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 § 103
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 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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 3,614,826 A to Pilao in view of US 2,207,931 A to Morden in further view of US 2002/0085449 A1 to Federov.
Regarding claim 1, Pilao teaches a conical refining filling for a conical refiner for refining fibrous material (Abstract; Fig. 19), the conical refining filling comprising:
a body 19 having a first end of smaller diameter and a second end of larger diameter (Figs. 2, 8, 10, 12 and 19);
portions of the body 19 defining an inner circumference comprising a refining surface provided with refining bars 15 and refining grooves (Figs. 2, 8, 10 and 12; Col. 7, Lns. 6-10; the body includes blades 15 with a groove provided between the bars for refining material), wherein the body has an outer circumference (Figs. 2, 8, 10, 12, and 19 show the body 19 includes an outer circumference);
at least one projecting part 6 at the outer circumference of the body 19, the at least one projecting part 6 projecting away from the outer circumference and extending at least partly over the outer circumference in an at least partly circumferential direction of the refining filling (Figs. 2, 8, 10, 12 and 19; Col. 5, Lns. 38-47).
Pilao fails to explicitly teach at least one open section extending through or past the at least one projecting part.
Morden teaches a conical refiner including a recirculating system in which material treated between the stator and rotor by bars on those components are provided to a space 62 on the outer circumference of the body of the rotor to be provided back to the entrance of the refining chamber (Fig. 1; P. 3, Lns. 25-32).
Further, in the field of treating material with a stator and rotor, Federov teaches openings 6 may be provided in a projecting part of the outer body 4 to allow material being recirculated to pass to a space around the outer circumference of the body (Fig. 1; Para. [0023]).
While Pilao teaches “[t]he flow of material through the refinery gap is repeated as many times as it is necessary to obtain the desired results” (Col. 8, Lns. 25-27), Pilao fails to teach how the material is recirculated. Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the conical refiner of Pilao to have a recirculating system as taught by Morden and for the projecting part on the outer circumference of the body of Pilao to include an opening to facilitate recirculation as taught by Fererov so that the material being refined by the bodies may be passed through the system multiple times to ensure all of the material is treated sufficiently and a desired size and consistency is achieved.
Regarding claim 2, modified Pilao teaches the conical refining filling of claim 1 (Fig. 19) wherein the projecting part 6 is a flange projecting away from the outer circumference of the body 19 and extending over the outer circumference in the at least partly circumferential direction of the refining filling (Figs. 2, 8, 10-12 and 19), wherein the flange 6 comprises a first side surface facing at least partly towards the first end of the refining filling, a second side surface facing at least partly towards the second end of the refining filling (Figs. 2, 8, 10-12 and 19 show the flange includes two sides that each face an end of the refining filling) and wherein there is at least one open section extending through the flange between the first side surface and the second side surface of the flange (Federov, Fig. 1; modified Pilao includes the openings in the projecting part of Federov, and Fig. 1 of Federov shows that the opening extends through the flange between the first and second side surfaces).
Regarding claim 3, modified Pilao teaches the conical refining filling of claim 1 (Fig. 19) wherein the projecting part 6 is a wing projecting away from the outer circumference and having a finite length extending partly over the outer circumference in the at least partly circumferential direction of the refining filling (Figs. 2, 8, 10-12 and 19; the projecting part has a wing like structure and has a finite length in the sense that any circle has a finite length of its circumference, i.e., the length is not infinite), and wherein there are at least two wings 6 and at least two open sections extending past the wings on the outer circumference of the refining filling (Figs. 2, 8, 10-12 and 19; the body includes multiple projecting parts 6 on the outer circumference with open sections between the projecting parts).
Regarding claim 4, modified Pilao teaches the conical refining filling of claim 1 (Fig. 19) wherein the open section extending through the projecting part 6 is a hole extending between a first side surface and a second side surface of the projecting part 6 (Federov, Fig. 1; modified Pilao includes the openings in the projecting part of Federov, and Fig. 1 of Federov shows that the opening extends through the flange between the first and second side surfaces).
Regarding claim 5, modified Pilao teaches the conical refining filling of claim 1 (Fig. 19) wherein the open section is a free space in the projecting part 6 or between neighboring projecting parts (Federov, Fig. 1; modified Pilao includes the openings in the projecting part of Federov, and Fig. 1 of Federov shows that the opening, i.e., a free space, is in the projecting part).
Regarding claim 6, modified Pilao teaches the conical refining filling of claim 4 (Fig. 19) wherein the hole is arranged at a root of the projecting part 6 (Federov, Fig. 1; modified Pilao includes the openings in the projecting part of Federov, and Fig. 1 of Federov shows that the opening is arranged at the root of the projecting part, which is interpreted as the area near where the projecting part is attached to the body).
Regarding claim 7, modified Pilao teaches the conical refining filling of claim 5 (Fig. 19) wherein the free space is arranged at a root of the projecting part 6 (Federov, Fig. 1; modified Pilao includes the openings in the projecting part of Federov, and Fig. 1 of Federov shows that the opening is arranged at the root of the projecting part, which is interpreted as the area near where the projecting part is attached to the body).
