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 .
DETAILED ACTION
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.
Claim 8 is 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 8 recites “…and (vii) an upper and/or lower pressing punch” rendering the claim indefinite. It is not clear if the (vii) limitation requires the distance from the valve recited in the (vi) limitation or simply requires the existence of a upper or lower pressing punch. For purposes of examination, it will be understood to recite the distance from the valve to the upper or lower pressing punch. Appropriate correction is required.
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.
Claim(s) 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazuhiro (JP H05318198), machine translation relied upon.
Regarding claim 15, Kazuhiro meets the claimed method for lubricating at least one of upper and lower pressing punches of a the rotary tablet press, (rotary tableting machine, Fig. 1-3, where main shaft 10 is rotated in a vertical axis around by rotating the worm 24, Fig. 2, [0035]) comprising: structuring the rotary tablet press to include a lubrication device; structuring the lubrication device to include a lubricant reservoir configured to hold a lubricant; structuring the lubrication device to include a stationary applicator (a lubricant is ejected toward the gap A from the pipe 5, uniformly adhered to the inner circumferential surface and the outer peripheral surface of the lower punch 4 [0027], Fig. 1) that is connected to the lubricant reservoir and configured to apply the lubricant to at least one of the upper pressing punches (upper punch 32 is moved along the guide rail 50) and the lower pressing punches as the at least one of the upper and the lower pressing punches rotate past the stationary applicator; (upper punch 32 and lower punch 34 vertically movable freely such that it can fit into a die 30, [0038]) and structuring a control apparatus to individually control an amount of lubricant applied by the stationary applicator to the at least one of the upper pressing punches and the lower pressing punches for different upper or lower pressing punches. (Kazuhiro indirectly teaches a control apparatus to be present in teaching the pressing force detected by said pressing force detection unit becomes equal to or greater than the predetermined value, a lubricant is ejected toward the gap A from the pipe 5, [0027]).
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1, 2, 4, 9-12 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kazuhiro (JP H05318198), machine translation relied upon, in view of Trebbi (US 2003/0054063 A1).
Regarding claim 1, Kazuhiro teaches a rotary tablet press, comprising: a rotor configured to be driven by a rotary drive, (rotary tableting machine, Fig. 1-3, where main shaft 10 is rotated in a vertical axis around by rotating the worm 24, Fig. 2, [0035]) wherein the rotor includes, an upper punch guide for upper pressing punches, (upper punch 32 is moved along the guide rail 50) a lower punch guide (lower punch guide 40) for lower pressing punches, and a die plate (die 30) arranged between the upper and lower punch guides and comprising a plurality of cavities, (mortar 30) wherein the upper and lower pressing punches are configured to cooperate with the plurality of cavities of the die plate; (upper punch 32 and lower punch 34 vertically movable freely such that it can fit into a die 30, [0038]) a pressure apparatus comprising an upper pressure unit and a lower pressure unit (cam 62 and 64) that are configured to cooperate with the upper pressing punches and with the lower pressing punches during operation in order to press the powder material in the plurality of cavities of the die plate into tablets; an ejection apparatus configured to eject the tablets from the plurality of cavities; (upper punch 32 and lower punch 34 is introduced between the cams 62 and 64, are strongly compressed from above and below is a tablet [0041]) and a lubrication device configured to lubricate at least one of the upper and the lower pressing punches with a lubricant, (a lubricant is ejected toward the gap A from the pipe 5, uniformly adhered to the inner circumferential surface and the outer peripheral surface of the lower punch 4 [0027], Fig. 1) wherein the lubrication device comprises, a lubricant reservoir configured to hold a lubricant, (container 6 of the lubricant, [0020], Fig. 1) a stationary applicator (pipe 5, Fig. 1) connected to the lubricant reservoir and configured to apply the lubricant to at least one of the upper pressing punches and the lower pressing punches (lower punch 4, Fig. 1) rotating past the stationary applicator, (see Fig. 1) and a control apparatus configured to individually control an amount of lubricant applied by the stationary applicator to the at least one of the upper pressing punches and the lower pressing punches for different upper or lower pressing punches. (Kazuhiro indirectly teaches a control apparatus to be present in teaching the pressing force detected by said pressing force detection unit becomes equal to or greater than the predetermined value, a lubricant is ejected toward the gap A from the pipe 5, [0027]).
Kazuhiro does not explicitly teach a filling apparatus configured to deposit powder material to be pressed into the plurality of cavities of the die plate.
Trebbi meets the claimed a filling apparatus configured to deposit powder material to be pressed into the plurality of cavities of the die plate. (Fig. 1, the tablet press 100 comprises a central hopper 1 for dosing a powder or granular product 2 into a plurality of holes, [0019]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the hopper of Trebbi with the rotary table press of Kazuhiro because it yields the predictable result of supplying powder material to the press.
