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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 22. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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:
Numeral “104” has been used to reference the neck portion and the packing box. Refer to at least paragraph [0034].
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.
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 limitation(s) is/are: an adjustment mechanism in claims 1 and 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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(s) 1-7, 12-14 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berghuis et al (US 6,203,072).
As to claim 1, Berghuis et al discloses a rotary joint (Fig. 1) connecting a stationary portion (10) to a rotating portion (12) for communicating a pressurized fluid to a rotating drum (14), comprising (col. 1, ll. 11-19): an inlet passageway extending through the stationary portion and the rotating portion (Figs. 1 and 5) for directing the pressurized fluid (steam) to inside the rotating drum; a syphon tube (64, 84, 92, 100, 106) disposed within the stationary portion and the rotating portion and in communication with a vacuum source (implicit), the syphon tube having an inlet port (112) positioned within the rotating drum (Fig. 5); an outlet passageway extending through the syphon tube and in communication with an outlet (74) in the stationary portion and the inlet port in the syphon tube (Figs. 1 and 5) for removing condensate from the rotating drum; and an adjustment mechanism (62 and surrounding structure) at least partially disposed within and outside the stationary portion (Fig. 1) for adjusting the distance between the inlet port of the syphon tube and an inner surface of the rotating drum without the need for stopping the rotation of the rotating drum and/or depressurizing the drum.
As to claim 2, Berghuis et al discloses the rotary joint stated in claim 1, wherein the syphon tube is stationary.
As to claim 3, Berghuis et al discloses the rotary joint stated in claim 2, wherein the syphon tube further comprises: a primary syphon tube (64, 84, 92) extending through the stationary portion and at least a portion of the rotating portion and having a longitudinal axis parallel to a longitudinal axis of the stationary portion (Figs. 1, 5 and 7); and a secondary syphon tube (100, 106) in communication with the primary syphon tube wherein the secondary syphon tube has an inlet port (112) located within the rotating drum.
As to claim 4, Berghuis et al discloses the rotary joint stated in claim 1, further comprising: at least a portion of the syphon tube disposed within the inlet passageway. See Fig. 1.
As to claim 5, Berghuis et al discloses the rotary joint stated in claim 1, wherein the adjustment mechanism further comprises: an annular adjustment ring (50) housed within the stationary portion and moveable in a direction transverse to a longitudinal axis of the stationary portion; the adjustment ring coupled to the syphon tube (Fig. 1); and an adjuster (62) at least partially disposed within the stationary portion and coupled to the adjustment ring wherein the adjuster may reciprocally move the adjustment ring and the syphon tube transverse to the longitudinal axis of the stationary portion thereby reciprocally adjusting the distance between the inlet port of the syphon tube and the inner surface of the rotating drum (col. 5, 10-13, col. 7, ll. 16-39).
As to claim 6, Berghuis et al discloses the rotary joint stated in claim 3, wherein the adjuster further comprises: an adjustment screw (62) threadedly engaging a bore in the stationary portion wherein reciprocal rotation of the adjustment screw reciprocally moves the adjustment ring and the syphon tube transverse to the longitudinal axis of the stationary portion thereby reciprocally adjusting the distance between the inlet port of the syphon tube and the inner surface of the rotating drum. Refer to col. 5, 10-13, col. 7, ll. 16-39).
As to claim 7, Berghuis et al discloses the rotary joint stated in claim 6, further comprising: the adjustment screw having an outwardly extending portion (screw body) extending outwardly away from the stationary portion (Fig. 1); and a knob (screw head) connected to the outwardly extending portion of the adjustment screw to allow for reciprocal rotation of the adjustment screw by a user.
