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 .
Response to Amendment
The amendment filed on July 30th, 2026 has been entered. Claims 11-29 remain pending.
Applicant’s amendments to the Specifications have overcome every objection previously set forth in the Non-Final Office Action mailed on April 6th, 2026.
Applicant’s amendments to the Claims have overcome the 112(b) rejections previously set forth in the Non-Final Office Action mailed on April 6th, 2026.
Response to Arguments
Applicant’s arguments, see Pages 9-10 of the Applicant Arguments/Remarks filed on July 30th, 2026, with respect to the rejections of claims 11, 22, and 29 under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made in view of previously applied art under a different interpretation of the same art as explained below. These new grounds of rejection were necessitated by the claim amendments.
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 11-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sjoebom (WO8404057A1), hereinafter "Sjoebom”. For text citation of Sjoebom refer to the copy of the document provided by the Examiner with the Non-Final Office Action mailed on April 6th, 2026.
Regarding Claim 11, Sjoebom discloses a refining segment (Figs. 3-12; Elements 20, 21, 41, and 42) for a refiner (Abstract; Figs 1-3, 7, and 10) for refining fibrous material (Page 1, Lines 1-5), the refining segment (Figs. 3-12; Elements 20, 21, 41, and 42) comprising: a body (see 1st annotated Fig. 11 of Sjoebom reproduced below) comprising a front side (see annotated Fig. 12 of Sjoebom reproduced below) and a backside (see annotated Fig. 12 of Sjoebom reproduced below), the front side (see annotated Fig. 12 of Sjoebom reproduced below) comprising a refining surface (Fig. 3, Element 20; Page 5; Lines 26-27) and the backside (see annotated Fig. 12 of Sjoebom reproduced below) comprising a background surface (see 1st annotated Fig. 11 of Sjoebom reproduced below), wherein the body (see 1st annotated Fig. 11 of Sjoebom reproduced above) has a first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) and a second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) opposite to the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) and spaced therefrom in a longitudinal direction (see 1st annotated Fig. 11 of Sjoebom reproduced below), and a first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) and a second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) opposite to the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below), the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) extending between the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) and the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced below); and support projections (Figs. 11-12, Element 49) projecting from the background surface (see 1st annotated Fig. 11 of Sjoebom reproduced below) and extending on the background surface (see 1st annotated Fig. 11 of Sjoebom reproduced below) along the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) without comprising support projections extending along the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) and the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) on the background surface (see 1st annotated Fig. 11 of Sjoebom reproduced below), wherein the support projections are spaced from one another in a circumferential direction (see 1st annotated Fig. 11 of Sjoebom reproduced below) to define an open flow space (see 1st annotated Fig. 11 of Sjoebom reproduced below and annotated Fig. 12 of Sjoebom reproduced below) between the support projections ( Figs. 11-12, Element 49) extending along the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below) and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced below), wherein a majority of the flow space in the circumferential direction has no obstruction extending in the longitudinal direction (as seen in the 2nd annotated Fig. 11 of Sjoebom reproduced below).
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1st annotated Fig. 11 of Sjoebom
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Annotated Fig. 12 of Sjoebom
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2nd annotated Fig. 11 of Sjoebom
The applicant is reminded that claim limitations consisting of functional language and/or intended use language are given little, if any, patentable weight as the apparatus must merely be capable of functioning, or being used, as claimed. See MPEP § 2111.04 stating that claim scope may not be limited by claim language, such as “wherein” clauses, that do not limit a claim to a particular structure, and § 2114 stating that the manner of operating a device does not differentiate device claims from the prior art. Further, the applicant is reminded that the patentability of apparatus claims must depend upon structural limitations, not mere statements of functions (see Galland-Henning Manufacturing Company et al. v. Dempster Brothers, Inc., 165 USPQ 688 (E.D. Tenn. 1970)).
Therefore, the limitation “thereby permitting recirculation of the fibrous material on the backside of the refining segment and providing an exchange of the fibrous material on the backside of the refining segment” (Lines 16-18) is interpreted as intended use and because the claim does not recite any structural feature that distinguishes the claimed invention from the refining segment of Sjoebom, the refining segment of Sjoebom must be considered capable of performing the claimed functions.
