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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02-26-2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2010/0175637 hereinafter Moller.
Regarding Claim 1, Moller teaches a catalytic heating system [1] (see figure 2) comprising: a housing assembly (burner housing) [3 and 4] that includes a fuel/gas tank [14], wherein gas via a regulator [15] is fed into a nozzle [16] with air that is provided via the pipeline [18] connected to the inlet port [12], and wherein the gas and air mixture is fed through a transport pipe [19] to the catalytic burner [20] having a catalytic element [21] in which the fuel gas is converted to carbon monoxide and water vapor, and wherein emission gases are fed through another pipe system [22] to an exhaust opening [23] in the opposite section of the housing assembly (paragraph 108). The recitation “…for a fuel cell system...” in the preamble is considered intended use and therefore not given patentable weight (see MPEP § 2111.02).
Moller further teaches that the catalytic burner [20] can have different geometrical shapes depending on the intended application and efficiency (i.e., a catalytic burner having a cross-sectional contour which deviates from a circular shape at least in some sections with respect to this longitudinal axis) (paragraphs 109-110, see figures 5-6 which teach curved catalyst and variations thereof).
Therefore, it would have been obvious to one of ordinary skill in the art to form a catalytic burner having a cross-sectional contour which deviates from a circular shape at least in some sections with respect to this longitudinal axis before the effective filing date of the claimed invention because Moller discloses that such modification can improve efficiency of the catalytic heating system (paragraph 109).
Claim(s) 2-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2010/0175637 hereinafter Moller in view of U.S. Pre-Grant Publication No. 2002/0106596 hereinafter Hermann and U.S. Patent No. 6,416,893 hereinafter Clingerman.
Regarding Claims 2-3, Moller teaches a catalytic heating system [1] (see figure 2) that comprises gas and air mixture that is fed through a transport pipe [19] to the catalytic burner [20] (paragraph 108).
Hermann teaches a catalytic burner that comprises fuel gas/oxygen mixture and having a separate air inlet that is fed to the burner element (paragraph 55). Therefore, it would have been obvious to one of ordinary skill in the art to form such separate air inlet before the effective filing date of the claimed invention because Hermann discloses that such modification can reduce the rate of the catalytic reaction and as such succeeds in metering air over the entire length and width of the catalytic combustion zone, i.e. the reaction gap, in a controlled way (paragraph 55).
Additionally, Clingerman teaches that the combustor (catalytic burner) comprises a fast response air bypass valve in a parallel air flow path with an air flow inlet path to the combustor (column 3, lines 28-31). Therefore, it would have been obvious to one of ordinary skill in the art to include such a valve in the air flow path before the effective filing date of the claimed invention because such modification can control the quantity of air supplied to the combustor.
Regarding Claim 4, the combination teaches that the controlled supply of air is disposed in the burner outlet (column 6, lines 42-44 of Clingerman).
Regarding Claims 5-15, the combination teaches that the catalytic burner has a mixing section for the air/gas mixture (see description of Moller, Hermann, and Clingerman above), and the catalyst body having a cross-sectional contour configured for a radial outlet in relation to the longitudinal axis (paragraphs 109-110, see figures 5-6 which teach curved catalyst and variations thereof).
Therefore, it would have been obvious to one of ordinary skill in the art to form a catalytic burner that can have different geometrical shapes before the effective filing date of the claimed invention because Moller discloses that such modification can improve efficiency of the catalytic heating system (paragraph 109).
Regarding Claim 16, the combination teaches a fuel cell system comprising the catalytic burner device described above (see paragraphs 44-45 of Hermann and Abstract of Clingerman).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571)272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
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