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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 14 December 2020. It is noted, however, that applicant has not filed a certified copy of the application as required by 37 CFR 1.55.
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 14-16 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 14 is indefinite due to the phrase “claims 1”. Claims 15 and 16 fall with claim 14.
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.
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.
Claims 1-8, 10, 11, 14-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shipiro (US 2022/0111340) in view of Irvine (US 779,783).
Regarding claim 1, Shipiro discloses a laboratory instrument including a support body (46); a main component (58, 66 and/or 42) which is movable with respect to the support body for mixing; a mixing drive mechanism (38) disposed on the support body, with a drive device (44, 48, 50), a first eccentric (52) and a second eccentric (54) which can be driven by means of the drive device and which are configured in order to transmit a driving force produced by the drive device to the main component; and at least one counterbalancing mass (64) to at least partially compensate for an imbalance produced by the first eccentric, the second eccentric and the main component; wherein the first eccentric and the second eccentric are disposed on a peripheral edge of the support body and outside a central region of the support body (see Fig. 6); wherein the first eccentric and the second eccentric are disposed on mutually opposite side edges of the support body and are laterally offset with respect to each other, or the first eccentric is disposed in a first corner of the support body and the second eccentric is disposed in a second corner of the support body (see Fig. 6); and wherein the counterbalancing mass is attached to at least one of the first eccentric and the second eccentric (see Fig. 6), and is disposed between the support body and the main component (see Figs. 5 and 6) and is configured to carry out a movement upon mixing which is counter to that of the main component (see Figs. 5 and 6). However, a tilting function of the swivel support is not disclosed. Irvine teaches a swivel support (13) having formed for providing a spatially limited staggering movement by a combination of rotation and tilting for supporting a main component (see Fig. 3 and page 1 line 92 to page 2 line 9). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized the swivel support taught by Irvine, to allow free movement (see page 1 line 92 to page 2 line 9 of Irvine).
Regarding claim 2, a cavity is formed in the central region (of "58" and of "66").
Regarding claim 3, the support body (46) includes an opening (between 54 and 56; see Fig. 6), on mutually opposite sides (from the bottom side through to the top side) through which cooling fluid such as air can pass to the cavity.
Regarding claim 4, a cavity is formed in the central region in which at least a portion of a cooling body (66) attached to an underside of the main component is received.
Regarding claim 5, the upper surface of a thermal coupling plate (42) on the main component forms a loading surface forms a loading surface.
Regarding claim 6, the underside of a thermal coupling plate (42) is coupled to the cooling body.
Regarding claim 7, an annular closed first force-transmitting mechanism (48) for transmitting the driving force from the drive device (150) to the first eccentric is disclosed.
Regarding claim 8, the at least one counterbalancing mass is asymmetrically attached to the drive device (see Fig. 6).
Regarding claim 10, the bottom of the at least one swivel support is mounted in at least one first depression in the support body (see Figs. 3, 6 and 7 and [0045]) and the top is mounted in at least one second depression (60) in the main component.
Regarding claim 11, at least one first counterplate is or are disposed on the support body in physical contact with a bottom surface of the at least one swivel support and/or at least one second counterplate is or are disposed on the main component in physical contact with a top surface of the at least one swivel support (see Fig. 3 and [0045]).
Regarding claim 14, the swivel support taught by Irvine has broadened top and bottom portions and a pin disposed between the top and bottom portions (see Fig. 3 and page 1 line 92 to page 2 line 9).
Regarding claim 15, Irvine further teaches the top and bottom of the swivel support being spherical (see Fig. 3 and page 1 line 92 to page 2 line 9).
Regarding claim 16, it would have been obvious for one of ordinary skill in the art before the effective filing date to have selected the radii of the spheres to achieve a desired degree of support and movement.
Regarding claim 18, three swivel supports (52,54,56) are disclosed.
Claims 12, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shipiro (US 2022/0111340) in view of Irvine (US 779,783) as applied above and further in view of Erdenberger (US 2014/0349385):
Regarding claim 12, Shipiro does not disclose the counterplate being ceramic. Erdenberger teaches a counterplate being ceramic (see [0100], [0101] and [0186]). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized ceramic for the counterplate to realize the corrosion resist and low friction benefits explained by Erdenberger in [0100], [0101] and [0186].
Regarding claim 13, both Shipiro and Erdenberger teach the counterplate being for rolling friction interaction (see [0045] of Shipiro and [0100], [0101] and [0186] of Erdenberger).
Regarding claim 17, Shipiro does not disclose the swivel support being plastic. Erdenberger explains that plastic provides the benefits of corrosion resistance, low weight and cost (see [0092] and [0100]). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized plastic to for the benefit of corrosion resistance, low weight and cost as explained by Erdenberger (see [0092] and [0100]).
Response to Arguments
Applicant addressed many indefiniteness issues, but in claim 14 “claims” is still plural.
No claims are rejected under section 102 as currently amended.
Applicant declined to traverse or even mention the rejections based upon Shipiro (US 2022/0111340) in view of Irvine (US 779,783).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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