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 .
Response to Arguments
The Applicant’s arguments as related to the drawing objection (Remarks, page 11) is found to be persuasive. The objection to the drawings is withdrawn. The drawings filed September 9th, 2023 are accepted.
The Applicant argues that new claim 130 is based on the combination of previously indicated allowable claim 25 (Remarks, page 13). However, the indicated allowability of the subject matter is withdrawn in view of the newly discovered references to Wang (US 20210395443) and Behnsen (attached CA 2401842A1). Rejections based on the newly cited references follow.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 131 and 132 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 131 recites “wherein the intermediate vessel further comprises a partitioning wall extending from the base level toward the opening of the intermediate vessel to physically isolate the first intermediate volume from the second intermediate volume” (e.g., as shown in Fig. 16), but claim 131 is dependent on claim 130 which recites “the first intermediate volume defined from the base level upward to the outlet, the second intermediate volume defined from the first intermediate volume upward toward the opening” (e.g., as shown in Fig. 17) and the specification does not appear to disclose how the limitation stated above for claim 130 could be combined with the limitation stated above for claim 131 (which depends on claim 130). These appear to describe two separate embodiments whose combination is not reasonably disclosed in the specification.
Claim 132 is rejected by virtue of its dependency on claim 131.
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, 4, 10, 13-15, 17-19, 25-26, 30-31, 34-36, 38, 40, 42, 44, 46, 50, 54, and 130-133 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 1 recites the limitation "the first intermediate volume" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the second intermediate volume" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “a first intermediate volume” in line 7 which should be changed to “the first intermediate volume".
Claim 1 recites “a second intermediate volume” in line 9 which should be changed to "the second intermediate volume".
Claims 4, 10 and 13-15 are rejected by virtue of their dependency on claim 1.
Claim 17 recites “a base level” and “an exterior wall”. However, base levels and an exterior wall are already recited in claim 1 and it is unclear if these are the same or different from the previously recited limitations.
Claim 18 recites “the base level” in line 2 and similar to claim 17, it is unclear if this is the same as the first or second base levels previously recited in claim 1. The dependency could be changed to claim 1 and “the base level” changed to “the first base level”.
Claim 19 is rejected by virtue of its dependence on claims 1 and 18.
Claim 25 recites “the base level” in line 6 and similar to claim 17, it is unclear if this is the same as the first or second base levels previously recited in claim 1. The dependency could be changed to claim 1 and “the base level” changed to “the first base level”.
Claims 26, 30-31, 34-36, 38, 40, 42, 44, 46, 50 and 54 are rejected by virtue of their dependence on claim 1.
Claim 130 recites the limitation "the first intermediate volume" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 130 recites the limitation "the second intermediate volume" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 130 recites “a first intermediate volume” in line 7 which should be changed to “the first intermediate volume".
Claim 130 recites “a second intermediate volume” in line 9 which should be changed to "the second intermediate volume".
Claims 131-133 are rejected by virtue of their dependence on claim 130.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 130 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20210395443) in view of Wagner et al. (US 5232960) and Sato et al. (US 7728100) and with or without Behnsen (attached CA 2401842A1).
Regarding claim 130, Wang discloses a method for inline resin (polyglycolic acid, Abstract) mixing (para. [0006]), comprising: establishing a flow of a mixed resin comprising a first mixing component (such as glycolide, para. [0006] or polyglycolic acid, para. [0051]) and a second mixing component (such as glycolide, para. [0006] or polyglycolic acid, para. [0051]) as shown below:
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Wang discloses receiving the flow of the mixed resin (resin will comprise polyglycolic acid, glycolide monomer or other components) at an inlet configured to initially direct the mixed resin to the first intermediate volume (bottom portion of vessel C located below the outlet) and configured to subsequently direct the mixed resin to the second intermediate volume (portion of vessel C above the outlet); directing at least an initial portion of the mixed resin to a first intermediate volume (initially the flow will fill the bottom of vessel); and subsequently directing a remainder of the mixed resin to a second intermediate volume after a predetermined triggering event relating to a continuing flow of the mixed resin (the triggering event being the volume of resin delivered to vessel C exceeding the volume of the bottom portion of the vessel [the first intermediate volume] resulting in a rising level of resin which proceeds to fill the upper portion of vessel C [the second intermediate volume]), and wherein an intermediate vessel (vessel C) comprises the first intermediate volume and the second intermediate volume (annotated above), and wherein the intermediate vessel further comprises a base level and an exterior wall extending from an exterior portion of the base level (bottom of vessel) to an opening (modifying agent inlet) to the intermediate vessel, and wherein the intermediate vessel further comprises an outlet (shown above) disposed along the exterior wall for dispensing mixed resin from the second intermediate volume (the resin dispensed to the device D will be resin from the second intermediate volume where the outlet is located), the outlet disposed above the first intermediate volume (shown above) such that the mixed resin in the first intermediate volume is not dispensed through the outlet when the mixed resin is dispensed from the second intermediate volume, the first intermediate volume defined from the base level upward to the outlet, the second intermediate volume defined from the first intermediate volume upward toward the opening (shown above).
