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 Interpretation
The term “detecting part” continues to be interpreted as invoking 112(f) because the generic term “part” is solely modified with functional language.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over DeFillipi (US 5,979,794) in view of Berghaus (US 2015/0029813):
Regarding claim 1, DeFillipi discloses a mixing device, comprising: a conveying part (34), internally provided with a plurality of conveying channels (65), the plurality of conveying channels being configured to correspondingly convey various materials; a discharging pipe(38), internally provided with a mixing channel and connected to the conveying part, each of the conveying channels communicating with the mixing channel; and a movable part is arranged inside the conveying part, the movable part comprises a plurality of pistons (64), the plurality of pistons correspond to the plurality of conveying channels one by one, the plurality of pistons are movably arranged in the plurality of conveying channels, respectively, and configured to drive the various materials in the plurality of conveying channels to enter the mixing channel, and an axis of each of the plurality of pistons is parallel to an axis of the discharging pipe (see Fig. 6). However, a part detecting color is not disclosed. Berghaus teaches a detecting part (10 or a part thereof), configured to detect a color (see [0038]: "liquid colour measurement probe") of mixed material obtained after various materials are mixed in a mixing channel (see [0048] and Fig. 6). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided a detecting part as taught by Berghaus to determine if mixed material has a desired color.
Regarding claim 2, Berghaus further teaches that the discharging pipe is a transparent material (12).
Regarding claim 3, Berghaus further teaches that the material of the discharging pipe comprises at least one of glass and plastic (see [0041]).
Regarding claim 4, Berghaus further teaches that the detecting part is arranged outside the discharging pipe (see Fig. 6, the spectrophotometer is outside the pipe).
Regarding claim 5, Berghaus further teaches that the discharging pipe has a transparent area made of a transparent material (20), and the detecting part is configured to detect the color of the various materials after mixing in the mixing channel through the transparent area (see Fig. 6).
Regarding claim 6, Berghaus further teaches a light source (see [0037]: "xenon flash lamp") is configured to provide illumination light to the transparent area.
Regarding claim 7, Berghaus further teaches that the light source is arranged on the detecting part (see [0044]: "a xenon flash lamp forming part of an inline colour spectrophotometer").
Regarding claim 8, in DeFillipi the conveying part has an output end, the discharging pipe comprises a sleeving section and a mixing section, the mixing section is connected to the sleeving section, the sleeving section sleeves the output end, and the mixing section is used for mixing the various materials (see Fig. 6).
Regarding claim 9, Berghaus further teaches that the detecting part comprises a color recognition camera (see [0044]).
Regarding claim 14, the movable part of DeFillipi further comprises a connecting element (62), and the connecting element is configured for connecting the plurality of pistons.
Regarding claim 15, in a circumferential direction of the conveying part of DeFillipi, an outer peripheral surface of the conveying part is provided with a plurality of feeding ports (46), and each of the feeding ports communicates with one of the conveying channels.
Regarding claim 16, the conveying part of DeFillipi is internally provided with two conveying channels (65, 65).
Regarding claim 17, in a circumferential direction of the conveying part of DeFillipi, an outer peripheral surface of the conveying part is provided with a plurality of feeding ports, each of the feeding ports communicates with one of the plurality of conveying channels, and the plurality of feeding ports (46) are distributed at circumferential intervals.
Regarding claim 18, DeFillipi discloses a mixing device, comprising: a conveying part (34), internally provided with a plurality of conveying channels (65), the plurality of conveying channels being configured to correspondingly convey various materials; and a discharging pipe(38), internally provided with a mixing channel and connected to the conveying part, each of the conveying channels communicating with the mixing channel; wherein in a circumferential direction of the conveying part, an outer peripheral surface of the conveying part is provided with a plurality of feeding ports (46), each of the feeding ports communicates with one of the plurality of conveying channels, and the plurality of feeding ports are distributed at circumferential intervals. However, a part detecting color is not disclosed. Berghaus teaches a detecting part (10 or a part thereof), configured to detect a color (see [0038]: "liquid colour measurement probe") of mixed material obtained after various materials are mixed in a mixing channel (see [0048] and Fig. 6). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided a detecting part as taught by Berghaus to determine if mixed material has a desired color.
