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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 5 (Figures 1 and 4), 20 (Figures 1 and 2), and 34 (Figure 4).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in paragraphs [0028] and [0032], each recitation of “two the” should be amended to “the two”.
Appropriate correction is required.
Claim Objections
Claims 1, 2, 4, 5, and 10 are objected to because of the following informalities: in each claim, each recitation of “two the” should be amended to “the two”; and in Claim 1 line 11, “step-by-step grinding unit” should be amended to “a step-by-step grinding unit”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “a pulverized coal particle size distribution mechanism…for separating pulverized coal with different particle sizes”, “a first adjusting unit…for synchronously adjusting a grinding gap of the step-by-step grinding unit”, and “two second adjusting units…for unifying the grinding gap of the step-by-step grinding unit” in Claim 1.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: the pulverized coal particle size distribution mechanism comprises a distribution shell fixedly connected with a fan and a filter, between which an airflow channel is formed, and a distribution box with a plurality of pulverized coal troughs for performing the claimed function of separating pulverized coal with different particle sizes (para. [0012]); the first adjusting unit comprises a servo hydraulic cylinder for performing the claimed function of synchronously adjusting a grinding gap of the step-by-step grinding unit (para. [0015]); and the second adjusting units comprise a first servo motor, first and second sliding adjusting parts, and a lead screw for performing the claimed function of unifying the grinding gap of the step-by-step grinding unit.
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 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.
Regarding Claims 7, 9, and 10, the term “close to” is a relative term which renders the claims indefinite. The term “close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 8 is rejected by virtue of its dependence upon 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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al., hereinafter Zhu (CN 208055279, provided by Applicant), and further in view of Kong (CN 105665621) and Cheng et al., hereinafter Cheng (CN 212524477, provided by Applicant). For text citations of each reference refer to the machine translations provided as Non-Patent Literature.
Regarding Claim 1, Zhu discloses (Figure 1) a concentration device for coal water slurry ([0002] lns 1-2), comprising a grinding shell (housing of grinding mill 10), wherein a grinding mechanism (grinding mill 10) is connected in the grinding shell; a discharge port (vertical conveying pipe 9) of the grinding mechanism is correspondingly provided with a pulverized coal particle size distribution mechanism (assembly of filter drum 4, fan 11, and conveyor pipe 12), and the pulverized coal particle size distribution mechanism is used for separating pulverized coal with different particle sizes ([0016] lns 2-3: “filtration” inherently requires separation by size); and an outlet end (vertical conveying pipe 15) of the pulverized coal particle size distribution mechanism is communicated with a stirrer (stirring rod 26), and the stirrer is used for stirring the pulverized coal with different particle sizes into the coal water slurry ([0016] lns 6-7).
Zhu is silent to the presence of a filter unit connected to a lower part of the grinding shell, but does state that any features not explicitly disclosed may use existing technology ([0024] lns 1-2). In a related field of endeavor, Kong teaches (Figure 2) a grinding shell (crushing box 2) containing a grinding mechanism (crushing rollers 4/5/6), and a lower part of the grinding shell is connected to a filter unit (screen 8), and the filter unit is correspondingly arranged with a discharge port (first/second discharge holes 9/10) of the grinding mechanism. Having a filter unit connected to a lower part of the grinding shell allows for particles that are too large to be usable to be filtered out prior to further processing ([0023] lns 5-7). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the concentration device for coal water slurry disclosed by Zhu such that a lower part of the grinding shell is connected to a filter unit, and the filter unit is correspondingly arranged with a discharge port of the grinding mechanism, as taught by Kong, in order to filter oversized particles prior to the pulverized coal particle distribution mechanism.
Examiner note: when the combination of Zhu and Kong is made, the screen 8 of Kong is installed in the lower end of grinding mill 10 of Zhu, and so a lower part of the screen 8 will be in communication with conveyor pipe 12 via vertical conveying pipe 9; i.e. the lower part of the filter unit is correspondingly provided with the pulverized coal particle size distribution mechanism.
