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 .
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.
Claim(s) 1, 3, 5-8, 11-13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nangle (GB 2405180) in view of in view of Groeger (US 3,430,573).
In Reference to Claim 1
(See Nangle, Figures 1-3)
Nangle discloses:
A material mover assembly, comprising
a chamber (9) having an inlet (10) and an outlet (11);
a first paddle (4) and a second paddle (5); and
a gear assembly (12) (See Nangle, Pages 1-2),
wherein the first paddle (4) is positioned in and configured to rotate circumferentially in the chamber (9), the second paddle (5) is positioned in and configured to rotate circumferentially in the chamber (9) (See Nangle, Pages 1-2),
the gear assembly (12) comprises an input drive shaft (motor drive shaft), a first output drive shaft (7), and a second output drive shaft (8), the first output drive shaft (7) and the second output drive shaft (8) are coaxial and concentric, the first output drive shaft (7) is coupled to and configured to drive the first paddle (4), and the second output drive shaft (8) is coupled to and configured to drive the second paddle (5), and a relative motion of the first paddle (4) and the second paddle (5) causes material to be pulled into the chamber (9) via the inlet (10) and pushed out of the chamber (9) via the outlet (11) in a forward direction. (See Nangle, Pages 1-2).
Nangle discloses the claimed invention except:
the first paddle and the second paddle, if not static, each rotate at a varying rate in a repeating pattern over a rotation cycle.
Groeger discloses a rotary volume varying pump. (See Groeger, Column 1, Lines 28-36). Groeger discloses a gear assembly with a first set of gears coupled to the input drive shaft and the first output drive shaft, and a second set of gears coupled to the input drive shaft and the second output drive shaft. (See Groeger, Figures 3-4, Column 5, Lines 23-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the elliptical dual shaft gearing of Groeger as the gear unit of Nangle, as both references are directed towards variable volume pumps. One of ordinary skill in the art would have recognized that the gear assembly of Groeger would have been a simple substitution of one known single input motor driven concentric dual output drive shaft pump gear assembly for another that would yield the predictable result of reliably controlling the variable volume pump.
The Examiner notes that the rate of rotation varies over the repetitive cycle if the paddles are not static.
In Reference to Claim 3
(See Nangle, Figures 1-3)
The Nangle-Groeger combination discloses:
wherein as the first paddle (4) rotates, the second paddle (5) is static or nearly static for at least a portion of a first paddle (4) rotation cycle, and wherein as the second paddle (5) rotates, the first paddle (4) is static or nearly static for at least a portion of a second paddle (5) rotation cycle. (See Nangle, Figure 3, Pages 1-2 w/respect to stationary & rotation).
In Reference to Claim 5
(See Nangle, Figures 1-3)
The Nangle-Groeger combination discloses:
Wherein the gear assembly (12) is configured to couple to a constant speed electric motor to drive the input drive shaft. (See Nangle, Claim 3).
In Reference to Claim 6
The Nangle-Groeger combination discloses:
wherein the gear assembly comprises a first set of gears coupled to the input drive shaft and the first output drive shaft, and a second set of gears coupled to the input drive shaft and the second output drive shaft. (See Groeger, Figures 3-4, Column 5, Lines 23-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the elliptical dual shaft gearing of Groeger as the gear unit of Nangle, as both references are directed towards variable volume pumps. One of ordinary skill in the art would have recognized that the gear assembly of Groeger would have been a simple substitution of one known single input motor driven concentric dual output drive shaft pump gear assembly for another that would yield the predictable result of reliably controlling the variable volume pump.
In Reference to Claim 7
The Nangle-Groeger combination discloses:
wherein the input drive shaft is positioned along a first axis, and the first and second output drive shafts are positioned along a second axis. (See Groeger, Figures 3-4, Column 5, Lines 23-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the elliptical dual shaft gearing of Groeger as the gear unit of Nangle, as both references are directed towards variable volume pumps. One of ordinary skill in the art would have recognized that the gear assembly of Groeger would have been a simple substitution of one known single input motor driven concentric dual output drive shaft pump gear assembly for another that would yield the predictable result of reliably controlling the variable volume pump.
