Patents

Decision Information

Decision Content

                 COMMISSIONER'S DECISION

 

OBVIOUSNESS: Method Claims Fail in View of Prior Art.

 

The application relates to an apparatus for spraying powdered

materials at low controlled rates. The prior art failed to teach

or suggest the combination in rejected apparatus claims. The

method claims, by contrast, failed to recite that relationship,

and were considered too broad in scope, though they could be

modified to overcome the rejection.

 

FINAL ACTION: Modified.

 

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

 

This decision deals with a request for review by the Commissioner

of Patents of the Examiner,s Final Action dated October 23, 1974

on application 141,564 (Class 302-25). The application was filed

on May 8, 1972 in the name of Robert G. Coucher and is entitled

"Powder Feeder and Methods for Transporting Particulate Material."

 

This application relates to a powder feeder, especially useful for

spraying powdered materials at low controlled rates. The feeder

is provided with an orifice to admit gas up through the bottom at

a high velocity. A pair of concentric conduits are suspended from

the top of the feeder in approximately axial alignment with the

orifice so that the column of gas is captured within the outer

conduit and substantially all enters the inner conduit. The

powdered material is stored in the space between the outer conduit

and the wall of the feeder. The spacing of the outer conduit from

the bottom of the feeder is adjustable to admit the powdered

material in a controlled manner to the vicinity of the orifice.

The inner conduit is also adjustable with respect to the outer

conduit as an added control. When gas is forced through the

orifice, the powdered material is lifted by the venturi pressure

effect created by the gas.

 

In the Final Action the examiner refused claims 1,2, 4 to 7 and

9 to 12 for lacking invention over the following references:

 

French Patent

 

947,479             June 10, 1947           BOURDILLON

 

United States Patent

 

3,501,602          March 17, 1950            De Witt

 

In that action the examiner stated (in part):

 

Claims 1, 2, 4-7 and 9-12 in this application stand rejected

for failing to define a clear inventive step over the French

Patent in view of the United States Patent. To arrange the

teaching of the French Patent for use in a closed vessel is

held to be a mere matter of expected skill. The United

States Patent shows that closed vessels are known. To adapt

the teaching of the French patent for use in known closed

systems is held to be a mere matter of expected skill and

normal engineering. To vibrate the vessel to facilitate feed

is held to be but expected skill and common knowledge in any

event. No claimed features in claims 1, 2, 4-7 and 9-12 are

seen to be beyond choice, elementary design or expected skill.

 

The applicant in his response dated October 23, 1974 to the Final Action

Stated (in part):

 

   ...

 

It would appear that the Examiner considers the sleeve 10

(shown in the French patent) to be the equivalent of the

first conduit defined in applicant's claim 1 and the tube

9c to be the equivalent of applicant's second conduit.

Applicant agrees that the United States patent teaches a

closed vessel and judging from the drawing of the French

patent it would appear that the most logical manner of

closing the French vessel would be to place a cover over

the spider members which space the outer cylindrical wall

of the vessel from the inner cylindrical threated portion

indicated at 10c. Since the wheel 10b is intended to

rotate the sleeve 10 it would certainly not be practical

to enclose that wheel 10b in a closed vessel since the ease

of adjustment now achieved with the French apparatus would

be completely lost....

...

 

Turning now to the method claims 9 to 12, applicant is again

unable to agree that these claims are obvious in view of the

prior art. Unfortunately, the Examiner has not advanced any

specific arguments with respect to the method claims.

However, applicant strongly believes that the method of claims

9 to 12 is distinct from the prior art. In the United States

patent, for example, metering is accomplished by adjusting the

gap 86 between the ring 82 and the top of the member 60.

Metering, as set forth in claim 9 of the present invention, is

accomplished by adjusting the vertical and horizontal spacings

of the barrier from the orifice. The physical phenomena

involved in the two methods are very different. In the refer-

ence, the material adjacent to the member 60 must be fluidized

  or it will not flow to the vicinity of the orifice. The

  method of claim 9 relies only on the inherent angle of

  repose of the material for rate control. Energizing the

  material to the extent taught by the reference would be

  detrimental because once a material is fluidized it

  obviously cannot exhibit a stable angle of repose. Hence

  there would be no predetermined flow of material under

  the barrier (30a, Figure 1) downward to the vicinity of

  the orifice 39 as required by claim 9. The remaining

  claims 10 to 12 are certainly not found in the United

  States patent.....

