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 statements (IDS) submitted are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 14 is objected to because of the following informalities: double recitation of the word “the” at the end of line 8 and the beginning of line 9 and in the 19th line of the claim. 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 9, 14-16 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 9 recites the limitation "the flat plate rotor" in the 3rd and 4th lines of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 9 will be interpreted as depending from claim 2 for examination purposes to provide sufficient antecedent basis.
Claim 14 recites the limitation "the flat plate rotor" in the 15th line of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 14 will be interpreted as not including the flat plate rotor limitation for examination purposes.
Claim 15 is rejected as being dependent upon rejected claim 14.
Claim 16 recites the limitation “the flat plate rotor” in the 3rd and 4th lines of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 16 will be interpreted as depending from claim 11 for examination purposes to provide sufficient antecedent basis.
Claim Rejections - 35 USC § 102
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 1-4 and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 3,688,991 to Andrews, hereinafter “Andrews”.
Regarding claim 1, Andrews discloses a jet mill device (device apparatus 150 in Fig. 10; col. 9, line 14-17) comprising
a cavity chamber (chamber 152 in Fig. 10; col. 9, l. 17) for pulverizing a material to be pulverized into a fine powder, an inner surface of the cavity chamber being formed of a material having a hardness higher than a hardness of the material to be pulverized (This claim recitation is dependent upon the material intended to be worked upon by the device such that it does not limit this apparatus claim. See M.P.E.P. §2115. Fig. 10 shows chamber 152 being made of metal. See M.P.E.P. §608.02,IX.), and
an air flow generator for generating an air flow swirled in the cavity chamber (col. 10, l. 2-4 discloses nozzle 212 in Fig. 10 is connected to a source of high pressure gas),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides with the inner surface of the cavity chamber, thereby the material to be pulverized is pulverized into the fine powder (col. 10, l. 4-9 discloses the high pressure gas accelerates the material into chamber 152 where it collides with the inner surface of the chamber and rotating anvils 166).
Regarding claim 2, Andrews anticipates the jet mill according to claim 1 as explained above. Andrews further discloses
a rotor body (rotor body frame 156 in Fig. 10; col. 9, l. 22) having a flat plate rotor rotating within the cavity chamber (rotor plate 158 in Fig. 10 rotates on shaft 154; col. 9, line 14-23), a surface of the flat plate rotor being formed of a material having a higher hardness than that of the material to be pulverized (This claim recitation is dependent upon the material intended to be worked upon by the device such that it does not limit this apparatus claim. Col. 10, l. 45-47 discloses plates 158 and 160 are coated with a hard, wear-resisting material 214 and 216 in Fig. 10.),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides the inner surface of the cavity chamber and the surface of the flat plate rotor, thereby the material to be pulverized is pulverized into the fine powder (col. 10, l. 4-9 discloses the high pressure gas accelerates the material into chamber 152 where it collides with the inner surface of the chamber and rotor plate 158).
Regarding claim 3, Andrews anticipates the jet mill according to claim 2 as explained above. Andrews further discloses wherein the rotor body (rotor body frame 156 in Fig. 10) is formed by alternately stacking the flat plate rotor and a spacer (frame 156 in Fig. 10 is formed by alternately stacking flat plate 158, spacer wall 162 and flat plate 160), and a diameter of the spacer is smaller than a diameter of the flat plate rotor (the diameter of spacer wall 162 is smaller than the diameter of plates 158 and 160 in Fig. 10).
Regarding claim 4, Andrews anticipates the jet mill according to claim 1 as explained above. Andrews further discloses a plurality of notches are formed on an outer circumference of the flat plate rotor of the rotor body. Fig. 11 shows anvils 166 are spaced about frame 156 so as to form notches therebetween.
Regarding claim 10, Andrews discloses a milling method for pulverizing a material to be pulverized into a fine powder by a jet mill device (col. 9, l. 54 through col. 10, l. 62 discloses a method of using the device apparatus 150 shown in Fig. 10 and 11) comprises a cavity chamber (chamber 152 in Fig. 10) for pulverizing the material to be pulverized into the fine powder, an inner surface of the cavity chamber being formed of a material having a hardness higher than a hardness of the material to be pulverized (Fig. 10 shows chamber 152 being made of metal. See M.P.E.P. §608.02,IX. Raw material disclosed at col. 9, l. 54 having hardness lower than metal may be pulverized.), and an air flow generator for generating an air flow swirled in the cavity chamber (col. 10, l. 2-4 discloses nozzle 212 in Fig. 10 is connected to a source of high pressure gas),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides with the inner surface of the cavity chamber, whereby the material to be pulverized, thereby the material to be pulverized is pulverized into the fine powder (col. 10, l. 4-9 discloses the high pressure gas accelerates the material into chamber 152 where it collides with the inner surface of the chamber and rotating anvils 166).
