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
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tashiro et al. (EP 1634,650) in view of Takahashi et al. (JP 2003-225515, the passages cited below refer to the machine-generated English translation submitted with the instant office action).
Per claim 1, Tashiro et al. disclose a defoaming structure of a separation device ([0013] An object of this invention is to provide a cyclone-type separator for separating foreign matter from liquid, in which the liquid cleaned can be prevented from bubbling, without using de-foaming agent or a device dedicated to de-foaming.), comprising:
a cyclone (2) extending along a center axis (Fig. 2), including an introduction portion which includes an introduction port (25) to introduce a liquid containing foreign matters into an inner part (20; Fig. 2), and a drain portion (20, 21; Fig. 2) including a discharge port (24) provided at a lower end to discharge the liquid and the foreign matters (Fig. 2), and swirling the liquid in the inner part (Fig. 2; [0026]Therefore, the interior of the main body 20 is an eddy-generating chamber 23 that gradually narrows toward the lower end.); and wherein the drain portion includes a first member (21) connected to the introduction portion (Fig. 2),
a second member (22) connected to the first member (Fig. 2) and having the discharge port provided thereon (Fig. 2), and a first inner peripheral surface formed from the first member toward the second member (Fig. 2) and having an inner diameter decreasing downward in the direction of extension (Fig. 2),
the discharge port includes a second inner peripheral surface connected to the first inner peripheral surface and having an inner diameter increasing downward from the first inner peripheral surface in the direction of extension (Fig. 2),
and an opening portion which is provided at an end and through which
the foreign matters pass (Fig. 2), and
the liquid and the foreign matters discharged from the discharge port are
discharged downward through the opening portion ([0015] In the cyclone-type separator, the foreign matter contained in the liquid is separated by virtue of a centrifugal force as the liquid swirls in the main body, and the foreign matter thus separated is made to fall along an inner surface of the main body and is discharged through the discharge port.; [0026] Therefore, the interior of the main body 20 is an eddy-generating chamber 23 that gradually narrows toward the lower end. The conical part 22 has a discharge port 24 in its lower end.). Tashiro et al. do not disclose a cylindrical member surrounding the discharge port at an interval in a radial direction of separating from the center axis, and extending downward from the discharge port in a direction of extension of the cyclone, the cylindrical member includes a third inner peripheral surface surrounding the discharge port, a virtual surface on which the second inner peripheral surface extends toward the third inner peripheral surface along the direction of extension, intersects the third inner peripheral surface.
Takahashi et al., also directed to a structure of a separation device (1; Fig. 2; abstract, To provide a filter apparatus capable of certainly separating fine matter in large quantities in a short time by a small-sized structure to certainly remove the same and lowered in cost by eliminating washing work or replacing work.), disclose providing a cylindrical member (2, 2a) surrounding a discharge port (2b) at an interval in a radial direction of separating from the center axis (Fig. 2), and extending downward from the discharge port in a direction of extension of the cyclone (Fig. 2), the cylindrical member includes a third inner peripheral surface surrounding the discharge port (Fig. 2) in order to, for example, decelerate and settle fine materials from a mixture of liquid (10) and fine materials (11) (page 7, The clean fluid from which 1 has been removed flows from the central direction toward the fluid outlet 2d direction, and by decelerating this vortex with the plurality of closed cylindrical bodies 2, the fine particles 11 settle and are guided to the taper lower portion 2a. Is guided to the communication hole 2b and sequentially enters the lower closed cylindrical body 2,).
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Tashiro et al. such that it comprises a cylindrical member surrounding the discharge port at an interval in a radial direction of separating from the center axis, and extending downward from the discharge port in a direction of extension of the cyclone, the cylindrical member includes a third inner peripheral surface surrounding the discharge port in order to, for example, decelerate and settle fine materials from a mixture of liquid and fine materials.
The limitation of a “virtual” surface on which the second inner peripheral surface extends toward the third inner peripheral surface along the direction of extension and intersects the third inner peripheral surface is not given patentable weight as it fails to impose additional structure to the device of Tashiro et al., as modified by Takahashi et al. If it is applicant’s position that the limitation somehow adds structure to the device of Tashiro et al., as modified by Takahashi et al., it is submitted that it would have been readily obvious to provide a “virtual” surface on which the second inner peripheral surface extends toward the third inner peripheral surface along the direction of extension and intersects the third inner peripheral surface to determine a point at which liquids or fine material may contact the third inner peripheral surface. Clearly, the skilled artisan could mentally (i.e., virtually) draw a line from the discharge port (24) of Tashiro et al., which has an angled second inner peripheral surface (Fig. 2), to the third inner peripheral surface (inner surface of settling device 3; Fig. 2) of Takahashi et al. in order to, for example, determine where water and/or fine matter may contact the surface when the water and/or fine matter follow the angle of the discharge port or extrapolate a liquid and/or fine matter level.
Per claim 2, Tashiro et al. do not disclose wherein the cylindrical member includes a first cylindrical member having the third inner peripheral surface, and a second cylindrical member connected to the first cylindrical member to extend downward in the direction of extension, the opening portion is provided at an end portion opposite to an end portion connected to the first cylindrical member, in the second cylindrical member, and area of the opening portion is smaller than area of the first cylindrical member, in plan view.