As to claim 12, Berghuis et al discloses a rotary joint (Fig. 1) connecting a stationary portion (10) to a rotating portion (12) for communicating a pressurized fluid (steam) to a rotating drum (14), comprising (col. 1, ll. 11-19): an inlet passageway extending through the stationary portion and the rotating portion (Figs. 1 and 5) for directing pressurized fluid to inside the rotating drum; a primary syphon tube (64, 84, 92) disposed within the inlet passageway of the stationary portion and the rotating portion, and a secondary syphon tube (100, 106) and in communication with the primary syphon tube and disposed within the drum (Fig. 5), wherein the secondary syphon tube has an inlet port (112) positioned within the rotating drum; an outlet passageway extending through the primary syphon tube and the secondary syphon tube, and one end of the outlet passageway in communication with a vacuum source (implicit) and the other end of the outlet passageway in communication with the inlet port of the secondary syphon tube for removing condensate from the rotating drum; and an adjustment mechanism (62 and surrounding) coupled to the primary syphon tube (Fig. 1) for adjusting the distance between the inlet port of the secondary syphon tube and an inner surface of the rotating drum without the need for stopping the rotation of the drum and/or depressurizing the drum (col. 5, 10-13, col. 7, ll. 16-39).
As to claim 13, Berghuis et al discloses the rotary joint stated in claim 12, wherein the stationary portion further comprises: a stationary body (26); the adjustment mechanism connected to the body; and a stationary head (54, or 50) connected to the adjustment mechanism.
As to claim 14, Berghuis et al discloses the rotary joint stated in claim 12, wherein the rotating portion further comprises: a rotating wear plate (42); a rotating journal flange (radially outer wear plate flange, Fig. 1) connected to the wear plate; and a rotating drum journal (12) connected to the journal flange.
As to claim 19, Berghuis et al discloses the rotary joint in claim 13, further comprising: the head (50) having an outlet in communication with the primary syphon tube wherein the outlet is in communication with an outlet port opening into a periphery of the head for directing condensate away from the rotary joint and the rotating drum. Refer to Fig. 1.
As to claim 20, Berghuis et al discloses a rotary joint (Fig. 1), comprising: a stationary body (26) having an inlet (34) for receiving a pressurized fluid (steam) from a pressurized fluid source; a rotating body (12) connected to the stationary body and a rotating enclosed drum (14); an inlet passageway (annular space around tube 64) extending from the inlet of the stationary body, through the stationary body and the rotating body, and into the rotating drum for directing the pressurized fluid to the rotating drum; a stationary adjustment mechanism (62 and surrounding) connected to the stationary body and operable from outside the stationary body and the rotating body; a stationary head (50, Fig. 1) connected to the adjustment mechanism and having an outlet (74) for directing condensate away from the rotary joint and the rotating drum; a stationary syphon tube (64, 84, 92, 100, 106) disposed within and extending through the stationary body, the adjustment mechanism, the head, and the rotating body, and the syphon tube having an inlet port (112) positioned within the rotating drum; an outlet passageway extending through the syphon tube and in communication with the inlet port of the syphon tube and the outlet of the head, the outlet of the head in communication with a vacuum source (implicit) for removing condensate from the rotating drum; and the stationary adjustment mechanism coupled to the syphon tube for adjusting the distance between the inlet port in the syphon tube and an inside surface of the drum without the need for stopping the rotation of the drum. (col. 5, 10-13, col. 7, ll. 16-39).
Examiner’s Note:
The italicized portions in the foregoing claims are functional recitations. These clauses, as well as other statements of intended use do not serve to patently distinguish the claimed structure over that of the reference(s), as long as the structure of the cited reference(s) is capable of performing the intended use. See MPEP 2111-2115.
See also MPEP 2114, which states:
A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ 2d 1647;
Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531; and
[A]pparatus claims cover what a device is, not what a device does." Hewlett Packard Co. v. Bausch & Lomb Inc., 15 USPQ2d 1525,1528.
Any one of the systems in the cited reference(s) is capable of being used in the same manner and for the intended or desired use as the claimed invention. Note that it is sufficient to show that said capability exists, which is the case for the cited reference(s).
Allowable Subject Matter
Claims 8-11 and 15-18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Monroe, Autio and Szam each discloses a rotary joint for communicating pressurized fluid to a rotating drum.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M Hewitt II whose telephone number is (571)272-7084. The examiner can normally be reached M-F 9-930pm, mid-day flex 2-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679