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 Interpretation
Examiner wishes to point out to Applicant that the claims are directed to an apparatus/a system and therefore are only limited by positively recited elements. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, it is well settled that the intended uses of and the particular material used in an apparatus have no significance in determining patentability of apparatus claims. A recitation with respect to manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims. See MPEP 2114 (II) and 2115 for further details.
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 11-20 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 11 recites the limitation “the aid” in line 9. There is insufficient antecedent basis for this limitation in the claim.
The dependent claims necessarily inherit the indefiniteness of the claims on which they depend.
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 11-14 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ayres (FR 2126969 A1; page and paragraph numbers correspond to attached English machine translation), as evidenced by Chen (CN 204402872 U; paragraph numbers correspond to attached English machine translation).
Regarding claim 11, Ayres discloses an apparatus (Fig. 8; Pg. 1, 2nd ¶) for producing articles from a liquid or pasty raw material (Pg. 2, 3rd ¶; liquid or semi-solid material such as a paste), comprising:
a raw material supply line (Fig. 8; hopper 110),
an outlet (Marked Fig. 8; outlet), through which the liquid or pasty raw material can be dispensed in order to fill an article container (Pg. 2, 3rd ¶; containers),
and a metering device (Marked Fig. 8; metering device) that has a housing (Marked Fig. 8; housing) with an inflow (Marked Fig. 8; inflow) and outflow (Marked Fig. 8; outflow), wherein the inflow is fluidically connected to the raw material supply line (Marked Fig. 8) and the outflow is fluidically connected to the outlet (Marked Fig. 8), and wherein the liquid or pasty raw material can be dispensed through the outlet in a metered manner with aid of the metering device (Fig. 8; Pg. 2, last ¶; pump distributes the liquid or semi-solid material in a controlled manner),
wherein at least two mutually intermeshing gearwheels (Fig. 8-9; Pg. 8, last ¶; pinions 111 and 112) are accommodated within the housing of the metering device.
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The apparatus of Ayres is capable of producing articles from a liquid or pasty raw material and therefore would be capable of forming candles from liquid or paste candle raw material. As evidenced by specification [0012, 0023] of Chen, an external gear pump is capable of metering wax material.
Regarding claim 12, Ayres discloses the apparatus for producing candles according to claim 11, wherein at least one gearwheel can be driven by means of a drive shaft (Fig. 1; Pg. 4, 5th ¶; input control shaft 33).
Regarding claim 13, Ayres discloses the apparatus for producing candles according to claim 11, wherein both gearwheels have a spur gearing (Fig. 9; Pg. 9, 4th ¶; teeth 122).
Regarding claim 14, Ayres discloses the apparatus for producing candles according to claim 11, wherein the metering device is an external gear pump (Marked Fig. 8; metering device is an external gear pump).
Regarding claim 16, Ayres discloses the apparatus for producing candles according to claim 11, wherein the housing of the metering device and the outlet are realized in one piece (Marked Fig. 8).
Regarding claim 17, Ayres discloses the apparatus for producing candles according to claim 11, wherein the outlet corresponds to the outflow of the metering device (Marked Fig. 8).
Regarding claim 18, Ayres discloses the apparatus for producing candles according to claim 11, wherein an outlet opening of the outlet is arranged in a horizontal plane (Marked Fig. 8).
Regarding claim 19, Ayres discloses the apparatus for producing candles according to claim 11, wherein the outlet has no valve (Marked Fig. 8; outlet does not have a valve).
Regarding claim 20, Ayres discloses the apparatus for producing candles according to claim 11, wherein the raw material supply line is physically connected directly to the inflow of the metering device without an intermediate tank (Marked Fig. 8; no intermediate tank).
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.
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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ayres (FR 2126969 A1; paragraph numbers correspond to attached English machine translation) as applied to claim 1, in view of Hill (US 20110311386 A1).
Regarding claim 15, Ayres discloses the apparatus for producing candles according to claim 11.
Ayres does not explicitly disclose the gearwheels of the metering device can be heated.
However, Hill teaches gearwheels (Fig. 3; [0068]; first pumping gear 122 and second pumping gear 124) of a metering device ([0029]) can be heated (Fig. 3, 16; [0107]; a continuous internal heat channel 252, symmetrically arranged to surround the gear-journal bores 142, heats the gears).
Ayres and Hill are both considered to be analogous to the claimed invention because they are in the field of external gear pump metering devices. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Ayres with the teachings of Hill to provide the gearwheels of the metering device can be heated. Use of known technique to improve similar devices (methods, or products) in the same way supports a prima facie obviousness determination. See MPEP 2143 I(C). Doing so would ensure that the gear pump meter maintains a safe level of pressure without overloading the motor (Hill [0110]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vipul Malik whose telephone number is (571)272-0976. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.M./Examiner, Art Unit 1754
/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754
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