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 Claims
Claims 1, 2, 4, and 5 are currently amended, Claim 3 is as originally filed, Claims 6, 7, and 10-12 are as previously presented, and Claims 8 and 9 are withdrawn.
Claim Rejections - 35 USC § 103
Claims 1-7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hagihara et al (US 11,053,559 B2), which is in the same patent family as JP 2017-179574 A, in view of Suwa et al (US 5,149,261) and D’Agostini (US 2018/0237323 A1).
Hagihara et al teaches a melting and refining furnace and as represented in the annotated drawings:
PNG
media_image1.png
478
637
media_image1.png
Greyscale
PNG
media_image2.png
382
814
media_image2.png
Greyscale
The supply hole 4A reads on the claimed “through-hole.” The reference numbers for FIGs. 2 and 4 are defined in column 4. The claimed first gas flow pipe for supplying the combustion-supporting gas is taught by the combustion supporting fluid pipes 18 and 20. The fuel flow path for the fuel gas is taught by fuel fluid supply pipe 19. Pipes 18 and 20 “sandwich” pipe 19. However, Hagihara et al does not teach a high-temperature gas generator or a flow rate control unit to independently control the gas flow rates as claimed.
Regarding a high-temperature gas generator, Suwa et al teaches an oxygen heater as represented below in the drawing:
PNG
media_image3.png
402
652
media_image3.png
Greyscale
The reference numbers for FIG. 3 are defined in columns 11-13. Oxygen at 106 reads on “a first gas flow path pipe for supplying the combustion-supporting gas to the burner.” Auxiliary combustion oxygen nozzles 107 read on “a second gas flow path pipe for supplying the gas to be heated to the pre-heating chamber.” Suwa et al teaches the following:
In place of the oxygen-supplying passage 105, there may be employed two passages for supplying oxygen respectively to the outlet and nozzle holes 106 and 107. Alternatively, oxygen may be supplied by two passages branched before the oxygen was introduced into outer cylinder 101 of the lance. However, these arrangements are not preferred since it causes complications in the construction of the lance (column 12, line 64 to column 13, line 4).
A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Nonpreferred and alternative embodiments constitute prior art. Disclosed examples and preferred embodiments do not constitute teaching away from a broader disclosure or nonpreferred embodiments. See MPEP § 2123. Therefore, Suwa et al teaches an embodiment where the first and second gas flow path pipes for 106 and 107 are separated from one another and supplied by a single source (“two passages branched”). Suwa et al teaches the first gas flow path and the second gas flow path are connected to a combustion-supporting gas supply source. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the oxygen heater of Suwa et al to supply oxygen to the burner lance of Hagihara et al, since Suwa et al teaches providing an oxygen heater capable of heating a large quantity of oxygen efficiently without severely lowering the purity of oxygen (column 3, lines 40-44), which is required in the refining of ferrous and nonferrous metals (column 1, lines 10-12).
Regarding independently controlling the gas flow rates, D’Agostini teaches a double-staged oxy-fuel burner as represented below in the annotated drawing:
PNG
media_image4.png
395
667
media_image4.png
Greyscale
At least one furnace parameter is measured including a furnace temperature profile, a furnace exit gas temperature, and furnace gas exit composition and controlling one or more of the firing rate, oxygen/fuel ratio, and distribution of secondary oxygen for at least one of the oxy-fuel burners [0030] using a controller [0043]. The amount of flow apportioned between annular conduit 30 and staging inlet 42 is controlled by a variable flow restrictor 38A three-way valve 44 downstream of the staging inlet 44 apportions the second reactant [0127]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the control system of D’Agostini with the system of Hagihara et al, since D’Agostini teaches the fuel-lean mixture serves to ignite the underside of the fuel-rich mixture, forming a very high temperature flame interface that propagates across the combustion space, while soot is formed throughout the remainder of the fuel-rich mixture flowing atop the newly formed, very high temperature flame interface. Due to the wide nature of the flame cross-section, radiation is predominantly emitted in the vertical direction, either upwards or downwards. Upwards radiation serves to heat and ignite the optically thick soot region and is thus largely blocked from direct penetration through the soot to the furnace crown, thereby keeping the crown relatively cool. By contrast, the downward radiation has a clear path to the bottom of the furnace where it can efficiently deliver heat to the glass melt in an unobstructed manner [0191].
Regarding Claim 2, Suwa et al teaches a combustion chamber 4 (FIG. 1), a fuel flow path a, a combustion-supporting gas flow path 106, and a gas to be heated flow path 107 (FIG. 3). Path 107 bypasses the combustion chamber.
Regarding Claim 3, Suwa et al teaches the internal wall 2 (FIG. 1) may be provided with a cooling jacket (column 4, lines 25-28).
Regarding Claim 4, Hagihara et al teaches a thermometer which is configured to measure temperature in the furnace. Hagihara et al also teaches a control device which is configured to receive a measured value of a furnace temperature from the thermometer and a measured value of a component concentration and a flow rate from the exhaust gas analyzer, analyze the measured values, and transmit a control signal for controlling a supply amount of the combustion-supporting fluid, the fuel fluid, and the carbon source which are supplied into the furnace (column 2, lines 20-52), which reads on the burner-lance. Suwa et al teaches a control means for controlling the flow rate of oxygen supplied to the combustion chamber (column 4, lines 10-15); the fuel supply means supplies fuel at a predetermined flow rate (lines 38 and 39).
Regarding Claim 5, D’Agostini teaches a discharge passage as exhaust flues in the melting region in the furnace [0131]. The furnace parameters include furnace exit gas temperature, furnace temperature profile, and furnace gas exit composition [0030]. One or more of the firing rate, oxygen/fuel ratio, and distribution of secondary oxygen for at least one of the oxy-fuel burners [0030] are controlled.
Regarding Claim 6, Suwa et al teaches the combustion-supporting gas is oxygen (FIG. 3).
Regarding Claim 7, Suwa et al teaches the gas to be heated is oxygen (FIG. 3).
Regarding Claim 10, Suwa et al teaches the temperature of the mixed hot gas is 700-1000 °C (column 6, lines 61-63), which overlaps the claimed range. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists because the prior art discloses the utility of the composition over the entire disclosed range. See MPEP § 2144.05.
Regarding Claim 11, Suwa et al teaches the pre-heating chamber is upstream from the oxygen burner lance, and Hagihara et al teaches the lance is upstream of the furnace interior.
Regarding Claim 12, Suwa et al teaches oxygen may be supplied by two passages branched before the oxygen was introduced into outer cylinder 101 of the lance, which reads on a combustion-supporting gas supply source configured to supply both gases.
Response to Arguments
Applicant's arguments filed 05/11/2026 have been fully considered but they are not persuasive due to the claim amendments and the rejection of the claims over Hagihara et al in view of Suwa et al and D’Agostini as applied above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Anderson (US 4,541,796) teaches using an oxygen burner in a furnace, where the furnace can be used for heating a metal charge or glass charge (column 4, lines 52-59).
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 Tima M. McGuthry-Banks whose telephone number is (571)272-2744. The examiner can normally be reached Monday through Friday, 7:30 am to 4:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith D. Hendricks can be reached at (571) 272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Tima M. McGuthry-Banks
Primary Examiner
Art Unit 1733
/Tima M. McGuthry-Banks/Primary Examiner, Art Unit 1733
Prosecution Insights