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 .
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.
Claims 1, 7-11, 14-18 are 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 1 recites the limitation "the first conduit building tube" in 22. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the first conduit building tube" in 23. There is insufficient antecedent basis for this limitation in the claim.
Since claims 7-10, 14-18 depend upon an indefinite claim, those claims are construed to be indefinite by dependency.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 10, 11, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (KR100929576 B1) in view of Kuno et al. (US 5,203, 092) and Gunter (WO 2018/157947 A1).
For claims 1, Lee et al. disclose a drying process, the process comprising the steps of: stacking lumber 2 inside of a building structure 1, the building structure 1 fixed in place and the lumber 2 maintaining a fixed position inside the building structure 1 relative to the building structure (Fig. 2, page 4, paragraph <22>); providing a fuel burning furnace 16 that is configured to generate hot air (page 3, paragraph 16); providing an air-to air heat exchanger 11( Fig. 2, paragraph <37>) that includes an input side (Fig. 2, lower side which is connected to 12 and 16) and an output side (Fig. 2, upper side which is connected to 8 and 18), the air-to-air heat exchanger 11 comprising an outer shell (Fig. 2, outer housing of heat exchanger 11) and one or more inner tubes (Fig. 2); providing a first conduit building tubing 3, 12, 18, 5 (Fig. 2), a first segment 3, 12 of the first conduit building tubing connecting the building structure 1 to the input side of the air-to-air heat exchanger 11 (Fig. 2), recycled air flows out of the building structure 1 and into the outer shell on the input side of the air-to-air heat exchanger 11 through the first segment 3, 12 of the first conduit building tubing (Fig. 2); providing a second conduit building tubing (Fig. 2, tube connecting 8 and 11 and tube 8); a second segment 5, 18 of the first conduit building tubing connecting the first conduit on the output side of the air-to-air heat exchanger 11 to the building structure 1, a second segment (Fig. 2, tube connecting 8 and 11) of the second conduit building tube connecting one or more inner tubes of the output side of the air-to air heat exchanger 11 to exhaust tubing 8, the exhaust tubing configured to exhaust the hot air the fuel burning furnace 16 after passing through the air-to-air heat exchanger 11 (Fig. 2); sending the hot air from the fuel burning furnace 16 into the one or more inner tubes (Fig. 2) and the recycled air from the building structure 1 (Fig. 2, from 12) into the outer shell (Fig. 2), the hot air in one or more inner tubes raising the temperature of the recycled air in the outer shell (Fig. 2, page 5, paragraph <37>); and sending the recycled air back into the building structure 1 from the outer shell as it exits the air-to-air heat exchanger 11 and sending the hot air out through the exhaust tubing 8 as it exits one or more inner tubes (Fig. 2).
For claims 11, Lee et al. disclose a drying apparatus adapted to dry stacks of lumber 2, the drying apparatus comprising: a building structure 1 that is fixed in place having an outside and an inside (Fig. 2, page 4, paragraph <22>), the building structure 1 configured to contain stacks of lumber 2 in fixed positions (Fig. 2), building fans (not shown, page 4, paragraph <29>) located on the inside and configured to circulate air throughout the building structure 1; a fuel burning furnace 16 (Fig. 2) that is connected to an air-to-air heat exchanger 11 (Fig. 2), the fuel burning furnace 16 configured to provide hot air to the air-to-air heat exchanger 11 (Fig. 2); the air-to-air heat exchanger 11 having an input side an input side (Fig. 2, lower side which is connected to 12 and 16) and an output side (Fig. 2, upper side which is connected to 8 and 18) and the air-to-air heat exchanger 11 comprising an outer shell (Fig. 2, out housing of 11) and one or more inner tubes (Fig. 2, see vertical tubes within 11); a first conduit building tubing 3, 12, 18, 5, a first segment 3, 12 of the first conduit building tubing connecting the building structure 1 to the input side of the air-to-air heat exchanger 11 (Fig. 2), the recycled air flows out of the building structure 1 and into the outer shell on the input side of the air-to-air heat exchanger 11 through the first segment 3, 12 of the first conduit building tubing 3, 12, 18, 5 (Fig. 2); a second conduit building tubing (Fig.2, tube 8 and not numbered tube connecting 9 and 11); a second segment 5, 18 of the first conduit building tubing connecting the outer shell on the output side of the air-to-air heat exchanger 11 to the building structure 1 (Fig. 2), a second segment (Fig. 2, not numbered tube between 9 and 11) of the second conduit building tubing connecting the one or more inner tubes of the output side of the air-to-air heat exchanger 11 to an exhaust tubing 8, the exhaust tubing 8 configured to exhaust the hot air from the fuel burning furnace 16 after passing through the air-to-air heat exchanger 11; the apparatus configured to send the hot air from the fuel burning furnace 16 into the one or more inner tubes and the recycled air from the building structure 11 into the outer shell (Fig. 2), the hot air in the one or more inner tubes raising the temperature f the recycled air within the outer shell, and the air-to-air heat exchanger 11 configured to return he recycled air to the building structure 1 and exhaust the hot air out of the apparatus (Fig.2); the lumber 2 stacked inside the building structure 1 and the fans (not show, page 4, paragraph <29>) adapted to circulate the recycled air throughout the fixed building structure 1.
