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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/02/2026 has been entered.
Status of Rejections
The objections to the claims are withdrawn in view of applicant’s amendments.
All previous rejections are withdrawn in view of applicant’s amendments.
New grounds of rejection are necessitated by applicant’s amendments.
Claims 1-21 are pending and under consideration for this Office Action.
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 1-21 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “one or more metal-oxide-containing anodes” in line 2, and the claim also recites “a plurality of anodes” in line 7, which is the narrower statement of the range/limitation. Claim 11 similarly recites the broad recitation “one or more metal-oxide-containing anodes” in line 2, and the claim also recites “a plurality of anodes” in lines 7-8, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Any claims dependent on the above claim(s) are rejected for their dependence.
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 1-11 and 13-21 are rejected under 35 U.S.C. 103 as being unpatentable over D’Astolfo et al. (U.S. 2014/0048421) in view of Berry (U.S. Patent No. 3,871,984).
Regarding claim 1, D’Astolfo teaches a method for detecting a thermite reaction in an electrolytic cell (see e.g. Paragraph 0004) comprising at least one anode assembly of one or more metal-oxide-containing anodes (see e.g. Figs. 1A and 7, electrolytic cell 1 including one or more anode assemblies 101 including one or more groups of anodes 2 comprising metal oxides; Paragraphs 0083 and 0070), at least one cathode (see e.g. Fig. 1A, at least one cathode 3; Paragraph 0071, lines 3-4, and Paragraph 0040, lines 3-4), an electrolytic bath (see e.g. Fig. 1A, electrolytic bath 5; Paragraph 0071, lines 3-4), and a current supply buss configured for providing a current to the at least one anode assembly through a distinct anode rod for each anode assembly (see e.g. Fig. 7, source of current, i.e. buss, from which current is delivered to anode electrical connection 280, i.e. anode rod, of the anode assembly 101; Paragraph 0086, lines 1-3), wherein the anode rod for each anode assembly is configured for feeding the current through a supporting beam connected to the anode rod (see e.g. Figs. 7-8, current passes through beam with current supplies 290 connected to anode electrical connection 280; Paragraph 0086, lines 1-3), through a plurality of stubs extending from the supporting beam to a plurality of distribution plates (see e.g. Figs. 7-8, current passes from current supplies 290 on the beam through current supply stubs 295 into distributor plates 110; Paragraph 0086, lines 1-5), and through the distribution plates to a plurality of anodes connected to each distribution plate (see e.g. Figs. 7-8, distributor plates 110 each distribute current to group of connected anodes 2; Paragraph 0086, lines 5-8), the method comprising:
measuring a voltage drop, the voltage drop corresponding to a current flow in each anode assembly (see e.g. Paragraphs 0084 and 0087, voltage probes measure voltage drop associated with the anode assembly indicative of the current through the anodes);
computing from the measured voltage a voltage drop derivative (see e.g. Paragraph 0100, lines 5-10, determined average voltage drop signal, rate of change in voltage drop signal or rate of voltage drop increase or decrease), wherein the voltage drop derivative is computed when the electrolytic cell comprises a plurality of anode assemblies (see e.g. Figs. 1A and 7, electrolytic cell 1 including one or more anode assemblies 101 including one or more groups of anodes 2); and
detecting the thermite reaction upon occurrence of one or more of: a voltage drop exceeding at least one voltage threshold level (see e.g. Paragraph 0098, lines 1-6, and Paragraph 0100, lines 1-8, thermite response signal indicative of thermite reaction generated when voltage drop signal exceeds voltage drop threshold such as an acceptable or upper range of voltage drop signals), wherein each voltage threshold level is a predetermined voltage drop previously associated with a thermic reaction (see e.g. Paragraph 0102); and a variation in the voltage drop derivative (see e.g. Paragraph 0100, lines 5-10, rate of voltage drop increase or decrease as the predetermined voltage drop threshold value).