Regarding Claim 12, Sjoebom anticipates the refining segment as claimed in Claim 11 as explained above.
Sjoebom further discloses wherein the background surface (see 1st annotated Fig. 1 of Sjoebom reproduced above) of the refining segment (Fig. 11, Element 41, 42) is free from support projections (Fig. 11, Element 49) at the first end edge (see 1st annotated Fig. 1 of Sjoebom reproduced above) and the second end edge (see 1st annotated Fig. 1 of Sjoebom reproduced above) on the background surface (see 1st annotated Fig. 1 of Sjoebom reproduced above).
Regarding Claim 13, Sjoebom anticipates the refining segment as claimed in Claim 11 as explained above.
Sjoebom further discloses wherein the background surface (see 3rd annotated Fig. 11 of Sjoebom reproduced below) of the refining segment (Fig. 11, Element 41, 42) is free from any support projections extending between and up to the support projections (Figs. 11-12, Element 49) extending along the first side edge (see 3rd annotated Fig. 11 of Sjoebom reproduced below) and the second side edge (see 3rd annotated Fig. 11 of Sjoebom reproduced below).
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3rd annotated Fig. 11 of Sjoebom
Regarding Claim 14, Sjoebom anticipates the refining segment as claimed in Claim 11 as explained above.
Sjoebom further discloses wherein the support projections (Figs. 11-12, Element 49) are elongated projections (Fig. 11, Element 49) extending along the side edges (see 1st annotated Fig. 11 of Sjoebom reproduced above) of the refining segment (Fig 11, Element 41, 42).
Regarding Claim 15, Sjoebom anticipates the refining segment as claimed in Claim 11 as explained above.
Sjoebom further discloses wherein the support projections (Figs. 11-12, Element 49) at the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) are arranged to extend from the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) towards the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) unbrokenly (Fig. 11, Element 49).
Regarding Claim 16, Sjoebom anticipates the refining segment as claimed in Claim 15 as explained above.
Sjoebom further discloses wherein the support projections (Figs. 11-12, Element 49) at the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) terminate at a position spaced from the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) (see space between second end edge and support projection in 3rd annotated Fig. 11 of Sjoebom reproduced above).
Regarding Claim 17, Sjoebom anticipates the refining segment as claimed in Claim 15 as explained above.
Sjoebom further discloses wherein the support projections (Figs. 11-12, Element 49) at the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) are arranged to extend from the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) up to the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above).
Regarding Claim 18, Sjoebom anticipates the refining segment as claimed in Claim 11 as explained above.
Sjoebom further discloses the refining segment further comprising: portions of the body (see 1st annotated Fig. 11 of Sjoebom reproduced above) defining at least one fastening hole (Fig. 11, Element 52) extending through the body (see 1st annotated Fig. 11 of Sjoebom reproduced above) of the refining segment (Fig. 11, Element 41, 42) and positioned to receive a fastening member (Figure 3; Page 6, Lines 22-25; Page 8, Lines 1-14) extending therethrough for fastening the refining segment (Figs. 3-12; Elements 20, 21, 41, and 42) in the refiner (Figure 3; Page 6, Lines 22-25; Page 8, Lines 1-14); and at least one auxiliary support projection (Figs. 11-12; Element 22) projecting from the background surface (see 1st annotated Fig. 11of Sjoebom reproduced above) away from the refining surface (Fig. 12), and wherein each fastening hole (Fig. 11, Element 52) extends through and is surrounded by one of the at least one auxiliary support projections (Figs. 11-12; Element 22).
Regarding Claim 19, Sjoebom anticipates the refining segment as claimed in Claim 18 as explained above.
Sjoebom further discloses wherein each auxiliary support projection (Fig. 11, Element 22) is an unbroken circumferential projection (see 3rd annotated Fig. 11 of Sjoebom reproduced above) around the fastening hole (Fig. 11, Element 52) which it surrounds (Figs. 11-12, Element 52 and 22; Page 6, Lines 22-25; Page 8, Lines 1-14).
Regarding Claim 20, Sjoebom anticipates the refining segment as claimed in Claim 18 as explained above.