However, Lee et al. does not disclose the furnace is a wood burning furnace. Lee et al. also does not disclose a first fan that is connected to the building structure and the air-to-air heat exchanger, the first fan configured to pull recycled air out of the building structure and into first air conduit; a second fan that is connected to the wood burning furnace and the air-to-air heat exchanger, the second fan configured to pull hot air from the wood burning furnace into the second air conduit. Lee et al. further does not disclose a second conduit building tubing comprising a first segment connecting the wood burning furnace and the input side of the air-to-air heat exchanger.
Kuno et al. discloses a drying process and apparatus comprising a dryer structure, a furnace 8, an air-to-air heat exchanger 9 that includes an input side (Fig 1, right side of heat exchanger 9) and an output side (Fig. 1, left side of heat exchanger 9), the air-to-air heat exchanger 9 comprising an outer shell and one or more inner tubes (Fig. 9, col. 3, lines 26-27; a first conduit building tubing 20, a second conduit building tubing (Fig. 1, not numbered, tube connects to the exhaust gas outlet located at top of the furnace 8), , a first segment (Fig. 1, tube segment between 8 and 9) of the second conduit building tubing connecting the burning furnace 8 and the input side of the air-to-air heat exchanger 9 (Fig. 1), hot air flows from the burning furnace 8 into the one or more inner tubes through the first segment of the second conduit building tubing (Fig. 1). Gunter discloses a drying process and apparatus comprising a wood burning furnace 31 (Fig. 4, page 21, lines 32-33) that is configured to generate hot air and a first fan 8 that is connected to dryer 1 (corresponding to the claimed building structure) and the air-to-air heat exchanger 4, the first fan 8 configured to pull recycled air out of the dryer 1 and into a first conduit of the air-to-air heat exchanger 4 (Fig. 4); a second fan 9 that is connected to the wood burning furnace 31 and the air-to-air heat exchanger 4, the second fan 9 configured to pull hot air from the wood burning furnace 31 into a second conduit of the air-to-air heat exchanger 4 (Fig. 4).
Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to modify the drying process and apparatus of Lee et al. to provide the second conduit building tubing with a first segment connecting the fuel burning furnace and the input side of the air-to-air heat exchanger as taught by Kuno et al. in order to facilitate the replacement of the furnace and/or heat exchanger and to further modify the drying process and apparatus of Lee et al. to substitute the wood burning furnace of Gunter for the fuel burning furnace of Lee et al. in order to use coarser material to generate hot air and to allow for the complete thermal recycling of materials which are e.g. generated anywhere during the production processes of chipboards or wooden articles (Gunter, page 21, line 33 to page 22, line 2) and to further modify the drying process and apparatus of Lee et al. to include a first fan that is connected to the building structure and the air-to-air heat exchanger, the first fan configured to pull recycled air out of the building structure and into the first conduit of the air-to-air heat exchanger; a second fan that is connected to the wood burning furnace and the air-to-air heat exchanger, the second fan configured to pull hot air from the wood burning furnace into the second conduit of the air-to-air heat exchanger as taught by Gunter in order to help pull recycled air out of the building structure into the air-to-air heat exchanger and to pull hot air from the wood burning furnace into the air-to-air heat exchanger to improve the drying efficiency.
For claim 10, Gunter discloses the first fan 8 and the second fan 9 are each hot air induced draft fans.
For claim 14, Lee et al. discloses wherein the air-to-air heat exchanger 11 is connected to the building structure 1 at an upper portion of a wall of the building structure 1 (Fig. 2, via pipe 5).
For claim 15, Fig. 1 of Lee et al. shows the fuel burning furnace 16 and the air-to-air heat exchanger 11 are connected to the building structure 1 at a lower portion of the wall of the building structure. Gunter teaches a second fan 9 located downstream of the heat exchanger 4. The drying apparatus of Lee et al. as modified by Gunter et al. would result in the second fan is connected to the building structure at a low portion of the wall of the building structure.