D’Astolfo does not explicitly teach the voltage drop being measured using at least one pair of voltage probes located on the anode rod of each anode assembly. D’Astolfo does however teach embodiments of the voltage drop being measured across a known point in the anode assembly supporting the anodes or anode distribution plates via at least one, e.g. two, points at a measurement location (see e.g. Paragraphs 0022 and 0079), and that voltage drop associated with an anode may be detected at various points along the electrical current supply path to the anode including the anode rod (see e.g. Paragraph 0124, lines 1-7, anode electrical connection in anode electrical path), with the anode rod also taught as a position to which a probe may be mechanically connected (see e.g. Paragraph 0088, lines 5-9).
Berry teaches a system for controlling a plurality of alumina reduction cells each including a plurality of anodes, i.e. anode assemblies (see e.g. Col. 1, lines 26-28), wherein a respective anode rod/stem supporting each anode has anode current measuring means comprising two electrical leads, i.e. probes, connected at separate points along the rod/stem for deriving a voltage differential, i.e. voltage drop, between the two points indicative of the anode current (see e.g. Fig. 1, leads 38 and 40 on each anode rod/stem 12 connected to respective anodes 11; Col. 2, lines 24-27 and 57-67, and Col. 12, lines 47-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of D’Astolfo to comprise measuring the voltage drop using a pair of voltage probes located on the anode rod of each anode assembly as taught by Berry as an additional suitable known location on the anode assembly supporting the anodes/distribution plates along the current supply path of the anodes across which a representative voltage drop can be measured. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Regarding claim 2, modified D’Astolfo teaches, upon detection of the thermite reaction, adjusting at least one operation parameter of the electrolytic cell to mitigate and/or suppress the thermite reaction (see e.g. D’Astolfo Paragraphs 0106-0107).
Regarding claim 3, modified D’Astolfo teaches sending a signal to an operator of the electrolytic cell upon detection of a thermite reaction (see e.g. D’Astolfo Paragraph 0035).
Regarding claim 4, modified D’Astolfo teaches the threshold voltage levels being based on past operational data of the electrolytic cell (see e.g. D’Astolfo Paragraphs 0025 and 0102).
Regarding claim 5, modified D’Astolfo teaches the threshold voltage levels computer derived threshold levels derived from at least one of past operational data of the electrolytic cell, operation parameters, and composition of the electrolytic cell (see e.g. D’Astolfo Paragraphs 0028 and 0101).
Regarding claim 6, modified D’Astolfo teaches the thermite reaction being detected when a variation in the voltage drop exceeds a threshold variation and/or the variation in the voltage drop derivative exceeds the threshold variation (see e.g. D’Astolfo Paragraph 0098, lines 1-6, and Paragraph 0100, thermite reaction indicated by exceeding voltage drop threshold value which may be a rate of change in voltage drop signal and/or rate of change in voltage drop increase or decrease).
Regarding claim 7, modified D’Astolfo teaches adjusting the at least one operational parameter of the electrolytic cell to mitigate and/or suppress the thermite reaction comprising one or more of: changing an anode to cathode overlap (ACO) of one or more anode assemblies, removing one or more anode assemblies from the electrolytic bath, changing the current supplied to the one or more anode assemblies or the electrolytic cell, changing a temperature of the electrolytic bath, and changing a chemistry of the electrolytic bath (see e.g. D’Astolfo Paragraphs 0037 and 0106).
Regarding claim 8, modified D’Astolfo teaches, when the voltage drop of the one or more anode assemblies exceeds the at least one voltage threshold level, adjusting at least one operational parameter of the electrolytic cell by taking into account one or more of the exceeded voltage threshold values (see e.g. D’Astolfo Paragraphs 0104-0106, changes determined to be needed and effected by the control system upon the monitored voltage drop signal exceeding the voltage drop threshold).
Regarding claim 9, modified D’Astolfo teaches, upon detection of the thermite reaction, adjusting at least one operational parameter of the electrolytic cell by taking into account: a magnitude of the voltage drop and/or a magnitude of the voltage drop derivative (see e.g. D’Astolfo Paragraphs 0099 and 0108, severity of changes effected by control system upon receiving thermite response signal commensurate with magnitude of voltage drop or magnitude of voltage drop increase).
