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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Canada on 2/10/2022. It is noted, however, that applicant has not filed a certified copy of the PCT/CA2022/050197 application as required by 37 CFR 1.55.
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 10, 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.
Regarding claims 10,, claims 10, 11, 22 and 27 recite the limitation "the rotor hub" in line 2 of the claims. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 19, the term “snuggly” in claim 19 is a relative term which renders the claim indefinite. The term “snuggly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The degree in which the top circular projection and bottom circular projection respectively fit within the central plate opening of the upper hub plate and the central plate opening of the lower hub plate is indefinite.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3 ,10 and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barclay US 4,901,929. US 4,901,929 is a published patent hereinafter to be referred to as the Barclay patent.
Regarding claim 1, Barclay discloses a rotor assembly for a pulverizer comprising a hub (Barclay – Annular Member 13, Annular Wear Plates 27, Circular Wear Plates 29; FIG. 1A) mountable on a rotatable shaft (Barclay – Shaft 43, FIG. 1); a plurality of rotor arms (Barclay – Tool Members 15,17; FIG. 1) extending outwardly from the hub (Barclay – 13,27,29) for pulverizing material received in the housing when the rotatable shaft (Barclay – 43) is rotated, wherein the hub (Barclay – 13,27,29) including a plurality of hub sections connectable together to form the hub (Barclay FIG. 1A), the plurality of hub sections being separable from each other and movable radially outwardly away from the rotatable shaft (Barclay FIG. 1A; Barclay Col. 4, Lines 62-63: Moving radially outward is hub 51 and then annular wear plates (27).).
Regarding claim 3, Barclay discloses the rotor assembly wherein the plurality of hub sections are disconnectable from each other by moving the plurality of hub sections relative to each other in a direction parallel to an axis of the rotatable shaft (See FIG. 1A Below; Col. 4, Lines 15-23: The annular member (13) is optionally protected by annular wear plates (27) and circumferential wear plates (29). The annular wear plates (27) are attached to the side faces 19 via bolts or screws 55, shown in FIGS. 2 and 3. These bolts engage with the annular member (13) to removably attach the annular wear plates (27). The circumferential wear plates (29) are held to the outer periphery 31 of the annular member (13) using bolts and connector plates 30 described more fully in relation to FIG. 2.).
Regarding claim 10, Barclay discloses the rotor assembly wherein the rotor hub (Barclay – 11) includes an upper hub plate (Barclay – 27 Upper; See FIG. 1A below) and a lower hub plate (Barclay – 27 Lower; See FIG. 1A below) spaced apart from each other and extending substantially parallel to each other, and an annular core member (Barclay – Hub 51; FIG. 1A) coaxially engageable with the rotatable shaft (Barclay – 43) and disposed between the upper hub plate (Barclay – 27 Upper; FIG. 3) and the lower hub plate (Barclay – 27 Lower; FIG. 3)(Barclay Col. 4, Lines 63-66: The inner diameter of the annular wear plates (27) is slightly larger than the outer diameter of the hub 51 so that the annular wear plates fit over the hub.).
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Regarding claim 34, Barclay discloses a shaft assembly for a pulverizer, the pulverizer including a housing (the pulverizer and housing are claimed as intended use and are not positively claimed), the shaft assembly comprising a rotatable shaft (Barclay – 43) rotatably mountable in a housing; a hub (Barclay – 13,27,29) mountable on the rotatable shaft (Barclay – 43); a plurality of rotor arms (Barclay – 15,17) extending outwardly from the hub (Barclay – 13,27,29) for pulverizing material received in the housing when the rotatable shaft (Barclay – 43) is rotated, wherein the hub (Barclay – 13,27,29) including a plurality of hub sections connectable together (Barclay – FIG. 1A) to form the hub (Barclay – 13,27,29), the plurality of hub sections being separable from each other (Barclay Col. 4, Lines 15-23: The annular wear plates (27) are attached to the side faces 19 via bolts or screws 55, shown in FIGS. 2 and 3. These bolts engage with the annular member (13) to removably attach the annular wear plates (27). The circumferential wear plates (29) are held to the outer periphery 31 of the annular member (13) using bolts and connector plates 30 described more fully in relation to FIG. 2.) and movable radially outwardly away from the rotatable shaft (Barclay Col. 4, Lines 62-63: Moving radially outward is hub 51 and then annular wear plates (27).).
Claims 35 and 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lutoslawski et al. WO 2020/010469 A1. WO 2020/010469 A1 is a published patent application number hereinafter to be referred to as the Lutoslawski patent.