Regarding claim 2, Kazuhiro as modified meets the claimed the rotary tablet press according to claim 1, wherein the applicator further comprises at least one valve that is configured to apply the lubricant (ejection amount can be controlled by adjusting the opening degree of the valve 8 [0028]) from the lubricant reservoir to an outer surface of the at least one of the upper pressing punches and the lower pressing punches. (lower punch 4, Fig. 1).
Regarding claim 4, Kazuhiro as modified meets the claimed rotary tablet press according to claim 2, wherein the at least one valve is configured such that the lubricant is applied to the at least one of the upper and lower pressing punches from at least one of: (i) above; (ii) from below; and (iii) from a side. (Kazuhiro depicts the lubricant applied from a side, see Fig. 1)
Regarding claim 9, Kazuhiro as modified meets the claimed rotary tablet press according to claim 1, wherein the lubricant reservoir further comprises a pressure apparatus configured to keep the lubricant at a predefined pressure. (Kazuhiro teaches a flow meter 9 to control the amount of compressed air introduced into container 6, see Fig. 1, [0020]. Thus, the apparatus of Kazuhiro is configured to control the pressure in container 6 and meets the claim).
Regarding claim 10, Kazuhiro as modified meets the claimed 10. The rotary tablet press according to claim 1, wherein the control apparatus is further comprised to individually control the amount of lubricant applied by the applicator to at least one of the upper and lower pressing punches for different upper and/or lower pressing punches by adjusting a drop size of the lubricant applied by the applicator and/or by at least one of; (i) adjusting an opening time of the applicator; (The ejection amount can be controlled by adjusting the opening degree of the valve 8, [0028]) and (ii) adjusting a number of lubricant applications applied by the applicator to individual pressing punches.
Regarding claim 11, Kazuhiro as modified meets the claimed rotary tablet press according to claim 1, wherein the control apparatus is configured to receive measured values from at least one sensor of the rotary tablet press, and wherein the control apparatus is configured to individually control an amount of lubricant applied by the applicator to at least one of the upper and lower pressing punches for different pressing punches on a basis of the measured values received. (the pressing force detected by said pressing force detection unit becomes equal to or greater than the predetermined value, a lubricant is ejected toward the gap A from the pipe 5, [0027])
Regarding claim 12, Kazuhiro as modified meets the claimed rotary tablet press according to claim 11, wherein the at least one sensor includes at least one stiffness sensor that is configured to measure the stiffness of at least one of the upper and the lower pressing punches. (the pressing force detected by said pressing force detection unit becomes equal to or greater than the predetermined value, a lubricant is ejected toward the gap A from the pipe 5, [0027]. Examiner notes the instant specification discloses a “force sensor” to measure stiffness, see [0021]. Therefore, the pressure force detection of Kazuhiro is understood to meet the claimed “stiffness”.).
Claim 3 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kazuhiro (JP H05318198), machine translation relied upon, in view of Trebbi (US 2003/0054063 A1), and Tsujiura (US 2021/0078214 A1).
Regarding claim 3, Kazuhiro as modified does not meet the claimed rotary tablet press according to claim 2, wherein the at least one valve is arranged in an interior space and positioned radially within a pitch circle described by the at least one of the upper and the lower pressing punches, wherein the at least one valve is configured to apply the lubricant to the at least one of the upper and the lower pressing punches from an inside outwards.
Tsujiura meets the claimed wherein the at least one valve is arranged in an interior space and positioned radially within a pitch circle described by the at least one of the upper and the lower pressing punches, wherein the at least one valve is configured to apply the lubricant to the at least one of the upper and the lower pressing punches from an inside outwards. (A spray device Y is configured to spray an external lubricant toward inner circumferential surfaces of the die bores 4, [0032]. Examiner notes Fig. 2 depicts spray device Y positioned within the circular path of the die bores 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to arrange the lubricating device of Kazuhiro within the interior circular path of tablet bores at taught by Tsujiura because it yields the predictable result of adhering lubricant to the inner circumferential surface of the die bore, lower punch 6, and the lower end surface of the tip 53 of the upper punch 5, which are metal surfaces, see Tsujiura [0032], which reduces friction, [0035].
Claim 7, 8, 13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kazuhiro (JP H05318198), machine translation relied upon, in view of Trebbi (US 2003/0054063 A1), and Heinrich (US 2018/0154600 A1).
Regarding claim 7, Kazuhiro as modified meets the claimed rotary tablet press according claim 2, wherein the control apparatus controls the applicator by taking into account at least one of: (i) a rotary position of the rotor; (ii) a delay time of the applicator or a valve of the applicator; and (iii) a flight time of the lubricant from the applicator or the at least one valve of the applicator to one of the upper and the lower pressing punches.