 

  The Bourdillon reference relates to an apparatus for depositing powder,

  or dust, in suspension in a current or stream of gas. The apparatus

  comprises a vessel in which the powder can be stored; an orifice opening

  into the vessel from its bottom; a conduit mounted in the vessel in

  axial alignment with the orifice and an adjustable sleeve surrounding

  the conduit to control the feed of the powder.

 

  The De Witt reference was cited to show the use of a "closed vessel"

  powder feeder working on the same general principle as that shown in

  Bourdillon.

 

 The state of the prior art was also discussed by the applicant on page 1,

  2nd para, of the disclosure and reads:

 

  .... The pneumatic conveying of finely divided, particulate

  material is conventional. The venturi principle is employed

  in various commercial equipment for drawing particulate

  material from a reservoir into a moving stream of gas or

  liquid. Such techniques have not heretofore been success-

  fully applied to the uniform transport of particulate

  materials at low rates, however.

 

 Heretofore, for applications requiring uniform feeding of

  a powdered material, e.g. to a plasma flame for plasma

  flame spraying of a substrate, various types of mechanical

  feeders have been relied upon. At very low rates, mechanical

  feeders become erratic, however. Limitations imposed by the

  mechanics of such feeders make it impractical to feed powders

  from a stock at rates much below about a pound per hour. Many

  potential applications exist for well-controlled, uniform,

  lower feed rates, but it has not heretofore been practical to

  achieve them.

 

As mentioned, this application relates to a powder feeder, especially useful

  for transporting particulate materials at a low controlled rate. A container

  is provided with an orifice to admit gas up through the bottom of the

  vessel in a high velocity column or jet. A pair of concentric conduits

 are suspended from the top of the vessel in approximately axial align-

 ment with the orifice so that the column of gas is captured within

 the outer conduit and substantially all enters the inner conduit.

 Particulate material (such as metal powder) is stored in the space

 between the outer conduit and the wall of the vessel. The spacing

 of the outer conduit from the bottom of the vessel is adjusted to

 admit particulate material to the vicinity of the orifice at a

 controlled rate. When gas is forced through the orifice, particulate

 material is lifted by the venture pressure effect created by the gas

 column. Claim 1 reads:

 

 Apparatus comprising: a closed vessel with an interior;

 means for introducing particulate material to the interior

 of said vessel;

 

 an orifice, opening into the vessel from its bottom,

 oriented to admit gas forced therethrough in an upwardly

 directed jet stream into the interior of said vessel;

 

 an outlet at the top of said vessel;

 

 a first conduit, mounted within the vessel in approximately

 axial alignment with said orifice, with the lower end of

 said first conduit directly above said orifice and suffi-

 ciently near the bottom of the vessel to prevent powder

 contained within the vessel from filling the space between

 said lower end and said orifice, and with the upper end of

 said first conduit in open communication with the interior

 of said vessel; and

 

 a second conduit of smaller cross section than said first

 conduit mounted within and in approximately axial alignment

 with said first conduit with the lower end of said second

 conduit directly above said orifice and the upper end of

 said conduit openly communicating with said outlet.

 

The question which the Board must consider is whether claims 1, 2, 4 to

 7 and 9 to 12 should be refused as lacking patentable subject matter

 over the art cited.

 

 First it is observed that in order to refuse for lack of inventive

 subject matter, the prior art when taken collectively must substantially

 teach the combination as claimed.

 

 The applicant has stated that he has overcome a problem of feed control

 at low feed rates. He maintains that: "Limitations imposed by the

mechanics of such (prior art) feeder make it impractical to feed

powders from a stock at rates much below about a pound per hour (see

page 1 of the disclosure). On the other hand, the second last

sentence, on page 3, reads: "...the invention is of particular

interest, at the present time, because of its unique capability of

transporting such materials at very low rates. The preferred

embodiment of the apparatus may be adjusted to deliver particulate

material at feed rates ranging from a fraction of a gram up to

several pounds per hour." There is no reason apparent to discredit

the applicant's claim to have solved that problem, as it is well

documented by the results of a number of experiments which appear

in the disclosure.

 

We will now consider the rejected claims.

