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 .
Status of the Claims
Claims 27-51 are pending wherein claims 27-48 are currently under examination and claims 49-51 are withdrawn from further consideration pursuant 37 CFR 1.142(b) as being drawn to a non-elected method for atomizing metal powder in an atomization installation. Applicant’s election of claims 27-48 were made without traverse in the Response filed on July 13, 2026. Claims 1-26 have been preliminarily canceled.
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 27-48 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 claim 27, the phrase "in particular for" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 30, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 35, it is unclear if Applicant intends to claim that the changing station would be in a vacuum or if the tundish unit would be capable of being removed.
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 27-29, 34-35, 38-41 and 46-47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leybold (DE 40111392 A1).
In regard to claims 27, 38, 40-41 and 46-47, Leybold (DE ‘991) discloses a chamber surrounding a storage container and a pouring funnel that has a closable side opening in the area of the pouring funnel, to which a lock chamber is attached for the insertion of at least one pouring funnel [0004]. Leybold (DE ‘991) further discloses wherein the lock chamber has guide rails that are aligned with one another and only interrupted by a first closure device and bring the pouring funnel into a position below the pouring lip, in which a carriage is arranged which can either be retracted into the chamber and completely retracted into the lock chamber, on the underside which a number of atomizing nozzles corresponding to the number of pouring funnels is attached (atomization installation), and on the pouring funnels can be placed in such a way that an outflow nozzle adjoining the outlet opening can be inserted into the atomizing nozzle ([0004], [0017] and [0020]). Leybold (DE ‘991) also discloses wherein one chamber and the lock chamber can be separated from one another in a vacuum-tight manner [0016] and there would be a first pouring funnel and a second pouring funnel that may be moved via the carriage [0021]. Finally, Leybold (DE ‘991) discloses wherein the pouring funnels may be replaced with new ones and thus the rail system would accommodate removal and introduction of additional pouring funnels and heating systems would be present in the chamber [0021-0022].
With respect to the recitation “for a tundish unit of an atomization installation for atomizing metal melts” and “for powder metallurgy purposes” in claim 27, these would be recitations of intended use that would not further limit the structure of the changing system. MPEP 2111.02 II.
In regard to claims 28 and 34, Leybold (DE ‘991) discloses wherein the system is designed such that removal of the tundish can take place while another tundish unit is located in a readiness position via a carriage system ([0021], [0033] and Figure 1). Leybold (DE ‘991) further discloses wherein the chamber would have a side opening (lateral opening) for inserting funnels [0016].
In regard to claim 29, Leybold (DE ‘991) discloses wherein the chamber would have a side opening (lateral opening) for inserting funnels [0016].
In regard to claim 35, since this claim may be interpreted as also evacuating or providing a vacuum to the changing station, Leybold (DE ‘991) also discloses wherein chambers would be separated in a vacuum-like manner [0016].
In regard to claims 39 and 44, Leybold (DE ‘991) discloses a carriage systems on a guide rail, which would be a linear guides on which the units are arranged ([0017] and [0021]).
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.
Claim(s) 30, 35 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Leybold (DE 40111392 A1).
In regard to claim 30, Leybold (DE ‘991) discloses wherein the system is designed such that removal of the tundish can take place while another tundish unit is located in a readiness position via a carriage system ([0021], [0033] and Figure 1). Leybold (DE ‘991) further discloses wherein the chamber would have a side opening (lateral opening) for inserting funnels [0016]. However, merely duplicating these stations to provide new funnels would have no patentable significance unless a new and unexpected result occurs. MPEP 2144.04(VI)(B).
In regard to claim 35, Leybold (DE ‘991) discloses wherein the pouring funnels can be replaced after the storage chamber has been flooded and opened resulting in downtime of the system [0002-0003]. As such, it would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to evacuate the changing station for such processes of funnel repair or cleaning during downtime.
In regard to claim 48, Leybold (DE ‘991) discloses a chamber surrounding a storage container and a pouring funnel that has a closable side opening in the area of the pouring funnel, to which a lock chamber is attached for the insertion of at least one pouring funnel [0004]. Leybold (DE ‘991) further discloses wherein the lock chamber has guide rails that are aligned with one another and only interrupted by a first closure device and bring the pouring funnel into a position below the pouring lip, in which a carriage is arranged which can either be retracted into the chamber and completely retracted into the lock chamber, on the underside which a number of atomizing nozzles corresponding to the number of pouring funnels is attached (atomization installation), and on the pouring funnels can be placed in such a way that an outflow nozzle adjoining the outlet opening can be inserted into the atomizing nozzle ([0004], [0017] and [0020]). Leybold (DE ‘991) also discloses wherein one chamber and the lock chamber can be separated from one another in a vacuum-tight manner [0016] and there would be a first pouring funnel and a second pouring funnel that may be moved via the carriage [0021]. Finally, Leybold (DE ‘991) discloses wherein the pouring funnels may be replaced with new ones and thus the rail system would accommodate removal and introduction of additional pouring funnels and heating systems would be present in the chamber [0021-0022]. While Leybold (DE ‘991) discloses a first atomization tower (system), Leybold (DE ‘991) does not specify a second atomization tower (system).
However, merely duplicating these stations to provide new funnels would have no patentable significance unless a new and unexpected result occurs. MPEP 2144.04(VI)(B).
Claims 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Leybold (DE 40111392 A1) as applied to claim 27, and further in view of Harrison “Engineering a better vacuum chamber”.
In regard to claims 36-37, Leybold (DE ‘991) discloses wherein chambers would be separated in a vacuum-like manner wherein there would be atomizing nozzles and pouring funnels ([0004] and [0016]). However, Leybold (DE ‘991) does not specify using gate valves to provide the separation.
Harrison discloses using gate valves and angle valves in vacuum chambers in order to engineer better vacuum chambers for less cost (page 1 and page 4).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to create the vacuum atmosphere, as disclosed by Leybold (DE ‘991), by using gate valves, as disclosed by Harrison, in order to create better vacuum chambers for less cost (page 1 and page 4).
Allowable Subject Matter
Claims 31-33, 42-43 and 45 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
In regard to claim 31, while Leybold (DE ‘991) discloses wherein the guide rails would be established by pivotable members [0017], a turntable is not specified.
In regard to claim 42, Leybold (DE ‘991) does not specify wherein the tundish container would be vertically movable relative to the undercarriage.
In regard to claim 43, Leybold (DE ‘991) does not specify wherein the tundish containing would be spring mounted on an undercarriage and interacts with a hold-down device of the changing system in the working position.
In regard to claim 45, Leybold (DE ‘991) does not specify wherein there would be sealing on the lower side of a nozzle plate of the casting nozzle which interacts with a sealing surface on a vacuum slide in the area of the lower connection of the chamber.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zakotnik (‘394) discloses a caster system utilizing tundishes [0021].
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/JESSEE R ROE/Primary Examiner, Art Unit 1759
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