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 § 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 1-11, 13 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.
Claims 1-11 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Claim 1 contains two sentences as there is a period after the word “shaft” in line 3. Claim 1 is also narrative as each element is claimed as its function or structure is being discussed:
“a vessel having a cylindrical wall with a stirrer arranged in the vessel…”
Compared to:
“a vessel having a cylindrical wall,
a stirrer arranged in the vessel;
a rotationally driven stirrer shaft;
wherein the stirrer is mounted on a first end of the stirrer shaft…”
This continues throughout the claims. The elements should generally be claimed before their function or structure is claimed.
Claim 1 recites the limitation "which first electrode" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear what the term “which” is referring to.
Claim 1 recites “a spacing”. It is unclear what “a spacing” would include as a spacing generally requires two objects to be spaced from each other. What is the second reference point for the spacing?
Claim 3 recites the limitation "a gap" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "which lid" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "axial insulator" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the stirrer shaft in at least one axial insulator section consists of insulator material. The wording of the claim is confusing.
Claim 6 recites the limitation "the axial insulator" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the region" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the drive" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 is not clear and should be broken up. It is not clear which parts are connected together as the claim is not grammatically correct.
Claim 9 recites the limitation "the interspace" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 is grammatically incorrect.
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.
Claim(s) 1, 3-4, 9-10, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshino (US 6,678,470).
Hoshino discloses, regarding claim 1, A device for applying electric current to mass, comprising a vessel (container 23a) having a cylindrical wall (Fig 5 shows a cylindrical wall) with a stirrer (stirring blades 41, 41a, 41b) arranged in the vessel (Figs 5 and 6 show the stirrer mounted in the container 23a), the stirrer being mounted on a first end of a rotationally driven stirrer shaft (Stirring blades are mounted on fixed rod 36 for rotation) wherein the stirrer shaft with a spacing is enclosed by a first electrode (Fig 6 shows a first electrode 26 being spaced from the shaft 36), which first electrode is immobile and fixed to a lid arranged to cover an open cross- section of the vessel (lid 12 covers the cross section of the container 23a), and the cylindrical wall forms a second electrode (wall 23 forms the second electrode), wherein the first electrode and the second electrode are connectable to opposite polarities of a current source. (first and second electrodes are connected to power supply 31 for supplying current. Fig 3 shows the lead screw shaft which rotates the electrode as being attached to the lid, therefore the electrode would be attached to the lid.)
Regardless it would have been obvious to construct the first electrode as immobile and fixed to a lid since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art.
Regarding claim 3, Fig 6 shows the spacing between the electrode 26 and the shaft being sealed.
Regarding claim 4, Fig 6 shows the lid covering a cross sectional opening of the container and having a lead for an electrical lead to connect the first electrode to the power supply. Hoshino fails to disclose the lid being made from a non-conductive material. It would have been obvious to one having ordinary skill in the art at the time the invention was made to construct the lid being made from a non-conductive material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 9, Fig 6 shows the stirrer being an anchor type stirrer in the space between the electrodes, movable in a circular path. Regarding claim 10, Fig 6 shows the electrodes being concentric.
Hoshino discloses, regarding claim 12, A device for applying electric current to mass, comprising a vessel (container 23a) having a cylindrical wall (Fig 5 shows a cylindrical wall) with a stirrer (stirring blades 41, 41a, 41b) arranged in the vessel (Figs 5 and 6 show the stirrer mounted in the container 23a), the stirrer being mounted on a first end of a rotationally driven stirrer shaft (Stirring blades are mounted on fixed rod 36 for rotation) wherein the stirrer shaft with a spacing is enclosed by a first electrode (Fig 6 shows a first electrode 26 being spaced from the shaft 36), which first electrode is immobile and fixed to a lid arranged to cover an open cross- section of the vessel (lid 12 covers the cross section of the container 23a), and the cylindrical wall forms a second electrode (wall 23 forms the second electrode), wherein the first electrode and the second electrode are connectable to opposite polarities of a current source. (first and second electrodes are connected to power supply 31 for supplying current. Fig 3 shows the lead screw shaft which rotates the electrode as being attached to the lid, therefore the electrode would be attached to the lid.)
Regardless it would have been obvious to construct the first electrode as immobile and fixed to a lid since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art.
Regarding claim 14, the container is filled with a mass and the stirrer is rotated with a current being applied to the electrodes.
Allowable Subject Matter
Claims 2, 5, 6-8, 11, 13 may be objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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, Ibrahime Abraham can be reached at 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 6/17/2026
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