In Reference to Claim 8
The Nangle-Groeger combination discloses:
wherein the gear assembly comprises two sets of oval-shaped gears. (See Groeger, Figures 3-4, Column 5, Lines 23-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the elliptical dual shaft gearing of Groeger as the gear unit of Nangle, as both references are directed towards variable volume pumps. One of ordinary skill in the art would have recognized that the gear assembly of Groeger would have been a simple substitution of one known single input motor driven concentric dual output drive shaft pump gear assembly for another that would yield the predictable result of reliably controlling the variable volume pump.
In Reference to Claim 11
(See Nangle, Figures 1-3)
Nangle discloses:
Wherein the rotation cycle repeating pattern is adjustable. (See Nangle, Figure 3, Pages 1-2 w/reversible).
In Reference to Claim 12
(See Nangle, Figures 1-3)
Nangle discloses:
wherein a paddle rotation direction is reversible, the reversible rotation direction configured to pull material into the chamber via the outlet (11) and to push out of the chamber (9) via the inlet (10) in a reverse direction. (See Nangle, Figure 3, Pages 1-2 w/reversible).
In Reference to Claim 13
(See Nangle, Figures 1-3)
Nangle discloses:
wherein paddle rotation is driven by material flow to create mechanical or electrical energy.
Nangle discloses all of the structural limitations of claim 13. As all of the structural limitations are disclosed, “wherein paddle rotation is driven by material flow to create mechanical or electrical energy”, is capable of being executed.
In Reference to Claim 16
(See Nangle, Figures 1-3)
Nangle discloses:
wherein the material is one or more of a gas, a gas/particulate mixture, a liquid, or a particulate solid. (See Nangle, Pages 1-2 w/fluids & solids).
.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nangle (GB 2405180) in view of Groeger (US 3,430,573), further in view of Wehrlen (US 5,994,794).
In Reference to Claim 14
The Nangle-Groeger combination discloses the claimed invention except:
a mechanism configured to store energy and configured to release the energy on demand.
Wehrlen discloses a backup power system for a processing plant. (See Wehrlen, Abstract). Wehrlen discloses a battery bank and power generation device for maintaining uninterrupted power at a processing plant. (See Wehrlen, Column 3, Lines 20-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the uninterrupted power system of Wehrlen for the processing plant with pump of Nangle, as both references are directed towards processing plant devices. One of ordinary skill in the art would have recognized that the uninterrupted power supply system including battery backup would have ensured at least a controlled sequential shutdown of the system by allowing uninterrupted power in order to prevent losses (i.e.-meat processing losses due to pump shutdown) and/or damage due to a power outage. (See Wehrlen, Column 1, Lines 11-50).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nangle (GB 2405180) in view of Groeger (US 3,430,573), further in view of Zunhammer (EP 0841484).
In Reference to Claim 15
The Nangle-Groeger combination discloses the claimed invention except:
first paddle and/or the second paddle comprises a flexible end in contact with an interior surface of the chamber.
Zunhammer (Zun) discloses a rotary pump. (See Zunhammer, Abstract). Zun discloses using a flexible seal on rotary vanes to contact the outer wall of the rotary pump. (See Zun, Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used flexible seals on the paddles Nangle to contact the outer wall, as both references are directed towards rotary pumps. One of ordinary skill in the art would have recognized that flexible seals would have ensured constant sealing contact with the pump chamber outer wall while allowing for minor changes creating an adaptable yet sealed and efficient rotary pump. (See Zun, Machine Translation, Page 2 with respect to “seals” and “sealing”).
Claim(s) 1 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nangle (GB 2405180) in view of Hoganson (US 3,930,415).
