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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 2 is objected to because of the following informalities: the second occurrence of the word “that” in line 5 of the claim should be deleted. Appropriate correction is required.
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 1-4, 6 and 10-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. US 2018/0251942 A1 by Gottschalk, hereinafter “Gottschalk”.
Regarding claim 1, Gottschalk discloses a refining segment for a refiner for refining lignocellulose-containing fibrous material (refining disk segments 14 and 15 in Figs. 1-6; ¶[0035]-[0037]), the refining segment comprising:
an inner end edge (the left-hand edge of disks 14 and 15 in Figs. 3-6 are the inner end edge) and an outer end edge opposite to the inner end edge (the right-hand edge of disks 14 and 15 in Figs. 3-6 are the outer end edge); and
a refining surface (refining surface 2 and 3 in Figs. 1-6) comprising refining bars (refining bars 4 in Figs. 1-6) and refining grooves therebetween (refining grooves 5 in Figs. 1-6);
wherein the refining surface of the refining segment comprises at least one recess extending from the outer end edge of the refining segment at least partly towards the inner end edge of the refining segment (the right-hand outer end edge of refining surface 3 in Figs. 3-5 has a recessed depression 12 extending from the right-hand outer edge towards the left-hand inner edge) for forming at least partly at least one backflow guide groove extending from the outer end edge of the refining segment at least partly towards the inner end edge of the refining segment, and wherein a volume of the at least one recess is arranged to decrease towards the inner end edge of the refining segment for providing the volume of the at least one backflow guide groove to decrease towards the inner end edge of the refining segment (the volume of recessed depression 12 at the right-hand outer edge of refining surface 3 decreases as it approaches the right-most annular elevation 11 of refining surface 3).
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Regarding claim 2, Gottschalk anticipates the refining segment of claim 1 as explained above. Gottschalk further discloses the at least one recess (the recessed depression 12 at the right-hand outer end edge of refining surface 3 in Figs. 3-5) is arranged to extend from the outer end edge of the refining segment at least partly towards the inner end edge of the refining segment without extending up to the inner end edge of the refining segment for forming the at least one backflow guide groove such that it extends from the outer end edge of the refining segment at least partly towards the inner end edge of the refining segment without extending up to the inner end edge of the refining segment (the recessed depression 12 at the right-hand outer end edge of refining surface 3 in Figs. 3-5 stops at the right-most annular elevation 11 and thus does not extend up to the left-hand inner end edge of refining surface 3).
Regarding claim 3, Gottschalk anticipates the refining segment of claim 1 as explained above. Fig. 2 of Gottschalk shows the right-most recessed depression 12 of refining surface 3 in Figs. 3-6 have V-shaped portions which decrease in width as annotated in Fig. 2 of Gottschalk reproduced below.
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Regarding claim 4, Gottschalk anticipates the refining segment of claim 1 as explained above. Gottschalk further discloses the V-shape as annotated in Fig. 2 above decreases in width by at least 5% from the upper part of the V-shape to its bottom, which extends toward the inner edge end.
Regarding claim 6, Gottschalk anticipates the refining segment of claim 1 as explained above. Gottschalk further discloses the depth of recessed depression 12 at the right-hand outer end edge of refining surface 3 in Figs. 3-5 decreases towards the inner end edge of the refining segment decreasing the volume towards the inner end edge of the segment.
Regarding claim 10, Gottschalk anticipates the refining segment of claim 1 as explained above. Gottschalk further discloses the at least one backflow guide groove is substantially straight and arranged to extend in a substantially straight direction from the outer end edge of the refining segment towards the inner end edge of the refining segment (the backflow guide grooves, such as those annotated with the V-shaped Portions in the rejection of claim 3 above, are substantially straight and arranged to extend from the outer end edge to the inner end edge).
Regarding claim 11, Gottschalk anticipates the refining segment of claim 1 as explained above. Gottschalk further discloses the at least one backflow guide groove is curved and arranged to extend in a curved manner from the outer end edge of the refining segment towards the inner end edge of the refining segment (the left-hand end of the right-most recessed depression 12 in Figs. 3-5 terminates in annular elevation 11 which curves from the outer end edge toward the inner end edge as shown in the plan view of Fig. 2).
Regarding claim 12, Gottschalk anticipates the refining segment of claim 1 as explained above. Gottschalk further discloses the refining surface of the refining segment comprises holes extending through a blade segment body. See “Holes” annotation to Fig. 2 of Gottschalk reproduced below.