Regarding claim 10, modified D’Astolfo teaches filtering the voltage drop (see e.g. D’Astolfo Paragraph 0076).
Regarding claim 11, D’Astolfo teaches a system for detecting a thermite reaction in an electrolytic cell (see e.g. Paragraph 0004) comprising at least one anode assembly of one or more metal-oxide-containing anodes (see e.g. Figs. 1A and 7, electrolytic cell 1 including one or more anode assemblies 101 including one or more groups of anodes 2 comprising metal oxides; Paragraphs 0083 and 0070), at least one cathode (see e.g. Fig. 1A, at least one cathode 3; Paragraph 0071, lines 3-4, and Paragraph 0040, lines 3-4), an electrolytic bath (see e.g. Fig. 1A, electrolytic bath 5; Paragraph 0071, lines 3-4), and a current supply buss configured for providing a current to the at least one anode assembly through a distinct anode rod for each anode assembly (see e.g. Fig. 7, source of current, i.e. buss, from which current is delivered to anode electrical connection 280, i.e. anode rod, of the anode assembly 101; Paragraph 0086, lines 1-3), wherein the anode rod for each anode assembly is configured for feeding the current through a supporting beam connected to the anode rod (see e.g. Figs. 7-8, current passes through beam with current supplies 290 connected to anode electrical connection 280; Paragraph 0086, lines 1-3), through a plurality of stubs extending from the supporting beam to a plurality of distribution plates (see e.g. Figs. 7-8, current passes from current supplies 290 on the beam through current supply stubs 295 into distributor plates 110; Paragraph 0086, lines 1-5), and through the distribution plates to a plurality of anodes connected to each distribution plate (see e.g. Figs. 7-8, distributor plates 110 each distribute current to group of connected anodes 2; Paragraph 0086, lines 5-8), the system comprising:
a measurement module, for each of the at least one anode assembly, for measuring a voltage drop, the voltage drop corresponding to a current flow in the anode assembly (see e.g. Paragraphs 0084 and 0087, voltage probes measure voltage drop associated with the anode assembly indicative of the current through the anodes),
a processor module (see e.g. Fig. 1A, monitoring device 200; Paragraph 0071, lines 5-6) configured to:
compute from the measured voltage drop a voltage drop derivative (see e.g. Paragraph 0100, lines 5-10, determined average voltage drop signal, rate of change in voltage drop signal or rate of voltage drop increase or decrease), wherein the voltage drop derivative is computed when the electrolytic cell comprises a plurality of anode assemblies (see e.g. Figs. 1A and 7, electrolytic cell 1 including one or more anode assemblies 101 including one or more groups of anodes 2); and
detect the thermite reaction upon occurrence of one or more of: a voltage drop exceeding at least one voltage threshold level (see e.g. Paragraph 0098, lines 1-6, and Paragraph 0100, lines 1-8, thermite response signal indicative of thermite reaction generated when voltage drop signal exceeds voltage drop threshold such as an acceptable or upper range of voltage drop signals), wherein each voltage threshold level is a predetermined voltage drop previously associated with a thermic reaction (see e.g. Paragraph 0102); and a variation in the voltage drop derivative (see e.g. Paragraph 0100, lines 5-10, rate of voltage drop increase or decrease as the predetermined voltage drop threshold value).
D’Astolfo does not explicitly teach the measurement module comprising a pair of voltage probes located on the anode rod of the anode assembly. D’Astolfo does however teach embodiments of the voltage drop being measured across a known point in the anode assembly supporting the anodes or anode distribution plates via at least one, e.g. two, points at a measurement location (see e.g. Paragraphs 0022 and 0079), and that voltage drop associated with an anode may be detected at various points along the electrical current supply path to the anode including the anode rod (see e.g. Paragraph 0124, lines 1-7, anode electrical connection in anode electrical path), with the anode rod also taught as a position to which a probe may be mechanically connected (see e.g. Paragraph 0088, lines 5-9).