Sjoebom further discloses wherein the support projections (Fig. 11, Element 49) and the at least one auxiliary support projection (Fig. 11, Element 22) are integral parts of the body (see 1st annotated Fig. 11 of Sjoebom reproduced above) of the refining segment (Fig. 11, Element 41,42) (Fig. 12).
Regarding Claim 21, Sjoebom anticipates the refining segment as claimed in Claim 11 as explained above.
Sjoebom further discloses the refining segment further comprising a refiner within which the refining segment (Fig. 11, Element 41, 42) is fixed (Abstract; Figs. 1-3, 7, and 10).
Regarding Claim 22, Sjoebom discloses a refining segment (Figs. 3-12; Elements 20, 21, 41, and 42) for a refiner (Abstract; Figs 1-3, 7, and 10) for refining fibrous material (Page 1, Lines 1-5), the refining segment (Figs. 3-12; Elements 20, 21, 41, and 42) comprising: a body (see 1st annotated Fig. 11 of Sjoebom reproduced above) comprising a front side (see annotated Fig. 12 of Sjoebom reproduced above) and a backside (see annotated Fig. 12 of Sjoebom reproduced above), the front side (see annotated Fig. 12 of Sjoebom reproduced above) comprising a refining surface (Fig. 3, Element 20; Page 5; Lines 26-27) and the backside (see annotated Fig. 12 of Sjoebom reproduced above) comprising a background surface (see 1st annotated Fig. 11 of Sjoebom reproduced above), wherein the body (see 1st annotated Fig. 11 of Sjoebom reproduced above) has a first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and a second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) opposite to the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and spaced therefrom in a longitudinal direction (see 1st annotated Fig. 11 of Sjoebom reproduced above), and a first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and a second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) opposite to the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and spaced therefrom in a circumferential direction (see 1st annotated Fig. 11 of Sjoebom reproduced above), the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above)and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) extending between the first end edge and the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above); a first support projection (see 4th annotated Fig. 11 of Sjoebom reproduce below) projecting from the background surface (see 4th annotated Fig. 11 of Sjoebom reproduce below) and extending on the background surface (see 4th annotated Fig. 11 of Sjoebom reproduce below) along the first side edge (see 4th annotated Fig. 11 of Sjoebom reproduce below); a second support projection (see 4th annotated Fig. 11 of Sjoebom reproduce below) projecting from the background surface (see 4th annotated Fig. 11 of Sjoebom reproduce below) and extending on the background surface (see 4th annotated Fig. 11 of Sjoebom reproduce below) along the second side edge (see 4th annotated Fig. 11 of Sjoebom reproduce below), wherein an open flow space (see 1st annotated Fig. 11 of Sjoebom and annotated Fig. 12 of Sjoebom reproduced above) extending in a longitudinal direction (see 1st annotated Fig. 11 of Sjoebom reproduced above) is defined; and an auxiliary support projection (Figs. 11-12; Element 22) projecting from the background surface (see 1st annotated Fig. 11of Sjoebom reproduced above) away from the refining surface (Fig. 12) and positioned between the first support projection (see 4th annotated Fig. 11 of Sjoebom reproduce below; Fig. 12) and the second support projection (see 4th annotated Fig. 11 of Sjoebom reproduce below; Fig. 12), wherein a fastening hole (Fig. 11, Element 52) extends through the body (see 1st annotated Fig. 11 of Sjoebom reproduced above) of the refining segment (Fig. 11, Element 41, 42) and the auxiliary support projection (Figs. 11-12, Element 22) and is positioned to receive a fastening member (Figure 3; Page 6, Lines 22-25; Page 8, Lines 1-14) extending therethrough for fastening the refining segment (Figs. 3-12; Elements 20, 21, 41, and 42) in the refiner (Figure 3; Page 6, Lines 22-25; Page 8, Lines 1-14), wherein a majority of the open flow space in the circumferential direction has no obstruction extending in the longitudinal direction (as seen in the 2nd annotated Fig. 11 of Sjoebom reproduced above).
