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                COMMISSIONER'S DECISION

 

  UNOBVIOUS: Preferred Embodiment Clears Prior Art.

 

  A pipe disclosed for transporting fluid with rotational flow

  produced by helical ribs on the inner surface of the pipe, the

  ribs having specified pitch and height dimensions and "sharp

  and pointed" innermost tips was shown by the citations including

  the purpose of "mixing" the fluid. The embodiment with the

  added feature of the helices extending in opposite directions

  in successive sections of the pipe not taught by the prior

  art is patentable.

 

  FINAL ACT10N: Affirmed in-part; some of the amended claims accepted.

 

                    *********************

 

  This decision deals with a request for review by the Commissioner

 

  of Patents of the Examiner's Final Action dated February 26, 1973

 

  on application 097,780. This application was filed on November 10,

 

  1970 in the name of Hideo Takeda and refers to a "Method of and

 

  Apparatus for Transporting Fluid." The Patent Appeal Board

 

conducted a hearing on January 23, 1974, at which Mr. R.D. Mackenzie

 

  represented the applicant.

 

  This application relates to an apparatus for transporting fluid

 

  comprising a pipe having helical protrusions on the internal

 

  surfaces thereof which cause fluid transported therethrough to

 

  rotate about the axis of the pipe. This prevents sedimentation

 

  of solids in the fluid. The protrusions are so shaped as to

 

  produce that result.

 

  In the prosecution terminated by the Final Action the examiner

 

  refused the application on the ground that the subject matter is

 

  obvious in view of references cited, and as coming within the

 

  ordinary skill of workmen in the art.

 

  In the Final Action the examiner stated in part:

 

  This application stands rejected in that the subject matter

  set forth is that which could be expected from one having

  ordinary skill in the art to which the alleged invention

  pertains in view of the following applied references. The

  differences over the prior art world he obvious to a skilled

  workman.

 

                       References Re-Applied

 

Canadian Patent

 

101,500          October 16, 1906    Cl. 302-32    Dwgs. 1 sht. Milne

 

United States Patents

 

2,661,194           December 1, 1953     Cl. 259-151                Katovsich

2,095,242           October 12, 1937     Cl. 158-74                 Dick

 

Each of the above references shows various means of a helical

configuration on the inner surface of a material carrying conduit

to effect a spiral flow of the contents within the conduit to

facilitate flow therethrough.

 

Applicant's claims differ over the noted prior art by having a

smooth transition area between the inner wall of the conduit and

the body of the helical protrusion. Such a distinction is held

to be a mere matter of choice and elementary design. It is obvious

that in the interest of facilitating a helical flow of the material

the areas which the material contacts should be smooth to thereby

prevent or minimize fluid turbulence which is occasioned by a

sharp corner or the like. Thus to eliminate any sharp areas in

the prior art would be but expected skill. To give the protrusion

a pointed edge is held to be a mere matter of choice and elementary

design. Nothing of an unobvious nature results because of the

pointed configuration. The crucial factor quite clearly the same

between the instant device and the prior art is the helical flow

occasioned by a helically configured insert. To arrange feeding

equipment at spaced locations along a main line with connectors

at each location to tie the auxiliary  equipment to the main line

is held obvious in view of the well known plumbing field which

employs such a technique in tying a plurality of feeder lines

into a main line. To arrange for the helical direction to be

reversed between adjacent connected conduits is held to be a

mere matter of choice, nothing of an unobvious nature resulting

because of the choice and no new result being effected.

 

The applicant in his response dated May 3, 1973 to the Final Action

 

stated in part:

 

As pointed out in the introduction to newly submitted claim 1,

the pipe of this invention has at least four beneficial effects.

Specifically, it minimizes precipitate on an internal surface

of the pipe. As compared to a cylindrical pipe in experiment

1, there was a 10 to 1 reduction in precipitate.This is a

particular problem at low Reynolds numbers, i.e. below 23,000

in the condition of laminar flow. Please note that most of the

references have turbulent flow and higher Reynolds numbers. A

second important effect is the minimizing of accummulation of

gas bubbles in the upper portion of the pipe. This is also a

particular problem with low Reynolds number, in the laminar flow

region. A third effect is accelerating mixing of the liquid or

other fluid. A fourth and most important effect is promoting

a piston flow condition.

  These four beneficial effects are obtained with the specific

  construction illustrated and disclosed in the application,

  and recited in newly submitted claim 1. That is, not only

  must there be a cylindrical tubular pipe with a helical rib,

  but the pitch of the helix must be larger than half the

  internal diameter of the pipe, otherwise there is not the

  mixing and turbulent flow results. Moreover, the height

  of the helix must be between 1/6 and 1/2 the internal

  diameter of the pipe. If the helix is below 1/6, the effect

  does not obtain the degree desired and if it is above 1/2,

  the same occurs, Initially, the helical protrusion or rib

  has symmetrical streamline services to aid the laminar flow

  and more importantly to merge into sharp tips of the protrusions

  which reduce the volume of the protrusions in comparison to the

  total volume of the inside of the pipe. This results in a lose

  pressure drop in the pipe as compared to an ordinary pipe with

  convention helices.

