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 .
The preliminary amendment filed on 9/4/2024 has been entered.
Claim Objections
The following claims are objected to because of the following informalities:
A double inclusion limitation appears for “at least one fluid line” in claim 7 that has been cited previously in claim 1.
In claim 4, the term “them” and in claim 6, the term “they” may not properly refer to the intended respective limitations.
In claim 7, applicant is advised to define the term “CIP”.
There is a lack of antecedent basis for “the side wall elements” in claim 9.
In claim 10, “A production machine with at least one metering device according to claim 1” does not properly refer to “a metering device” as cited in claim 1. As an example, Applicant may construct the claim as: “A production machine having the metering device according to claim 1”.
Appropriate corrections are required.
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 1-10 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.
The term “substantially” in claims 1, 3-5, and 9 are a relative term which renders the claim indefinite. The term “substantially” 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. Applicant is advised to delete the term “substantially”.
Claim Rejections - 35 USC § 102
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 1-5 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walter (US 4,730,648).
Regarding claim 1, Walter discloses a metering device for a metering of liquid or pasty products (fig.1-4; col 1, ll. 7-13) comprising at least one frame unit (8, 23, 23’) and a plurality of pump units (2) for conveying the liquid or pasty products, the pump units being arranged on a base element (8) of the frame unit, further comprising at least one stiffening unit (23 and 12) comprising at least one stiffening element which has at least one fluid line and which connects the pump units to one another in an at least substantially rigid manner (via 23 for holding pistons 22 and piston rods 22’), the stiffening element being arranged at the pump units on a side of the pump units that faces away from the base element and/or from pump discharge nozzles of the pump units (see fig.1-2).
Regarding claim 2, Walter discloses the pump units are in each case fixed to the base element with one end and are fixed to the at least one stiffening element with a further end (via pump cylinder 11 on 8 and 12 on 23).
Regarding claim 3, Walter discloses the at least one stiffening element has a main extension plane which extends at least substantially parallel to a main extension plane of the base element (see 23 and 8 in fig.1-2).
Regarding claim 4, Walter discloses viewed along a direction that runs at least substantially parallel to a main extension plane of the base element, the at least one stiffening element extends at least over two pump units of the plurality of pump units and bears against them (see fig.1-2).
Regarding claim 5, Walter discloses the at least one stiffening unit comprises at least one further stiffening element (via 12) which connects the pump units to one another in an at least substantially rigid manner (see fig.1-2).
Regarding claim 7, Walter discloses the at least one stiffening element comprises at least one fluid line which is configured for conveying a CIP cleaning medium provided for a CIP cleaning of the pump units (col 4, ll. 32-55).
Regarding claim 8, Walter discloses at least one drive unit (22’) which is arranged on a base frame of the at least one frame unit (see fig.1-2), wherein the base frame (8) is fixed to the base element (1) and the plurality of pump units is arranged, without a rigid connection, between two side wall elements of the base frame at least at one end (see connection 1 and 8).
Regarding claim 9, Walter discloses the at least one stiffening unit comprises at least one flexurally rigid drive stiffening element (col 1, ll. 14-17, “plastic”) on which the at least one drive unit (12) is arranged, wherein the at least one drive stiffening element is connected to the side wall elements in an at least substantially rigid manner (see fig.1-2).
Regarding claim 10, Walter discloses a production machine with at least one metering device according to claim 1 (see fig. 1-4 and claim 1 as cited in the above).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Walter (US 4,730,648).
Walter is silent in disclosing together with the at least one stiffening element and with the base element the plurality of pump units are configured such that they are module-wise exchangeable as a whole. It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to make the stiffening element, the base element and the plurality of pump units separable, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lingenhoff (US 2005/0224522).
Lingenhoff discloses a metering device for a metering of liquid or pasty products (fig.1-7) comprising at least one frame unit (see the frame attached to 19, under container 2) and a plurality of pump units (8) for conveying the liquid or pasty products, the pump units being arranged on a base element (19) of the frame unit, further comprising at least one stiffening unit comprising at least one stiffening element which has at least one fluid line and which connects the pump units to one another in an at least substantially rigid manner (see fig.1, pistons 8 are held via marked area 10), the stiffening element being arranged at the pump units on a side of the pump units that faces away from the base element and/or from pump discharge nozzles of the pump units (see fig.1).
State of the Prior Arts
Regarding claim 1, the prior arts to Walter (US 4,730,648), Lingenhoff (US 2005/0224522), Perkins (US 2,510,317), Warner (US 3,695,486), Nobuta (US 4,871,001), Turtchan (US 5,431,198), Schromm (US 5,996,652), Wu (US 7,228,675) and Mueller (US 8,746,295) as cited in PTO-892 are also citing significant pertinent structures or features to the applicant’s claimed invention with regard to a metering device for a metering of liquid or pasty products having at least one frame unit and a plurality of pump units for conveying the liquid or pasty products, the pump units being arranged on a base element of the frame unit with at least one stiffening element which has at least one fluid line and which connects the pump units to one another in an at least substantially rigid manner, the stiffening element being arranged at the pump units on a side of the pump units that faces away from the base element and/or from pump discharge nozzles of the pump units. It appears that claim 1 does not provide any inventive concept over the cited prior arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754
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