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4th annotated Fig. 11 of Sjoebom
The applicant is reminded that claim limitations consisting of functional language and/or intended use language are given little, if any, patentable weight as the apparatus must merely be capable of functioning, or being used, as claimed. See MPEP § 2111.04 stating that claim scope may not be limited by claim language, such as “wherein” clauses, that do not limit a claim to a particular structure, and § 2114 stating that the manner of operating a device does not differentiate device claims from the prior art. Further, the applicant is reminded that the patentability of apparatus claims must depend upon structural limitations, not mere statements of functions (see Galland-Henning Manufacturing Company et al. v. Dempster Brothers, Inc., 165 USPQ 688 (E.D. Tenn. 1970)).
Therefore, the limitations “wherein the open flow space permits flow of fluid containing fibrous material from the first end edge of the background surface to the second end edge of the background” (Lines 13-15) and “thereby permitting recirculation of the fibrous material on the backside of the refining segment and providing an exchange of the fibrous material on the backside of the refining segment” (Lines 23-25) is interpreted as intended use and because the claim does not recite any structural feature that distinguishes the claimed invention from the refining segment of Sjoebom, the refining segment of Sjoebom must be considered capable of performing the claimed functions.
Regarding Claim 23, Sjoebom anticipates the refining segment as claimed in Claim 22 as explained above.
Sjoebom further discloses wherein the background surface (see 1st annotated Fig. 1 of Sjoebom reproduced above) of the refining segment (Fig. 11, Element 41, 42) is free from support projections (Fig. 11, Element 49) at the first end edge (see 1st annotated Fig. 1 of Sjoebom reproduced above) and the second end edge (see 1st annotated Fig. 1 of Sjoebom reproduced above) on the background surface (see 1st annotated Fig. 1 of Sjoebom reproduced above).
Regarding Claim 24, Sjoebom anticipates the refining segment as claimed in Claim 22 as explained above.
Sjoebom further discloses wherein the support projections (Figs. 11-12, Element 49) at the first side edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) and the second side edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) are arranged to extend from the first end edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) towards the second end edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) unbrokenly (Fig. 11, Element 49).
Regarding Claim 25, Sjoebom anticipates the refining segment as claimed in Claim 24 as explained above.
Sjoebom further discloses wherein the support projections (Figs. 11-12, Element 49) at the first side edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) and the second side edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) terminate at a position spaced from the second end edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) (see space between second end edge and support projection in 3rd annotated Fig. 11 of Sjoebom reproduced above).
Regarding Claim 26, Sjoebom anticipates the refining segment as claimed in Claim 24 as explained above.
Sjoebom further discloses wherein the support projections (Figs. 11-12, Element 49) at the first side edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) and the second side edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) are arranged to extend from the first end edge (see 4th annotated Fig. 11 of Sjoebom reproduced above) up to the second end edge (see 4th annotated Fig. 11 of Sjoebom reproduced above).
Regarding Claim 27, Sjoebom anticipates the refining segment as claimed in Claim 22 as explained above.
Sjoebom further discloses wherein the auxiliary support projection (Fig. 11, Element 22) is an unbroken circumferential projection (see 3rd annotated Fig. 11 of Sjoebom reproduced above) around the fastening hole (Fig. 11, Element 52) which it surrounds (Figs. 11-12, Element 52 and 22; Page 6, Lines 22-25; Page 8, Lines 1-14).
Regarding Claim 28, Sjoebom anticipates the refining segment as claimed in Claim 22 as explained above.
Sjoebom further discloses wherein the support projections (Fig. 11, Element 49) and the at least one auxiliary support projection (Fig. 11, Element 22) are integral parts of the body (see 1st annotated Fig. 11 of Sjoebom reproduced above) of the refining segment (Fig. 11, Element 41,42) (Fig. 12).