As discussed above the flow of resin is presumed to be a mixed flow comprising polymer, monomer and other components and insomuch as Wang does not expressly state it is a mixed flow, Sato et al. discloses a polyglycolic acid resin forming process (Abstract) and teaches that polyglycolic acid in a molten state will include at least the polymer and monomer as a mixture (col. 4, lines 10-13).
Therefore, the melt stream (Wang, “melted polymerization composition”, para. [0015]) entering the intermediate vessel (vessel C) is either a mixture or the process of Wang could be modified to produce polyglycolic acid resin which would include a mixed resin entering vessel C.
The person of ordinary skill in the art would have found it obvious to use different conditions (such as components and/or temperature) in the process resulting in a mixed resin stream entering the intermediate vessel to thereby achieve the predictable result of forming pellets of a desired polyglycolic acid composition (Wang, pellets, para. [0015], Sato et al., pelletization, col. 4, line 54).
Wang is silent as to an inlet spout.
However, Wagner et al. discloses a resin process (Abstract) and teaches delivering melt via a spout (melt-conveying line 34 uses a spout – nozzle 35, Fig. 2, col. 10, lines 39-40).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Wang wherein the process uses an inlet spout for the intermediate vessel.
The person of ordinary skill in the art would have been motivated to utilize a spout in order to deliver the resin mixture away from the wall of the vessel and into the mixing zone (i.e. near the mixing component of Wang rotating at 200 RPM, para. [0051]).
Assuming, arguendo, that Wang does not disclose an outlet disposed along the exterior wall (a side outlet); Behnsen discloses a vessel (tank 17) having an outlet (outlet 20) disposed along the exterior wall (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Wang wherein the intermediate vessel includes an outlet through the exterior wall (a side outlet).
The person of ordinary skill in the art would have been motivated to include a side outlet in order to help ensure material of the desired density (which is related to a desired molecular weight, Wang, pars. [0013], [0022], [0044]) is passed through the outlet and/or to collect heavy contaminants and to prevent them from entering the outlet (Behnsen, Abstract, page 11, lines 17-21).
Claim 134 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20210395443) in view of Wagner et al. (US 5232960) and Sato et al. (US 7728100) and with or without Behnsen (attached CA 2401842A1).
Regarding claim 134, Wang discloses a mixed resin retention assembly (outlined above for claim 130) for inline resin mixing (polyglycolic acid mixing, para. [0051]) or otherwise the device of Wang would be fully capable of receiving a mixed resin and “it is well-settled that the material worked upon by an apparatus does not limit apparatus claims”. See MPEP 2115.
Wang discloses the device comprises an inlet (shown above for claim 130) configured to receive a flow of a mixed resin from a mixed resin supply subsystem (the vessel C of Wang receives a flow of mixed resin such as comprising glycolide and polyglycolic acid, pars. [0006] and [0051], Fig. 1 and/or is fully capable of receiving a flow of a mixed resin), the mixed resin comprising a first mixing component and a second mixing component (as stated above, “it is well-settled that the material worked upon by an apparatus does not limit apparatus claims” and the assembly of Wang would be fully capable of receiving a mixed resin having multiple components); and an intermediate vessel (vessel C) comprising a first intermediate volume and a second intermediate volume (shown annotated above for claim 130), the first intermediate volume configured to hold at least an initial portion of the mixed resin, the second intermediate volume configured to hold a remainder of the mixed resin, and wherein the inlet and the intermediate vessel are configured such that the mixed resin is initially directed to the first intermediate volume (initially the flow will fill the bottom of vessel) and subsequently directed to the second intermediate volume in response to a predetermined triggering event related to a continuing flow of the mixed resin (the triggering event being the volume of resin exceeding the volume of the bottom portion of the vessel), and wherein the intermediate vessel further comprises a base level (bottom of vessel, shown above for claim 130) and an exterior wall (shown above for claim 130) extending from an exterior portion of the base level to an opening (modifying agent inlet, Fig. 1) to the intermediate vessel, and wherein the intermediate vessel further comprises an outlet disposed along the exterior wall for dispensing mixed resin from the second intermediate volume (Fig. 1, shown above for claim 130), the outlet disposed above the first intermediate volume such that the mixed resin in the first intermediate volume is not dispensed through the outlet when the mixed resin is dispensed from the second intermediate volume (the resin dispensed to the device D will be resin from the second intermediate volume where the outlet is located), the first intermediate volume defined from the base level upward to the outlet, the second intermediate volume defined from the first intermediate volume upward toward the opening (shown above for claim 130).
Wang is silent as to an inlet spout.
However, Wagner et al. discloses a resin process (Abstract) and teaches delivering melt via a spout (melt-conveying line 34 uses a spout – nozzle 35, Fig. 2, col. 10, lines 39-40).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Wang wherein the process uses an inlet spout for the intermediate vessel.
