DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/3/2026 has been entered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
a conveyor system disposed within the solar tower, wherein the conveyor system is configured to transport the organic matter within the hollow interior of the solar tower, as recited in claim 1.
a control system configured to control transportation of the organic matter via the conveyor system, as recited in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The corresponding structures described in the specification are:
conveyor system [Wingdings font/0xE0] conveyor belt, roller conveyors, chain conveyors, screw or auger conveyors, chutes, horizontal conveyors, vertical conveyors, spiral conveyors, and vibrating conveyors (see pgpub; para. 31)
control system [Wingdings font/0xE0] programable automated system, or may be a manual system to be controlled by an operator (see pgpub; para. 45)
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-6, 10-13, 15, 20, 41-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weir (WO 2020051631 A1) in view of Millar (US 20220113088 A1), and Strong (US 20150010679 A1).
Regarding claim 1, Weir discloses a system for drying organic matter, the system comprising:
a. a solar tower (structure 100) clad in a transparent or translucent covering, comprising a hollow interior to allow components to be disposed within the solar tower (para. 46), wherein solar radiation is directed through the transparent or translucent covering directly into the hollow interior (the tower 100 is a greenhouse and a greenhouse is a structure comprising a transparent or translucent cover where light enters through the cover directly into the hollow interior; para. 45);
b. a conveyor system disposed within the solar tower, wherein the conveyor system is configured to transport the organic matter within the hollow interior of the solar tower (para. 47);
c. a plurality of sensors disposed within the solar tower (para. 17, 18), and operatively coupled to a control system for collecting information comprising temperature, relative humidity, water content of the organic matter, and providing the information to the control system as appropriate for weather conditions and the organic matter (paras. 16, 19, 20, 53, 54), and
d. the control system operatively connected to the conveyor system, the control system configured to control transportation of the organic matter via the conveyor system (para. 51), a plurality of fans such that the organic matter is dried (paras. 55, 81).
Weir fails to disclose:
sensors disposed on the conveyor system and on an exterior of the solar tower;
a plurality of water condensers;
wherein the organic matter is dried by a thermal gradient caused by the solar radiation within the hollow interior, causing air in an upper portion of the hollow interior to be hotter than air in a lower portion of the hollow interior such that the plurality of fans circulate the air in the upper portion of the hollow interior throughout the lower portion of the hollow interior; and
wherein the conveyor system is configured to transport the organic matter from
the lower portion of the hollow interior to the upper portion of the hollow interior;
Weir discloses placing the sensors in each zone of the solar tower (para. 51, but the precise location is not disclosed; however, disposing the sensors on the conveyor system is a matter of obvious design choice. The particular placement is not critical since the sensors can be placed anywhere in the zone, including in a position attached to the conveyor system, and still function as intended. Nevertheless, Official Notice is taken that placing a sensor on a conveyor system is well-known and common knowledge, and it would have been obvious to a person skilled in the art at the time of effective filing of the application to do so because it would be sturdy structure for holding and retaining the sensors (note: Applicant did not traverse the Official Notice; therefore, it is taken to be admitted prior art).
Strong teaches a heating chamber (Fig. 1, 40) for a pasteurization process, comprising:
a fan (Fig. 1; blower 52) circulating the air in the upper portion of the hollow interior throughout the lower portion of the hollow interior (Fig. 1 shows a plurality of nozzles 54 for circulating air from the blower, which is located in the upper portion of the hollow interior, downward throughout the lower portion of the hollow interior; see paras. 48, 52); and
wherein the conveyor system (20) is configured to transport the organic matter from
the lower portion of the hollow interior to the upper portion of the hollow interior.
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Weir where the plurality of fans circulate the air in the upper portion of the hollow interior throughout the lower portion of the hollow interior; and wherein the conveyor system is configured to transport the organic matter from the lower portion of the hollow interior to the upper portion of the hollow interior.
The motivation to combine is to provide a solar drying system that takes up less floor space by utilizing vertical space (a vertically oriented conveyor would take up less floor space than a horizontally oriented conveyor). Moreover, circulating the air in the upper portion of the hollow interior throughout the lower portion of the hollow interior ensures uniform temperatures, and uniform drying conditions inside the solar tower.