Regarding claim 35, Lutoslawski et al. discloses a pulverizer (Lutoslawski – Pulverizer 10, FIG. 1) comprising a housing (Lutoslawski – Housing 20, FIG. 1); a rotatable shaft (Lutoslawski – Rotatable Shaft 106, FIG. 4) mountable in the housing (Lutoslawski Summary Page The rotatable shaft (106) may be mounted to the housing (20) via bearings located at the top and bottom ends 24, 22 of the housing (20); a hub (Lutoslawski – Rotor Hub 120, FIG. 12) mountable on the rotatable shaft (Lutoslawski – 106); a plurality of rotor arms (Lutoslawski – Rotor Arms 122, FIG. 12) extending outwardly from the hub (Lutoslawski – 120)(Lutoslawaski Summary Page 5, Lines 55-56: the pulverizing rotor includes a rotor hub connected to the rotating shaft, the arms extending outwardly from the rotor hub.) for pulverizing material received in the housing when the rotatable shaft is rotated, wherein the hub including a plurality of hub sections connectable together to form the hub, the plurality of hub sections (Lutoslawski – Top Plate 600, Bottom Plate 602, Coverplate – 624 (624a, 624b, FIGS. 13, 14), being separable from each other and movable radially outwardly away from the rotatable shaft (Lutoslawaski Summary Page 20, Lines 44-46: the coverplate 624 includes a pair of coverplate portions 624a, 624b connected together and mounted on the top plate 600 to facilitate mounting the coverplate 624 around the rotatable shaft.).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4,5,6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Barclay US 4,901,929 in view of Amae JP H0817951 B2. JP H0817951 B2 is a published patent hereinafter to be referred to as the Amae patent.
Regarding claim 4, Barclay discloses the rotor assembly (See claim 1 rejection above), however, Barclay fails to disclose wherein each hub section includes at least one hub section connector, each hub section connector being adapted to engage a corresponding hub section connector of another one of the plurality of hub sections. Amae teaches each hub section (Amae – Peripheral Plate 14, Half Member 14a, Half Member 14b; FIG. 4) includes at least one hub section connector (Amae – Projections 18; FIG. 4), each hub section connector being adapted to engage a corresponding hub section connector of another one of the plurality of hub sections (Amae – Grooves 19; FIG. 4).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotor assembly of Barclay to include a hub section having a hub section connector adapted to engage a corresponding hub section of another hub section, as taught by Amae, to simplify the repair process. By dividing the hub section in the circumferential direction, the outermost hub section can be removed allowing access to the innermost hub sections and eliminating the need to remove the rotor assembly from the shaft (See Amae Para [0015], Lines 8-10: Further, if the outer peripheral plate can be divided in the circumferential direction, the outer peripheral plate can be attached from the outside to the inner peripheral plate attached to the rotary shaft, so that the replacement work can be simplified.; Para [0018], Page 4, Lines 30-34: The replacement of the outer peripheral plate (14) is carried out by inserting the half-split members (14a) and (14b) into the outer periphery of the inner peripheral plate 13 from the outside at the position of each inner peripheral plate 13 attached to the rotary shaft 4. Can be easily assembled. That is, the inner peripheral plate 13 can be replaced without being disassembled from the rotary shaft 4, and the work can be performed in a short time.)
Regarding claim 5, Barclay discloses the rotor assembly (See claim 4 rejection above), however, Barclay fails to disclose wherein each hub section connector includes one of a male hub section connector and a female hub section connector. Amae teaches each hub section connector includes one of a male hub section connector (Amae – 18) and a female hub section connector (Amae – 19).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the hub section of the rotor assembly of Barclay such that each hub section includes one of a male hub section connector and a female hub section connector, as taught by Amae, so to vertically connect the two corresponding hub sections together forming a ring shape (Amae Para [0018], Page 3, Lines 31-32: Positioning projections (18) and grooves (19) are formed on both ends of the half members (14a) and (14b) for vertically fitting with each other, and the projections (18) and the grooves (19) are fitted to each other. By connecting (14a) and (14b), the outer peripheral plate (14) positioned in a predetermined ring shape is obtained.).
Regarding claim 6, Barclay disclose the rotor assembly (See claim 1 rejection above), however, Barclay fails to disclose wherein each hub section includes a first hub section end and a second hub section ends, the first hub section end including a male hub section connector and the second hub section end including a female hub section connector. Amae teaches each hub section (Amae – 14) includes a first hub section end (Amae – 14a) and a second hub section ends (Amae – 14b), the first hub section end including a male hub section connector (Amae – 14a,18) and the second hub section end including a female hub section connector (Amae – 14b, 19).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the hub section of the rotor assembly of Barclay such that each hub section includes one of a male hub section connector and a female hub section connector, as taught by Amae, so to vertically connect the two corresponding hub sections together (Amae Para [0018], Page 3, Lines 31-32: Positioning projections (18) and grooves (19) are formed on both ends of the half members (14a) and (14b) for vertically fitting with each other, and the projections (18) and the grooves (19) are fitted to each other.).
