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 § 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 3 and 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.
The term “approximately” in claims 3 and 12 is a relative term which renders the claims indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 1, 6-11, 13, 15-16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goodwin et al. (WO 2022133599).
Regarding claim 1, Goodwin et al. (WO 2022133599) teaches an apparatus for selecting target particles from a feedstream (Paragraph 0002 lines 1-3), comprising:
at least one detection channel (Figs. 7A, 7C see channels in #82), each detection channel defining a respective flow path for a portion of the feedstream (Fig. 7C see each channel defining flow path of ‘F’) and comprising at least one sensor (Fig. 7C #30a-30d) capable of detecting the target particles (Paragraph 0113 lines 1-7);
a vibration mechanism (Fig. 15 #58) that vibrates the at least one detection channel (Paragraph 0144 lines 9-10);
a body (Paragraph 0195 lines 5-7, “vibration supports”) interconnecting the at least one detection channel and the vibration mechanism (Paragraph 0195 lines 5-7), the body providing vibrational homogeneity across the at least one detection channel (Paragraph 0183 lines 8-10); and
a flow direction mechanism (Fig. 7A #40) that directs the flow of the portion of the feedstream as it exits the at least one detection channel (Fig. 7A see #40 directing flow of portion of ‘F’ as it exits channels in #82, Paragraph 0113 lines 3-17).
Regarding claim 6, Goodwin et al. (WO 2022133599) teaches the apparatus of claim 1, wherein the at least one sensor (Fig. 7C #30a-30d) comprises a first electrode and a second electrode spaced by a gap therebetween (Paragraph 0132 lines 1-3), wherein the presence of the target particles is detected when one or more of the target particles straddles the gap (Paragraph 0120 lines 2-6).
Regarding claim 7, Goodwin et al. (WO 2022133599) teaches the apparatus of claim 6, wherein the at least one sensor further comprises an insulating spacer disposed in the gap between the first electrode and the second electrode (Fig. 7D see insulating spacer between electrodes of #30a-30d).
Regarding claim 8, Goodwin et al. (WO 2022133599) teaches the apparatus of claim 6, wherein the at least one detection channel is a V-shaped trough (Fig. 7C see v-shaped trough of each channel in #82), and wherein the gap between the first electrode and the second electrode is positioned at an apex of the V-shaped trough (Fig. 7D see gap between first and second electrode of #30a-30d positioned at apex of v-shaped trough).
Regarding claim 9, Goodwin et al. (WO 2022133599) teaches the apparatus of claim 1, wherein the at least one detection channel comprises a first detection zone in-line with a second detection zone (Fig. 15 #12a in line with #12b), each of the first and second detection zones comprising a respective sensor of the at least one sensor (Fig. 15 see #30 of #12a, 12b).
Regarding claim 10, Goodwin et al. (WO 2022133599) teaches the apparatus of claim 9, wherein the at least one detection channel comprises two or more adjacent detection channels parallel to one another (Figs. 7A, 7C see adjacent channels in #82 parallel to one another), wherein each of the two or more adjacent detection channels comprises a respective first detection zone and second detection zone (Fig. 15 see first detection zone #14a, second detection zone #14b).
Regarding claim 11, Goodwin et al. (WO 2022133599) teaches the apparatus of claim 1, wherein the flow direction mechanism (Fig. 7A #40) comprises at least one actuator (Paragraph 0113 lines 8-12) and at least one flow director (Paragraph 0113 lines 3-6), wherein each actuator actuates a respective flow director (Paragraph 0109 lines 10-13 “pusher or paddle”) between a first position and a second position (Paragraph 0109 lines 3-13) to direct the flow of the portion of the feedstream (Paragraph 0109 lines 3-13).
Regarding claim 13, Goodwin et al. (WO 2022133599) teaches the apparatus of claim 11, wherein the at least one actuator comprises a first actuator and a second actuator (Fig. 7A first and second actuator connected to first and second #40) and the at least one flow director comprises a first flow director and a second flow director (Fig. 7A see first #40 and second #40), and wherein the first flow director is positioned adjacent to a first detection channel of the at least one detection channel (Fig. 7A first #40 positioned adjacent first channel in #82) and the second flow director is positioned adjacent to a second detection channel of the at least one detection channel (Fig. 7A second #40 positioned adjacent second channel in #82); and wherein the first and second actuators independently actuate the first and second flow directors, respectively (Paragraph 0113 lines 8-17).
