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 .
Status of the Claims
Claims 1 – 12 have been amended prior to initial examination.
Claim Objections
Claims 1 – 12 are objected to because of the following informalities:
Claims 1 and 6 recite the limitation “the conveying pistons of which are each rigidly connected to a drive piston,” this limitation should be recited as “each conveying cylinder are each rigidly connected to a drive piston.”
Dependent claims not specifically objected to are interepted as being objected to for depending from a rejected claim.
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) 1 – 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE3834678, “Benckert.”
Regarding Claim 1: Benckert discloses a thick material pump (Figures 1 – 3) comprising two conveying cylinders (10, 12), the conveying pistons (30, 32) of which are each rigidly connected to a drive piston (38, 40) of an associated drive cylinder (26, 28) via a common piston rod (34, 36), wherein a conveying operating mode is provided in which the conveying cylinders are driven in counter-phase mode (As shown in at least Figure 1; [0020], “When the tank level is reduced, the piston arrangement 30, 38 moves in the direction of arrow 60 and the piston arrangement 32, 40 in the direction of arrow 62.”), in order to convey thick material via a transfer tube (20) alternately connected to the conveying cylinders from a hopper (18) into a conveying pipe (22), and a cleaning operating mode is provided in which the conveying cylinders jointly assume an end position on the hopper side and the transfer tube is alternately switched between the two conveying cylinders (It is noted that the apparatus of Benckert discloses an apparatus having the same configuration of that of the instant claim. Although Benckert is silent as to operation of the apparatus in the claimed cleaning operation mode, the apparatus of Benckert discloses the configuration of elements which would be required to operate the apparatus in the manner claimed. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. (MPEP 2114 (II)) As such, the recited limitation is interpreted as not being required by the claim insofar as it fails to differentiate the claimed apparatus from a prior art apparatus).
Regarding Claim 2: Benckert discloses the thick material pump according to claim 1; Benckert further discloses wherein, to initiate the cleaning operating mode, reverse pumping takes place with an asynchronous alternating assignment of the transfer tube to the conveying cylinders in comparison to the conveying operating mode (It is noted that the apparatus of Benckert discloses an apparatus having the same configuration of that of the instant claim. Although Benckert is silent as to operation of the apparatus in the claimed cleaning operation mode, the apparatus of Benckert discloses the configuration of elements which would be required to operate the apparatus in the manner claimed. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. (MPEP 2114 (II)) As such, the recited limitation is interpreted as not being required by the claim insofar as it fails to differentiate the claimed apparatus from a prior art apparatus).
Regarding Claim 3: Benckert discloses the thick material pump according to claim 2; Benckert further discloses wherein, parallel to the reverse pumping process, the strokes of the conveying cylinders are shortened until the conveying pistons are in an end position on the hopper side (It is noted that the apparatus of Benckert discloses an apparatus having the same configuration of that of the instant claim. Although Benckert is silent as to operation of the apparatus in the claimed cleaning operation mode, the apparatus of Benckert discloses the configuration of elements which would be required to operate the apparatus in the manner claimed. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. (MPEP 2114 (II)) As such, the recited limitation is interpreted as not being required by the claim insofar as it fails to differentiate the claimed apparatus from a prior art apparatus).
Regarding Claim 4: Benckert discloses the thick material pump according to claim 3; Benckert further discloses wherein the drive cylinders are in communication with one another via a rocking-oil line (48) arranged on the rod side (As shown in at least Figure 1), so as to exchange rocking oil, and the strokes of the conveying cylinders are shortened by withdrawing rocking oil ([0017], “At their rod-side end, the drive cylinders are hydraulically coupled to each other by a connecting line 48. Via this connecting line 48, the so-called rocking oil is pumped back and forth between the drive cylinders 26, 28 during the alternating pressure and suction stroke movements of the pistons 38 and 40.” The stroke of the conveying cylinders will be shortened through the withdrawal of rocking oil).
Regarding Claim 5: Benckert discloses the thick material pump according to claim 3; Benckert further discloses wherein the drive cylinders are in communication with one another via a rocking-oil line (48) arranged on the bottom side (As shown in at least Figure 1), so as to exchange rocking oil, and the strokes of the conveying cylinders are shortened by supplying rocking oil ([0017], “At their rod-side end, the drive cylinders are hydraulically coupled to each other by a connecting line 48. Via this connecting line 48, the so-called rocking oil is pumped back and forth between the drive cylinders 26, 28 during the alternating pressure and suction stroke movements of the pistons 38 and 40.” The stroke of the conveying cylinders will be shortened through the withdrawal of rocking oil).
Allowable Subject Matter
Claims 6 – 11 would be allowed if corrected to overcome the aforesaid claim objections.
The following is a statement of reasons for the indication of allowable subject matter: Claim 6 is directed towards the operation of an apparatus wherein “in a cleaning operating mode the conveying cylinders are brought jointly into an end position on the hopper side and the transfer tube alternately opens the conveying cylinders.” Benckert teaches an apparatus such as that of claim 6; however, Benckert fails to explicitly disclose, teach, or suggest a method of operating such a pump which includes “in a cleaning operating mode the conveying cylinders are brought jointly into an end position on the hopper side and the transfer tube alternately opens the conveying cylinders.” No other reference or combination of references has been identified which would render such a method obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0182230 – A thick material pump with a cleaning mode
US 5,401,140 – A thick material pump having a computer controller
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/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.02.20
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746 3/5/2026
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