With the modification, there would be a thermal gradient within the tower of Weir because the interior air heated by the solar radiation would rise to the top, and the organic material would be dried by this thermal gradient as it moves from the lower portion of the hollow interior to the upper portion of the hollow interior.
Millar teaches a system for drying organic matter, comprising: a sensor (environment sensor 86; para. 50) disposed on an exterior of the solar tower; and a plurality of water condensers (dehumidifier 18, paras. 50, 58). Note: Millar also teaches a plurality of fans (Fig. 8; “circulations fans”) configured to circulate the air in the upper portion of the hollow interior throughout the lower portion of the hollow interior
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Weir to include a sensor disposed on an exterior of the solar tower and a plurality of water condensers. The motivation to include the condensers is to quickly dry the drying air and the organic material. The motivation to include the sensor is so that the external environmental conditions, such as temperature and relative humidity, can be used by the controller to control the fan and the condenser (Millar, para. 50, 53) and optimize drying conditions.
Regarding claim 2, modified Weir discloses the system of claim 1, wherein the system is configured to dry either a continuous flow of organic matter or a batch of organic matter (Weir, para. 9).
Regarding claim 3, modified Weir discloses the system of claim 1, wherein the conveyor system comprises one or more conveyors (Weir, para. 47).
Regarding claim 4, modified Weir discloses the system of claim 3, wherein the conveyor system comprises at least one of a linear conveyor, a spiral conveyor, an elevator, a chute, or a mobile conveyor container (Weir, para. 47).
Regarding claims 5, 6, modified Weir discloses the system of claim 3, including a conveyor, except Weir does not discuss the details of the conveyor; therefore, Weir does not disclose wherein two or more components of the conveyor system are powered by a shared motor (as recited in claim 5), and wherein two or more components of the conveyor system convey the organic matter at different speeds (as recited in claim 6).
However, Official Notice is taken that it is well-known and common knowledge where a conveyor system has two or more components powered by a shared motor, and that a conveyor can convey at different speeds (note: the Official Notice is taken to be admitted prior art since it was not traversed). For example, it is well-known that a belt conveyor has a belt, motor shaft, and gears, and that these components are driven by the same motor, and can be driven at different speeds.
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Weir wherein two or more components of the conveyor system are powered by a shared motor, and wherein two or more components of the conveyor system convey the organic matter at different speeds. The motivation to combine is to provide a workable conveyor for the conveyor disclosed in Weir.
Regarding claim 10, modified Weir discloses the system of claim 9, the plurality of fans are further configured to circulate air between the hollow interior of the solar tower and an exterior of the solar tower (Weir; paras. 12, 21; see also Fig. 6 of Millar teaching a plurality of fans configured to circulate air between the hollow interior of the solar tower and an exterior of the solar tower).
Regarding claim 11, modified Weir discloses the system of claim 1, wherein the system is configured to produce usable water (the condensate produced in the combination can be used for any number of things, such as use for watering the lawn or other vegetation).
Regarding claim 12, modified Weir discloses the system of claim 11, wherein the system additionally comprises a water condenser configured to condense moisture within the hollow interior of the solar tower and transport the condensed moisture to a water storage (note: according to Applicant’s specification, the water condenser recited for this claim is the same water condenser recited in claim 1) (Millar teaches a moisture measurement device used in conjunction with the dehumidifier to condense moisture out of the organic material, as well as a piping, valves, and a water container for transporting and holding the condensed moisture; para. 58 and Fig. 10).
Regarding claim 13, modified Weir discloses the system of claim 1, wherein the organic matter comprises an agricultural product, food waste, or manure (Weir, paras. 15, 63).