Regarding claim 11, Andrews anticipates the milling method according to claim 10 as explained above. Andrews further discloses the jet mill device (device apparatus 150 in Fig. 10) further comprises a rotor body (rotor body frame 156 in Fig. 10; col. 9, l. 22) having a flat plate rotor rotating within the cavity chamber (rotor plate 158 in Fig. 10 rotates on shaft 154; col. 9, line 14-23), a surface of the flat plate rotor being formed of a material having a higher hardness than that of the material to be pulverized (Col. 10, l. 45-47 discloses plates 158 and 160 are coated with a hard, wear-resisting material 214 and 216 in Fig. 10. Raw material disclosed at col. 9, l. 54 having hardness lower than wear-resisting material 214 and 216 may be pulverized.),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides the inner surface of the cavity chamber and the surface of the flat plate rotor, thereby the material to be pulverized is pulverized into the fine powder (col. 10, l. 4-9 discloses the high pressure gas accelerates the material into chamber 152 where it collides with the inner surface of the chamber and rotating anvils 166).
Regarding claim 12, Andrews anticipates the milling method of claim 11 as explained above. Andrews further discloses the rotor body of the jet mill device (rotor body frame 156 in Fig. 10) is formed by alternately stacking the flat plate rotor and a spacer (frame 156 in Fig. 10 is formed by alternately stacking flat plate 158, spacer wall 162 and flat plate 160), and a diameter of the spacer is smaller than a diameter of the flat plate rotor (the diameter of spacer wall 162 is smaller than the diameter of plates 158 and 160 in Fig. 10),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides upper surfaces, outer surfaces and lower surfaces of the stacked flat plate rotors, thereby the material to be pulverized is pulverized into the fine powder (col. 10, l. 4-9 discloses the high pressure gas accelerates the material into chamber 152 in Fig. 10 where it collides with upper surfaces 214, outer surface 166 and lower surfaces 216 of frame 156).
Regarding claim 13, Andrews anticipates the milling method of claim 10 as explained above. Andrews further discloses a plurality of notches are formed on an outer circumference of the flat plate rotor of the rotor body of the jet mill device (Fig. 11 shows anvils 166 are spaced about frame 156 so as to form notches therebetween),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides the plurality of notches on the outer circumference of the flat plate rotor, thereby the material to be pulverized is pulverized into the fine powder (col. 10, l. 4-9 discloses the high pressure gas accelerates the material into chamber 152 where it collides with and between 166 shown in Fig. 11).
Claims 1, 5-6, 10 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent Publication No. JP 2009-106839 A by Ito et al., hereinafter “Ito”.
Regarding claim 1, Ito discloses a jet mill device (jet mill device 10 in Fig. 5; ¶[0051] and [0052]) comprising
a cavity chamber for pulverizing a material to be pulverized into a fine powder (cavity chambers 12A, 12B and 12C in Fig. 5), an inner surface of the cavity chamber being formed of a material having a hardness higher than a hardness of the material to be pulverized (This claim recitation is dependent upon the material intended to be worked upon by the device such that it does not limit this apparatus claim. See M.P.E.P. §2115. Fig. 5 shows the chambers are made of metal. See M.P.E.P. §608.02,IX.), and
an air flow generator for generating an air flow swirled in the cavity chamber (each chamber has nozzles 21 in Fig. 5 which supply high-pressure gas from supply tube 41; ¶[0013]),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides with the inner surface of the cavity chamber, thereby the material to be pulverized is pulverized into the fine powder (¶[0020]-[0022] disclose swirling gas is used to crush material within the chambers of the device).
Regarding claim 5, Ito anticipates the jet mill device according to claim 1 as explained above. Ito further discloses
wherein a plurality of stages of the cavity chamber and the air flow generator are stacked via a partition plate (the jet mill shown in Fig. 5 has three stages stacked via partition plate connecting conduits 151),
wherein the partition plate has an opening for leading the fine powder pulverized in the cavity chambers in a lower stage to the cavity chambers in an upper stage (partition plate connecting conduits 151 have flow passage openings 15 leading the powder from lower stage 12A to upper stages 12B and 12C).
