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 1 is rejected under 35 U.S.C. 112 (b) for lacking antecedent basis. Regarding claim 1, “the pressure valve” is note previously referred to in the claim. Correction/clarification is required.
Claims 2-14 do not overcome the 35 U.S.C. 112 (b) rejection of claim 1 and are rejected under 35 U.S.C. 112 (b) for lacking antecedent basis.
Claim 2 is rejected under 35 U.S.C. 112 (b) for being indefinite since it is not clear if “a pressure valve” is referred to the pressure valve in claim 1 or a separate pressure valve. Correction/clarification is required.
Claim 4 is rejected under 35 U.S.C. 112 (b) for lacking antecedent basis since “the first pipe” “first pressure sensor” “second pressure sensor” are referred to in the claim. Correction/clarification is required.
Claim 5 does not overcome the 35 U.S.C. 112 (b) rejection of claim 4 and is therefore also rejected under 35 U.S.C. 112 (b) for lacking antecedent basis.
Claim 6 is rejected under 35 U.S.C. 112 (b) for lacking antecedent basis since “the pump” is not previously referred to in the claim, or claim 1, from which claim 6 depends.
Claim 15 is rejected under 35 U.S.C. 112 (b) for lacking antecedent basis since “the pressure valve” is not previously referred to in the claims.
Claims 16-18 do not overcome the 35 U.S.C. 112 (b) rejection of claim 15 and are also rejected under 35 U.S.C. 112 (B) for lacking antecedent basis.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1, 2, 6, 12, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhong (U.S. Publication 2021/0308638).
Regarding claim 1, Zhong teaches an inline control and measuring system for a continuous mixing process (Figure 4, with item 28 and valves and pumps are considered capable of a continuous mixing process), comprising: an extruder for mixing solid or viscous materials with liquids and/or solvents to form the paste or viscous materials (item 34 receives powder from item 35 and water from item 27 and considered capable of forming a paste or viscous material, the materials are considered intended use), wherein the paste or viscous material is discharged through a supply line and at least one outlet of a plurality of outlets (supply line extending from item 34 to item 42, to item 4); a bypass line branching from the supply line for receiving a volume of the paste from the supply line (flow path extending from outlet of item 4 and item 24), wherein the bypass line comprises a plurality of pipes and a sensor (item 24 includes a plurality of pipes, paragraph 59 teaches a flow meter), a controller in communication with the extruder and the sensor in the bypass line (paragraph 51 teaches discharge system item 24 is controlled by electrical control system 25), wherein the controller (i) receives signals of at least one of the plurality of the sensors in the bypass line (item 24 is controlled by item 25 and item 24 includes a flow meter as taught in paragraph 25 and is considered capable of communicating with item 25), (ii) determines product properties of the paste based on at least the sensor measurements in the bypass line (item 25 is considered capable of determining a product property of the mixed product in item 24, the material being worked upon is considered intended use) (iii) discharges the paste through the at least one outlet of the plurality of outlets based on the determined product properties (item 25 is considered capable of controlling the flow of valves, as taught in paragraph 51 that include the valves feeding the outlets that feeds into item 4), and (iv) controls the extruder and/or the pressure valve, when the determined product properties of the paste are different from target product properties (item 25 is considered capable of determining if more water is needed and delivered via item 20, paragraph 53 teaches measuring with the assistance of an electronic scale), wherein the plurality of outlets comprises a first outlet communicated with a production line (item 24 has an outlet considered in communication with a production line where material is fed downstream), wherein the first quality paste is discharged through the first outlet by being fed to a next production step, a second outlet communicated with the extruder (each of the outlets are in communication with the extruder 34 upstream of item 24), wherein the second quality paste is discharged through the second outlet by being fed back to the continuous mixing process via the extruder (paragraph 65 teaches a small flow recycle mixing) and a third outlet (item 24 has several outlets)and a waste tank (item 28). Regarding claim 1, Zhong teaches one sensor (flow meter 16) and a separate scale which would inherently have a sensor (paragraph 53), and a waste tank (item 28) but is silent to the location of the second sensor specifically being on the bypass line and the location of the waste tank. Regarding claim 1, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the location of the sensor and waste bin in order to deliver the desired product since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 2, Zhong teaches a pump and a flow meter (paragraph 59, teaches a flow meter item 3 and suction pump item 2). Regarding claim 2, Zhong is silent to the pump and flow meter location. Regarding claim 2, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the location of the pump and flow meter in order to deliver the desired product since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 6, Zhong teaches the controller receives flow rate of the paste flowing through the bypass line and regulates a pump when the actual flow rate of the paste is different from the target flow rate (paragraph 79 teaches control system 25 can adjust the suction pump and is considered capable of regulating the mixing operation to reach a target material property).
Regarding claim 12, Zhong teaches wherein the controller identifies the paste as a first quality paste when the determined viscosity of the paste is equal to the target viscosity range, a second quality paste when the determined viscosity of the paste is different from the target viscosity range and equal to a predefined viscosity range, or a third quality paste when the determined viscosity of the paste is different from the target viscosity range corresponding to the first quality paste and the predefined viscosity range corresponding to the second quality paste (paragraph 79 teaches control system 25 can adjust the suction pump and is considered capable of regulating the mixing operation to reach a target material which would inherently have a viscosity).
Regarding claim 13, Zhong teaches further comprising a pressure valve disposed on the supply line for controlling a pressure at which the paste is discharged through the supply line (see valves proximate item 22 that control the flow of material towards item 4).
Regarding claim 14, Zhong teaches flow meter (paragraph 59, teaches a flow meter item 3). Regarding claim 14, Zhong is silent to the flow meter location. Regarding claim 2, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the location of the flow meter in order to deliver the desired product since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Allowable Subject Matter
Claim 3, 4, 5, 7, 8, 9, 10, 11, 15, 16, 17, and 18, 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.
Regarding claim 3, the prior art does not teach or fairly suggest the system with the combination of the four pressure sensor configuration.
Regarding claim 4, the prior art does not teach or fairly suggest the system with the combination of the flow sensor between two pressure sensors.
Regarding claim 7, the prior art does not teach or fairly suggest the system with the combination of a metering device disposed on the bypass line for measuring pH and electrical conductivity.
Regarding claim 8, the prior art does not teach or fairly suggest the system with the combination of solid state sensor for disposed on the bypass line for measuring solid contents in the paste.
Regarding claim 9, the prior art does not teach or fairly suggest the system with the combination of the pressure sensor disposed at a junction at which the bypass line branches from the supply line for generating signals indicative of pressure of the paste flowing through the supply line.
Regarding claim 10, the prior art does not teach or fairly suggest the system with the combination of the gas sensor disposed on the supply line.
Regarding claim 15, the prior art does not teach or fairly suggest the method for producing paste with the combination of the system comprising an extruder, supply line, plurality of outlets, flow meter, bypass line, and pressure sensors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANSHU BHATIA whose telephone number is (571)270-7628. The examiner can normally be reached Monday - Friday 11 a.m. to 7:30 p.m..
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/ANSHU BHATIA/Primary Examiner, Art Unit 1774
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