DETAILED ACTION
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
The following is a quotation of pre-AIA 35 U.S.C. 103(a) 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.
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.
Claims 1 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11326597 to Bendixen.
As to claim 1, Bendixen discloses a pump for pumping a liquid food product (Fig 4, Abs), the pump comprising: a housing (10) having an inlet (3) and an outlet (4) for the product , an impeller (20) arranged to rotate inside the housing around a first axis of the pump , a star wheel (36) arranged to be driven by the impeller to rotate around a second axis of the pump that is offset from the first axis (Fig 3), a base unit (40) arranged to support the star wheel , the base unit being movable in a longitudinal direction parallel to the first axis (Col 5, line 63-Col 6, line 5), from a closed position (Fig 4), to an open position (Col 5, line 63-Col 6, line 5), the base unit comprising an arc-shaped element (40) that extends in between the star wheel and the impeller , such that the product is pumped from the inlet to the outlet when the base unit is in the closed position and the impeller rotates and drives the star wheel (Fig 4), wherein an adjustment device configured to adjustably set a position of the base unit in the longitudinal direction (60).
While Bendixen does not expressly disclose when the base unit is in the closed position , provide in the longitudinal direction a predefined adjusted distance between the impeller and the star wheel and/or between the impeller and the base unit, Bendixen does disclose that the star gear must turn when actuated by the impeller and that the base unit will remain stationary, and as such these components must not be in direct contact with each other, otherwise it would cause undesirable wear on the system and bind the components. Further the system expressly discloses that the ice cream is used as lubricant between these components (Abs) and as such it would be understood that a minimum distance must be maintained to both allow for lubrication and avoid binding of the system. With this understanding of the system it would be understood that Bendixen would necessarily have when the base unit is in the closed position , provide in the longitudinal direction a predefined adjusted distance between the impeller and the star wheel and/or between the impeller and the base unit to prevent binding and allow for lubrication as understood using the teachings of Bendixen.
Claims 2-3,6-9 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11326597 to Bendixen as applied to Claim 1 above and further in view of US Patent 8474339 to Hirai.
As to claim 2, Bendixen discloses the adjustment device comprises a rod (A, Below) connected to the base unit (60) and having an outer part that extends through an opening in the housing (A, below), a stationary element (B, below) that has a fixed position relative the housing.
While Bendixen discloses how the rod is moved in and out it is silent as to how this is achieved, and does not expressly disclose an adjustable element in engagement with the outer part of the rod and arranged to interact with the stationary element for providing the adjusted distance.
Hirai discloses an adjustment rod (4) that is moved a set distance in and out (Fig 1,2), and that has an adjustable element (3) in engagement with the outer part of the rod (Threaded connection) and arranged to interact with the stationary element (2) for providing the adjusted distance.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Bendixen to have the rod adjustment mechanism (1) of Hirai connected to the stationary element (B, below) achieving an adjustable element in engagement with the outer part of the rod and arranged to interact with the stationary element for providing the adjusted distance so as to effectively adjust the rod in and out to a desired degree using the teachings of Hirai so as to effectively meet the needs of pulling the rod in and out for system cleaning using an automated piston system.
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As to claim 3, Bendixen discloses the adjustable element is movable in the longitudinal direction relative to the stationary element and/or relative to the rod for providing the adjusted distance (Hirai: Fig 1,2).
As to claim 6, Bendixen discloses the stationary element is a part of the housing (B, above).
As to claim 7, Bendixen does not expressly disclose the adjustable element is a threaded nut and the outer part of the rod is provided with threads for engagement with the nut, but in fact discloses the reverse (Hirai: Fig 1,2).
Bendixen discloses substantially all the limitations of the claim(s) except for the adjustable element is a threaded nut and the outer part of the rod is provided with threads for engagement with the nut. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the adjustable element is a threaded nut and the outer part of the rod is provided with threads for engagement with the nut, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. In this system the “bolt” (3) of Hirai would be exchanged with the “nut” (4) of Hirai, as a mere reversal of parts with predictable results, yielding the motor (23) of Hirai spinning the nut shaft (presently 4) to move the threaded shaft (presently 3) in and out as desired in a predictable manner.