Regarding claim 6, Ito anticipates the jet mill device according to claim 5 as explained above. Ito further discloses
wherein at least three or more stages of the cavity chamber and the air flow generator are stacked via the partition plate (the jet mill shown in Fig. 5 shows three stages 12A, 12B and 12C),
wherein a diameter of the opening of the partition plate positioned between a first stage of the cavity chamber and the air flow generator, and a second stage of the cavity chamber and the air flow generator is smaller than a diameter of the opening of the partition plate positioned between the second stage of the cavity chamber and the air flow generator, and a third stage of the cavity chamber and the air flow generator (the jet mill shown in Fig. 5 includes flow control bodies 17 which are capable of changing the size of the opening in partition plate connecting conduits 151 such that control bodies 17 may be adjusted to make the opening of conduit 151 into chamber 12A larger than the opening of conduit 151 between chambers 12A and 12B).
Regarding claim 10, Ito discloses a milling method for pulverizing a material to be pulverized into a fine powder by a jet mill device comprises a cavity chamber for pulverizing the material to be pulverized into the fine powder (cavity chambers 12A, 12B and 12C in Fig. 5), an inner surface of the cavity chamber being formed of a material having a hardness higher than a hardness of the material to be pulverized, and an air flow generator for generating an air flow swirled in the cavity chamber (Fig. 5 shows chambers 12A, 12B and 12C being made of metal. See M.P.E.P. §608.02,IX. Raw material disclosed at paragraph [0002] having hardness lower than metal may be pulverized.),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides with the inner surface of the cavity chamber, whereby the material to be pulverized, thereby the material to be pulverized is pulverized into the fine powder (¶[0020]-[0022] disclose swirling gas is used to crush material within the chambers of the device).
Regarding claim 14, Ito anticipates the milling method according to claim 10 as explained above. Ito further discloses
wherein in the jet mill device, a plurality of stages of the cavity chamber and the air flow generator are stacked via a partition plate (the jet mill shown in Fig. 5 has three stages stacked via partition plate connecting conduits 151), and the partition plate has an opening for leading the fine powder pulverized in the cavity chambers in a lower stage to the cavity chambers in an upper stage (partition plate connecting conduits 151 have flow passage openings 15 leading the powder from lower stage 12A to upper stages 12B and 12C),
wherein the material to be pulverized is fed into the cavity chamber in the lower stage (material is fed to lower stage chamber 12A by material supply unit 32 in Fig. 5; ¶[0012]),
wherein the material to be pulverized fed into the cavity chamber in the lower stage is swirled by the air flow generated by the air flow generator in the lower stage, the material to be pulverized collides with each other and the material to be pulverized collides the inner surface of the cavity chamber, thereby the material to be pulverized is pulverized into the fine powder (material is fed by supply unit 32 into lower stage chamber 12A in Fig. 5 where material is swirled by high-speed gas flow),
wherein the fine powder pulverized in the cavity chamber in the lower stage is fed into the cavity chamber in the upper stage via the opening of the partition plate (powder pulverized in chamber 12A in Fig. 5 is fed to upper stage chambers 12B and 12C via openings 15 of partition plate connecting conduits 151),
wherein the material to be pulverized fed into the cavity chamber in the upper stage is swirled by the air flow generated by the air flow generator in the upper stage, the material to be pulverized collides with each other and the material to be pulverized collides the inner surface of the cavity chamber, thereby the material to be pulverized is further pulverized into the fine powder (high-speed gas flow within upper stage chamber 12C in Fig. 5 swirls material within the chamber to be pulverized).
Claims 1, 5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent Publication No. JP 2008-246298 A by Kiyoyuki, hereinafter “Kiyoyuki”.
Regarding claim 1, Kiyoyuki discloses a jet mill device (jet mill device 26shown in Figs. 1 and 2; ¶[0022]) comprising
a cavity chamber for pulverizing a material to be pulverized into a fine powder (cavity chamber 29 in Fig. 2; ¶[0023]), an inner surface of the cavity chamber being formed of a material having a hardness higher than a hardness of the material to be pulverized (¶[0026] discloses inner wall surface portions 28A1 to 28A3 are made of harder material than the material being comminuted), and
an air flow generator for generating an air flow swirled in the cavity chamber (generator tank 27 in Figs. 1 and 2 generates high pressure injected into chamber 29 by nozzles 30; ¶[0028]-[0033]),
wherein the material to be pulverized fed into the cavity chamber is swirled by the air flow generated by the air flow generator and collides with the inner surface of the cavity chamber, thereby the material to be pulverized is pulverized into the fine powder (material to be pulverized is fed into cavity 29 via supply nozzle 31 in Fig. 2 where the material swirls and collides with the cavity 29 to comminute the material into a fine powder as disclosed in ¶[0055]).
