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.
Claims 4 and 5 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.
Claim 4 recites the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, any limitation bounded by the phrase “in particular” will not be treated.
Claim 5 recites the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, any limitation bounded by the phrase “preferably” will not be treated.
Claim 6 recites the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, any limitation bounded by the phrase “preferably” will not be treated.
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, 3, 5, 6, and 8-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6264547 (Walti hereinafter).
Regarding claim 1, Walti teaches a workpiece treatment system that discloses a treatment space which serves to receive one or a plurality of workpieces and in which a treatment procedure is able to be carried out (Figure 2 treatment space 1a); and one or a plurality of recirculating air units by which a recirculating airflow guided through the treatment space is able to be generated (Airflow unit 20), wherein the one or the plurality of recirculating air units include in each case one or a plurality of electric heating devices (Heating element 27).
Regarding claim 3, Walti’s teachings are described above in claim 1 where Walti would further disclose that each recirculating air unit (20) comprises includes the following: a fan for driving the recirculating airflow in the respective recirculating air unit (Fans 21a/23a/22a); an electric heating device for heating the recirculating airflow (Heater 27); one or a plurality of supply devices for supplying the heated recirculating airflow to the treatment space (Supply devices 18/18a); one or a plurality of return ducts for returning the recirculating airflow from the treatment space to the fan (Return duct 15).
Regarding claim 5, Walti’s teachings are described above in claim 1 where Walti would further disclose that each recirculating air unit (20) comprises includes a fan for driving the recirculating airflow in the respective recirculating air unit (Fans 21a/23a) and an electric heating device (Heater 27) for heating the recirculating airflow, wherein an induction space is provided upstream of the fan (Area leading from 15d towards 21a/23a, wherein c) the induction space is disposed, in the vertical direction, so as to be at least approximately level with an impeller of the fan (Leading area to 21a/23a).
Regarding claim 6, Walti’s teachings are described above in claim 1 where Walti would further disclose that each recirculating air unit (20) comprises includes a fan (21a/23a) for driving the recirculating airflow in the respective recirculating air unit and an electric heating device (Heater 27) for heating the recirculating airflow, wherein an ejection region (Area at the outlet of 21a/23a) is provided downstream of the fan (Evident from Figure 2), wherein b) the ejection region is disposed directly above the fan and/or an induction space (Evident from Figure 2).
Regarding claim 8, Walti’s teachings are described above in claim 1 where Walti would further disclose that each recirculating air unit comprises includes the following: a fan for driving the recirculating airflow in the respective recirculating air unit (Either fan 21a or 23a); an electric heating device for heating the recirculating airflow (Heater 27); one or a plurality of supply devices for supplying the heated recirculating airflow to the treatment space (Supply devices 18/18a); one or a plurality of return ducts for returning the recirculating airflow from the treatment space to the fan (Return duct 15); and wherein the one or the plurality of return ducts runs/run below the treatment space (Evident of 15 in Figure 2), optionally in a floor wall assembly of the treatment system that delimits the treatment space toward the bottom (Evident from Figure 2).
Regarding claim 9, Walti’s teachings are described above in claim 1 where Walti would further disclose that a fan for driving the recirculating airflow in the respective recirculating air unit (Fans 21a/22a/23a); an electric heating device for heating the recirculating airflow (Heater 27); one or a plurality of supply devices for supplying the heated recirculating airflow to the treatment space (Supply devices 18/18a); one or a plurality of return ducts for returning the recirculating airflow from the treatment space to the fan (Return duct 15); and wherein one or a plurality of the recirculating air units has/have in each case one or a plurality of supply ducts (Supply ducts leading towards 18/18a)of which recirculating air which has been heated by means of the electric heating device is able to be guided from a side of the treatment space on which the electric heating device is disposed to a further side of the treatment space from where it is able to be directed into the treatment space (Entire recirculation path shown in Figure 2).