Berry teaches a system for controlling a plurality of alumina reduction cells each including a plurality of anodes, i.e. anode assemblies (see e.g. Col. 1, lines 26-28), wherein a respective anode rod/stem supporting each anode has anode current measuring means comprising two electrical leads, i.e. probes, connected at separate points along the rod/stem for deriving a voltage differential, i.e. voltage drop, between the two points indicative of the anode current (see e.g. Fig. 1, leads 38 and 40 on each anode rod/stem 12 connected to respective anodes 11; Col. 2, lines 24-27 and 57-67, and Col. 12, lines 47-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the measurement module of D’Astolfo to comprise a pair of voltage probes located on the anode rod of each anode assembly for measuring the voltage drop as taught by Berry as an additional suitable known location on the anode assembly supporting the anodes/distribution plates along the current supply path of the anodes across which a representative voltage drop can be measured. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Regarding claim 13, modified D’Astolfo teaches the threshold voltage levels being based on past operational data of the electrolytic cell (see e.g. D’Astolfo Paragraphs 0025 and 0102).
Regarding claim 14, modified D’Astolfo teaches the threshold voltage levels computer derived threshold levels derived from at least one of past operational data of the electrolytic cell, operation parameters, and composition of the electrolytic cell (see e.g. D’Astolfo Paragraphs 0028 and 0101).
Regarding claims 15-16, modified D’Astolfo teaches the processor module being configured to detect the thermite reaction when a variation in voltage drop exceeds a threshold variation and/or the variation in the voltage drop derivative exceeds the threshold variation (see e.g. D’Astolfo Paragraph 0098, lines 1-6, and Paragraph 0100, thermite reaction indicated by exceeding voltage drop threshold value which may be a rate of change in voltage drop signal and/or rate of change in voltage drop increase or decrease).
Regarding claim 17, modified D’Astolfo teaches a control module operatively connected to the processor module (see e.g. D’Astolfo Fig. 1A, pot control system 300 with which the monitoring device 200 communicates; Paragraph 0072, lines 4-5) configured to adjust at least one operational parameter of the electrolytic cell to mitigate and/or suppress the thermite reaction comprising one or more of: changing an anode to cathode overlap (ACO) of one or more anode assemblies, removing one or more anode assemblies from the electrolytic bath, changing the current supplied to the one or more anode assemblies or the electrolytic cell, changing a temperature of the electrolytic bath, and changing a chemistry of the electrolytic bath (see e.g. D’Astolfo Paragraphs 0037 and 0106).
Regarding claim 18, modified D’Astolfo teaches, when the voltage drop of the one or more anode assemblies exceeds the at least one voltage threshold level, the process module being configured to adjust at least one operational parameter of the electrolytic cell by taking into account one or more of the exceeded voltage threshold values (see e.g. D’Astolfo Paragraphs 0104-0106, changes determined to be needed and effected by the control system upon the monitored voltage drop signal exceeding the voltage drop threshold).
Regarding claim 19, modified D’Astolfo teaches, upon detection of the thermite reaction, the process module being configured to adjust at least one operational parameter of the electrolytic cell by taking into account: a magnitude of the voltage drop and/or a magnitude of the voltage drop derivative (see e.g. D’Astolfo Paragraphs 0099 and 0108, severity of changes effected by control system upon receiving thermite response signal commensurate with magnitude of voltage drop or magnitude of voltage drop increase).
Regarding claim 20, modified D’Astolfo teaches the process module being further configured to filter the voltage drop (see e.g. D’Astolfo Paragraph 0076).