 

The first portion of claim 1, a vessel, an orifice, an outlet at the

top of the vessel and a conduit are shown by Bourdillon. The

applicant does, however, claim a "closed" vessel, but this is shown

by De Witt. The last portion of the claim reads: "...a second

conduit of smaller cross section than said first conduit within and

in approximately axial alignment with said first conduit with the

lower end of said second conduit directly above said orifice and

the upper end of said second conduit openly communicating with said

outlet."

 

There is no teaching in the cited art wherein a second conduit is

coaxially contained within a first conduit. A conduit, by definition,

is a tube or channel which is adapted to carry a fluid. Since the

applicant uses two conduits coaxially aligned the construction must,

by definition, provide an annular space between the first and second

conduits for the passage of fluid or air therebetween. The Bourdillon

reference on the other hand shows an outer cylindrical casing, which

can only be considered as a sleeve for the purpose of adjusting the

quantity of powder to the orifice. The claim also brings out the

fact that "the first conduit (is) in open communication with the

interior of said vessel." That arrangement has a particular role to

play as explained in the last paragraph on page 5 of the disclosure,

which reads "The inner conduit should be of sufficient cross section

to receive most of the gas column rising up from the orifice. It

should be sufficiently smaller than the other conduit to define an

annuar space capable of passing the gas and suspended powder which

fails to enter the inner conduit without clogging."

 

In our view therefore, the combination of claim 1 is not taught nor

suggested by the cited art. The applicant has in our view produced

a result in a more expedious manner than had apparently been done

before. Accordingly, the Board is satisfied that there is in the

new combination claimed a degree of ingenuity which was the result

of thought and experiment. (See Crossley Radio Corporation v.

Canadian General Electric Company (1936) S.C.R. 551 at 560. It

follows that the rejection of claim 2 and 4 to 7, which depend on

claim 1, is also traversed.

 

The examiner also refused method claims 9 to 12. Claim 9 reads:

 

A method for transporting finely divided, particulate

material at a controlled rate, which comprises:

 

establishing and maintaining a column of gas flowing

up from an orifice of selected cross section at high

velocity;

 

positioning a quantity of the finely divided, particulate

material so that it tends to flow toward said orifice;

 

providing a barrier between the gas column and the par-

ticulate material, located to permit passage of such

material beneath said barrier at a region spaced

vertically up and horizontally out from said orifice at

distances selected to permit a predetermined flow of

particulate material to the vicinity of said orifice; and

 

capturing the gas column above the orifice for transport

to a remote location.

 

That claim recites the steps of: maintaining a column of gas from

an orifice; providing a quantity of particles in a controlled manner

and transporting the particles to a remote location by means of the

gas column. These steps are clearly inherent in the Bourdillon

reference. In other words that claim does not include the essential

features of the invention; namely, a first and a second conduit

coaxially aligned, which feature is argued by the applicant, as

noted above, to be an important part of his advances in the art. It

is observed that the claim refers to "a barrier," but not the specific

barrier "an outer cylindrical conduit," and as a result reads on the

"sleeve barrier" of Bourdillon. It is really a matter of the claim

failing to comply with Section 36(2) of the Patent Act.

 

Claims 10 to 12, which depend on claim 9, also fail to recite the first

and second conduit relationship. The same arguments used to refuse

claim 9 therefore, apply equally to claim 10 to 12.

 

The Board is satisfied that rejected claims 1, 2 and 4 to 7 recite a

patentable advance in the art over the references cited, and we

recommend that the rejection be withdrawn.

 

The Board is also satisfied that claims 9 to 12 fail to recite a

patentable advance over the art cited, and we recommend that the

rejection of claim 9 to 12 be affirmed.

 

J.F. Hughes,

Assistant Chairman,

Patent Appeal Board.

 

I concur with the findings of the Patent Appeal Board and withdraw

the rejection against claims 1, 2, and 4 to 7, but refuse to allow

claims 9 to 12. The applicant has six months within which to delete

claims 9 to 12, to amend along the guidelines suggested, or to

appeal this decision under the provision of Section 44 of the

Patent Act.

 

Decision accordingly,

 

J.A.Brown

Acting Commissioner of Patents

 

Dated at Hull, Quebec

this 7th day of May, 1975

 

Agent for Applicant

 

A.E. MacRae & Co.,

Ottawa, 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.