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 § 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.
Claim(s) 1-6 and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kalle. (US 2,946,873)
With respect to claim 1, Kalle teaches a device (viscosity meter) for determining a rheological property of a suspension of material comprising fibers for producing containers, comprising a tank (vertical tube 15) for storing the suspension of material comprising fibers and a control unit, wherein the tank comprises a stirring device (rotary member 3) for stirring the suspension of material comprising fibers and the control unit is designed to determine a rheological property of the suspension of material comprising fibers based on an interaction between the stirring device and the suspension of material comprising fibers. (col. 2, lines 16-69, Fig. 1)
With respect to claim 8, Kalle teaches a method for determining a rheological property of a suspension of material comprising fibers for producing containers, wherein the suspension of material comprising fibers is stored in a tank (vertical tube 15) and stirred in the tank by means of a stirring device (rotary member 3), wherein a rheological property of the suspension of material comprising fibers is determined by means of a control unit based on an interaction between the stirring device and the suspension of material comprising fibers. (col. 2, lines 16-69, Fig. 1)
With respect to claims 2 and 9, Kalle teaches wherein the rheological property is a viscosity of the suspension of material comprising fibers. (col. 2, lines 16-69)
With respect to claims 3 and 10, Kalle teaches wherein the interaction is a torque, a power consumption or a current consumption which must be applied by the stirring device in order to achieve a certain speed of the stirring device when stirring the suspension and/or a speed of the stirring device which can be achieved with a given torque, a given power consumption or a given current consumption. (col. 3, lines 45-49)
With respect to claims 4 and 11, Kalle teaches wherein the control unit is designed to determine a change in the rheological property within a certain time interval. (col. 3, lines 12-54)
With respect to claims 5 and 12, Kalle teaches wherein the control unit is designed to determine an equilibrium value of the rheological property of the suspension of material comprising fibers when the change in the rheological property within the certain time interval is below a first threshold value. (col. 3, lines 12-54)
With respect to claims 6 and 13, Kalle teaches wherein a solid content and/or a liquid content of the suspension of material comprising fibers can be changed if the equilibrium value deviates from a target value by at least a second threshold value. (col. 3, lines 12-54)
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.
Claim(s) 7 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalle in view of Andersen et al. (CA 2202869, hereafter Andersen)
With respect to claims 7 and 14, Kalle teaches all that is claimed, as in the above rejection, except for an apparatus for producing a container, wherein the tank is connected to the apparatus for producing the container via a discharge line and the suspension of material comprising fibers can be fed to the apparatus for producing the container when the equilibrium value deviates from a target value by less than a second threshold value.
Andersen teaches an apparatus for producing a container from a suspension of material comprising fibers having a tank (mixing tank 20, storage mixer 34) connected to the apparatus for producing the container via a discharge line so that the suspension of material comprising fibers can be fed to the apparatus for producing the container when the equilibrium value deviates from a target value by less than a particular value. (Abstract, page 9, lines 19-28, page 11, lines 8-28, pages 70-72)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the device of Kalle with an apparatus for producing a container, as taught by Andersen, in order to provide a material having known and consistent properties for making optimal containers.
With respect to claim 15, Kalle, as modified by Andersen, teaches wherein the discharge line comprises a pumping device for conveying the suspension of material comprising fibers from the tank to the apparatus for producing the container, and the rheological property of the suspension of material comprising fibers in the discharge line is determined for quality control by means of an energy consumption of the pumping device and/or wherein the discharge line comprises a sensor and the rheological property of the suspension of material comprising fibers in the discharge line is determined for quality control by means of the sensor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 1712890, US 5,600,058 and US 7,347,107 each teach an invention having similarities to the claimed subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JILL E CULLER/Primary Examiner, Art Unit 2853
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