Regarding claim 10, Walti’s teachings are described above in claim 9 where Walti would further disclose that one or a plurality of the supply ducts fluidically connect a distributor space (Space 21b/23b leading to 18), which is disposed directly downstream of the electric heating device (Evident from Figure 2), to a further distributor space that is disposed on an opposite side of the treatment space (Broadest reasonable interpretation of Figure 2 in a similar light to the figures provided by the Applicant).
Regarding claim 11, Walti’s teachings are described above in claim 1 where Walti would further disclose that the one or the plurality of electric heating devices are the only devices for heating the recirculating airflow (Evident of 27 in Figure 2).
Regarding claim 12, Walti’s teachings are described above in claim 1 where Walti would further disclose that the one or the plurality of recirculating air units (20) are disposed so as to be laterally contiguous to the treatment space (Figure 2). [[and/or are accessible completely at ground level, in particular for assembly and/or maintenance work (limitation not treated)]].
Regarding claim 13, Walti teaches a method of operating a treatment system that discloses supplying one or a plurality of workpieces to a treatment space of a treatment system (Treatment space 1a in Figure 2); heating the one or the plurality of workpiece workpieces by one or a plurality of recirculating airflows (Heater 27), wherein the one or the plurality of recirculating airflows are generated by one or a plurality of recirculating air units (Fans 21a/23a); and heating the one or the plurality of recirculating airflows by one or a plurality of electric heating devices (Heater 27).
Regarding claim 14, Walti’s teachings are described above in claim 13 where Walti would further disclose that the treatment space is supplied with conditioned fresh air (Via 23c in Figure 3) and the fresh air is circulated as a recirculating airflow in one or a plurality of recirculating air units (Evident from the recirculation loop shown in Figure 2), wherein supplying heat in the recirculating air units is performed by electric heating (Heating unit 27).
Regarding claim 15, Walti’s teachings are described above in claim 13 where Walti would further disclose that the one or the plurality of recirculating airflows are discharged from the one or the plurality of fans upward in an at least approximately vertical direction (Evident from Figure 2).
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.
Claims 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over US 6264547 (Walti) in view of US 2018/0216886 (Iglauer hereinafter).
Regarding claim 2, Walti’s teachings are described above in claim 1 but are silent with respect that the treatment space comprises includes a plurality of treatment space portions, wherein each treatment space portion is assigned a separate recirculating air unit.
However, Iglauer teaches a work piece treating environment that discloses a plurality of treatment space portions, wherein each treatment space portion is assigned a separate recirculating air unit (Figure 7 shows the plurality of treating spaces connected to each individual air handling system 196).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to duplicate the treatment space of Walti with the plurality of treatment spaces of Iglauer to increase the amount of work pieces able to be treated.
Regarding claim 7, Walti’s teachings are described above in claim 1 where Walti would further disclose that wherein a rotation axis of an impeller of the radial fan is aligned so as to be at least approximately horizontal and/or at least approximately perpendicular to a conveying direction of the treatment system (Figure 2 shows the fan axis being perpendicular).
Walti is silent with respect that the fan is a radial fan.
However, Iglauer teaches a work piece treating environment that discloses the use of a radial fan (¶ 91).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the fan of Walti with the radial fan of Iglauer via simple substitution to obtain the predictable and well-known result of moving air through the work environment.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 6264547 (Walti) in view of US 2019/0389434 (Moll hereinafter).
Regarding claim 4, Walti’s teachings are described above in claim 1 where Walti further discloses that in terms of a flow direction of the recirculating airflow the electric heating device (27) is disposed upstream of the fan (21a) and upstream of a distributor space (Leading to 18/18a), wherein the distributor space is contiguous to the treatment space (Evident form Figure 2) and serves to distribute the recirculating airflow to a plurality of supply devices (Evident from Figure 2).
Walti is silent with respect that the heater is arranged downstream of the fan.
However, Moll teaches a work piece treatment system that discloses the arrangement of a heater arranged downstream of a fan (¶ 57-59 discloses using a temperature treatment system downstream of a blower and the temperature treatment system can be a heater or cooler).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to rearrange the heater and fan of Walti since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL HOANG can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
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