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Regarding claim 13, Gottschalk anticipates the refining segment of claim 12 as explained above. Gottschalk further discloses the V-shaped Portions annotated below are arranged in line with the Holes as annotated in the rejection of claim 12 above.
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Regarding claim 14, Gottschalk discloses a refining segment for a refiner for refining lignocellulose-containing fibrous material (refining disk segments 14 and 15 in Figs. 1-6; ¶[0035]-[0037]), the refining segment comprising:
an inner end edge (the left-hand edge of disks 14 and 15 in Figs. 3-6 are the inner end edge) and an outer end edge opposite to the inner end edge (the left-hand edge of disks 14 and 15 in Figs. 3-6 are the inner end edge); and
a refining surface (refining surface 2 and 3 in Figs. 1-6) comprising refining bars (refining bars 4 in Figs. 1-6) which project from a bottom level of refining grooves positioned between the refining bars (refining grooves 5 in Figs. 1-6); and
portions of the refining surface defining a backflow guide groove which is recessed below the refining bars of the refining surface, wherein the backflow guide groove extends from the outer end edge of the refining segment towards the inner end edge of the refining segment (the right-hand outer end edge of refining surface 3 in Figs. 3-5 has a recessed depression 12 extending from the right-hand outer edge towards the left-hand inner edge which is capable of functioning as a backflow guide groove), wherein a cross-sectional area of the backflow guide groove decreases as it extends towards the inner end edge of the refining segment thereby guiding a backflow of fibrous material into a refining gap above the refining surface when the refining segment is positioned opposite another refining segment within a refiner (the cross-sectional area of the right-hand most recessed depression 12 in Figs. 3-5 decreases as they extend towards the inner end edge of segment disk 15 such that it is capable of guiding a backflow of material as recited).
Regarding claim 15, Gottschalk anticipates the refining segment of claim 14 as explained above. Gottschalk further discloses the backflow guide groove (the right-most recessed depression 12 in Figs. 3-5) extends from the outer end edge of the refining segment towards the inner end edge of the refining segment without extending up to the inner end edge of the refining segment (the recessed depression 12 at the right-hand outer end edge of refining surface 3 in Figs. 3-5 stops at the right-most annular elevation 11 and thus does not extend up to the left-hand inner end edge of refining surface 3).
Regarding claim 16, Gottschalk anticipates the refining segment of claim 15 as explained above. Gottschalk further discloses the backflow guide groove (the right-most recessed depression 12 in Figs. 3-5) has a centerline extending from a first end at the outer end edge of the refining surface towards a second end which is closer to the inner end edge, and wherein the backflow guide groove has a width defined perpendicular to the centerline, and wherein a first width at the first end is greater than a second width at the second end (Fig. 2 of Gottschalk shows the right-most recessed depression 12 of refining surface 3 in Figs. 3-6 have V-shaped portions as annotated below, each of which have a width greater at the outer edge than the inner edge defined from a centerline).
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Regarding claim 17, Gottschalk anticipates the refining segment of claim 16 as explained above. Gottschalk further discloses the V-shape as annotated in Fig. 2 above decreases in width by at least 5% from the upper part of the V-shape to its bottom, which extends toward the inner edge end.
Regarding claim 18, Gottschalk anticipates the refining segment of claim 14 as explained above. Gottschalk further discloses the backflow guide groove is recessed below the bottom level of the refining grooves (right-most depression 12 in Figs. 3-5, capable of functioning as a backflow guide groove, is recessed below the bottom level of refining grooves 5 defined by annular elevations 11), and wherein a depth of the at backflow guide groove decreases as it extends towards the inner end edge of the refining segment for decreasing the volume of the backflow guide groove towards the inner end edge of the refining segment (the cross-sectional area of the right-hand most recessed depression 12 in Figs. 3-5 decreases as they extend towards the inner end edge of segment disk 15).
Claim Rejections - 35 USC § 103
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.
Claims 5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Gottschalk.
Regarding claim 5, Gottschalk anticipates the refining segment of claim 3 as explained above. But Gottschalk is silent regarding dimensions of the V-shaped Portions which are capable of functioning as backflow guide grooves. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to cause the width of the first outer end of the V-shaped Portions of Gottschalk as annotated above to be about 5-20mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, Gottschalk’s refining segment would not perform differently with the claimed width. Further, applicant places no criticality on the range claimed, indicating simply “The width W28a of the backflow guide groove 28 at the first end 28a thereof may for example be about 5mm-20mm.” See applicant’s written description at paragraph [0040].
