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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature of claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Where is the circuit opening to interact with the surrounding atmosphere?
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-12 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 “at least one lubrication point” in line 6, it is unclear if this is the same lubrication point as that in line 1.
Claim 10 recites a ventilation device that is sealed. How is the device able to vent when it is sealed off?
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.
Claim(s) 1-3, 6, 7, and 10-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernal (US 5,806,630) in view of Dauner et al. (EP 3916285 A1). Bernal discloses a system (fig. 1) for supplying at least one lubrication point of a machine (13) with a lubricating oil, the system comprising:
Re claim 1, a lubricating oil reservoir (5); at least one delivery pump (10; par 5 ln 66 - col 6 ln 5); at least one lubrication point (13); a plurality of lines (lines shown in fig. 1), the lubricating oil reservoir, the at least one delivery pump, the heat exchanger, and the at least one lubrication point being hydraulically connected with one another via the plurality of lines such that the lubricating oil reservoir, the at least one delivery pump, the heat exchanger, the at least one lubrication point, and the plurality of lines form a lubricating oil circuit (fig. 1 shows a closed circuit), the plurality of lines including a lubricating oil supply line (supply line extending from 10 to A to 13 to B) and a lubricating oil return line (return line extending from B to 4 to 5), the at least one lubrication point being hydraulically connected to the lubricating oil reservoir via the lubricating oil supply line and the lubricating oil return line (fig. 1), the lubricating oil circuit being configured such that the lubricating oil flows through the lubricating oil circuit in one flow direction (flow direction indicated by arrows), the lubricating oil return line including an inlet point (4) which is configured for a protective medium, which is air (air from “air line”), being introduced into the lubricating oil return line (fig. 1).
Re claim 2, further including a protective medium line (fig. 1: line extending from 2 to 4), wherein the inlet point is connected to the protective medium line, and at least one of the inlet point and the protective medium line includes a protective medium control valve (3).
Re claim 3, wherein the lubricating oil circuit includes at least one of (a) at least one heating device configured for heating the lubricating oil and (b) at least one cleaning device (6) configured for cleaning the lubricating oil.
Re claim 6, wherein the lubricating oil circuit is open to a surrounding atmosphere (at 11).
Re claim 7, the lubricating oil return line from the at least one lubrication point to the lubricating oil reservoir is a part of the lubricating oil circuit that is partially open to a surrounding atmosphere (at 11).
Re claim 10, wherein the lubricating oil return line includes at least one ventilation device (11), which is sealed (11 is sealed to 6).
Re claim 13, a method for operating a system (fig. 1) for supplying at least one lubrication point of a machine (13) with a lubricating oil, the method comprising the steps of: providing that the system includes: a lubricating oil reservoir (5); at least one delivery pump (10; par 5 ln 66 - col 6 ln 5); at least one lubrication point (13); a plurality of lines (lines shown in fig. 1), the lubricating oil reservoir, the at least one delivery pump, the heat exchanger, and the at least one lubrication point being hydraulically connected with one another via the plurality of lines such that the lubricating oil reservoir, the at least one delivery pump, the heat exchanger, the at least one lubrication point, and the plurality of lines form a lubricating oil circuit (fig. 1 shows a closed circuit), the plurality of lines including a lubricating oil return line (return line extending from B to 4 to 5), the at least one lubrication point being hydraulically connected to the lubricating oil reservoir (fig. 1), the lubricating oil circuit being configured such that the lubricating oil flows through the lubricating oil circuit in one flow direction, the lubricating oil return line including an inlet point (4) which is configured for a protective medium, which is air (air from “air line”), being introduced into the lubricating oil return line; and introducing, and regulating, the protective medium at an operating pressure vis-à-vis at least one of an atmospheric pressure and a volume flow (par 5 ln 66 - col 6 ln 21).
Re claim 16, wherein the protective medium is introduced and regulated at least one of with the operating pressure (pressure regulated by 3) and with the volume flow.
Re claim 17, wherein the protective medium is introduced and regulated at least one of with the operating pressure (pressure regulated by 3) and with the volume flow after reaching a lubricating oil temperature of 50° C. to 65° C.
Bernal does not disclose:
Re claim 1, a heat exchanger.
Re claims 11, 18, wherein the machine is configured for producing, processing, and converting a web of fibrous material.
Re claim 12, wherein the heat exchanger is configured for being operated with a cooling water in order to cool the lubricating oil which is circulating.
Re claim 13, a heat exchanger configured for cooling the lubricating oil which is circulating.
Re claim 14, wherein the protective medium is introduced and regulated at the operating pressure of 0.01 bar to 0.1 bar above the atmospheric pressure.
Re claim 15, wherein the protective medium is introduced and regulated at the operating pressure of 0.02 bar to 0.05 bar above the atmospheric pressure.
Re claim 16, wherein the protective medium is introduced and regulated after reaching a lubricating oil temperature of 40° C. to 80° C.
Re claim 17, wherein the protective medium is introduced and regulated after reaching a lubricating oil temperature of 50° C. to 65° C.
However, Dauner teaches a lubricant supply assembly (fig. 1) comprising:
Re claim 1, a heat exchanger (6,7).
Re claims 11, 18, wherein the machine is configured for producing, processing, and converting a web of fibrous material (abstract).
Re claim 12, wherein the heat exchanger is configured for being operated with a cooling water in order to cool the lubricating oil which is circulating (abstract).
Re claim 13, a heat exchanger (6) configured for cooling the lubricating oil which is circulating.
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ a heat exchanger, as taught by Dauner, to achieve optimal viscosity to lubricant the components and for improved pumping.
Regarding claims 14 and 15, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the claimed pressure range to ensure no debris is sucked into the system, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claims 16 and 17, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the claimed temperature range to ensure the proper viscosity is achieved to that it could be moved through the circuit, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernal (US 5,806,630) in view of Dauner et al. (EP 3916285 A1) and Constantino (US 3,090365). Bernal as modified discloses the system (as cited above). Bernal as modified does not disclose:
Re claim 9, wherein the lubricating oil return line includes a check valve which is structured and arranged such that the protective medium is prevented from escaping while simultaneously supporting the lubricating oil return.
However, Constantino teaches a lubricant assembly (fig. 1):
Re claim 9, wherein the lubricating oil return line (12) includes a check valve (24) which is structured and arranged such that the protective medium (disclosed by Bernal) is prevented from escaping while simultaneously supporting the lubricating oil return (24 would prevent backflow of both lubricant and air).
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ a check valve in the return line, as taught by Constantino, to prevent fluid from flowing back in the wrong direction.
Allowable Subject Matter
Claims 4, 5, and 8 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.
Conclusion
The cited prior art(s) made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Minh Truong/Primary Examiner, Art Unit 3654