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 . 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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 7 objected.
Claim 7 should be amended (for example) to read as:
A filtrate sampling device for collecting a filtrate sample from a pulp solution, the filtrate sampling device comprising:
a jacket ;
a hollow piston rod comprising a first end and a second end, the hollow piston rod being arranged inside the said jacket in a longitudinal direction of the jacket, and arranged to reciprocate inside the jacket in the longitudinal direction of the jacket; and
a hole screen arranged into the hollow piston rod,
wherein
there is a narrow clearance between the jacket and the hole screen and an end edge of the jacket is arranged to clean the hole screen as the hollow piston rod moves into the jacket ,
wherein
the filtrate sampling device is equipped with a backflush equipment comprising an empty space between an inner wall of the jacket and the hollow piston rod; an opening in the hollow piston rod providing a path to the empty space; and a protrusion around the hollow piston rod effectively creating a piston affecting a volume of the empty space.
Claim 8, last line, “jacket the longitudinal direction” should be read as “jacket in the longitudinal direction”.
Examiner holds that because of not clear and confusing use of “;” and “,”, the scope of claim 7 is not completely clear that even in some parts it does not comply with 35 U.S.C. 112, as cited in the next section of this office action.
Appropriate action 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 7-10 and 12 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 7 in last paragraph recites:
“an opening in the piston rod providing path to the empty space and a protrusion around the piston rod effectively creating a piston affecting the volume of the empty space.”
it is not clear if an opening is affecting the volume of the empty space, or a protrusion around the piston rod or what? besides it is not clear what is interpreted as effectively and what is not effectively? rendering claim unclear and indefinite. For examination it is interpreted that any of them effectively creating a piston affecting the volume of the empty space.
Remaining claims are rejected due to their dependencies to claim 7.
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 7-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Skalen, US 6463816 B1 in view of Skallen-2, US 4635470 A.
Claim 7
Skalen teaches:
A filtrate sampling device for collecting a filtrate sample from a pulp solution, the filtrate sampling device 1 comprising:
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a jacket ( 5, 5-2),
a hollow piston rod (portions including P, 4, C broadly interpreted as a hollow piston rod) comprising a first end A and a second end B, the piston rod (P,4,C) being arranged inside the said jacket 5 in the longitudinal direction of the jacket 5, and arranged to reciprocate inside the jacket 5 in the longitudinal direction of the jacket ( 5,5-2) , and
a hole screen 4 arranged into the piston rod (P, 4, C),
wherein in the filtrate sampling device the hole screen 4 comprises a number of holes (H between wires 8), and
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there is a narrow clearance between the jacket 5 and the hole screen 41 and the end edge of the jacket 5,5-2 is arranged to clean the hole screen 4 as the piston rod (P, 4, C) moves into the jacket 5,5-2, Skalen teaches backflush equipment (backflush equipment as jacket and filter 4 are providing the backflush e.g., col.1 lines 39-45) comprising empty space between the inner wall of the jacket (portion 5-2) and the piston rod (P,C,4: better shown in fig.3).
Skalen does not specifically teach an opening in the piston rod providing path to the empty space and a protrusion around the piston rod effectively creating a piston affecting the volume of the empty space.
In the similar field of endeavor, Skallen-2 teaches:
the filtrate sampling device 1 is comprising empty space (empty space inside piston housing 4 which is changing depends on piston rod 5 in sampling or retracting position ,e.g., col.2 lines 30-36) between the inner wall of the jacket (walls 4) and the piston rod 5, an opening (through hole 9 in 5 to carry samples e.g., col.2 lines 30-36) in the piston rod 5 providing path to the empty space (empty space inside piston housing 4 which is changing depends on piston rod 5 in sampling or retracting position) and a protrusion (not-labeled but wider portions of 5) around the piston rod 5 effectively creating a piston 5 affecting the volume of the empty space (volume of empty space inside piston housing 4 which changes depends on piston rod 5 in sampling or retracting position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Skallen-2‘s opening in the piston rod for Skalen’s backflush equipment providing path to the empty space and a protrusion around the piston rod effectively creating a piston affecting the volume of the empty space for the modified Skalen‘s filtrate sampling device. One of ordinary skill in the art would have been motivated to make this modification in order to form a continuous chamber to avoid dead spaces which can give rise to collections of fibers from different samplings (e.g., Skallen-2 col.2 L.42-44).
