Ex Parte Witt et al

Patent Trial and Appeal Board

Jun 20, 2016

12737677 (P.T.A.B. Jun. 20, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
121737,677 02/04/2011
22878 7590 06/22/2016
Agilent Technologies, Inc, in care of:
CPA Global
P. 0. Box 52050
Minneapolis, MN 55402
FIRST NAMED INVENTOR
Kaus Witt
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
20080129-05 7289
EXAMINER
DUNN, DARRIN D
ART UNIT PAPER NUMBER
2121
NOTIFICATION DATE DELIVERY MODE
06/22/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
IPOPS.LEGAL@agilent.com
Agilentdocketing@cpaglobal.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte KAUS WITT and KONSTANTIN CHOIKHET
Appeal2014-007024
Application 12/737,677
Technology Center 2100
Before CARLA M. KRIVAK, HUNG H. BUI, and
JOHN F. HORVATH, Administrative Patent Judges.
KRIVAK, Administrative Patent Judge.
DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from a Final Rejection of
claims 1, 3-12, 14, and 16-20. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.
Appeal2014-007024
Application 12/737,677
STATEMENT OF THE CASE
Appellants' invention is directed to "a solvent supply system for
supplying a composite solvent" (Spec. i-f 1 ).
Independent claim 1, reproduced below, is exemplary of the subject
matter on appeal.
1. A solvent supply system for supplying a composite
solvent, solvent supply system comprising:
a first supply flow path with a first pump unit, the first
supply flow path being adapted for supplying a flow of a first
solvent to a mixing unit, the first pump unit operating
periodically;
a second supply flow path with a second pump unit, the
second supply flow path being adapted for supplying a flow of a
second solvent to the mixing unit, the second pump unit
operating periodically;
the mixing unit being adapted for mixing the first and the
second solvent and for supplying a composite solvent; and
a control unit adapted for controlling operation of the first
and the second pump unit to prevent at least one of a predefined
phase relation between the first pump unit and the second pump
unit, by adjusting a phase of the first pump unit and a phase of
the second pump unit relative to one another, and a predefined
frequency relation between the first pump unit and the second
pump unit, by adjusting a frequency of the first pump unit and a
frequency of the second pump unit relative to one another.
REFERENCES and REJECTIONS
The Examiner rejected claims 1, 3-5, 8-12, 14 and 20 under 35
U.S.C. § 103(a) based upon the teachings of Witt (2006/087037 Al; publ.
Aug. 24, 2006) and Strohmeier (US 4,883,409; iss. Nov. 28, 1989).
2
Appeal2014-007024
Application 12/737,677
The Examiner rejected claim 6 under 35 U.S.C. § 103(a) based upon
the teachings of Witt, Strohmeier, and Shannon (US 4,938,396; iss. July 3,
1990).
The Examiner rejected claim 7 under 35 U.S.C. § 103(a) based upon
the teachings of Witt, Strohmeier, and Shafer (US 2009/0139493 Al; publ.
June 4, 2009).
The Examiner rejected claims 16 and 19 under 35 U.S.C. § 103(a)
based upon the teachings of Witt, Strohmeier, and Pahnke (US 5,447,050;
iss. Sep. 5, 1995).
The Examiner rejected claim 17 under 35 U.S.C. § 103(a) based upon
the teachings of Witt, Strohmeier, Ciavarini (US 6,3 64, 623 B 1; Apr. 2,
2002), and Pahnke.
The Examiner rejected claim 18 under 35 U.S.C. § 103(a) based upon
the teachings of Witt, Strohmeier, Pahnke, and Shafer.
ANALYSIS
Appellants contend the Examiner erred in finding the phases of Witt's
pistons are adjusted relative to each other and Strohmeier discloses adjusting
relative phases and frequencies of two pumping units (App. Br. 9-10). We
do not agree.
We agree with and adopt the Examiner's findings as our own (Final
Act. 4--8; Ans. 3-5). Particularly, we agree with the Examiner's finding that
Witt discloses two pump units having respective flow paths (Ans. 4, each
piston in Witt can be considered a separate pump unit): the claim does not
recite each unit must include two separate pistons as Appellants contend
(App. Br. 9). We also agree with the Examiner's finding that Strohmeier
3
Appeal2014-007024
Application 12/737,677
teaches first and second pump units and adjusting the frequency and phases
of the pumps (Ans. 3--4).
We note Appellants appear to be arguing the references separately.
Witt is cited for disclosing separate pump units, each including a piston
(Ans. 4). Strohmeier is cited for disclosing preventing a predefined
frequency relation by adjusting the frequency (and phase) of the first and
second pump units relative to one another (Final Act. 7; Ans. 3). Thus, we
agree with the Examiner an ordinarily skilled artisan would be motivated to
combine Strohmeier (adjusting the frequency and phases of pistons within
pumps) with Witt (controlling first and second pistons) to obtain a
predictable result of regulating fluid flow through each pump to a mixing
chamber to prevent undesired phase and frequency relations (Ans. 6-7; see
Witt i-f 57, controlling piston movement to guarantee a ripple free fluid
stream; and Strohmeier col. 2, 11. 45--48, 56-67; col 9, 11. 6-30, controlling
piston frequency to adjust flow rates; col. 6, 11.15-20, controlling the relative
phases of two pistons; Final Act. 6-7).
Thus, we sustain the Examiner's rejection of independent claim 1,
independent claims 2 and 12, argued for the same reasons (App. Br. 12-13)
and claims 3-12, 14, and 16-20 dependent therefrom and not separately
argued (App. Br. 13-14).
DECISION
The Examiner's decision rejecting claims 1, 3-12, 14, and 16-20 is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv).
4
Appeal2014-007024
Application 12/737,677
AFFIRMED
5