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
Figures 1a and 1b should be designated by a legend such as --Prior Art-- because only that which is old is illustrated as evidenced by KR 10-1255222. Also, Figs. 1a, 1b, 2-6 and 8 appear to be present in KR 2022 0013615. All prior art figures should be so-labeled. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
Information Disclosure Statement
Some foreign references have been crossed off the IDS listings by the examiner due to failure to comply with 37 CFR 1.98(a)(2) in that a complete copy of the reference listed, including the drawings, was not provided.
Some foreign references have been crossed off the IDS listings by the examiner due to failure to comply with 37 CFR 1.98(a)(3)(i) as a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language, was not provided.
Claim Objections
In claim 1, “a impeller” should read “an impeller”.
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 6-10 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 6, there is lack of antecedent basis for “the first rotary shaft”. Claims 7-9 fall with claim 6 concerning this issue.
In claim 7, it is unclear which rotary shaft is “the rotary shaft”.
In claim 10, there is lack of antecedent basis for “the support bar”.
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 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho (KR 20220013615):
Regarding claim 1, Cho discloses powder mixer comprising: a housing (20 or 200) in which provided raw materials are mixed; an impeller unit (40 or 210) connected to a bottom of the housing; a cover (220 or that shown in Fig. 1a) covering a top of the housing; and an actuator (41 or 300) actuating the impeller unit.
Regarding claim 10, the housing includes a discharger (600) disposed on a side of the housing to discharge a raw material mixture, a binder tank (500) through which assistant raw materials are fed is disposed over the actuator, the cover includes an anti-gathering unit (240) having a support rod (241) connected at a first side with the cover and an anti-gathering face formed at a second side of the support bar and having a shape (242) curved inward, a spray nozzle (800) is connected to the binder tank and the cover, and the spray nozzle uniformly sprays assistant raw materials into the housing.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho (KR 20170139724):
Regarding claim 1, Cho discloses powder mixer comprising: a housing (1120) in which provided raw materials are mixed; an impeller unit (1500) connected to a bottom of the housing; a cover (1140) covering a top of the housing; and an actuator (1600) actuating the impeller unit.
Regarding claim 2, the impeller unit includes: a first rotary shaft (1640) having a hollow shape; and a first impeller (1520) being rotated in a first direction by the first rotary shaft.
Regarding claim 3, the first impeller is connected at a center to the first rotary shaft and both ends of the first impeller are bent toward the inside of the housing (see Fig. 7).
Regarding claim 4, the first impeller blows the raw materials that sink down using rotation force in the first direction when the raw materials are mixed (see Fig. 7).
Regarding claim 5, the actuator includes a first actuating motor (1650) that actuates the first rotary shaft.
Regarding claim 6, the impeller unit includes: a second rotary shaft (1610) inserted in the first rotary shaft; and a second impeller (1510) being rotated in a second direction by the second rotary shaft.
Regarding claim 7, the second impeller is composed of a ring and a plurality of blades that is connected at a first side to an outer circumference 20 of the ring with predetermined intervals along the outer circumference of the ring and that is connected at a second side to the rotary shaft (see Fig. 7).
Claim 8 does not further limit the claimed structure. The second impeller of Cho would be capable of performing the recited intended operation, pushing material outward and then upward, while drawing central material downward, due to rotation and centrifugal force.
Regarding claim 9, the actuator includes a second actuating motor (1620) that actuates the second rotary shaft.
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.
Claims 2-9 are rejected under 35 U.S.C. 103 as being unpatentable over Cho (KR 20220013615) in view of Cho (KR 20170139724). Both these references were discussed above.
Regarding claim 2, Cho ‘615 further discloses a first impeller (231) and a shaft (211) but does not disclose a hollow shaft. Cho ‘724 teaches a first rotary shaft (1640) having a hollow shape; and a first impeller (1520) being rotated in a first direction by the first rotary shaft. It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided the first impeller with a hollow shaft as taught by Cho ‘724 so as to independently rotate coaxial impellers thereby improving mixing.
Regarding claim 3, Cho ‘615 further discloses that both ends of first impeller are bent towards the inside of the housing (see Fig. 7).
Regarding claim 4, Cho ‘615 further discloses that the first impeller blows the raw materials that sink down using rotation force in the first direction when the raw materials are mixed (see [0119]).
Regarding claim 5, Cho ‘615 further discloses a first actuating motor (310). Cho ‘724 teaches first actuating motor (1650).
Regarding claim 6, Cho ‘615 further discloses second impeller (232). Cho ‘724 teaches a second rotary shaft (1610) inserted in the first rotary shaft; and a second impeller (1510) being rotated in a second direction by the second rotary shaft.
Regarding claim 7, Cho ‘615 further discloses that the second impeller (232) is composed of a ring and a plurality of blades that is connected at a first side to an outer circumference of the ring with predetermined intervals along the outer circumference of the ring and that is connected at a second side to the rotary shaft (see Fig. 8).
Regarding claim 8, Cho ‘615 further discloses impeller moves up and down the raw materials using rotation force in the second direction when the raw materials are mixed (see [0126] and [0127]).
Regarding claim 9, Cho ‘724 teaches a second actuating motor (1620) that actuates the second rotary shaft.
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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