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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the bracket recites in claims 5, 6, 16 and 20, and furthermore the snout of the pump outlet recited in claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner,
the applicant will be notified and informed of any required corrective action in the next
Office action. The objection to the drawings will not be held in abeyance.
The drawings are also objected to because in figures 1 and 3A, the numerical label (18) stated in the specification for designating the second chamber appears to be pointing to a wall or an edge of a wall. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: it appears the specification as originally filed does not provide any clear support for the limitation "the molten metal pump comprises an outlet that is positioned to be in fluid communication with the opening in the vessel wall" as recited in claims 1 and 13. Furthermore, it appears the specification as originally filed does not provide any clear support for a snout of the pump outlet as recited in claim 7.
The specification is also objected to because in page 1, para [0001], the status of the U.S. Patent Application Serial No. 16/877,296 should be updated as Now U.S. Patent No. 11,858,036. Appropriate correction is required.
Claim Objections
Claims 7 and 13 are objected to because of the following informalities:
In claim 7, lines 2-3, it is suggested to replace “the outlet has a snout that is positioned at least partially the opening in of vessel wall” with -- the outlet has a snout that is positioned at least partially in the opening in of vessel wall--.
In claim 13, line 8, it is suggested to replace “a height H5, wherein H4 is greater than H3 and H5 is greater than H4,” with -- a height H5, wherein H4 is greater than H3, and H5 is greater than H4, --. Appropriate correction is required.
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 1-20 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 second height" in the middle of line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the molten metal pump comprises an outlet in fluid communication with the opening in the vessel wall" in lines 4-6. In particular, it is unclear from the manner in which the claim is written as to what the phrase “outlet in fluid communication with the opening in the vessel wall” means because (i) none of the figures in the drawing distinctly show an outlet of the pump (22) fluidly coupled to any wall of the vessel (12)(note none of the walls of the vessel is labeled in the figures); (ii) there is however, a dividing wall (14) that separates vessel (12) into at least two chambers (16 and 18) which appears to be a partition wall within the vessel cavity that is fluidly coupled to what appears to be the pump outlet by the molten metal flow direction indicated by an arrow as shown in figures 1, 2 and 3A. (note, the pump outlet is not clearly labeled in any of the figures). The claim is therefore rendered indefinite since the scope is unascertainable.
Claim 7, recites the limitation “a pump housing that comprises the outlet, and the outlet has a snout that is positioned at least partially the opening in of vessel wall” in lines 1-3. In particular, it is unclear from the manner in which the claim is written as to what the phrase “snout that is positioned at least partially the opening in of vessel wall” means because none of the figures in the drawing distinctly show an outlet of the pump (22) to include a snout that is positioned at least partially in the opening in of vessel
wall; at least at best in figures 1 and 3A, the pump outlet including said claimed snout
appears to be positioned at least partially in an opening in a dividing or a partition wall (14). The claim is therefore rendered indefinite since the scope is unascertainable.
Claim 13 recites the limitation "the molten metal pump comprises an outlet that is positioned to be in fluid communication with the opening in the vessel wall" in lines 11-13. In particular, it is unclear from the manner in which the claim is written as to what the phrase “an outlet that is positioned to be in fluid communication with the opening in the vessel wall" means because (i) none of the figures in the drawing distinctly show an outlet of the pump (22) fluidly coupled to any opening in the wall (note none of the walls of the vessel is labeled in the figures) of the vessel (12), (ii) there is however; a dividing (14) that separates vessel (12) into at least two chambers (16 and 18) which appears to be a partition wall within the vessel cavity that is fluidly coupled to what appears to be the pump outlet by the molten metal flow direction indicated by an arrow as shown in figures 1, 2 and 3A. (note, the pump outlet is not clearly labeled in any of the figures). The claim is therefore rendered indefinite since the scope is unascertainable.
Art rejection
Besides the rejecting under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, presented above, the claims are free from art rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cooper (US 8,337,746), Cooper (US 11,858,036), Hansen et al. (US 6,698,494), Sutton et al. (US 5,735,334) and Pedersen (US 5,758,712) are also cited in PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ABOAGYE whose telephone number is (571)272-8165. The examiner can normally be reached 8:30AM-5:00PM.
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/M.A/Examiner, Art Unit 1733
/JESSEE R ROE/Primary Examiner, Art Unit 1759