DETAILED ACTION
Status
Claims 1-6 are pending. Claims 2 and 4-6 are amended.
Response to Arguments
Regarding the priority benefit claim added to the specification, an updated ADS must be filed to be in compliance with 37 CFR 1.76 to receive the benefit of the prior-filed application under 35 U.S.C. 119(e).
Regarding the Drawing and Specification objections, the replacement drawings and specification have overcome the issues raised in the prior office action, and they have been withdrawn.
Regarding the 102 rejection in view of Gauss, Applicant argues Gauss fails to teach an extrusion of the surface geometry along a fold path since Gauss only teaches enhancing the leading and trailing edges, not the vane pressure and suction surfaces.
Examiner respectfully disagrees. While Gauss does focus on the benefits of wavy leading and trailing edges, Gauss does teach the waviness extends over the entire vane, including the pressure and suction sides 28,29. See Fig 15, Col 7, ln. 31-50. As such, Gauss also teaches “said limbs and hinge are extruded along a fold path to define a three-dimensional vane”. However, since this was not clearly articulated in the previous office action, a second Non-Final is issued herein.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “sharp edges”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Regarding the “interlimb angle” of the claim, it is unclear how the interlimb angle of the claims differs from the computed angle of the previous office action. A sharp edged hinge is not claimed and it appears the computed angle is equivalent to the claimed interlimb angle of the claims. As such the interpretation of Gauss remains unchanged.
Applicant additionally argues Gauss fails to teach one limb forms a top edge and the other limb forms a bottom edge. As Gauss clearly teaches multiple limbs which form the impeller vane, as best seen in Fig 13, one limb (limb 1) forms at least a portion of the top edge of the vane and the other limb (limb 2) forms at least a portion of the bottom edge of the vane.
Priority
This application makes reference to or appears to claim subject matter disclosed in Application No. 63/500914, filed 5/9/2023. If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. If the application was filed before September 16, 2012, the specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76; if the application was filed on or after September 16, 2012, the specific reference must be included in an ADS in compliance with 37 CFR 1.76. For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.
If the instant application is a utility or plant application filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. If the application is a national stage application under 35 U.S.C. 371, the specific reference must be submitted during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application. See 37 CFR 1.78(a)(4) for benefit claims under 35 U.S.C. 119(e) and 37 CFR 1.78(d)(3) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c). This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c). A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)). The petition must be accompanied by (1) the reference required by 35 U.S.C. 120 or 119(e) and by 37 CFR 1.78 to the prior application (unless previously submitted), (2) the applicable petition fee under 37 CFR 1.17(m)(1) or (2), and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m)(1) or (2) are not required. Applicant is still required to submit the reference in compliance with 37 CFR 1.78 by filing an ADS in compliance with 37 CFR 1.76 with the reference (or, if the application was filed before September 16, 2012, by filing either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76). See MPEP § 211.02.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Gauss et al. (US 11035233), hereinafter: “Gauss”.
In Regard to Claim 1
Gauss teaches:
An impeller vane(2), comprising:
two limbs(see annotated fig below) intersecting at a hinge(see annotated fig below) to form an interlimb angle(θ, see annotated fig) less than 45 degrees(Hz = 2λz which gives Sinθ = 1/2 λz / Hz = 1/2 λz / 2 λz = ¼ , wherein θ = 14.4 deg; or Sinθ = 1/2 λz / Hz = 1/2 λz / 1.4 λz = 0.357 , wherein θ = 20.9 deg; Col 5, ln. 5-20; Col 7, ln. 1-20)
wherein said limbs and hinge are extruded along a fold path to define a three- dimensional vane(the waviness extends along 10 over the entire vane, including the pressure and suction sides 28,29; Fig 15, Col 7, ln. 31-50) having a leading edge(6) and a trailing edge(7), wherein one limb forms a top edge and the other limb forms a bottom edge of the impeller vane(Fig 4 and 13-15; as is visually apparent in the figures, multiple pairs of limbs form the impeller vane, and as best shown in Fig 13, one limb (limb 1) forms at least a portion of the top edge of the vane and the other limb (limb 2) forms at least a portion of the bottom edge of the vane).
PNG
media_image1.png
567
634
media_image1.png
Greyscale
In Regard to Claim 2
Gauss teaches:
The impeller vane of claim 1(see rejection of claim 1 above), wherein a plurality of said vanes are be stacked one atop another to create a single multi-layered impeller structure(as interpreted above each “impeller vane” comprises two limbs and a hinge; Fig 4,4A,4B, 13-15 clearly teach a plurality of vanes stacked one atop another to form a single multi-layered impeller structure).
In Regard to Claim 3
Gauss teaches:
The impeller vane of claim 1(see rejection of claim 1 above), wherein the limbs are tapered in height from the leading edge to the trailing edge(as shown in Fig 10, the limb height tapers between the leading edge and the trailing edge).
In Regard to Claim 4
Gauss teaches:
The impeller vane of claim 1(see rejection of claim 1 above), wherein the curvature of the limbs are configured in one of the following configurations:
Angular Symmetrical(Claims 3-4, wave peak are distributed evenly);
Angular Asymmetrical(Claims 3-4 wave peaks are distributed unevenly).
In Regard to Claim 5
Gauss teaches:
An impeller(1) comprising:
a plurality of impeller vanes(2) as recited in any one of Claims 1-4(see rejections of claims 1-4 above);
wherein the impeller vanes are arranged around a central hub(3), and each impeller vane is affixed to the hub at its bottom edge(9); and
wherein the impeller is configured to rotate about an axis(axis of rotation of 1) passing through the central hub to facilitate movement of a fluid(Col 5, ln. 60 to Col 6, ln. 8; Fig 6-7).
In Regard to Claim 6
Gauss teaches:
The impeller of claim 5(see rejection of claim 5 above), further comprising:
a top(4) with an inlet(14) that connects to the top edge(13) of the impeller vanes, wherein the inlet provides support to the impeller vanes and facilitates the directed flow of fluid between the impeller vanes(Col 5, ln. 43 to Col 6, ln. 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P WOLCOTT whose telephone number is (571)272-9837. The examiner can normally be reached M-F 8:00am-4:30pm.
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, Court D. Heinle can be reached at (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN P WOLCOTT/Primary Examiner, Art Unit 3745