 

   ...

 

Lastly, it is submitted that the subject matter of the claims

  presently on file is not obvious from the reapplied references

  taken in combination. As discussed above and in the previous

  responses, none of the reapplied references disclose protrusions

  having a structure or shape as recited by the applicant, without

  which the desired operation cannot be obtained, as described in

  the disclosure.

 

  The question to be decided is whether the subject matter of the

 

  present application can be considered as a patentable advance in

 

  the art.

 

  A pipe for transporting fluid with rotational flow, minimizing

  precipitate on an internal surface of the pipe, minimizing

  accumulation of gas bubbles in the upper portion of the pipe,

  while accelerating mixing of the fluid and promoting a piston

  flow condition, the pipe comprising:

 

  a) a cylindrical tubular pipe having an inner surface

  and an outer surface,

 

  b) a rib-like protrusion extending inwardly from the

  inner surface of the pipe and positioned along a helix

  on the inner surface of the pipe,

 

   c) the pitch of the helix being greater than one-half

  the internal diameter of the pipe,

 

  d) the height of the rib-like protrusion being between

  one-sixth and one-half the internal diameter of the pipe,

 

  e) the protrusion having streamlined symmetrical side

  surfaces merging into the internal surface of the pipe,

  and

 

   f) the innermost tip of the protrusion being sharp

  and pointed in section.

 The primary reference, Katovsich, relates to mixers for use in

 

 a jetting apparatus, and mare particularly to a mixer for

 

 materials such as concrete, which are discharged at high pressure

 

 and velocity as a jet. The primary objective of this invention

 

 is to assure the uniform and accurate mixing of liquid and dry

 

 constituents of a material to be discharged as a jet under

 

 pressure. For a more complete description we turn to the

 

 disclosure, page 2 starting at line 31,which reads:

 

 My improved mixer is best illustrated in Figs. 2 and 3

 and comprises a metal sleeve or tube 32 which is split

 longitudinally along the parting plane 34 and whose

 parts or sections include radially outwardly projecting

 longitudinal flanges 36. The flanges 36 are apertured

 to receive securing members 38 for fixedly securing the

 sleeve parts together in register in a manner to with-

 stand the application of high. pressure and to withstand

 impact. The flanges 36 preferably terminate spaced

 from the ends of the sleeve sections, aid the terminal

 portions of the sleeves are preferably provided with

 exterhal screw threads 40 outwardly of the ends of the

 flanges 36.

 

 Also, claim 1 of the reference reads:

 

 A mixer for mixing solids and a liquid and adapted to

 be interposed in a conduit, comprising a rigid tubular

 housing having a smooth inner surface and means at

 each end for attachment to a conduit, and a tubular

 liner formed of resilient material and having a

 plurality of spaced integral inwardly projecting

 helical ribs of substantial height extending for

 substantially the full length of said liner, the

 inner edges of said ribs outlining a central passage

 through said liner.

 

 The Milne reference discloses a tubular conveyor for "Peat

 

Collecting Machines" with means to prevent the lodging of peat

 

 in the lower internal periphery of the tube. This means

 

 consists of one or more convolute or spiral wings secured to

 

 the interior of the tube.

 

 The Dick reference discloses a tubular conveyor pipe for use

 

 in 1 fuel burner with means to aid in the mixing of the fuel.

 

 This means consists of convolute or spiral projections secured

 

 to the interior of the conveyor pipe.

  One difference between the prior art and amended claim 1 which

 

  the applicant claims is significant is the pitch relationship

 

  to the diameter of the pipe, which is claimed as "being greater

 

  than one-half" of the internal diameter of the pipe. Another,

 

  is the height of the protrusions which are one-sixth to one-half

 

  the pipe diameter. Also considered of significance is the

 

  symmetrical streamlined surfaces of the protrusions which

 

  merge into pointed edges.

 

  The applicant argues that the pitch of the helix of Katovsich

 

  is "less than one-half of the internal diameter" of the pipe.

 

  However, figure 3 in the Katovsich reference clearly shows that

 

  if we follow the spiral configuration of each protrusion we

 

  find that the pitch is within the limits set forth by the applicant,

 

  keeping in mind that "greater than one-half" is a broad limit,

 

  and that the drawings are illustrative only. Also the height

 

  of the ribs in the present device "is desired to be larger

 

than one-sixth and smaller than one-half of the diameter of

 

  the pipe". It is noted that this is a desired limit only. On

 

  the other hand, the Katovsich ribs are "approximately one-forth

 

  inch" in a bore diameter of approximately one and three quarter

 

  inches.