Regarding claim 8, modified Pilao teaches the conical refining filling of claim 4 (Fig. 19).
Modified Pilao fails to explicitly teach the hole is circular because Federov does not teach the shape of the opening (Fig. 1; Para. [0022]).
The specification places no criticality on the shape of the opening, e.g., Para. [0046] states that the hole may be circular and “[o]ther cross-sectional shapes of the hole 120 are, however, possible.” As discussed in MPEP 2144.04(IV)(B), a change in the shape of a component is a matter of choice which a person of ordinary skill in the art would find obvious absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Accordingly, as there is no evidence that the shape of the hole is significant, it would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the shape of the hole to be circular as changes in shape is a matter of choice.
Regarding claim 9, modified Pilao teaches the conical refining filling of claim 1 (Fig. 19) wherein the refining filling has a longitudinal direction extending between the first end and the second end of the refining filling (Figs. 2, 8, 10 and 12) and wherein the at least one projecting part is arranged in the longitudinal direction of the refining filling closer to the second end of the refining filling than the first end of the refining filling (Figs. 2, 8, 10 and 12; as shown in the figures, at least one of the projecting parts 6 is closer to the second end than the first end).
Regarding claim 10, modified Pilao teaches the conical refining filling of claim 1 (Fig. 19) wherein the refining filling with the projecting part 6 is a solid one-piece element (Figs. 2, 8, 10 and 12 show that the filling is a one-piece element).
Regarding claim 11, modified Pilao teaches the conical refining filling of claim 1 (Fig. 19) wherein the refining filling 19 is configured to form a stator for the conical refiner (Figs. 2, 8, 10 and 12; Col. 5, Lns. 38-48).
Regarding claim 12, modified Pilao teaches the conical refining filling of claim 1 (Fig. 19) wherein the projecting part 6 is arranged to form a support element used to support the refining filling in the refiner in place in a longitudinal direction of the refining filling (Figs. 2, 8, 10 and 12; it is noted that this limitation is interpreted as the projecting part assists with supporting the filling stay in position in any manner, and projecting parts 6 help create structural elements that support the weight of the entire body 19 as it is stays in position during the refining process).
Regarding claim 13, Pilao teaches a conical refiner for refining fibrous material (Fig. 19; Abstract), the conical refiner comprising:
a main frame, a refiner chamber supported to the main frame (Figs. 19-20 show the refining chamber supported on a structure, i.e., a frame);
a feed end frame supported to the refiner chamber (Figs. 19-20; Col. 8, Lns. 17-24; material is fed into one end of the refiner chamber);
a conical stator 19 surrounded at least partly by the feed end frame (Figs. 2, 8, 10, 12 and 19; Col. 5, Lns. 38-48);
a conical rotor 18 surrounded at least partly by the conical stator 19 such that there is a refining gap between the stator and the rotor (Fig. 19; Col. 5, Lns. 38-48), the refining gap having a first end facing at least partly towards an inlet for fibrous material and a second end extending up to the refiner chamber (Fig. 19; Col. 8, Lns. 17-27);
an outlet for the refined fibrous material communicating with the refiner chamber (Fig. 19; Col. 8, Lns. 17-25; a person of ordinary skill in the art would understand that an outlet is present for the material at the end of the refining gap and chamber where the material may be collected to be recirculated in the refiner);
wherein the stator 19 comprises a conical refining filling having an inner circumference comprising a refining surface provided with refining bars 15 and refining grooves which faces the rotor 18 (Figs. 2, 8, 10 and 12; Col. 7, Lns. 6-10; the body includes blades 15 with a groove provided between the bars for refining material), and having an outer circumference (Figs. 2, 8, 10 and 12), and
wherein at least one projecting part 6 extends from the outer circumference (Figs. 2, 8, 10, 12 and 19; Col. 5, Lns. 38-47), the at least one projecting part projecting away from the outer circumference towards the feed end frame (Figs. 2, 8, 10, 12 and 19; Col. 5, Lns. 38-47).
Pilao fails to explicitly teach a recirculation passageway being defined between the outer circumference of the stator and the feed end frame and at least one opening defined in the at least one projecting part for the recirculation flow therethrough of fibrous material circulated from the refiner chamber back to the refining gap.
Morden teaches a conical refiner including a recirculating system in which material treated between the stator and rotor by bars on those components are provided to a space 62, i.e., a recirculation passageway, on the outer circumference of the body of the rotor to be provided back to the entrance of the refining chamber (Fig. 1; P. 3, Lns. 25-32).
Further, in the field of treating material with a stator and rotor, Federov teaches openings 6 may be provided in a projecting part of the outer body 4 to allow material being recirculated to pass to a space around the outer circumference of the body (Fig. 1; Para. [0023]).
While Pilao teaches “[t]he flow of material through the refinery gap is repeated as many times as it is necessary to obtain the desired results” (Col. 8, Lns. 25-27), Pilao fails to teach how the material is recirculated. Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the conical refiner of Pilao to have a recirculating system as taught by Morden and for the projecting part on the outer circumference of the body of Pilao to include an opening to facilitate recirculation as taught by Fererov so that the material being refined by the bodies may be passed through the system multiple times to ensure all of the material is treated sufficiently and a desired size and consistency is achieved.