Takahashi et al. disclose wherein the cylindrical member includes a first cylindrical member (the upper portion of cylindrical member 2) having the third inner peripheral surface, and a second cylindrical member (2a) connected to the first cylindrical member to extend downward in the direction of extension, an opening portion (defining orifice 2b) is provided at an end portion opposite to an end portion connected to the first cylindrical member (Fig. 2), in the second cylindrical member (Fig. 2), and area of the opening portion is smaller than area of the first cylindrical member, in plan view (Fig. 2 ) in order to, for example, in order to, for example, decelerate and settle fine materials from a mixture of liquid and fine materials.
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Tashiro et al. such that it comprises wherein the cylindrical member includes a first cylindrical member having the third inner peripheral surface, and a second cylindrical member connected to the first cylindrical member to extend downward in the direction of extension, the opening portion is provided at an end portion opposite to an end portion connected to the first cylindrical member, in the second cylindrical member, and area of the opening portion is smaller than area of the first cylindrical member, in plan view in order to, for example, decelerate and settle fine materials from a mixture of liquid and fine materials.
Per claim 3, Tashiro et al., as modified by Takahashi et al., disclose wherein
a width of the second cylindrical member in the radial direction is smaller toward
the opening portion, in a cross-section along the center axis (see Takahashi et al. Fig. 2).
Per claim 4, Takahashi et al. disclose wherein the cylindrical member further includes a communication hole (defined by conduit 31) which makes an inner part and an outer part of the cylindrical member communicate with each other, and the communication hole is located above the discharge port in the direction of extension (Fig. 2).
Per claim 5, Tashiro et al. do not disclose the device further comprising:
a cover including a side wall surrounding the introduction portion and the first member, and a bottom wall connected to the side wall, wherein the cylindrical member is connected to the bottom wall.
Takahashi et al. disclose providing a cover (2; Fig. 8) including a side wall surrounding at least a portion of an introduction portion (2c; Fig. 8) and the first member (Fig. 8) in order to, for example, receive the liquid and fine particles and facilitate vortex formation or swirling around the cylindrical member.
Accordingly, it would have been readily obvious for the skilled artisan to modify the device of Tashiro et al. such that it comprises a side wall surrounding at least a portion of an introduction portion and the first member in order to, for example, receive the liquid and fine particles and facilitate vortex formation or swirling around the cylindrical member.
Regarding a bottom wall connected to the side wall, wherein the cylindrical member is connected to the bottom wall, it is submitted that it would have been a routine matter of design choice to provide bottom wall connected to the side wall, wherein the cylindrical member is connected to the bottom wall, depending on anticipated fine material loading the results desired. Further, absent a proper showing of criticality, providing the bottom wall connected to the side wall, wherein the cylindrical member is connected to the bottom wall, would have been obvious to a person of ordinary skill in the art at the time of the invention to allow for a balance of liquid and fine material settling, depending on the anticipated contaminant loading and the results desired.
Per claim 6, Tashiro et al. do not disclose the device further comprising
a sedimentation tank provided below the discharge port in the direction of
extension to store the liquid and the foreign matters discharged from the discharge port.
Takahashi et al. disclose providing a functional equivalent of a sedimentation tank (3; page 7, A settling cup 3 constituting a settling section B is connected to the tapered lower portion 2a of the lowermost closed cylindrical body 2. The settling cup 3 is composed of a lid 3a and a cup body 3b.) provided below the discharge port in the direction of extension to store at least some liquid (as Takahashi et al. do not disclose that the fine materials are dried) and the foreign matters discharged from the discharge port (Fig. 2). While described above relative to the disclosure of Takahashi et al., the limitation of the sedimentation tank storing liquid and foreign matters is not given patentable weight as it fails to impose additional structure to the device of Tashiro et al., as modified by Takahashi et al. Further, it is well settled that “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990). Claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78 (Fed Cir. 1997).
Per claim 7, the limitation of wherein the discharge port is provided at an interval from a liquid level of the sedimentation tank in the direction of extension, and a position where the virtual surface intersects the third inner peripheral surface is located above the liquid level in the direction of extension, it is submitted that the limitation is a process limitation as the liquid level is variable and fails to impose structure on the device. If it is applicant’s position that the limitation somehow adds structure to the device of Tashiro et al., as modified by Takahashi et al., it is submitted that it would have been well within the purview of the skilled artisan to modify the device of Tashiro et al., as modified by Takahashi et al. such that is comprises wherein the discharge port is provided at an interval from a liquid level of the sedimentation tank in the direction of extension, and a position where the virtual surface intersects the third inner peripheral surface is located above the liquid level in the direction of extension in order to, for example, determine a maximum liquid which will allow the liquids and fine materials impinge or collide with the inner peripheral surface.
Per claim 8, regarding wherein the opening portion is submerged in the liquid stored in the sedimentation tank, it is submitted that it is submitted that the limitation is one of intended use that fails to impose additional structure on the device of Tashiro et al., as modified by Takahashi et al., as the liquid level would be expected to be dependent on process conditions such as liquid flow rate, volume and anticipated contaminant loading. If it is applicant’s position that the limitation somehow adds patentable weight, it is submitted that it would have been readily obvious for the skilled artisan to modify the device of Tashiro et al., as modified by Takahashi et al., such that it comprises wherein the opening portion is submerged in the liquid stored in the sedimentation tank in order to, for example, provide a liquid seal to minimize the egress of any gases from the sedimentation tank.
Conclusion
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/FRED PRINCE/
Primary Examiner
Art Unit 1779