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 Objections
Claims 1 and 5 are objected to because of the following informalities.
In claim 1, for proper grammar, the term “wherein” should be included before the word “bottoms” in line 8 and the term “and” should be included after the word “plate” in line 17.
In claim 5, the claim recites “being separated into bumps by first annular groove” (line 6) and “being separated into bumps by second annular groove” in line 9. For proper grammar, these should be either “a [first, second] annular groove” or “[first, second] annular grooves.” It is noted that claim 6 uses proper grammar when describing the grooves.
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 1-10 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 “a second blending blade” in line 6. There is no first blending blade mentioned in the claim, and thus it is unclear how many blending blades are required by the claim.
Claim 2 recites “a fourth bracket” in line 8 and “a third bracket” in line 10. There are no first or second brackets mentioned in the claims, and thus it is unclear how many brackets are required by the claims.
Claims 5 and 6 recite that structures are “distributed coaxially”, but it is not clear what structures are distributed coaxially. As currently written the bumps or the annular grooves might be distributed coaxially. Claims 5 and 6 should be clarified with regard to the phrase “distributed coaxially.”
Claim 6 also recites “third annular grooves” and “fourth annular grooves” but depends from claim 1 in which no annular grooves are mentioned. It is thus unclear how many annular grooves are required by claim 6.
Claim 7 recites “the rotating shaft” in line 1. For consistency of language, this should recite “the rotary shaft” as in claim 1.
Any claim not specifically addressed above is rejected because it depends directly or indirectly from an indefinite claim.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 1 is deemed allowable because, although a rotatable inner tank having blending blades contained within an outer tank is known in the art (see additional references cited), those features in combination with an emulsification tank, rotary shaft, and collision mixing mechanism as recited in the claim are not reasonably disclosed, taught, or suggested by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited art generally discloses asphalt mixing devices having an inner tank and an outer tank.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC C HOWELL whose telephone number is (571)272-9834. The examiner can normally be reached Monday-Friday 8-5.
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, Claire 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARC C HOWELL/Primary Examiner, Art Unit 1774
Prosecution Insights