Regarding claim 14, modified Pilao teaches the conical refiner of claim 13 (Fig. 19) wherein the at least one projecting part 6 comprises a flange which encircles the stator 19 (Figs. 2, 8, 10-12 and 19) and wherein the at least one opening comprises a plurality of openings in the flange (Federov, Fig. 1; modified Pilao includes the openings in the projecting part of Federov, and Fig. 1 of Federov shows that at least two openings are provided on the projecting part).
Regarding claim 15, modified Pilao teaches the conical refiner of claim 13 (Fig. 19) wherein the at least one projecting part 6 comprises a plurality of wings projecting away from the outer circumference and having a finite length extending partly over the outer circumference of the stator (Figs. 2, 8, 10-12 and 19; the projecting parts are multiple wing like structures and that each have a finite length in the sense that any circle has a finite length of its circumference, i.e., the length is not infinite), and the at least one opening comprises open sections extending past the wings (Figs. 2, 18, 10-12 and 19 show that there are open sections between the projecting parts that form part of the passageway).
Regarding claim 16, modified Pilao teaches the conical refiner of claim 14 (Fig. 19) wherein the plurality of openings extend between a first side surface and a second side surface of the flange 6 (Federov, Fig. 1; modified Pilao includes the openings in the projecting part of Federov, and Fig. 1 of Federov shows that the opening extends through the flange between the first and second side surfaces).
Modified Pilao fails to explicitly teach the openings are circular because Federov does not teach the shape of the opening (Fig. 1; Para. [0022]).
The specification places no criticality on the shape of the opening, e.g., Para. [0046] states that the hole may be circular and “[o]ther cross-sectional shapes of the hole 120 are, however, possible.” As discussed in MPEP 2144.04(IV)(B), a change in the shape of a component is a matter of choice which a person of ordinary skill in the art would find obvious absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Accordingly, as there is no evidence that the shape of the hole is significant, it would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the shape of the hole to be circular as changes in shape is a matter of choice.
Regarding claim 17, modified Pilao teaches the conical claim 14 (Fig. 19) wherein the refining filling has a longitudinal direction extending between a first end facing the inlet and a second end opposite the first end (Fig. 19) and wherein the at least one projecting part is arranged in the longitudinal direction of the refining filling closer to the second end of the refining filling than the first end of the refining filling (Figs. 2, 8, 10 and 12; as shown in the figures, at least one of the projecting parts 6 is closer to the second end than the first end).
Regarding claim 18, Pilao teaches a method for refining fibrous material in a conical refiner (Fig. 18; Col. 8, Lns. 17-27) comprising:
introducing a fibrous material into an inlet in a conical refiner (Fig. 19; Col. 8, Lns. 17-27);
passing the introduced fibrous material to a refining gap between a conical rotor 18 and a conical stator 19 having refining bars 15 and refining gaps thereon thereby refining the fibrous material and discharging it into a refiner chamber (Figs. 2, 8, 10 and 12; Col. 7, Lns. 6-10 and Col. 8, Lns 17-27).
Pilao fails to explicitly teach passing a first portion of the refined fibrous material from the refiner chamber to a recirculation passage defined between the conical stator and a surrounding frame portion, the first portion of the refined fibrous material entering the recirculation passage through at least one opening in a projecting part which extends outwardly from an outer circumference of the conical stator, the projecting part extending to the surrounding frame portion. Pilao teaches the stator includes projecting parts 6 (Figs. 2, 8, 10, 12 and 19; Col. 5, Lns. 38-47) and “[t]he flow of material through the refinery gap is repeated as many times as it is necessary to obtain the desired results” (Col. 8, Lns. 25-27), but Pilao fails to teach how the material is recirculated.
Morden teaches a conical refiner and method of refining material including a recirculating system in which material treated between the stator and rotor by bars on those components are provided to a space 62, i.e., a recirculation passageway, on the outer circumference of the body of the rotor to be provided back to the entrance of the refining chamber (Fig. 1; P. 3, Lns. 25-32).
Further, in the field of treating material with a stator and rotor, Federov teaches openings 6 may be provided in a projecting part of the outer body 4 to allow material being recirculated to pass to a space around the outer circumference of the body (Fig. 1; Para. [0023]).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the refining method of Pilao to have the material pass through a recirculation passage between the stator and frame as taught by Morden and for the recirculating material to pass through an opening in a projecting part on the outer circumference as taught by Fererov so that the material being refined by the bodies may be passed through the system multiple times to ensure all of the material is treated sufficiently and a desired size and consistency is achieved.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2012/0104132 A1 (Figs. 1-6) and US 1,915,862 (Fig. 3) each teach a refining system and method including a recirculating system having a passageway outside of the rotor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW STEPHENS whose telephone number is (571)272-6722. The examiner can normally be reached M-F 930-630.
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/MATTHEW STEPHENS/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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