Claims 1-6, 8, 9 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over DeFillipi (US 5,979,794) in view of Rodrigues (US 2002/0174804):
Regarding claim 1, DeFillipi discloses a mixing device, comprising: a conveying part (34), internally provided with a plurality of conveying channels (65), the plurality of conveying channels being configured to correspondingly convey various materials; a discharging pipe(38), internally provided with a mixing channel and connected to the conveying part, each of the conveying channels communicating with the mixing channel; and a movable part is arranged inside the conveying part, the movable part comprises a plurality of pistons (64), the plurality of pistons correspond to the plurality of conveying channels one by one, the plurality of pistons are movably arranged in the plurality of conveying channels, respectively, and configured to drive the various materials in the plurality of conveying channels to enter the mixing channel, and an axis of each of the plurality of pistons is parallel to an axis of the discharging pipe (see Fig. 6). However, a part detecting color is not disclosed. Rodrigues teaches a detecting part (14), configured to detect a color of the mixed material obtained after the various materials are mixed in the mixing channel. It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided a detecting part as taught by Rodrigues to determine if mixed material has a desired color.
Regarding claim 2, Rodrigues further teaches that the discharging pipe is a transparent material (see [0030]).
Regarding claim 3, Rodrigues further teaches that the material of the discharging pipe comprises at least one of glass and plastic (see [0030]).
Regarding claim 4, Rodrigues further teaches that the detecting part is arranged outside the discharging pipe (see Fig. 1).
Regarding claim 5, Rodrigues further teaches that the discharging pipe has a transparent area made of a transparent material (see [0030]), and the detecting part is configured to detect the color of the various materials after mixing in the mixing channel through the transparent area (see Fig. 1).
Regarding claim 6, Rodrigues further teaches that a light source (12) is configured to provide illumination light to the transparent area.
Regarding claim 8, in DeFillipi the conveying part has an output end, the discharging pipe comprises a sleeving section and a mixing section, the mixing section is connected to the sleeving section, the sleeving section sleeves the output end, and the mixing section is used for mixing the various materials (see Fig. 6).
Regarding claim 9, Rodrigues further teaches that the detecting part comprises a color recognition camera (14).
Regarding claim 14, the movable part of DeFillipi further comprises a connecting element (62), and the connecting element is configured for connecting the plurality of pistons.
Regarding claim 15, in a circumferential direction of the conveying part of DeFillipi, an outer peripheral surface of the conveying part is provided with a plurality of feeding ports (46), and each of the feeding ports communicates with one of the conveying channels.
Regarding claim 16, the conveying part of DeFillipi is internally provided with two conveying channels (65, 65).
Regarding claim 17, in a circumferential direction of the conveying part of DeFillipi, an outer peripheral surface of the conveying part is provided with a plurality of feeding ports, each of the feeding ports communicates with one of the plurality of conveying channels, and the plurality of feeding ports (46) are distributed at circumferential intervals.
Regarding claim 18, DeFillipi discloses a mixing device, comprising: a conveying part (34), internally provided with a plurality of conveying channels (65), the plurality of conveying channels being configured to correspondingly convey various materials; and a discharging pipe(38), internally provided with a mixing channel and connected to the conveying part, each of the conveying channels communicating with the mixing channel; wherein in a circumferential direction of the conveying part, an outer peripheral surface of the conveying part is provided with a plurality of feeding ports (46), each of the feeding ports communicates with one of the plurality of conveying channels, and the plurality of feeding ports are distributed at circumferential intervals. However, a part detecting color is not disclosed. Rodrigues teaches a detecting part (14), configured to detect a color of the mixed material obtained after the various materials are mixed in the mixing channel. It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided a detecting part as taught by Rodrigues to determine if mixed material has a desired color.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over by DeFillipi (US 5,979,794) in view of Rodrigues (US 2002/0174804) as applied to claim 1 above, and further in view of Steenhoek (US 7,027,147):
Regarding claim 10, in Rodrigues the detecting part is only schematically shown without detailing how it is supported. Steenhoek teaches a bracket (portions of 10) a connecting a conveying part (62) with the detecting part so as to keep the detecting part outside a discharging pipe (52). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized a bracket to fixedly arrange and align elements as taught by Steenhoek.
Regarding claim 11, in Rodrigues the conveying part has an output end and a connecting end, the output end and the connecting end are arranged oppositely in a first direction (see Fig. 1 of Rodrigues) and the discharging pipe is connected to the output end (see Fig. 1 of Rodrigues). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized a bracket is connected to the connecting end to fixedly arrange and align elements as taught by Steenhoek.
Regarding claim 12, the bracket taught by Steenhoek comprises a first section, a second section and a third section connected in sequence (portions of 10 connected in sequence), the first section is connected to the connecting end, the second section extends in the first direction, the first section and the third section are arranged oppositely in the first direction and are respectively connected to both ends of the second section, and the detecting part is connected to one end of the third section far away from the second section (see Fig. 1 of Steenhoek).
Response to Arguments
Applicant arguments are moot due to the reliance upon DeFillipi in rejecting the claims as currently amended.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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