Further regarding Claim 1, Zhu is silent to the structure of the grinding mechanism, but does state that grinding mill 10 uses existing technology ([0022] lns 2-3). In a related field of endeavor, Cheng teaches (Figures 1-2) a grinding shell (housing 1), wherein a grinding mechanism (crushing mechanism 2) is connected in the grinding shell; the grinding mechanism comprises a first bracket (fixing blocks 11 of uppermost adjusting mechanism 3), wherein the first bracket is fixedly connected to inner side walls of the grinding shell; the first bracket is connected with a step-by-step grinding unit (crushing rollers 21/22), a first adjusting unit (lead screw 31 of uppermost adjusting mechanism 3) and two second adjusting units (middle and lowermost adjusting mechanisms 3); the first adjusting unit is connected between the step-by-step grinding unit and the first bracket (clearly seen in Figure 2), and the two second adjusting units are arranged at bottoms of two sides of the step-by-step grinding unit respectively (middle and lowermost adjusting mechanisms 3 are arranged in a bottom half of housing 1); the first adjusting unit is used for synchronously adjusting a grinding gap of the step-by-step grinding unit ([0013] lns 1-4), and the two second adjusting units are used for unifying the grinding gap of the step-by-step grinding unit ([0011] lns 8-9). As this is a known configuration for a grinding mechanism of an earthwork crushing apparatus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the grinding mechanism of the concentration device for coal water slurry disclosed by Zhu such that it comprises a first bracket, wherein the first bracket is fixedly connected to inner side walls of the grinding shell; the first bracket is connected with a step-by-step grinding unit, a first adjusting unit and two second adjusting units; the first adjusting unit is connected between the step-by-step grinding unit and the first bracket, and the two second adjusting units are arranged at bottoms of two sides of the step-by-step grinding unit respectively; the first adjusting unit is used for synchronously adjusting a grinding gap of the step-by-step grinding unit, and the two second adjusting units are used for unifying the grinding gap of the step-by-step grinding unit, as taught by Cheng, in order to perform the function of grinding the coal particles.
Regarding Claim 2, with reference to the aforementioned combination of Zhu, Kong, and Cheng, Cheng teaches (Figures 1-2) the step-by-step grinding unit comprises two second brackets (fixing blocks 11 of middle adjusting mechanism 3) and two fourth brackets (threaded sleeves 312 of uppermost adjusting mechanism 3); the two second brackets are fixedly connected to the first bracket respectively (fixedly connected via side walls of housing 1), and the two fourth brackets are slidably connected to the first bracket ([0038] lns 8-15: threaded sleeves 312 are slidably connected with fixing blocks 11 via lead screw 31); the first adjusting unit is connected between two the fourth brackets and the first bracket (clearly seen in Figure 2); two first grinding rollers (middle crushing rollers 21) and two second grinding rollers (upper crushing rollers 21) are vertically connected between the two second brackets and between the two fourth brackets respectively, and the two first grinding rollers and the two second grinding rollers are connected with driving parts (transmission assembly 5) in a transmission way respectively ([0039] lns 8-12: each pair of crushing rollers 21 is connected to each other via transmission assembly 5, which drives the rollers in each pair closer to or further from each other); the driving parts are fixedly connected to the second brackets and the fourth brackets (connected via side walls of housing 1 and uppermost threaded sleeve 312), and the second adjusting units (middle and lowermost adjusting mechanisms 3) are connected to the two first grinding rollers located at lower parts of the second brackets and lower parts of the fourth brackets (lead screw 31 of middle adjusting mechanism 3 is connects middle crushing rollers 21 to the middle fixing blocks 11, i.e. the second brackets, below the uppermost threaded sleeves 312, i.e. the fourth brackets).
Further regarding Claim 2, in the combination of Zhu, Kong, and Cheng, the screen 8 of Kong is arranged at the outlet of the grinding mill 10 of Zhu, which has the structure of the grinding mechanism of Cheng. Thus, when the combination is made, the two second grinding rollers (Cheng, upper crushing rollers 21) located at a lower part of the first bracket (Cheng, uppermost fixing blocks 11) are arranged corresponding to a top of the filter unit (Kong, screen 8), as the crushing rollers must be arranged above the filter unit in order for it to work as intended.
Regarding Claim 3, with reference to the aforementioned combination of Zhu, Kong, and Cheng, Cheng teaches (Figures 1-2) each of the second adjusting units (middle and lowermost adjusting mechanisms 3) comprises a first servo motor (motor 4); the first servo motor is fixedly connected to a bottom of the first bracket (connected to uppermost fixing blocks 11 via side walls of housing 1); a first sliding adjusting part (leftmost threaded sleeve 312 of middle adjusting mechanism 3 shown in Figure 2) is arranged between the second brackets (middle fixing blocks 11) and corresponding one of the first grinding rollers (leftmost middle crushing roller 21) located at the lower parts of the second brackets, and a second sliding adjusting part (rightmost threaded sleeve 312 of middle adjusting mechanism 3 shown in Figure 2) is arranged between the fourth brackets and corresponding one of the second grinding rollers located at the lower parts of the fourth brackets; and the first servo motor drives the first sliding adjusting part and the second sliding adjusting part through a lead screw (lead screw 31; [0039] lns 8-12).