Regarding claim 7, Amae teaches a male hub section connector (Amae – 18) and the female hub section connector (Amae – 19) form a dovetail connection, such that: the male hub section connector includes a narrow base portion and a flared end portion extending away from the narrow base portion, the flared end portion being wider than the narrow base portion; and/or the female hub section connector includes a narrow neck portion and a flared inner portion extending away from the narrow neck portion and into the corresponding hub section, the flared inner portion being wider than the narrow neck portion (Amae FIG. 4).
Claims 11,18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Barclay US 4,901,929 in view of Seifert US 4,907,750. US 4,907,750 is a published patent hereinafter to be referred to as the Seifert patent.
Regarding claim 11, Barclay discloses the rotor assembly wherein at least one of a portion of the rotor arms (Barclay – 15,17) is disposed between the upper and lower hub plates (Barclay – 27 Lower, Upper)(See FIG. 1 below, Upper not shown); the annular core member (Barclay – Shearing Wheel 71) is substantially polygonal and defines a plurality of corners (Barclay Col. 6, Lines 8-9: Shearing wheel 71 includes a polygonal-shaped support shoulder having a predetermined number of sides 81.), the annular core member (Barclay – 71) further including a plurality of fastener openings, each fastener opening being located at one of the corners of the annular core member (See FIG. 5 below); and the annular core member (Barclay – 71) includes a main body having top and bottom core member surfaces, a top circular projection extending away from the top core member surface and a bottom circular projection extending away from the bottom core member surface (See FIG. 3 below). However, Barclay fails to disclose the rotor hub further includes a plurality of plate spacers extending between the upper hub plate and the lower hub plate.
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Seifert teaches a rotor hub (Seifert – Rotor 24; FIG. 4) that includes a plurality of plate spacers (Seifert – Spacer Pin Set 107; FIG. 45) extending between the upper hub plate (Seifert – Side Plate 94; FIG. 4) and the lower hub plate (Seifert – Side Plate 96; FIG. 4).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotor assembly of Barclay to include a plurality of plate spacers extending between the upper hub plate and the lower hub plate, as taught by Siefert, to provide a means to connect the upper hub plate to lower hub plate, wherein the spacers can receive a screw at a distal end in contact with either the upper hub plate or the lower hub plate (See Seifert Col. 6, Lines 1-9: The plates 92, 94 and 96 are separate by respective sets 107 of spacer pins 106 and 108. As indicated in FIGS. 4 and 6, the spacer pins 106 and 108 have their similar ends 110 each formed to define a stud 112 that for each spacer pin set 107 are received in the respective apertures 114 defined by the center plate rim portion 104, and their other ends 115 are secured to the respective plates 94 and 96 by suitable flat head screws 118.)
Regarding claim 18, Barclay in view of Seifert discloses the rotor assembly, wherein at least one of the upper hub plate (Barclay – 27 Upper) and the lower hub plate (Barclay – 27 Lower) has a central plate opening, and wherein the upper hub plate (Barclay – 27 Upper) being is receivable on the top core member surface such that the top circular projection is received in the central plate opening of the upper hub plate (Barclay – 27 Upper) and/or the lower hub plate (Barclay – 27 Lower) is receivable on the bottom core member surface such that the bottom circular projection is received in the central plate opening of the lower hub plate (Barclay – 27 Lower)(See FIG. 3 above and FIG. 1A.1 below).
Regarding claim 19, Barclay in view of Seifert discloses the rotor assembly wherein at least one of: the central plate opening of the upper hub plate (Barclay – 27 Upper) has a diameter which is substantially equal to an outer diameter of the top circular projection such that the top circular projection snuggly fits in the central plate opening of the upper hub plate (Barclay – 27 Upper) ; and the central plate opening of the lower hub plate (Barclay – 27 Lower) has a diameter which is substantially equal to an outer diameter of the bottom circular projection such that the bottom circular projection snuggly fits in the central plate opening of the lower hub plate (Barclay – 27 Lower)(See FIG. 1A.1 below).
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Claims 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Barclay US 4,901,929 in view of Watts US 9,403,167 B2. US 9,403,167 B2 is a published patent hereinafter to be referred to as the Watts patent.