Regarding claim 7, Gottschalk anticipates the refining segment of claim 6 as explained above. Gottschalk further discloses the at least one backflow guide groove has a first end at the outer end edge of the refining segment (see “First End” annotation to Fig. 3 of Gottschalk reproduced below) and a second end facing at least partly towards the inner end edge of the refining segment (see “Second End” annotation below), and that a bottom (see “Bottom” annotation below) of the backflow guide groove (the right-most depression 12 in Fig. 3) is arranged to ascend from the first end of the at least one backflow guide groove towards the second end of the backflow guide groove for decreasing the volume of the at least one backflow guide groove towards the inner end edge of the refining segment (the Bottom ascends from the First End to the Second End as annotated below).
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But Gottschalk is silent regarding the angle of decrease of depression 12. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to cause the angle of decrease of depression 12 to be about 0.1-5 degrees since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, Gottschalk’s refining segment would not perform differently with the claimed width. Further, applicant places no criticality on the range claimed, indicating simply “a bottom of the recess 27, is arranged to ascend from the first end 28a of the backflow guide groove 28 towards the second 28b end of the backflow guide groove 28 at an angle α of about 0.1–5 degrees”. See applicant’s written description at paragraph [0041].
Regarding claim 8, Gottschalk anticipates the refining segment of claim 6 as explained above. But Gottschalk is silent regarding a depth dimension of recessed depression 12 in Figs. 3-5. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to cause the depth of recessed depression 12 to be about 3-10mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, Gottschalk’s refining segment would not perform differently with the claimed width. Further, applicant places no criticality on the range claimed, indicating simply “The depth of the backflow guide groove 28 at the first end 28a thereof may for example be about 3 – 10 mm below a bottom of the refining grooves 26.” See applicant’s written description at paragraph [0041].
Regarding claim 9, Gottschalk anticipates the refining segment of claim 1 as explained above. But the recessed depression 12 at the right-hand outer end edge of refining surface 3 in Figs. 3 to 5 does not extend a distance of 25% to 75% of the length of refining segment 15. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to decrease the number of annular elevations 11 in Fig. 3 from three to one as Fig. 6 of Gottschalk teaches, such that the distance recessed depression 12 at the right-hand outer end edge extends increases to 25% to 75% of the length of the segment. A person of ordinary skill would have recognized applying the elevation pattern taught in Fig. 6 of Gottschalk to the refining segment shown in Fig. 3 of Gottschalk would yield the predictable result of increasing the length of depression 12 at the right-hand outer edge of the segment.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2018/0327970 A1 by Sjöström et al., hereinafter “Sjostrom” in view of Gottschalk.
Regarding claim 19, Gottschalk anticipates the refining segment of claim 14 as explained above. However, Gottschalk does not disclose portions of the refining segment define at least one hole extending through the backflow guide groove which allows the flow of fibrous material through the hole.
In the same field of refining segments for refiners, Sjostrom teaches it was known before the effective filing date of the claimed invention to design refining segments with a plurality of through-holes therethrough which allow material to be refined to pass through the through-holes as part of the refining process. See paragraph [0026] describing blade segment 8 with through openings 14 shown in Fig. 1.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the back flow guide groove disclosed by Gottschalk into refining segment 8 disclosed by Sjostrom with the back flow guide groove and refining segment merely performing their same functions as they would perform separately.
Regarding claim 20, Gottschalk anticipates the refining segment of claim 15 as explained above. But, Gottschalk does not disclose the refining segment comprises a first refining segment, and further comprising a second refining segment positioned alongside the first refining segment, and wherein the backflow guide groove is defined by a recessed portion of the first refining segment which extends along a recessed portion of the second refining segment.
In the same field of refining segments for refiners, Sjostrom teaches it was known before the effective filing date of the claimed invention to position a second refining segment along side another refining segment such that a recess of the segments extends from one segment to the next. See Fig. 3 and its written description at paragraphs [0036] to [0040].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to extend the recessed backflow guide groove across two adjacent refining segments in the same way Sjostrom teaches extending a recess across two adjacent segments. A person of ordinary skill would have recognized applying the teaching of Sjostrom to the segment disclosed by Gottschalk would result in the predictable result of the recessed guide groove extending across two adjacent segments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
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/P.D.P./ Examiner, Art Unit 3725
/BOBBY YEONJIN KIM/Primary Examiner, Art Unit 3725