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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/14/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 4 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scriminger (US 4295744, hereinafter Scriminger).
Regarding claim 4, Scriminger discloses mixing device for mixing a slurry, said device comprising a flow path (device 28) and a pipe (elbows 38 and 36) both for the slurry, wherein said flow path is configured to receive the slurry from an inlet of the flow path (at end 18), to receive material from an above position (at segment 26) into the slurry, and, after receiving said material, to flow the slurry to an outlet (at segment 12) of the flow path while an upper surface of the slurry is always exposed to air in the flow path, and wherein said pipe is configured to receive the slurry freely falling from the outlet of the flow path, and to make the slurry impinge on a far side surface of the pipe as viewed from the outlet and fall or make the slurry fall down a center portion of the pipe such that the slurry does not fall along the near side surface of the pipe as viewed from the outlet (the device of Scriminger has all the necessary structure to perform these functions).
Although the device of Scriminger does not recite gypsum granules derived from wasted gypsum boards and gypsum slurry and supplying the slurry after mixing to a deposition tank of dihydrate gypsum, these are considered to be the material worked upon by the apparatus and an intended use of the apparatus, both of which are not germane to the issue of patentability. See MPEP 2114 and 2115. Further, the slurry impinging on the far side surface of the pipe appears to be a method of operation of the device that does not affect its structure. The recited impinging of the slurry could be achieved in any bent pipe depending on the speed at which the slurry is introduced. As held in In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967), “the manner or method in which such machine is utilized is not germane to the issue of patentability of the machine itself.” Nonetheless, the apparatus disclosed in Scriminger contains all the necessary structure to perform the functions stated in claim 4 of the present application, and thus the claim is met.
Allowable Subject Matter
Claims 1-3 and 5-7 are allowed.
Claim 1 is deemed allowable because it recites a method for mixing gypsum granules derived from wasted gypsum boards including feeding a gypsum slurry into a pipe by free fall wherein the gypsum slurry is made to impinge on the far side surface of the pipe while also not falling along the near side surface of the pipe.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art relates to gypsum slurry mixing or mixing materials by moving them through pipes having turns therein.
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.
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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.
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/MARC C HOWELL/Primary Examiner, Art Unit 1774
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