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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 2/10/2025 comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Acknowledgement is made of the preliminary amendment(s) filed 12/9/2024.
Claim Interpretation
5. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Regarding claim 34 with emphasis on the generic placeholder, “unit”, the recitation “…dirt detection unit for detecting dirt in the radiation detector..” is being interpreted as invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Regarding claim 35 with emphasis on the generic placeholder, “device”, the recitation “…a cleaning device for cleaning the radiation detector and/or the radiation source…” is being interpreted as invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Regarding claim 37 with emphasis on the generic placeholder, “device”, the recitation “…grinding device for grinding bulk material to be ground,…” is being interpreted as invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Regarding claim 38 with emphasis on the generic placeholder, “unit”, the recitation “…a sieving unit arranged at the bulk material outlet for sieving the ground bulk material.” is being interpreted as invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
6. 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 22, 32, 37 and 40 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.
Regarding claims 22, 37 & 40 the recitation “…measurement sample can be continuously fed to the particle measuring device…”, is ambiguous and overly broad. With emphasis on the phrase “can be”, this is an indefinite and / or relative phrase and raises the question as to whether the claimed measurement sample is continuously fed to the particle measuring device or not?
Suggested limitation:
“…measurement sample that is continuously fed to the particle measuring device…”
“…measurement sample configured to be continuously fed to the particle measuring device…”
“…measurement sample adapted to be continuously fed to the particle measuring device…”
Regarding claims 22, 37 & 40 the recitation “…the bypass conduit channel can leave the particle measuring device in the direction…”, is ambiguous and overly broad. With emphasis on the term “can”, this is an indefinite and /
or relative phrase and raises the question as to whether the claimed bypass conduit channel leaves the particle measuring device in the direction of the bypass conduit or not?
Suggested limitation:
“…bypass conduit channel leaves the particle measuring device in the direction…”.
“…bypass conduit channel is adapted to leave the particle measuring device in the direction…”.
“…bypass conduit channel is configured to leave the particle measuring device in the direction…”.
Regarding claim 32 the recitation “…collected measurement sample can be continuously supplied to the measuring chamber…”, is ambiguous and overly broad. With emphasis on the phrase “can be”, this is an indefinite and / or relative phrase and raises the question as to whether the claimed collected measurement sample is continuously supplied to the measuring chamber or not?
Suggested limitation:
“…collected measurement sample is continuously supplied to the measuring chamber …”.
“…collected measurement sample is adapted to be continuously supplied to the measuring chamber …”.
“…collected measurement sample is configured to be continuously supplied to the measuring chamber …”.
Claims 23-31, 33-36, 38-39 & 41-42 are rejected based on their dependency of rejected claims 22, 37 and / or 40.
Allowable Subject Matter
7. Claims 22, 37 and 40 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
GEISSBUEHLER et al. (WO 2006116882 A1) discloses a system and a method which makes it possible to characterize a particle stream, in particular the ground material emerging from a grinding passage, in a roll mill. A removal means for removing a sample from the particle stream; a performance section for conveying and presenting the sampled sample; a detecting means for detecting the sample conveyed through the presentation section; and an analyzing means for analyzing the detected sample. (Description)
Sinclair et al (US 9038488 B2) discloses devices for inline sampling of bulk material, such as a powder, are provided. The material's bulk density can be determined from samples drawn using methods and devices described herein. One embodiment of a method of sampling a material allows the material to flow through a sampling compartment, closes off the flow of material below the sampling compartment, builds up a column of material through the sampling compartment, shifts the sampling compartment to remove a slice of material in the column, and places the slice of material into a sample container. A device for sampling a material is provided in another embodiment. The device includes an inlet, an outlet aligned with the inlet, and a sample collector. The sample collector can include at least one through hole and be configured to move such that the at least one through hole can be moved into and out of alignment with the inlet and the outlet. (Abstract)
The cited pertinent art of record does not anticipate nor render obvious a measurement sample inlet, through which a continuously collected measurement sample is continuously fed to a particle measuring device, and including a measurement sample outlet arranged downstream of the particle measuring device and fluidically connected to the particle measuring device, through which the continuously collected measurement sample detected by the particle measuring device in a bypass conduit channel that leaves the particle measuring device in the direction of a bypass conduit outlet opening; wherein the measurement sampling unit has an adjustable sampling inlet, an inlet opening size of which is adjustable between a first inlet opening size and a second inlet opening size different from the first inlet opening size, the second inlet opening size being larger than the first inlet opening size.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 12625039 B2 Apparatus and method for continuous monitoring and detection of microplastics in water
BR 102024019632 A2 INLINE PARTICLE SIZE ANALYSIS DEVICE, MILL, PROCESS FOR CONTROLLING A MILL, COMPUTER PROGRAM PRODUCT AND STORAGE MEDIUM
US 8397592 B2 Systems and methods for inline sampling
US 8978491 B2 Systems and methods for inline sampling
US 9038488 B2 Systems and methods for inline sampling
US 6744507 B2 Dry particle distribution measuring apparatus and method
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855
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