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 .
Election/Restrictions
Applicant's election with traverse of Group I, now claims 19-32 and 36-39 in the reply filed on 23 July 2026 is acknowledged. Applicant argues that Schulz (US 7,632,006) does not disclose all the limitations of claim 19. In applicant’s arguments, applicant underlines the phrase “individual bodies separated from one another by spacers” and criticizes Schulz as not disclosing such. However, underlining a phrase in applicant’s remarks does not make does not make the phrase a limitation of claim 19. Schulz is merely required to disclose all the claimed features to anticipate. Anticipating underlined phrases in applicant’s remarks is not required for anticipation. Schulz expressly states that the “material mixed and/or plasticized and/or agglomerated by the screws 1, 2…”; therefore applicant’s denial of the screw flights being mixing elements is not credible. Additionally, in Figs. 9-11 of Schulz, the screw flights are discontinuous.
Applicant broadened claim 19 in some aspects (no longer requiring axial displaceable shaft) and narrowed in other aspects (requiring “first and second shafts can rotate independently of one another at different speeds, either in the same direction or in opposite directions, with the first and second shafts each being driven by an electric motor and an intermediate gearbox”). These amendments make Wenger (US 7,906,166) anticipate claim 19 as explained in detail hereinbelow.
The requirement is still deemed proper and is therefore made FINAL.
Nonetheless, upon any allowance of independent claim 19, claims having all the limitations of claim 19 will be rejoined.
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 19-32 and 36-39 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:
In independent claim 19, the new recitation “…first and second shafts can…” makes unclear whether or not the previously recited first and second shafts are being referenced. Dependent claims 20-32 and 36-39 fall with claim 19 concerning this issue.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 19, 24, 25, 28, 30, 31 and 37-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wenger (US 7,906,166):
Regarding claim 19, Wenger discloses a device comprising: a housing (12) with a melt inlet opening(36), a melt outlet opening (38) and a withdrawal opening(44) for volatile components, comprising a first rotatably driven shaft (14) and a second rotatably driven shaft (16), wherein a plurality of mixing elements (50, 52) are arranged on each shaft axially spaced from one another and rotating with the shaft, wherein the mixing elements of the first shaft are axially offset from the mixing elements of the second shaft in such a way that the mixing elements of the first shaft face interstices formed between the axially spaced mixing elements of the second shaft and the mixing elements of the second shaft are axially spaced from each other (see Fig. 4), and the mixing elements of the second shaft are axially offset from the mixing elements of the first shaft in such a way that the mixing elements of the second shaft face interstices formed between the axially spaced mixing elements of the first shaft (see Fig. 4), wherein a distance between the first and second shafts and a greatest radial length of the mixing elements are dimensioned in a way such that the mixing elements engage in the spaces opposite them (see Fig. 4) where in first (14) and second (16) rotate independently of one another at different speeds, either in the same direction or in opposite directions (see col. 4, lines 37-47), with the first and second shafts each being driven by an electric motor (54) and an intermediate gearbox (56).
Regarding claim 24, the first and second shafts are aligned in parallel to one another (see Fig. 4).
Regarding claim 25, the mixing elements include at least two blades (see Figs. 4, 8 and 12).
Regarding claim 28, the first and/or the second shaft are switchable in their direction of rotation (see col. 4, lines 37-47).
Regarding claim 30, the housing and/or at least one of the shafts are temperature-controllable (see col. 5, lines 22-23).
Regarding claim 31, the mixing elements are encased in their enveloping form by the housing (see Figs. 1-4).
Regarding claim 37, the respective rotational speeds of the first shaft and the second shaft are independently adjustable within a range of 1 rpm to 50 rpm (see col. 4, lines 37-47 and col. 5, lines 26-28).
Regarding claim 38, the first shaft and the second shaft can be rotated independently of one another at variable speeds, either in a same direction or in opposite directions (see col. 4, lines 37-47).
Claim 39 recites and intended operation rather than further structurally limiting the claimed structure.
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.
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 20, 23 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Wenger (US 7,906,166). The device of Wenger was discussed above:
Regarding claim 20, a gap size is not numerically disclosed; however, the guidance in col. 6 line 64 to col. 7 line 3 would have assisted one of ordinary skill in the art in discovering an optimal or workable range before the effective filing date.
Regarding claim 23, a gap size is not numerically disclosed; however, the guidance in col. 6 line 64 to col. 7 line 3 would have assisted one of ordinary skill in the art in discovering an optimal or workable range before the effective filing date.
Regarding claim 32, a gap size is not numerically disclosed. Figs. 4, 11 and 12 depict a small gap between the mixing elements and the housing. One of ordinary skill in the art in discovering an optimal or workable range before the effective filing date, avoiding mechanical interferences as advised in col. 6 line 64 to col. 7 line 3.
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Wenger (US 7,906,166) in view of Carney (US 2,668,756). The device of Wenger was discussed above:
Regarding claim 21, Wenger does not disclose spacers. Carney teaches interposing spacers (25, 31) between mixing elements (24, 30). It would have been obvious for one of ordinary skill in the art before the effective filing date to have interposed spacers between the mixing elements as taught by Carney to create and maintain a given separation between mixing elements.
Regarding claim 22, the spacers are discs, which may be pushed onto the respective shaft (see Fig. 1).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Wenger (US 7,906,166) in view of Eberle (US 3,622,126). The device of Wenger was discussed above. Chamfering of mixing elements is not disclosed. Eberle teaches chamfering of mixing elements (see Fig. 2 and col. 2 lines 36-44). It would have been obvious to one of ordinary skill in the art to have chamfered peripheries of mixing elements as taught by Eberle so as to propel material in a desired direction.
Claims 27 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Wenger (US 7,906,166) in view of Schulz (US 7,632,006). The device of Wenger was discussed above:
Regarding claim 27, Wegner does not disclose axial displacement of a shaft. Schulz teaches axial displacement of a shaft relative to another shaft (see col. 3, lines 39-47; col. 4, lines 46-47, col. 7, lines 5-30.) It would have been obvious for one of ordinary skill in the art before the effective filing date to have made one of the shafts axially displaceable relative to the other as taught by Schulz to improve mixing.
Regarding claim 36, while a method is not being claimed, Schulz nonetheless discloses pulsating (see col. 10, lines 5-9).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Wenger (US 7,906,166) in view of Griffith (US 2,991,870). The device of Wenger was discussed above. While Wegner further teaches a screw conveyor (24), a screw conveyor is not disclosed to be in the same housing as the first and second shafts. Griffith teaches including a screw conveyor (62 and/or 64) in the lower part of a housing the has first and second screws each having mixing elements. It would have been obvious for one of ordinary skill in the art before the effective filing date to have included a screw conveyor in the lower part of the housing to assist with discharge.
Conclusion
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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