Claim 10 is rejected under 3 U.S.C. 103 as being unpatentable over Zhu in view of Kong and Cheng as applied to Claim 2 above, and further in view of Wang (CN 211563123, provided by Applicant). For text citations of Wang, refer to the machine translation provided as Non-Patent Literature.
Regarding Claim 10, the combination of Zhu, Kong, and Cheng does not teach that the first adjusting unit comprises a servo hydraulic cylinder. In a related field of endeavor, Wang teaches (Figure 1) a grinding mechanism comprising a first bracket (first guide rail 5), fourth brackets slidably connected to the first bracket (slides 3), and a first adjusting unit for adjusting a grinding gap between two grinding rollers ([0002] lns 1-2), wherein the first adjusting unit comprises a servo hydraulic cylinder (hydraulic cylinder 12); one end of the servo hydraulic cylinder is fixedly connected to the first bracket (connected via housing 1), an other end of the servo hydraulic cylinder is fixedly connected between the two fourth brackets (telescopic rod 13 of each hydraulic cylinder 12 is connected to a slide 3); one side of each of the fourth brackets close to the servo hydraulic cylinder is fixedly connected with a sliding column (telescopic rod 13); and the sliding column is slidably connected with the first bracket (slidably connected via slide 3 and first guide seat 4), and a sliding direction of the first bracket is parallel to a telescopic direction of the servo hydraulic cylinder (clearly seen in Figure 1). This configuration of adjusting unit is beneficial because it allows for convenient, quick adjustment of the grinding gap between the grinding rollers, and the positions of the crushing rollers can be adjusted independently, which allows greater adjusting flexibility ([0014] lns 1-4). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the grinding mechanism of the concentration device for coal water slurry disclosed by Zhu and modified by Kong and Chen such that the first adjusting unit comprises a servo hydraulic cylinder; one end of the servo hydraulic cylinder is fixedly connected to the first bracket, an other end of the servo hydraulic cylinder is fixedly connected between the two fourth brackets; one side of each of the fourth brackets close to the servo hydraulic cylinder is fixedly connected with a sliding column; and the sliding column is slidably connected with the first bracket, and a sliding direction of the first bracket is parallel to a telescopic direction of the servo hydraulic cylinder, as taught by Wang, in order to allow the grinding rollers to be adjusted independently of each other.
Allowable Subject Matter
Claims 4-9 are 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 and to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action (Claims 7 and 9). The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 4, prior art fails to teach, alone or in combination, a concentration device for coal water slurry having all the recited limitations of Claims 1-3, wherein the first sliding adjustment part comprises a first cavity and two second chutes, wherein the first cavity is opened in bottoms of the second brackets, and two the second chutes are respectively opened on bottom surfaces and side surfaces of the second brackets; the first cavity is communicated with two the second chutes, and a first slider is slidably connected in the first cavity; a bottom of the first slider passes through one of the second chutes and is also fixedly connected with a first sleeve; a rotating shaft of the corresponding one of the first grinding rollers located at the lower parts of the second bracket passes through an other of the second chutes and is also rotatably connected with the first slider, and the rotating shaft of the corresponding one of the first grinding rollers passes through the first slider and is also connected with corresponding one of the driving parts in a transmission way; the first sleeve is threaded and sleeved outside the lead screw, and one end of the lead screw is coaxially and fixedly connected with a rotating shaft of the first servo motor. CN 212524477 to Chen et al., which is considered to be the most relevant prior art to Claim 4, teaches a first sliding adjustment part (leftmost threaded sleeve 312 of middle adjusting mechanism 3 shown in Figure 2), but is silent to the structure thereof beyond an internal thread, and one skilled in the art would not be motivated to modify this first sliding adjustment part to arrive at the claimed invention. The subject matter of Claim 4 is therefore allowable.
Claims 5-9 would be allowable by virtue of their dependence upon Claim 4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA A GUTHRIE whose telephone number is (571)270-5042. The examiner can normally be reached M/Tu/Th, 10-6 ET.
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/TERESA A GUTHRIE/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725