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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/18/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chong et al. (US PGPub 2017/0259457, hereinafter Chong).
Regarding claim 1, Chong discloses a mixing machine for continuously mixing powder material into a liquid flow, including a mixing body comprising:
a mixing section (figure 5, mixing assembly 44) having a mixing chamber (see assembly 44) in which a rotor (impeller 134) is rotatably mounted, wherein the mixing section has an outlet duct (discharge line 72) communicating with the mixing chamber,
a liquid inlet section (within guide wall 146) located above the mixing section and forming a liquid inlet chamber (see figure 5), wherein the liquid inlet section comprises a liquid inlet duct (inlet 52) communicating with the liquid inlet chamber,
a powder inlet section (within skirt 144) located above the liquid inlet section and having a through-channel having a lower end communicating with the liquid inlet chamber (see figure 5) and an upper end that communicates with at least one powder inlet duct (inlet 46),
wherein the powder inlet section comprises a valve (shutoff 158) having a valve member cooperating with a valve seat formed in the through-channel of the powder inlet section (see figure 5), and
wherein the valve member is movable between an open position in which the through-channel is open and the at least one powder inlet duct is in communication with the liquid inlet chamber, and a closed position in which the through-channel is closed and the at least one powder inlet duct is isolated from the liquid inlet chamber (paragraph 0058).
Regarding claim 3, Chong discloses the valve member being controlled by an actuator carried by the powder inlet section (figure 5, actuator can be seen attached to shutoff 158).
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chong et al. (US PGPub 2017/0259457, hereinafter Chong) in view of Taniguchi (US PGPub 2004/0057332, hereinafter Taniguchi).
Regarding claim 2, Chong is silent to a ball valve. Taniguchi teaches a mixing machine for mixing powder material into a liquid flow (figure 1) including a powder inlet section (figure 5, ducts 31 and 52) having a ball valve (ball valve 92). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have substituted the ball valve of Taniguchi for the shutoff of Chong because the simple substitution of one known valve member for another would have provided only the predictable result of stopping or starting flow of powder material in the powder inlet section.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chong et al. (US PGPub 2017/0259457, hereinafter Chong) in view of Bonnier et al. (US PGPub 2019/0344228, hereinafter Bonnier).
Regarding claim 4, Chong is silent to the closed and open positions as recited. Bonnier teaches a mixing machine having a powder inlet section (figure 1, column 2) and a liquid inlet section (cone 1 and inlet 3) wherein the powder inlet section is movable between a closed position and an open position, wherein in the closed position the powder inlet section closes an upper edge of the liquid inlet section and in the open position the powder inlet section is detached from the upper edge of the liquid inlet section (see attachment between column 2 and cone 1). As can be seen in the figure, the powder inlet section of Bonnier is attached to the liquid inlet section via a bolted flange. Thus, the powder inlet section would be fully capable of being moved to an open position (i.e. if the bolts were removed and column 2 was detached) and a closed position as seen in figure 1, meeting the claim. To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Chong with the moveable powder inlet section of Bonnier for the purpose of allowing access to the interior of the machine for cleaning and/or maintenance.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chong et al. (US PGPub 2017/0259457, hereinafter Chong) in view of Lipp (US PGPub 2003/0043691, hereinafter Lipp).
Regarding claim 8, Chong discloses an electric motor (paragraph 0025), but is silent to the support base as recited. Lipp teaches a mixing machine (figure 1) that includes a mixing body and a support base (frame stand 1) which carries said mixing body (mixing drum 6) and an electric motor (motor 2b), wherein the mixing body comprises a tubular support section (shaft bearing 2a) having a lower end fixed to the support base and extending upwards from the support base (see figure 1), wherein a drive shaft (input shaft 4) is rotatably mounted within the tubular support section about a vertical axis, wherein the drive shaft is supported by the tubular support section by bearings (bearing 2a) and has a lower end connected to said electric motor by a transmission (belt drive 3). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Chong with the support base and associated structures of Lipp because the substitution of the support structure of Chong for those of Lipp would have provided only the predictable result of supporting the drive shaft and motor, as evidenced by the references.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chong et al. (US PGPub 2017/0259457, hereinafter Chong) in view of Lipp (US PGPub 2003/0043691, hereinafter Lipp), as applied to claim 8 above, and further in view of Burchett (US PGPub 2003/0112701, hereinafter Burchett).
Regarding claims 9 and 10, Chong in view of Lipp is silent to seals and O-rings as recited. Burchett teaches a mixing device having a multi-piece container and a rotary stirring element (figure 1) that includes a sealing section located in a tubular housing for the drive shaft (O-rings 58 and 59) and sealing O-rings (gasket 38) located between other sections of the device. To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have included a sealing section and respective O-rings arranged between contact surfaces of the device in the combination of Chong and Lipp for the purpose of sealing the device from the outside environment to prevent contamination.
Allowable Subject Matter
Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 5 is deemed to contain allowable subject matter because it recites specific structure of a frame attached to the powder inlet section to act as an opening device not reasonably disclosed, taught, or suggested in the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art generally discloses devices for mixing solids and liquids including a mixing chamber, a powder inlet section, and a liquid inlet section.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC C HOWELL whose telephone number is (571)272-9834. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire 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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/MARC C HOWELL/ Primary Examiner, Art Unit 1774
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