Regarding Claim 29, Sjoebom discloses a refining assembly (Fig. 3) having a plurality of refining segments (Figs. 3-12; Elements 20, 21, 41, and 42; Page 5, Lines 26-29) mounted to the refining element (Figs. 2-3 and 7; Elements 11, 12, 31, and 32; Page 5, Lines 26-29) for a refiner (Abstract; Figs 1-3, 7, and 10) for refining fibrous material (Page 1, Lines 1-5), wherein each refining segment (Figs. 3-12; Elements 20, 21, 41, and 42) comprises: a body (see 1st annotated Fig. 11 of Sjoebom reproduced above) comprising a front side (see annotated Fig. 12 of Sjoebom reproduced above) and a backside (see annotated Fig. 12 of Sjoebom reproduced above) spaced in a first direction (see annotated Fig. 12 of Sjoebom reproduced above) from the front side, the front side (see annotated Fig. 12 of Sjoebom reproduced above) comprising a refining surface (Fig. 3, Element 20; Page 5; Lines 26-27) and the backside (see annotated Fig. 12 of Sjoebom reproduced above) comprising a background surface (see 1st annotated Fig. 11 of Sjoebom reproduced above), wherein the body (see 1st annotated Fig. 11 of Sjoebom reproduced above) has a first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and a second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) opposite to the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and spaced therefrom in a longitudinal direction (see 1st annotated Fig. 11 of Sjoebom reproduced above) from the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above), and a first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and a second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) opposite to the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and spaced therefrom in a circumferential direction (see 1st annotated Fig. 11 of Sjoebom reproduced above) from the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above), the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) extending between the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above); support projections (Figs. 11-12, Element 49) projecting from the background surface (see 1st annotated Fig. 11 of Sjoebom reproduced above) and extending on the background surface (see 1st annotated Fig. 11 of Sjoebom reproduced above) along the first side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and the second side edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) without comprising support projections extending along the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) and the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) on the background surface (see 1st annotated Fig. 11 of Sjoebom reproduced below), the support projections (Fig. 11, Element 49) engaging the refining element (Figs. 2-3 and 7; Elements 11, 12, 31, and 32; Page 5, Lines 26-32) to define an open flow space (see 1st annotated Fig. 11 of Sjoebom reproduced above and annotated Fig. 12 of Sjoebom reproduced above) extending in the circumferential direction (see 1st annotated Fig. 11 of Sjoebom reproduced above) from the first end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above) to the second end edge (see 1st annotated Fig. 11 of Sjoebom reproduced above); and wherein the plurality of refining segments (Figs. 3-12; Elements 20, 21, 41, and 42; Page 5, Lines 26-29) are fixed to the refining element (Figs. 2-3 and 7; Elements 11, 12, 31, and 32; Page 5, Lines 26-29) by a plurality of fasteners (Page 4, Line 24 through Page 5, Line 3), and wherein each of the plurality of refining segment open spaces have a depth (see annotated Fig. 12 of Sjoebom reproduced above) in the first direction (see annotated Fig. 12 of Sjoebom reproduced above) between the refining segments (Figs. 3-12; Elements 20, 21, 41, and 42; Page 5, Lines 26-29) and the refining element (Figs. 2-3 and 7; Elements 11, 12, 31, and 32; Page 5, Lines 26-32), wherein a majority of the open flow space in the circumferential direction has no obstruction extending in the longitudinal direction (as seen in the 2nd annotated Fig. 11 of Sjoebom reproduced above).
The applicant is reminded that claim limitations consisting of functional language and/or intended use language are given little, if any, patentable weight as the apparatus must merely be capable of functioning, or being used, as claimed. See MPEP § 2111.04 stating that claim scope may not be limited by claim language, such as “wherein” clauses, that do not limit a claim to a particular structure, and § 2114 stating that the manner of operating a device does not differentiate device claims from the prior art. Further, the applicant is reminded that the patentability of apparatus claims must depend upon structural limitations, not mere statements of functions (see Galland-Henning Manufacturing Company et al. v. Dempster Brothers, Inc., 165 USPQ 688 (E.D. Tenn. 1970)).
Therefore, the limitations “for the fluid containing fibrous material therethrough in the longitudinal direction” (Lines 21-22) and “thereby permitting recirculation of the fibrous material on the backside of the refining segment and providing an exchange of the fibrous material on the backside of the refining segment” (Lines 25-27) is interpreted as intended use and because the claim does not recite any structural feature that distinguishes the claimed invention from the refining segment of Sjoebom, the refining segment of Sjoebom must be considered capable of performing the claimed functions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US3104837A - Refiner segment that allows the free flow of material between support projections
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALONDRA MICHELLE ORTIZ-ORTIZ whose telephone number is (571)272-9539. The examiner can normally be reached M-Th 7-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.M.O./Examiner, Art Unit 3725
/JARED O BROWN/Primary Examiner, Art Unit 3725 29 September 2026