 

  With respect to "the streamlined surfaces which merge into pointed

 

  edges" the disclosure, amended page 2 beginning at line 14, reads:

 

  "...and the protrusions are preferred to have symmetrical inwardly

 

  concave streamlines on both sides in its vertical cross section

 

  with a pointed edge on the internal surface of the pipe." It is

 

  admitted that the primary reference, Katovsich, does not show the

 

  pointed edges, nor does it have the same angle of merger with the

 

  side walls as that disclosed in the present application. However,

 

  as previously noted from the disclosure "the protrusions are

 

  preferred to have...a pointed edge...."

  The applicant argues that his invention minimizes precipitate on

 

  the internal surface of the pipe. However, Katovsich and Milne

 

  teach the use of a structure to mix thoroughly the matter therein.

 

  Dick also uses his helical structure to vaporize thoroughly the

 

  mixture therein.

 

  The applicant argues that "the mixing effect is accelerated since

 

  the whole fluid rotates about the axis of the pipe." This however,

 

according to the disclosure, was only in comparison to a standard

 

cylindrical pipe. The references, especially Katovsich, teach

 

  that the mixing effect is accelerated by the helical protrusions

 

  on the internal surface of the pipe.

 

  The applicant also argues that "there is little longitudinal

 

  dispersion of fluid in the order in which each portion has been

 

  sent therein, that is, the fluid flows through the pipe under a

 

  so-called piston flow condition." Once again in our view this

 

  is a natural occurence under the conditions set out in the prior

 

  art.

 

  The disclosure on page 4 describes an experiment, for example,

 

  where the helices are directed in the same direction in a pipe

 

  (i.e. claim 1). On this point line 33 reads: "The measured

 

  precipitate was about 10 gr. in the (standard) cylindrical

 

  pipe and about 1 gr. in the helical pipe." Therefore, there

 

  is a very noticeable lack of precipitate when the helical pipe

 

  is used as compared to the standard pipe. This improvement,

 

  however, is the natural result expected from the teachings of

 

  the cited prior art, which disclose the use of helical type

 

  pipes.

 

Claim 1 therefore, in our view, does not cover a patentable advance

 

in the art. Claims 2, 3 and 4, which are dependent on claim 1

 

merely add limitations of no significance, such as the number of

 

ribs and the relationship of the helices to the inside of the

 

pipe. Accordingly, our comments about claim 1 apply equally to

 

claims 2, 3 and 4.

 

The combination covered by claim 5, however, (considering that it

 

depends on claims 2 and 1) is not taught nor suggested by the prior

 

art. Claim 5 reads:

 

A pipe as defined in claim 2 wherein the helices extend

 

in opposite directions in different sections of the pipe.

 

The disclosure on page 6 describes, for example, an experiment

 

where the helices extend in the opposite direction in different

 

sections of the pipe (i.e. claim 5) and reads: "On the other

 

hand, in the case of the helical pipe in accordance with the

 

invention, the turbid liquid was seen only near the adding nozzle

 

(from 5 to 6 cm. from the nozzle) and further downstream from the

 

solution was completely mixed and became transparent." Thus, it

 

is seen that the solution was completely mixed when the apparatus.

 

was arranged with the helices in opposite direction in different

 

sections of the pipe. This discloses a practical advance in the

 

art. Furthermore there is no indication that the extension of the

 

helices in opposite directions in different sections of the pipe

 

would be an obvious alteration to make. Claim 5 therefore, in

 

our view is acceptable. If any amendments are contemplated,

 

however, the applicant might consider Canadian patents 811,022

 

and 772,959, and United States Patent 3,117,821.

 

Claim 6, which is dependent on claim 1, adds means for introducing

 

fluid into a pipe. In the absence of patentable subject matter

 

in claim 1, claim 6 in such circumstances also lacks patentable

 

subject matter. It is suggested, however, that claims 3, 4 and 6

 

if re-numbered, could be made dependent on claim 5 when it is

 

rewritten as new claim 1.

 The Board is satisfied that claims 1, 2, 3, 4 and 6 do not disclose

 

 a patentable advance in the art. Claim 5 in our view, however,

 

 discloses a patentable advance in the art.

 

 The Board therefore recommends that amended claims 1, 2, 3, 4 and 6

 

 be refused, but that claim 5, if presented in independent form as

 

 claim 1, should be considered for allowance. Other claims mentioned

 

 above, if made dependent on an amended claim 1, would also

 

 be acceptable.

 

 J.F. Hughes,

 Assistant Chairman,

 Patent Appeal Board.

 

 I concur with the findings of the Patent Appeal Board. Accordingly,

 

 I refuse to grant a patent on the subject matter of amended claims 1,

 

 2, 3, 4 and 6, but will accept claim 5 when presented in independent

 

 form, and other suitably dependent claims. The applicant has six

 

 months within which to delete claims 1, 2, 3, 4 and 6 and present an

 

 appropriate amendment, or to appeal this decision under the provisions

 

 of Section 44 of the Patent Act.

 

 Decision accordingly,

 

 A.M. Laidlaw,

 Commissioner of Patents.

 

 Signed and dated in

Hull, Quebec this

18th day of February, 1974.

 

 Agent for Applicant

 

 George H. Riches and Associates,

 Toronto 1, Ontario.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.