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 § 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 6 and 7 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 Claim 6, it is a “use” claim, but neither suggests or describes any steps of use. It is therefore indefinite. See MPEP 2173.05(q). In addition, it is unclear whether the claim is an independent claim or a dependent claim. If it is a dependent claim, it should have the same preamble as the claim from which it depends. If it is an independent claim, it should not refer to any other claim.
Regarding Claim 7, it is unclear whether the claim is an independent claim or a dependent claim. If it is a dependent claim, it should have the same preamble as the claim from which it depends. If it is an independent claim, it should not refer to any other claim, rather it should include all the limitations of “the receiver device”.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over US 20160334264 A1 (hereinafter Tschritter) in view of US 4061401 A (hereinafter Brown) .
Regarding claim 1, Tschritter discloses a receiver device comprising: a housing (Fig. 5, No. 1); an outlet (claim 1); at least one inlet configured to be coupled to the at least one pipeline of at least one pneumatic conveyance system and to receive particles of materials transported by the at least one pneumatic conveyance system (Fig. 5, No. 4); and at least one barrier arranged inside the housing, configured to reduce the velocity from the at least one inlet to the outlet (Fig. 5, No. 31). Tschritter does not disclose that the barrier is flexible, but Brown discloses a flexible pneumatic barrier (Fig. 1, Nos. 20 & 20a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the receiver device of Tschritter with the flexible barriers of Brown. The motivation would be to provide the decelerator with a barrier that would not damage the particles being conveyed.
Regarding claim 2, Tschritter and Brown disclose the receiver device of claim 1. Tschritter discloses a receiver device further comprising at least one cartridge comprising the at least one flexible barrier [0089].
Regarding claim 3, Tschritter and Brown disclose the receiver device of claim 2. Tschritter further discloses that the housing comprises at least one opening for the insertion or removal of the alt least one cartridge (Fig. 8, No. 30).
Regarding claim 4, flaps made of fabric, plastic, or rubber are well known and routine materials from which to make flaps. They provide cushioning to slow materials down more gently than metal or other hard materials would, and close more quietly than hard materials. A person of ordinary skill in the art at the time of the filing of the application would have been motivated to form the flap form fabric, plastic, or rubber yielding predictable results. The substitution of hard materials for fabric, plastic, or rubber involves routine, conventional design and fabrication steps and would have been made with reasonable expectation of success.
Regarding claim 5, Tschritter and Brown disclose the receiver device of claim 1. Tschritter further discloses that the outlet corresponds to the lower part of the receiver device, the lower part being at least partially open (abstract); or the outlet corresponds to a wall opposite the at least one inlet, the opposite wall being alt least partially open.
Regarding claim 6, Tschritter and Brown disclose the receiver device of claim 1. Tschritter further discloses a use of the receiver device of claim 1 for the damping of the velocity of particles of material transported in a pneumatic conveyance system (claim 14).
Regarding claim 7, Tschritter and Brown disclose the receiver device of claim 1. Tschritter further discloses a tank for use in a pneumatic conveyance system, comprising the receiver device of claim 1 (Fig. 8, No. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMARI JADAN MEDDLING whose telephone number is (571)272-8178. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 5712726911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMARI J MEDDLING/ Examiner, Art Unit 3651
/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651
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