In Reference to Claim 1
(See Nangle, Figures 1-3)
Nangle discloses:
A material mover assembly, comprising
a chamber (9) having an inlet (10) and an outlet (11);
a first paddle (4) and a second paddle (5); and
a gear assembly (12) (See Nangle, Pages 1-2),
wherein the first paddle (4) is positioned in and configured to rotate circumferentially in the chamber (9), the second paddle (5) is positioned in and configured to rotate circumferentially in the chamber (9) (See Nangle, Pages 1-2),
the gear assembly (12) comprises an input drive shaft (motor drive shaft), a first output drive shaft (7), and a second output drive shaft (8), the first output drive shaft (7) and the second output drive shaft (8) are coaxial and concentric, the first output drive shaft (7) is coupled to and configured to drive the first paddle (4), and the second output drive shaft (8) is coupled to and configured to drive the second paddle (5), and a relative motion of the first paddle (4) and the second paddle (5) causes material to be pulled into the chamber (9) via the inlet (10) and pushed out of the chamber (9) via the outlet (11) in a forward direction. (See Nangle, Pages 1-2).
Nangle discloses the claimed invention except:
the first paddle and the second paddle, if not static, each rotate at a varying rate in a repeating pattern over a rotation cycle.
Hoganson (Hogan) discloses a gear assembly for a pump or motor. (See Hogan, Column 1, Lines 37-41). Hogan discloses a gear assembly with a first set of gears coupled to the input drive shaft and the first output drive shaft, and a second set of gears coupled to the input drive shaft and the second output drive shaft. (See Hogan, Figures 3-4, Column 5, Lines 23-65 & Column 2, Lines 52-65 w/respect to round eccentric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the dual concentric shaft gearing of Hogan to transmit output on the first and second outputs shafts of Nangle, as both references are directed towards pumps. One of ordinary skill in the art would have recognized that the gear assembly of Hogan would have been a simple substitution of one known single input motor driven concentric dual output drive shaft pump gear assembly for another that would yield the predictable result of reliably controlling the variable volume pump with varying rotation outputs.
The Examiner notes that the rate of rotation varies over the repetitive cycle if the paddles are not static.
In Reference to Claim 9
The Nangle-Hogan combination discloses:
wherein the gear assembly comprises two sets of round eccentric gears. (See Hogan, Figures 3-4, Column 5, Lines 23-65 & Column 2, Lines 52-65 w/respect to round eccentric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the dual concentric shaft gearing of Hogan to transmit output on the first and second outputs shafts of Nangle, as both references are directed towards pumps. One of ordinary skill in the art would have recognized that the gear assembly of Hogan would have been a simple substitution of one known single input motor driven concentric dual output drive shaft pump gear assembly for another that would yield the predictable result of reliably controlling the variable volume pump with varying rotation outputs.
In Reference to Claim 10
The Nangle-Hogan combination discloses:
wherein the gear assembly comprises two sets of oval-shaped eccentric gears. (See Hogan, Figures 3-4, Column 5, Lines 23-65 & Column 2, Lines 52-65 w/respect to oval eccentric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the dual concentric shaft gearing of Hogan to transmit output on the first and second outputs shafts of Nangle, as both references are directed towards pumps. One of ordinary skill in the art would have recognized that the gear assembly of Hogan would have been a simple substitution of one known single input motor driven concentric dual output drive shaft pump gear assembly for another that would yield the predictable result of reliably controlling the variable volume pump with varying rotation outputs.
Response to Arguments
Applicant's arguments filed 07 August 2025 have been fully considered but they are not persuasive.
In response to Applicant’s arguments that the recitations of amended claim 1 are not taught or suggested by the prior art of record, the Office respectfully disagrees.
Applicant argues that none of the cited references of the rejection of record discloses “the first paddle and the second paddle, if not static, each rotate at a varying rate in a repeating pattern over a rotation cycle”. Specifically, Applicant argues that the further definition of the varying rate of the first and second paddle define over the art of record. However, as noted by the rejections of claim 1 above, the Nanglle-Groeger and the Nangle-Hogan combinations, each respectively, disclose the feature of “the first paddle and the second paddle, if not static, each rotate at a varying rate in a repeating pattern over a rotation cycle”. (See Claim 1 rejections above).
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 MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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