in communication with the outer tube, an inner tube (2, 7) at least a portion of which is coaxially arranged within the outer tube (claims 2, 7 and 19), the inner tube having a length that is less than the outer tube (see Fig. 1) and an inlet operable to receive a liquid hydrocarbon stream and convey such to the outlet (the point at which the twisting diluent streams emerge from the baffles 4, 15) of the inner tube, the outlet of the inner tube being positioned inside of the outer tube, an annular space between the inner and outer tubes, the annular space containing helical baffles (4, 15) coupled to the inner tube and extending toward the outer tube and having an angle of 3-60 degrees, preferably 10-30 degrees (claims 1, 3, 5, 8, 9,15, 16) relative to the flow axis of the mixer (col. 4, lines 26-29), the outer tube operable to receive a diluent stream and to convey the diluent stream along the annular space, wherein the diluent stream has imparted thereto a twisted diluent flow and is mixed with the liquid hydrocarbon stream downstream of the outlet of the inner tube, with the diluent stream forming a “boundary layer” (see the initial ends of the twisting diluent streams 6, which are at the inner surface of the outer tube) along an inner surface of the outer tube (3, 5) to prevent liquid or liquid droplets from the liquid hydrocarbon stream from contacting the inner surface of the outer tube (see Figs. 1 and 4) (claims 1, 6, 7, 8, 14, 15). A portion of the length of the inner tube is received within the outer tube (see Figs, 1 and 4), wherein the helical baffle extends along less than the entirety of the length of the inner tube (claim 20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant should specifically note Stein et al (Fig. 16; paragraphs [0090]-[0091]), cited by the Examiner herein, which discloses vaporization of a hydrocarbon feedstock stream by a steam stream that is made to spin helically by helically baffles within the device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.S.B/
5-30-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
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