Regarding claim 27, Barclay discloses the rotor assembly (See claim 1 rejection above), however, Barclay fails to disclose the rotor assembly further comprising a hub locking member selectively engageable with the rotor hub to secure the rotor hub at a desired axial location along the rotatable shaft. Watts teaches a hub locking member (Watts – Inner Hub Member 63; FIG. 9) selectively engageable with the rotor hub (Watts – Hub 61; FIG. 2) to secure the rotor hub at a desired axial location along the rotatable shaft (Watts Col. 4, Lines 55-59: With the fasteners 81 loose and the inner hub member (63) uncompressed, the hub (61)…can be moved along the shaft 7 and repositioned anywhere within the limits of the length of the respective key 69.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotor assembly of Barclay to include a hub locking member selectively engageable with the rotor hub to secure the rotor hub at a desired axial location along the rotatable shaft, as taught by Watts, to move and secure the rotor assembly at a given position along the length of the shaft (Watts Col. 6, Lines 34-40: the positions of the cutter discs 9 and fan disc 10 along the shaft 7 are also adjustable due to the use of taper lock hubs (61) to connect the discs 9 and 10 to the shaft 7. As best seen in FIGS. 8 and 9, each hub (61) includes an inner hub member (63) and an outer hub member 65; Col. 6, Lines: 59-63: Once the cutter disc 9 is in the desired position, the fasteners 79 are tightened, drawing the inner hub member (63) into the tapered central bore 77 of the outer hub member 65 and compressing the inner nub member (63) against the shaft 7 to retain the hub (61) and disc 9 or 10 in position.).
Regarding claim 28, Barclay discloses the rotor assembly (See claim 27 rejection above), Watts teaches a hub locking member (Watts – 61) that includes a ring member (Watts – 63) coaxially engageable with the rotatable shaft, the ring member being engageable with both the hub (Watts – 61) and the rotatable shaft (Watts – Shaft 7; FIG. 9) to prevent movement of the hub (Watts – 61) relative to the rotatable shaft (Watts – 7).
Regarding claim 29, Barclay discloses the rotor assembly (See claim 28 rejection above), Watts teaches a ring member (Watts – 74) that includes top and bottom ends and a ring member (Watts – Outer Hub Member 65) that includes a top flange located at the top end (See FIG. 9 below), the annular wall being wedgeable between the hub (Watts – 61) and the rotatable shaft (Watts – 7) to prevent movement of the hub (Watts – 61) relative to the rotatable shaft (Watts – 7).
Claims 31 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Barclay US 4,901,929 in view of Watts US 9,403,106 B2 as applied to claim 29 above, and further in view of Labbé US 7,810,531 B2. US 7,810,531 B2 is a published patent hereinafter to be referred to as the Labbé patent.
Regarding claim 31, Barclay in view Watts discloses the rotor assembly (See claim 29 rejection above), however, Barclay in view of Watts fails to disclose wherein the ring member is penannular and includes first and second ring ends which are spaced apart from each other. Labbé teaches a penannular ring member (Labbé – Collar 30; FIG. 8) that includes first and second ring ends (Labbé – End 46, End 48; FIG. 8) which are spaced apart from each other (Labbé Col. 8, Lines 42-46: each collar (30) has a penannular structure defined by a relatively flat, circumferentially extending, sidewall 40. The sidewall 40 is bounded circumferentially by an outer edge 42 and inner edge 44, and has first and second spaced apart ends (46) and (48).).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the ring member of the hub locking member to be penannular having a first and second ring ends spaced apart from each other, as taught by Labbé, to allow for the ring member of the hub locker member to tighten when the hub locking member is compressed when engaged to lock the hub in position along the shaft. It is known within the art that a penannular ring design, wherein there is space between a first and a second end, allows the ring to be compressed.
Regarding claim 32, Barclay in view Watts discloses the rotor assembly, wherein the annular wall (Watts – 63) has a tapered outer surface (Watts – Outer Surface 75; FIG. 9) slidable against a corresponding angled inner surface (Watts – Inner Surface 78; FIG. 9) of the hub (watts – 61) when the ring member is moved along the rotatable shaft (Watts Col. 4, Lines 46-50: The inner hub member (63) includes a split (74) which allows it to be compressed against the shaft (7) and a tapered outer surface (75). The outer hub member (65) has a central bore 77 sized to receive the inner hub member (63) and an inner surface (78) tapered to match the outer surface (75) thereof.), however, Barclay in view Watts fails to disclose wherein at least one of the ring member is substantially resilient to allow movement of the first and second ring ends towards each other; and to move the first and second ring ends towards each other.
Labbé teaches a ring member substantially resilient to allow movement of the first and second ring ends towards each other; and movement of the first and second ring ends towards each other (See Labbé Col. 8, Lines 46-49: The space between the ends (46) and (48) defines a cutout 50 formed in the collar (30) that is sized to accommodate therein a portion of the cutting tooth assembly 34.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the ring member of the hub locking member to have a first and second ring ends that move towards each other, as taught by Labbé, to allow for the ring member of the hub locker member to tighten when the hub locking member is compressed when engaged to lock the hub in position along the shaft. It is known within the art that a penannular ring design, wherein there is space between a first and a second end, allows the ring to be compressed.
Allowable Subject Matter
Claim 22 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.
Claim 23 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARLINGTON N IBEKWE whose telephone number is (571)272-2474. The examiner can normally be reached Monday - Friday 8am - 4:00pm.
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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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/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
D.N.I.
Patent Examiner
Art Unit 3725