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 .
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.
Claim 2, 4 and 9 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.
In claim 2, there is lack of antecedent basis for “the liquid sprinkling member”.
Claim 4 is indefinite because a section such as a cross section must be a subset of a plane (lie within a plane), while a cylinder does not.
Claim 9 is indefinite because a section such as a cross section must be a subset of a plane (lie within a plane), while a cylinder does not.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trent (US 905,025):
Regarding claim 1, Trent discloses a device comprising: a rotating shaft (4’) disposed in a vertical direction; and at least one liquid flowing member (8) attached to the rotating shaft, wherein the liquid flowing member includes an outlet located on an upper side, an inlet located on a lower side, and a tubular channel extending between the outlet and the inlet, and the tubular channel is bent so that the outlet is pointed toward the lower side (see Fig. 1).
Regarding claim 2, the liquid sprinkling member is inclined so that the inlet is closer to an axis of the rotating shaft than the outlet is (see Fig. 1).
Regarding claim 3, an angle Θ₂ between a direction in which the outlet is pointed and a horizontal direction is -90°≤ Θ <0° relative to the horizontal direction is (see Fig. 1).
Regarding claim 4, the tubular channel has a cylindrical cross section (see Figs. 1 and 2).
Regarding claim 5, Trent discloses an apparatus comprising a reaction tank (1) for containing a reaction liquid; and a liquid sprinkling device provided in the reaction tank, wherein (a) the liquid sprinkling device includes a rotating shaft (4’) disposed in a vertical direction, and at least one liquid flowing member attached to the rotating shaft, the liquid flowing member includes an outlet located on an upper side, an inlet located on a lower side, and a tubular channel (8) extending between the outlet and the inlet, the tubular channel is bent so that the outlet is pointed toward the lower side, an angle Θ₂ between a direction in which the outlet is directed and a horizontal direction is -90°≤ Θ₂<0° relative to the horizontal direction (see Fig. 1), and the inlet, the tubular channel, and the outlet have substantially the same inner diameter (see Fig. 1).
Regarding claim 6, "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963).
Regarding claim 7, an end of the rotating shaft is located away from a liquid surface of the reaction liquid, and the liquid flowing member is attached to the rotating shaft via an attachment tool (4) extending in the horizontal direction.
Regarding claim 8, the liquid flowing member is inclined so that the inlet is closer to an axis of the rotating shaft than the outlet is (see Fig. 1).
Regarding claim 9, the tubular channel has a cylindrical cross section (see Figs. 1 and 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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