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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2 Oct 2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1, 19, and 20 are objected to because of the following informalities:
In Claim 1, line 3 “the first end plate in extending in a direction” should likely read “the first end plate and extending in a direction”.
In Claim 19, line 4 “having hardness” should likely read “having a hardness”.
In Claim 20, line 3 “with first inlet port” should likely read “with a first inlet port”.
In Claim 20, line 3 “and second lateral face” should likely read “and a second lateral face”.
In Claim 20, line 7 “second recess” should likely read “a second recess” or similar.
In Claim 20, line 14 “a purge fluid fitting one of the first end plate” should likely read “a purge fluid fitting in one of the first end plate”.
Appropriate correction is 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 1-23 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 1 recites the limitation “a second end plate with a second end plate recess slidably received on the threaded member” in line 5. This limitation is unclear because in at least Figure 5 the second end plate is slidably received on the threaded member and not the second end plate recess. Therefore, for purposes of examination the limitation will be read as “a second end plate with a second end plate recess, the second end plate slidably received on the threaded member”.
Claim 1 recites the limitation “a compression member arranged on a side of the second end plate opposite the first end plate and threadedly seated on a male threaded segment of the threaded member to reverse flow a purge fluid through a mixing block” in line 7. It is unclear how threadedly seating the compression member reverse flow a fluid, since at least in Figure 5 the compression member merely attaches the first and second end plates together and does not initiate or activate any fluid flow. Therefore, this limitation is unclear.
Claim 4 recites the limitation “wherein the first seal member fluidly couples the first end plate to the second seal member” in line 4. This limitation is unclear because it is unclear how the first seal member and first end plate are coupled to the second seal member, since at least in Figure 5, the second seal member is coupled to the second end plate and the mixing block and not the first end plate. Therefore, this limitation is unclear.
Claim 4 recites the limitation “wherein the second seal member fluidly couples the second end plate to the first seal member” in line 4. This limitation is unclear because it is unclear how the second seal member and second end plate are coupled to the first seal member, since at least in Figure 5, the first seal member is coupled to the first end plate and the mixing block and not the second end plate. Therefore, this limitation is unclear.
Claim 7 recites the limitation “a purge fluid fitting seated in the first end plate and fluidly coupled by the first end plate to the second end plate recess”. This limitation is unclear because it is unclear how the purge fluid fitting is coupled to the second end plate recess if it is couped to the first end plate. Therefore, this limitation is unclear.
Claim 11 recites the limitation “a purge fluid fitting seated in the second end plate and fluidly coupled by the second end plate to the first end plate recess”. This limitation is unclear because it is unclear how the purge fluid fitting is coupled to the first end plate recess if it is couped to the second end plate. Therefore, this limitation is unclear.
Claim 12 recites the limitation "the first purge fluid" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitations "the first recess" in line 5 and “the second recess” in line 7. There is insufficient antecedent basis for these limitations in the claim.
Claim 15 recites the limitation "the first recess" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the second recess" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the second end plate recess" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the first recess" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the plug member" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the second end plate recess" in line 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the second inlet" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the plug member" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the second inlet" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation “a chamber arrangement” in line 10. This limitation is unclear because it is unclear if this is the same chamber arrangement from Claim 6 or a different chamber arrangement. For purposes of examination, they will be interpreted as being the same.
Claims not specifically referenced are rejected as being dependent on a rejected base claim.
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.
(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.
Claim(s) 1, 7-9 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patterson et al (US 4430251).
Regarding Claim 1, Patterson et al disclose a fixture (Figure 4). The fixture comprising:
a first end plate (436) with a first end plate recess (thorough which inlet pipe 402 extends);
a threaded member (434 and 440) fixed in the first end plate in extending in a direction opposite the first end plate recess (Figure 4 toward the second end plate 438);
a second end plate (438) with a second end plate recess (through which outlet pipe 408 extends) slidably received on the threaded member (Figure 4; where the second end plate is received on the threaded member), the second end plate recess facing the first end plate recess (Figure 4); and
a compression member (nut 446) arranged on a side of the second end plate opposite the first end plate (Figure 4 at the top in the orientation of Figure 4) and threadedly seated on a male threaded segment of the threaded member (Figure 4) to reverse flow a purge fluid1 through a mixing block compressively fixed between the first end plate and the second end plate (Col 7, lines 12-14).