As to claim 8, Bendixen discloses how the adjustment device discloses a nut locking element for fixing the nut on the outer part of the rod (threaded attachment Hirai Fig 2).
As to claim 9, Bendixen discloses the adjustment device comprises a motor (Hirai: 23) arranged to set and fix the adjustable element in relation to at least one of the stationary element and the rod.
Claims 1 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 10876528 to Bendixen_2 in view of US Patent 5489187 to Ray.
As to claim 1, Bendixen_2 discloses a pump for pumping a liquid food product (Fig 1, Abs), the pump comprising: a housing (10) having an inlet (12) and an outlet (15) for the product , an impeller (13) arranged to rotate inside the housing around a first axis of the pump , a star wheel (14) arranged to be driven by the impeller to rotate around a second axis of the pump that is offset from the first axis (Fig 6), a base unit (16) arranged to support the star wheel , the base unit being movable in a longitudinal direction parallel to the first axis (Abs), from a closed position (Fig 1), to an open position (Abs), the base unit comprising an arc-shaped element (16, Fig 6) that extends in between the star wheel and the impeller , such that the product is pumped from the inlet to the outlet when the base unit is in the closed position and the impeller rotates and drives the star wheel (Fig 1), wherein an adjustment device configured to adjustably set a position of the base unit in the longitudinal direction (Abs).
While Bendixen_2 does not expressly disclose when the base unit is in the closed position , provide in the longitudinal direction a predefined adjusted distance between the impeller and the star wheel and/or between the impeller and the base unit, Bendixen does disclose that the star gear must turn when actuated by the impeller and that the base unit will remain stationary, and as such these components must not be in direct contact with each other, otherwise it would cause undesirable wear on the system and bind the components. Further the system expressly discloses that the ice cream is used as lubricant between these components (Abs) and as such it would be understood that a minimum distance must be maintained to both allow for lubrication and avoid binding of the system. With this understanding of the system it would be understood that Bendixen_2 would necessarily have when the base unit is in the closed position , provide in the longitudinal direction a predefined adjusted distance between the impeller and the star wheel and/or between the impeller and the base unit to prevent binding and allow for lubrication as understood using the teachings of Bendixen_2.
Claims 12 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 10876528 to Bendixen_2 as applied to Claim 1 above in view of US Patent 5489187 to Ray.
As to claim 12, Bendixen_2 discloses the housing comprises a first end section (C1, below) in which a shaft for the impeller is arranged, a mid-section in which the impeller is arranged (C2), and a second end section (C3, Below) in which at least one piston (171) for moving the base unit (16) is arranged.
While Bendixen_2 shows these three housing features connected it does not disclose how they are held together, and does not expressly disclose wherein the first end section of the housing has elongated through holes that extend in the longitudinal direction for receiving first bolts that connect the first end section to the mid-section , and the second end section of the housing has elongated through holes that extend in the longitudinal direction for receiving second bolts that connect the second end section to the mid-section.
Ray discloses a similar three casing structure (Fig 1) where the first end section of the housing (B1, Below) has elongated through holes that extend in the longitudinal direction for receiving first bolts that connect the first end section to the mid-section (B2, Below), and the second end section (B3, Below) of the housing has elongated through holes that extend in the longitudinal direction for receiving second bolts that connect the second end section to the mid-section (B2, Fig 1).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Bendixen_2 to include wherein the first end section of the housing has elongated through holes that extend in the longitudinal direction for receiving first bolts that connect the first end section to the mid-section , and the second end section of the housing has elongated through holes that extend in the longitudinal direction for receiving second bolts that connect the second end section to the mid-section using the teachings of Ray so as to effectively secure the three features together while allowing for easy assembly and disassembly as needed.
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Allowable Subject Matter
Claim 4-5,10-11,13-15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE SAMUEL BOGUE whose telephone number is (571)270-1406. The examiner can normally be reached on M-F 8:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on 571-270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSE S BOGUE/Primary Examiner, Art Unit 3746