Regarding claim 15, Goodwin et al. (WO 2022133599) teaches a system (Paragraph 0002 lines 1-3) comprising:
at least one apparatus according to claim 1 (see claim 1 above); and
a controller (Fig. 7A #42) operatively connected to the at least one apparatus (Fig. 7A #42 operatively connected to #30), the controller actuating the flow direction mechanism (Fig. 7A #40) responsive to output from the at least one sensor (Paragraph 0109 lines 3-12).
Regarding claim 16, Goodwin et al. (WO 2022133599) teaches the system of claim 15, wherein the at least one apparatus comprises a first apparatus (Fig. 26 upper #82) and a second apparatus (Fig. 26 lower #82), and wherein the second apparatus is positioned below the first apparatus (Fig. 26 lower #82 positioned below upper #82) such that the second apparatus receives a residual stream of the portion of the feedstream from the first apparatus (Paragraph 0113 lines 13-17).
Regarding claim 18, Goodwin et al. (WO 2022133599) teaches a method for making an apparatus (Paragraph 0002 lines 1-3), comprising:
providing a detection mechanism (Fig. 7C #30a-30d, Paragraph 0113 lines 1-7);
providing a vibration mechanism (Fig. 15 #58) for transport of a flowable material through the detection mechanism (Paragraph 0144 lines 9-10); and
connecting the detection mechanism and the vibration mechanism (Fig. 15 see #58 connected to #30) such that vibrations are homogenously transferred from the vibration mechanism to the detection mechanism (Paragraph 0183 lines 8-10).
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Goodwin et al. (WO 2022133599) in view of Ward (US 2623635).
Regarding claim 12, Goodwin et al. (WO 2022133599) lacks teaching the apparatus of claim 11, wherein the respective flow director is U-shaped with a bottom wall and opposed side walls, and wherein the bottom wall is approximately vertical when the respective flow director is in the first position and angled when the respective flow director is in the second position.
Ward (US 2623635) teaches an apparatus for selecting target particles from a feedstream (Col. 1 lines 1-7), wherein the respective flow director is U-shaped (Fig. 16 see u-shaped flow director #40CC) with a bottom wall and opposed side walls (Fig. 15 see bottom and side walls of #40CC), and wherein the bottom wall is approximately vertical when the respective flow director is in the first position (Fig. 22 see approximately vertical bottom wall of #40CC in first position) and angled when the respective flow director is in the second position (Fig. 24 see angled bottom wall of #40CC in second position).
Ward (US 2623635) explains that the flow director allows the date to pass through the central tube or through the corresponding chute by deflecting the date (Col. 5 lines 58-68), and states that the sorting and grading apparatus is characterized by its simplicity and compactness (Col. 3 lines 5-8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Goodwin et al. (WO 2022133599) to include wherein the respective flow director is U-shaped with a bottom wall and opposed side walls, and wherein the bottom wall is approximately vertical when the respective flow director is in the first position and angled when the respective flow director is in the second position as taught by Ward (US 2623635) in order to automatically deflect the portion of the feedstream with a simple and compact arrangement.
Claims 2, 17, 19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Goodwin et al. (WO 2022133599) in view of Gu (CN 211587424). English translations of Gu (CN 211587424) have been included herein.
Regarding claim 2, Goodwin et al. (WO 2022133599) lacks teaching wherein the body is a unitary structure with homogenous surfaces.
Gu (CN 211587424) teaches a system (Paragraph 0002 lines 1-2) wherein the body (Fig. 2 #11) is a unitary structure with homogenous surfaces (Fig. 2 see unitary structure and homogenous surfaces of #11).
Gu (CN 211587424) explains that the body is a frame structure welded from square steel profiles (Paragraph 0014 line 1), and explains that the apparatus uses a vibrator to excite the fixed frame to generate vibration, and then generates a reciprocating vibration after being acted on by the excitation spring so that the material is evenly spread (Paragraph 0015 lines 4-6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Goodwin et al. (WO 2022133599) to include wherein the body is a unitary structure with homogenous surfaces as taught by Gu (CN 211587424) in order to evenly spread the particles of the feedstream.
Regarding claim 17, Goodwin et al. (WO 2022133599) teaches the system of claim 16, wherein the first apparatus and the second apparatus are each mounted to a respective mounting plate (Paragraph 0183 lines 7-10).