Regarding Claim 7, Patterson et al disclose a purge fluid2 fitting (402) seated in the first end plate (Figure 4) and fluidly coupled by the first end plate to the second end plate recess (via the mixer); and a first purge fluid3 source including a first purge fluid coupled to the purge fluid fitting and fluidly coupled therethrough to the second end plate recess (Col 7, lines 12-14).
Regarding Claim 8, Patterson et al disclose where the first purge fluid4 is a gaseous purge fluid5.
Regarding Claim 9, Patterson et al disclose where the first purge fluid6 includes oil-free air or clean dry air7.
Regarding Claim 11, Patterson et al disclose a purge fluid8 fitting (408) seated in the second end plate and fluidly coupled by the second end plate to the first end plate recess (Figure 4 via the mixer); and a second purge fluid9 source including a second purge fluid10 coupled to the purge fluid fitting and fluidly coupled therethrough to the first end plate recess (Col 7, lines 12-14).
Regarding Claim 12, Patterson et al disclose where the first purge fluid11 is a liquid purge fluid12.
Regarding Claim 13, Patterson et al disclose the second purge fluid13 includes ultra-pure water or deionized water14.
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(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Patterson et al (US 4430251).
Regarding Claim 2, Patterson et al disclose all essential elements of the current invention as discussed above but fails to expressly disclose where the first end plate is formed from a polymeric material, wherein the second end plate is formed from the polymeric material.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the first and second end plates of Patterson et al to be made from a polymeric material since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide a commonly used material that is inexpensive and durable.
Regarding Claim 3, Patterson et al disclose all essential elements of the current invention as discussed above but fails to expressly disclose where the threaded member is formed from a polymeric material, and wherein the compression member is formed from a metallic material.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify Patterson et al such that the threaded member is formed from a polymeric material, and wherein the compression member is formed from a metallic material since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide a commonly used material that is inexpensive and durable.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Patterson et al (US 4430251) in view of Kubo et al (US 6379035).
Regarding Claim 4, Patterson et al discloses all essential elements of the current invention as discussed above but fails to expressly disclose a first seal member arranged in the first end plate recess; a second seal member arranged in the second end plate recess; wherein the first seal member fluidly couples the first end plate to the second seal member; and wherein the second seal member fluidly couples the second end plate to the first seal member.
Kubo et al teach a fixture (Figure 1) with a first end plate (the right plate attached to pipe 7 in the orientation of Figure 1) and a second end plate (the left plate attached to pipe 7 in the orientation of Figure 1), with a first seal member (6) arranged in the first end plate recess (the groove in which the seal member 6 is inserted); a second seal member (6) arranged in the second end plate recess (the groove in which the seal member 6 is inserted); wherein the first seal member fluidly couples the first end plate to the second seal member (via the mixer plates); and wherein the second seal member fluidly couples the second end plate to the first seal member (via the mixer plates).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fixture of Patterson et al with the seal members as taught by Kubo et al for the advantage of combining prior art elements according to known methods (a seal member in a mixing fixture) to yield predictable results (to seal the end plates within the fixture against fluid leakage).
Regarding Claim 5, Kubo et al teach where the first seal member is loose fit in the first end plate recess defined by the first end plate (Figure 1; where o-ring is restrained but not adhered to the plate and is therefore loose fit), and wherein the second seal member is loose fit in the second end plate recess of the second end plate (Figure 1; where o-ring is restrained but not adhered to the plate and is therefore loose fit).
Regarding Claim 6, Kubo et al teach where the first seal member (6) is captive within a first end plate recess surface of the first end plate (Figure 1), and wherein the second seal member (6) is captive in a second end plate recess surface of the second end plate (Figure 1).
Allowable Subject Matter
Claims 10 and 14-19 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.
Claims 20-23 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE GARDNER whose telephone number is (571)270-0144. The examiner can normally be reached Monday - Friday 8AM-4PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, KENNETH RINEHART (571-272-4881) or CRAIG SCHNEIDER (571-272-3607) can be reached by telephone. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE GARDNER/
Examiner, Art Unit 3753
1 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
2 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
3 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
4 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
5 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
6 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
7 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
8 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
9 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
10 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
11 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
12 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
13 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
14 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
Prosecution Insights