Claim 8
Skalen in view of Skallen-2 teaches the filtrate sampling device according to claim 7, Skalen further teaches additionally comprising an actuator 2 connected to the second end B of the piston rod P,4,C and arranged to reciprocate the piston rod P,4,C inside the jacket 5 the longitudinal direction of the piston rod P,4,C.
Claim 9
Skalen in view of Skallen-2 teaches the filtrate sampling device according to claim 7, Skalen further teaches wherein the hole screen 4 is arranged at the first end A of the piston rod P,4,C.
Claim 10
Skalen in view of Skallen-2 teaches the filtrate sampling device according to claim 7, Skalen further teaches wherein the piston rod P,4,C extends (FIG.3)2 to the inside of the jacket 5.
Claim 12
Skalen in view of Skallen-2 teaches the use of a filtrate sampling device according to claim 7 for collecting a filtrate sample form a pulp solution for determining the chemical properties of the filtrate (intended use met by cited filtrate sampling device e.g., col.1 lines 12-14, col.2 line 29)3.
Claim 7 also is rejected under 35 U.S.C. 103 as being unpatentable over Skalen, US 6463816 B1 in view of LI, CN 109030104 A.
Skalen teaches:
A filtrate sampling device for collecting a filtrate sample from a pulp solution, the filtrate sampling device 1 comprising:
a jacket ( 5,5-2) ,
a hollow piston rod (portions including P, 4, C broadly interpreted as a hollow piston rod) comprising a first end A and a second end B, the piston rod (P,4,C) being arranged inside the said jacket 5 in the longitudinal direction of the jacket (5,5-2), and arranged to reciprocate inside the jacket (5,5-2) in the longitudinal direction of the jacket 5,5-2, and
a hole screen 4 arranged into the piston rod (P, 4, C),
wherein in the filtrate sampling device the hole screen 4 comprises a number of holes (H between wires 8), and
there is a narrow clearance between the jacket 5 and the hole screen 44 and the end edge of the jacket 5,5-2 is arranged to clean the hole screen 4 as the piston rod (P, 4, C) moves into the jacket 5, Skalen teaches backflush equipment (backflush equipment as jacket and filter 4 are providing the backflush e.g., col.1 lines 39-45) comprising empty space between the inner wall of the jacket (portion 5-2) and the piston rod (P,C,4: better shown in fig.3).
Skalen does not specifically teach an opening in the piston rod providing path to the empty space and a protrusion around the piston rod effectively creating a piston affecting the volume of the empty space.
In the similar field of endeavor, LI teaches: empty space between the inner wall of the jacket (inner wall of 1 including 101,103,102) and the piston rod (hollow piston rod 3), an opening (7) in the piston rod (3) providing path to the empty space (space between 3 and 1) and a protrusion (2) around the piston rod (3) effectively creating a piston (3,8) affecting the volume of the empty space (space between 1 and 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use LI‘s opening in the piston rod for Skalen’s backflush equipment providing path to the modified Skalen’s empty space and a protrusion around the modified piston rod effectively creating a piston affecting the volume of the empty space for the modified Skalen‘s filtrate sampling device. One of ordinary skill in the art would have been motivated to make this modification in order to form a continuous chamber and removing the samples to desired container for following process (e.g., LI the disclosure for extracting samples via 4 and locking portion 2 to limit the movement of piston inside 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
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/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 Same as narrow clearance between the jacket and the hole screen in instant application
2 This is similar to figs.2-3 of instant application
3 Intended use also met by col.4 lines 43-52 of Sallwn-2 based on obviousness
4 Same as narrow clearance between the jacket and the hole screen in instant application