Heinrich teaches wherein the control apparatus controls the applicator by taking into account at least one of: (i) a rotary position of the rotor; (ii) a delay time of the applicator or a valve of the applicator; and (iii) a flight time of the lubricant from the applicator or the at least one valve of the applicator to one of the upper and the lower pressing punches. (A method and system is provided for feeding a lubricating or releasing agent from a dosing station to one or more pressing tools arranged in a pressing chamber of a tablet press, [0006]. Heinrich teaches the second pressure sensor 32 measures the pressure in the feed pipe 22 following aspiration of the lubricating or release agent, [0017] controller 36 generates an enable signal to open the shut-off valve 28 in response to a predetermined combination of pressure measurement signals or when predetermined conditions exist [0018]. Examiner notes that although Heinrich does not explicitly teach “flight time”, the measurement of pressure in the feed line is recited in claim 8 to be an indirect measure of flight time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the controller and pressure sensor of Heinrich with the lubricant pipe of Kazuhiro because it improves the safety and effectiveness of the tablet press, see Heinrich [0026].
Regarding claim 8, Kazuhiro as modified meets the claimed rotary tablet press according to claim 7, wherein the control apparatus is configured to ascertain the flight time of the lubricant by accounting for one or more of: (i) a lubricant pressure; (Heinrich teaches the second pressure sensor 32 measures the pressure in the feed pipe 22 following aspiration of the lubricating or release agent, [0017] ) (ii) a temperature of the lubricant; (iii) a viscosity of the lubricant; (iv) an opening time of the applicator or a valve of the applicator; (v) an outlet geometry of the applicator or a valve of the applicator; (vi) a distance between the applicator or a valve of the applicator; and (vii) an upper and/or lower pressing punch.
Regarding claim 13, Kazuhiro as modified does not meet the rotary tablet press according to claim 1, wherein the lubricant reservoir is configured to contain a liquid lubricant, and wherein the applicator is configured to apply the liquid lubricant intermittently to at least one of the upper and the lower pressing punches in drops or in a defined quantity in atomized form.
Heinrich teaches wherein the lubricant reservoir is configured to contain a liquid lubricant, and wherein the applicator is configured to apply the liquid lubricant intermittently to at least one of the upper and the lower pressing punches in drops or in a defined quantity in atomized form. (Heinrich teaches lubricating or release agent is aspirated or aerated upon exiting the lubricating/release reservoir 16 [0016])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the aerated nozzle of Heinrich with the lubricant pipe of Kazuhiro because it improves delivery of lubricant to the moving parts of the tablet press.
Claim 14 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kazuhiro (JP H05318198), machine translation relied upon, in view of Trebbi (US 2003/0054063 A1), and Benker et al. (6,472,001 B1).
Regarding claim 14, Kazuhiro as modified does not meet the claimed rotary tablet press according to claim 1, wherein the lubrication device comprises a heating apparatus configured to heat the applicator.
Benker meets the claimed wherein the lubrication device comprises a heating apparatus configured to heat the applicator. (Benker teaches the heater member 70 allows the bearings, rotating components and lubrication therefor relative to rotation of the drum member 60 to be kept at an appropriate operating temperature and not be overly cooled which could adversely affect efficiency and output performance, Col. 5, lines 51-50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the heater of Benker with the lubrication device applicator of Kazuhiro because keeping parts at an appropriate operating temperature and not be overly cooled which could adversely affect efficiency and output performance. Keeping the operating members at normal operating temperatures also results in less breakdowns and repair of the rotating and moving mechanisms, see Col. 5, lines 55-60.
Allowable Subject Matter
Claims 5-6 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.
Regarding claim 5, the prior art does not teach or suggest the rotary tablet press according to claim 2, wherein the at least one valve is configured to apply the lubricant intermittently at a frequency of more than 30 Hz.
Regarding claim 6, the prior art does not teach or suggest the rotary press according to claim 2, wherein the at least one valve is configured to apply the lubricant intermittently at a frequency of more than 250 Hz.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Beane (US 8,211,359 B2) teaches Claim 10. A method for controlling a powder press, said method comprising the steps of: lubricating the die cavity; introducing a powder material into a die; creating a substantially uniform distribution of powder material in the die by fluidization of the powder as the powder enters the die; and pressing of the powder material in the die by controlling a magnitude of a pressing force applied by each of at least one set of workpiece-forming punches by determining a pressure of a fluid provided to each of at least one piston that is operatively associated with each set of workpiece-forming punches.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M. ROBINSON whose telephone number is (571)270-0467. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Zhao can be reached at (571)270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL M. ROBINSON/Primary Examiner, Art Unit 1744
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