Goodwin et al. (WO 2022133599) lacks teaching wherein the first apparatus and the second apparatus are each mounted to a respective mounting plate via at least one respective vibration dampening coupler.
Gu (CN 211587424) teaches a system (Paragraph 0002 lines 1-2) wherein the first apparatus (Fig. 1 #3) is mounted to a respective mounting plate (Fig. 1 #1) via at least one respective vibration dampening coupler (Fig. 1 #5, 7).
Gu (CN 211587424) explains that the structure uses a vibrator to excite the fixed frame to generate vibration, and then generates reciprocating vibration after being acted on by the excitation spring, so that the material is evenly spread (Paragraph 0015 lines 1-6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Goodwin et al. (WO 2022133599) to include wherein the first apparatus and the second apparatus are each mounted to a respective mounting plate via at least one respective vibration dampening coupler as taught by Gu (CN 211587424) in order to evenly spread the feedstream along each apparatus.
Regarding claim 19, Goodwin et al. (WO 2022133599) teaches the method of claim 18, further comprising wherein the detection mechanism and the vibration mechanism are connected via the body (Paragraph 0195 lines 5-7, Fig. 15 #30 of #82 connected to #58 via “vibration supports”).
Goodwin et al. (WO 2022133599) lacks teaching providing a unitary body having homogenous surfaces.
Gu (CN 211587424) teaches a method for making an apparatus (Paragraph 0002 lines 1-2) comprising providing a unitary body (Fig. 2 #11) having homogenous surfaces (Fig. 2 see unitary structure and homogenous surfaces of #11).
Gu (CN 211587424) explains that the body is a frame structure welded from square steel profiles (Paragraph 0014 line 1), and explains that the apparatus uses a vibrator to excite the fixed frame to generate vibration, and then generates a reciprocating vibration after being acted on by the excitation spring so that the material is evenly spread (Paragraph 0015 lines 4-6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Goodwin et al. (WO 2022133599) to include providing a unitary body having homogenous surfaces as taught by Gu (CN 211587424) in order to evenly spread the particles of the feedstream.
Regarding claim 21, Goodwin et al. (WO 2022133599) teaches the method of claim 19, further comprising:
providing a flow direction mechanism (Fig. 7A #40) for directing the flow of the flowable material as the flowable material exits the detection mechanism (Fig. 7A #40 directs flow of material as it exists #30); and
connecting the flow direction mechanism to the body (Fig. 7A #40 connected to #42, #42 connected to #30; Fig. 15 #30 connected to #58 via “vibration supports”).
As stated previously, Goodwin et al. (WO 2022133599) lacks teaching a unitary body (see claim 19).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Goodwin et al. (WO 2022133599) in view of Gu (CN 211587424) and further in view of legal precedent.
Regarding claim 3, Goodwin et al. (WO 2022133599) lacks teaching the apparatus of claim 1, wherein a middle portion of the body has an approximately frusto-conical profile.
Gu (CN 211587424) teaches a system (Paragraph 0002 lines 1-2) wherein the body has a rectangular profile (Fig. 2 #11).
Gu (CN 211587424) explains that the body is a frame structure welded from square steel profiles (Paragraph 0014 line 1), and explains that the apparatus uses a vibrator to excite the fixed frame to generate vibration, and then generates a reciprocating vibration after being acted on by the excitation spring so that the material is evenly spread (Paragraph 0015 lines 4-6).
The instant application explains that the shape of the body is configured to transmit a particular frequency or amplitude of vibration for “vibrational homogeneity” to ensure uniform flow of each portion of feedstream (see Paragraph 0090).
Therefore, the changes in shape claimed represent a design choice, as both shapes (frusto-conical and rectangular) provide the system with uniform vibration and evenly spread material, and a person of ordinary skill in the art before the effective filing date of the claimed invention would have found that the change in shape did not sufficiently alter the device as a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996).
Allowable Subject Matter
Claims 4, 5 and 20 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 4 recites “wherein the body is formed by three-dimensional printing”, wherein this limitation, in combination with the remaining limitations in claim 1, was not seen in the searched prior art.
Claim 20 recites “wherein providing the unitary body comprises forming the unitary body by 3D-printing”, wherein this limitation, in combination with the remaining limitations in claims 18-19, was not seen in the searched prior art.
Claim 5 would be allowed as it is dependent upon claim 4.
Conclusion
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/MOLLY K DEVINE/ Examiner, Art Unit 3653