Regarding claim 21, modified D’Astolfo teaches an electrolytic cell comprising the system for detecting a thermite reaction as claimed in claim 11 (see e.g. D’Astolfo Paragraph 0004 and rejection of claim 11 cited above), the at least one anode assembly of the one or more metal-oxide-containing anodes (see e.g. D’Astolfo Figs. 1A and 7, electrolytic cell 1 including one or more anode assemblies 101 including one or more groups of anodes 2 comprising metal oxides; Paragraphs 0083 and 0070), the at least one cathode (see e.g. D’Astolfo Fig. 1A, at least one cathode 3; Paragraph 0071, lines 3-4, and Paragraph 0040, lines 3-4), the electrolytic bath (see e.g. D’Astolfo Fig. 1A, electrolytic bath 5; Paragraph 0071, lines 3-4), and the current supply buss providing the current to the at least one anode assembly through the distinct anode rod for each anode assembly (see e.g. D’Astolfo Fig. 7, source of current, i.e. buss, from which current is delivered to anode electrical connection 280, i.e. anode rod, of the anode assembly 101; Paragraph 0086, lines 1-3).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over D’Astolfo in view of Berry, as applied to claim 11 above, and further in view of Evans et al. (U.S. 2006/0176175).
Regarding claim 12, modified D’Astolfo teaches all the elements of the system of claim 11 as stated above. Modified D’Astolfo further teaches the process module sending a signal to an operator of the electrolytic cell upon detection of the thermite reaction (see e.g. D’Astolfo Paragraphs 0035 and 0118). Modified D’Astolfo does not explicitly teach a network interface module operatively connected to the processor module for sending the signal.
Evans teaches a sensing system for sensing conditions or characteristics associated with an aluminum reduction process in a Hall-Heroult cell (see e.g. Paragraph 0007, lines 1-5) comprising a base station implemented via a computer which sends and receives signals among a network of nodes, i.e. as a network interface, and can provide data from the nodes and reports on condition to human operators (see e.g. Paragraph 0085, lines 1-13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor module of the system of modified D’Astolfo to comprise a base station which sends and receives signals, i.e. as a network interface, as taught by Evans as a particular suitable means of providing reports of cell condition, such as the signal indicating detection of the thermite reaction, to a human operator. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 09/02/2026, with respect to the rejection(s) of amended claim(s) 1 and 11 under 35 USC 102 over D’Astolfo, particularly regarding the measurement of voltage drop across a pair of voltage probes on an anode rod with the amended features, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of D’Astolfo and Berry.
On pages 11-13, Applicant argues that D’Astolfo teaches away from or discourages the placement of voltage probes in the locations recited in claim 1, particularly as D’Astolfo discloses maximizing the distance between voltage probes for voltage drop measurement by placing them on two different structures spaced from each other. This is not considered persuasive. Though D’Astolfo teaches the voltage probes placed on different structures spaced from each other “in another embodiment”, it is not limited thereto, and even teaches that such configurations have disadvantages of requiring more signals and wire attachment sites (see e.g. Paragraph 0081). D’Astolfo more generally teaches that voltage probes can be attached to one or more locations of the anode assembly (see e.g. Paragraph 0044), wherein voltage drop may be measured with probes between more than one, e.g. two, measuring points on a voltage drop measurement location (see e.g. Paragraph 0079). D’Astolfo further teaches embodiments of the voltage drop being measured across a known point in the anode assembly supporting the anodes or anode distribution plates (see e.g. Paragraph 0022), and that voltage drop associated with an anode may be detected at various points along the electrical current supply path to the anode including the anode electrical connection/anode rod (see e.g. Paragraph 0124, lines 1-7). Though the anode electrical connection/anode rod is not explicitly exemplified by D’Astolfo as one of the measurement locations for voltage drop, it is taught as another part of the anode assembly supporting the anode distribution plates/anodes through which the same current passes (see e.g. Paragraph 0086 and Paragraph 0124, lines 1-7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al. (“Online Anode Current Signal in Aluminum Reduction Cells: Measurements and Prospects”, JOM, 2016) discloses an aluminum reduction cell in which anode current distribution is monitored via a continuous measuring device including a pair of probes mounted on the anode rod that measure an isometric voltage drop.
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/MOFOLUWASO S JEBUTU/Examiner, Art Unit 1795