Claims 7 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 9,200,834) in view of Kuno et al. (US 5,203, 092) and Gunter (WO 2018/157947 A1) as applied to claims 1 and 11 above, and further in view of Southworth (US 4,203,229).
The process and the drying apparatus of Lee et al. as modified by Kuno et al. and Gunter as above includes all that is recited in claims 7 and 16-17 except for the wood burning furnace generates a consistent level of heat that is between approximately 700 degrees Fahrenheit and 1000 degrees Fahrenheit; 10the hot air provided by the wood burning furnace has a temperature that varies by no more than 100 degrees Fahrenheit in any hour of operation. Southworth teaches a wood burning furnace 10 that generates consistent level of heat (col. 1, lines 48-54, discloses a heat source 10 capable of supplying heated gases at a known constant temperature, constant temperature is equivalent to consistent level of heat, constant temperature also being considered as a temperature that varies by no more than 100 degrees Fahrenheit in any hour of operation) that is between approximately 700 degrees Fahrenheit and 1000 degrees Fahrenheit (col. 3, lines 13-14 discloses a temperature range between 600°F to 1200°F which is considered as between approximately 700°F to 1000°F). Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to further modify the process and apparatus of Lee et al. to substitute the wood burning furnace 10 of Southworth for the fuel burning furnace 16 of Lee et al. in order to provide heated gas/hot air at a constant temperature for drying to obtain a uniform drying result.
Claims 8-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 9,200,834) in view of Kuno et al. (US 5,203, 092) and Gunter (WO 2018/157947 A1) as applied to claims 1 and 11 above, and further in view of Ball, Jr et al. (US 9,200,834).
The process and the drying apparatus of Lee et al. as modified by Kuno et al. and Gunter as above includes all that is recited in claims 8-9 and 18 except for wherein the recycled air is approximately between 300 degrees Fahrenheit and 500 degrees Fahrenheit as it enters the building structure; wherein the recycled air is between approximately 100 degrees Fahrenheit and 250 degrees Fahrenheit when it is extracted from the building structure. Ball, Jr et al. discloses a drying process and a drying apparatus wherein Lee discloses wherein the recycled air is approximately between 300 degrees Fahrenheit and 500 degrees Fahrenheit as it enters the building structure(col. 3, lines 41-42 disclose recycled air returns to the main drying section 300, i.e. building structure, at 450 degrees Fahrenheit which is within the claimed range). Ball, Jr. et al. also disclose the main drying section (i. e. building structure) set point is often between 240 degrees Fahrenheit and 260 degrees Fahrenheit (col. 3, lines 42-44, col. 6, lines 48-49) which means the recycled air that is extracted from the main drying section would be at temperature between 240 degrees Fahrenheit and 260 degrees Fahrenheit. As Lee discloses the heating medium (i.e. the recycled air) can be adjusted to maintain the temperature of the core of the wood (paragraph <51>) and Ball, Jr. et al. teaches a temperature range within or overlapping the claimed range, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drying method and apparatus of Lee et al to adjust the recycled air temperature to approximately between 300 degrees Fahrenheit and 500 degrees Fahrenheit as it enters the building structure or between 100°F to 250°F approximately when it is extracted from the building structure as applicant appears to have placed no criticality on the claimed range and since it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257,191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F2d 1575,16 USPQ2D 1934 (Fed, Cir. 1990).
Response to Arguments
Applicant’s arguments, see pages 7-10, filed 11/13/2025, with respect to specification objection to the new drawing have been fully considered and are persuasive. The objection of specification has been withdrawn. Claim rejection under35 USC112 is also withdrawn in view of the claim amendments.
Applicant's arguments filed 11/13/2025 with respect to the 103 rejections have been fully considered but they are not persuasive. On pages 11-12, the applicant argued that the cited prior art does not disclose a drying system that uses an air-to-air heat exchanger in a manner that prevents the air sources from mixing and/or that prevents the “dirty” air from the furnace from entering the building. On the contrary, Lee disclosure expressly includes a “mixer” for blending the air from the “combustor”) (i.e. the furnace) with that of the “drying chamber” (i.e. the building structure). In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., means ensuring that exhaust does not enter the drying chamber) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims 1 and 11 only recite an air-to-air heat exchanger that exchanges heat from wood burning furnace and recycled air out of the building structure indirectly and returns the recycled air to the building structure. The argued feature regarding prevent the “dirty” air from the furnace from entering the building or means ensuring that exhaust does not enter the drying chamber is not claimed. The combination of Lee, Gunter and Kuno does show the claimed invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA J YUEN whose telephone number is (571)272-4878. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL G HOANG can be reached on (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jessica Yuen/
Primary Examiner
Art Unit 3762
JY