The person of ordinary skill in the art would have been motivated to utilize a spout in order to deliver the resin mixture away from the wall of the vessel and into the mixing zone (i.e. near the mixing component of Wang rotating at 200 RPM, para. [0051]).
Assuming, arguendo, that Wang does not disclose an outlet disposed along the exterior wall (a side outlet); Behnsen discloses a vessel (tank 17) having an outlet (outlet 20) disposed along the exterior wall (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Wang wherein the intermediate vessel includes an outlet through the exterior wall (a side outlet).
The person of ordinary skill in the art would have been motivated to include a side outlet in order to help ensure material of the desired density (which is related to a desired molecular weight, Wang, pars. [0013], [0022], [0044]) is passed through the outlet and/or to collect heavy contaminants and to prevent them from entering the outlet (Behnsen, Abstract, page 11, lines 17-21).
Allowable Subject Matter
Claim 55 is allowed.
The subject matter claims 1, 4, 10, 13-15, 18-19, 25-26, 30-31, 34-36, 38, 40, 42, 44, 46, 50, and 54 would be allowable upon resolution of the rejections under 35 U.S.C. 112(b) discussed above.
Claim 130 would be allowable if combined with the limitations of claim 132 or the limitations of claim 133 and upon resolution of the rejection of claim 130 under 35 U.S.C. 112(b).
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record discloses methods for resin mixing comprising establishing a flow of a mixed resin comprising first and second components and directing a first portion to a first intermediate volume and subsequently directing a second portion to a second intermediate volume including a second intermediate volume formed above an outlet in an intermediate vessel with an opening in the second intermediate volume. The prior art of record discloses resin mixing methods using an intermediate vessel.
However, the prior art of record did not reasonably disclose, teach or otherwise suggest a method for resin mixing comprising establishing a flow of a mixed resin comprising first and second components and directing a first portion, via a spout, to a first intermediate volume of an intermediate vessel and subsequently directing a second portion, via the spout to a second intermediate volume of the intermediate vessel and where the intermediate vessel has a first base level (e.g. a first bottom surface) and a second base level (e.g. a second bottom surface) with a connecting wall between an interior portion of the first base level and an interior portion of the second base level and an exterior wall extending from an exterior portion of the first base level and an exterior portion of the second base level to an opening to the intermediate vessel and wherein the first intermediate volume is defined from the first base level upward to the second base level, the second intermediate volume defined from the second base level upward toward the opening. The prior art did not reasonably disclose, teach or otherwise suggest a retention assembly having an intermediate vessel with first and second intermediate volumes and an inlet spout for receiving a flow of material where the inlet spout and the intermediate vessel are configured to initially direct flow to the first intermediate volume and subsequently direct flow to the second intermediate volume in response to a predetermined triggering event where the intermediate vessel has a first base level (e.g. a first bottom surface) and a second base level (e.g. a second bottom surface) with a connecting wall between an interior portion of the first base level and an interior portion of the second base level and an exterior wall extending from an exterior portion of the first base level and an exterior portion of the second base level to an opening to the intermediate vessel and wherein the first intermediate volume is defined from the first base level upward to the second base level, the second intermediate volume defined from the second base level upward toward the opening.
Likewise, the prior art of record did not reasonably disclose, teach or otherwise suggest a method for resin mixing comprising establishing a flow of a mixed resin comprising first and second components and directing a first portion to a first intermediate volume of an intermediate vessel, via a spout, and subsequently directing a second portion to a second intermediate volume of the intermediate vessel via the spout and where the intermediate vessel further comprises a base level and an exterior wall extending from an exterior portion of the base level to an opening to the intermediate vessel and where the intermediate vessel further comprises an outlet disposed along the exterior wall for dispensing mixed resin from the second intermediate volume, the outlet disposed above the first intermediate volume such that the mixed resin in the first intermediate volume is not dispensed through the outlet when the mixed resin is dispensed from the second intermediate volume, the first intermediate volume defined from the base level upward to the outlet, the second intermediate volume defined from the first intermediate volume upward toward the opening and where the method further comprises one of the following:
Moving at least one of the inlet spout and the intermediate vessel from a first position in which the mixed resin is directed to the first intermediate volume to a second position in which the mixed resin is directed to the second intermediate volume after the predetermined triggering event; or:
Monitoring a parameter associated with the flow of the mixed resin to obtain a measurement; comparing the measurement to a predetermined threshold associated with the predetermined triggering event; and changing the directing of the mixed resin from the first intermediate volume to the second intermediate volume after the measurement exceeds the predetermined threshold.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M MCCARTY whose telephone number is (571)272-4398. The examiner can normally be reached Monday - Thursday 9:00 AM - 5:00 PM.
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/P.M.M./Examiner, Art Unit 1774
/CLAIRE X WANG/Supervisory Patent Examiner, Art Unit 1774
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