Regarding claim 5, Kiyoyuki anticipates the jet mill according to claim 1 as explained above. Kiyoyuki further discloses a plurality of stages of the cavity chamber (Fig. 2 shows three cavity stages 29) and the air flow generator are stacked via a partition plate (nozzles 30 in Figs. 1 and 2 are stacked via partition rings 28C1 through 28C4 in Fig. 2),
wherein the partition plate has an opening for leading the fine powder pulverized in the cavity chambers in a lower stage to the cavity chambers in an upper stage (Fig. 2 shows an opening between partition rings 28C1 through 28C4 and partition plates 28E1 and 28E2 where the pulverized powder is led from lower partition ring 28C3 to upper partition ring 28C1).
Regarding claim 8, Kiyoyuki anticipates the jet mill device according to claim 5 as explained above. Kiyoyuki further discloses
wherein the cavity chamber in the upper stage comprises a plurality of small cavity chambers (the upper most cavity stage 29 in Fig. 2 is divided into smaller cavities on either side of outlet 33),
wherein the partition plate has a plurality of openings for leading the fine powder pulverized in the cavity chamber in the lower stage to the plurality of small cavity chambers in the upper stage (Fig. 2 shows a plurality of openings between rings 28C1-4 and plates 28E1-2 for leading powder from the lower stage in ring 28C3 to the small cavities in the upper stage in ring 28C1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ito in view of U.S. Patent No. 2,690,880 to Chatelain, hereinafter “Chatelain”.
Regarding claim 7, Ito anticipates the jet mill device according to claim 5 as explained above. Ito further discloses the cross-section of chambers 12 is circular as shown in Fig. 2. Therefore, Ito does not disclose the limitations of claim 7.
In the same field of jet mills, Chatelain teaches it was known before the effective filing date of the claimed invention to change the cross-sectional shape of the cavity chamber from circular to non-circular to prevent unwanted accumulation of material in the chamber. See col. 1, line 18 through col. 2, line 17. Fig. 2 of Chatelain shows an octagonal cross-sectional shape. Fig. 5 shows a square cross-sectional shape.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of Ito’s lower stage cavity 12A to an octagonal shape as shown in Fig. 2 of Chatelain and change the shape of Ito’s upper stage cavity 12C to a square shape as shown in Fig. 5 of Chatelain to prevent unwanted accumulation of material in the respective chambers. A person of ordinary skill would have recognized applying the teaching of Chatelain to the jet mill of Ito would achieve the predictable result of changing the shape of It’s chambers as Chatelain teaches.
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Andrews in view of U.S. Patent Application Publication No. US 2004/0182956 A1 by Tsai et al., hereinafter “Tsai”.
Regarding claim 9, Andrews anticipates the jet mill according to claim 2 as explained above. Column 10, line 45-47 of Andrews further discloses surfaces 214 and 216 in Fig. 10 are hard, wear-resisting coatings. But the material make-up of coatings 214 and 216 is not given.
In the same field of jet mills, Tsai teaches it was known before the effective filing date of the claimed invention to use diamond coated wheels to comminute material. See Tsai’s abstract.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a diamond electro-deposited coating as Andrews’ disclose wear-resistant coating 214/216 in the same way Tsai teaches. A person of ordinary skill would have recognized applying the teaching of Tsai to the disclosure of Andrews would achieve the predictable result of specifically using diamond coating as a hard, wear-resisting coating.
Regarding claim 16, Andrews anticipates the milling method of claim 10 as explained above. Column 10, line 45-47 of Andrews further discloses surfaces 214 and 216 in Fig. 10 are hard, wear-resisting coatings. But the material make-up of coatings 214 and 216 is not given.
In the same field of jet mills, Tsai teaches it was known before the effective filing date of the claimed invention to use diamond coated wheels to comminute material. See Tsai’s abstract.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a diamond electro-deposited coating as Andrews’ disclose wear-resistant coating 214/216 in the same way Tsai teaches. A person of ordinary skill would have recognized applying the teaching of Tsai to the disclosure of Andrews would achieve the predictable result of specifically using diamond coating as a hard, wear-resisting coating.
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The claim objection and 35 U.S.C. 112(b) rejection of intervening claim 14 must also be addressed.
The following is a statement of reasons for the indication of allowable subject matter: claim 15 includes numerous additional claim limitations which further limit claim 14 such that the prior art of record does not appear to disclose, teach nor suggest the method of claim 15. Examiner considered applying the teaching of Kiyoyuki to the disclosure of Ito to arrive at the invention claimed in claim 15. But Examiner concluded undue hindsight would be necessary to restructure Ito according to the teaching of Kiyoyuki to arrive at the invention claimed in claim 15.
Conclusion
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/P DEREK PRESSLEY/Examiner, Art Unit 3725