Regarding claim 15, modified Weir discloses (see rejection of claim 1 for citations) a method for drying organic matter, the method comprising: a. providing a solar tower having a transparent or translucent covering in which solar radiation causes a thermal gradient within the hollow interior, causing air in an upper portion of the hollow interior to be hotter than air in a lower portion of the hollow interior, wherein the solar radiation is directed through the transparent or translucent covering directly into the hollow interior; b. transporting the organic matter to a conveyor system disposed within the solar tower; and c. transporting the organic matter throughout the hollow interior via the conveyor system such that the organic matter is exposed to the thermal gradient caused by the solar radiation for a sufficient period of time to achieve a desired degree of dehydration; and d, circulating, by a plurality of fans disposed in the solar tower, the air in the upper portion of the hollow interior throughout the lower portion of the hollow interior; wherein the conveyor system is configured to transport the organic matter from the lower portion of the hollow interior to the upper portion of the hollow interior.
Regarding claim 20, modified Weir discloses the method of claim 15, wherein all of the energy required for heating the solar tower is generated by harnessing solar power (Weir, para. 10).
Regarding claim 41, modified Weir discloses the method of claim 15, wherein the solar tower further comprises a plurality of sensors disposed on the conveyor system, within the solar tower and on an exterior of the solar tower, operatively coupled to a control system for collecting information, wherein the control system is configured to receive the information from the plurality of sensors and use the information to determine a speed of the conveyor system, speed of fans, and operation of a water condenser system (see Millar and the modification made in the rejection of claim 1).
Regarding claim 42, modified Weir discloses the system of claim 1 further comprising a solar power system (photovoltaic module; para. 10 of Weir) except for converting solar radiation into power for the conveyor system, the plurality of sensors, the plurality of water condensers, the plurality of fans, and the control system. However, Official Notice is taken that it is well-known and common knowledge to power a wide range of electrical devices using PV modules (note: Applicant did not traverse the Official Notice; therefore, it is taken to be admitted prior art).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Weir where the photovoltaic module is used for converting sunlight into power for the conveyor system, the plurality of sensors, the plurality of water condensers, the plurality of fans, and the control system. The motivation to combine is so that the dryer is made portable, and does not need an external power supply.
Regarding claim 43, modified Weir discloses the system of claim 1, wherein the information collected by the plurality of sensors comprises temperature inside and outside the solar tower, relative humidity, and water content of the organic matter (see rejection of claim 1).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weir (WO 2020051631 A1) in view of Millar (US 20220113088 A1), and Strong (US 20150010679 A1), as applied to claim 1, and further in view of Downing (US 4064636 A).
Regarding claim 14, modified Weir discloses the system of claim 1, except one or more mixing components configured to mix the organic matter as it is transported by the conveyor system.
However, Downing teaches a cotton seed drying system, comprising one or more mixing components (conveyor-agitator) configured to mix the organic matter as it is transported by the conveyor system (abstract).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Weir to include one or more mixing components configured to mix the organic matter as it is transported by the conveyor system. The motivation to combine is to help uniformly and thoroughly dry the organic material by agitating the material.
Claim(s) 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weir (WO 2020051631 A1) in view of Millar (US 20220113088 A1), and Strong (US 20150010679 A1), as applied to claim 1, and further in view of Raudales (US 6922908 B1).
Regarding claim 44, modified Weir discloses the system of claim 1, except further comprising a heat sink disposed adjacent to an external surface of the solar tower for trapping additional radiant heat to be released into the solar tower after sunset to prolong drying time.
However, Raudales teaches a vegetable drying system, comprising a heat sink (Fig. 1, 102) disposed adjacent to an external surface (exterior wall) of the solar tower for trapping additional radiant heat to be released into the solar tower after sunset to prolong drying time (col. 6, lines 48-60 and col. 7, lines 42-45).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Weir to include a heat sink disposed adjacent to an external surface of the solar tower for trapping additional radiant heat to be released into the solar tower after sunset to prolong drying time. The motivation to combine is so that the drying operation can proceed in the daytime and nighttime, as taught by Raudales, resulting in improved operational flexibility.
Response to Arguments
Applicant asserts the following on page(s) 11 of the Remarks:
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Examiner’s Response:
In the rejection of claim 1, the tower (greenhouse) of Weir, which inherently would have a thermal gradient within caused by solar radiation, is modified to dry organic matter as it moves from the bottom of the tower to the top of the tower. The stated motivation to combine is to provide a solar drying system that takes up less floor space by utilizing vertical space. Therefore, there would be motivation to modify Weir to implement the feature of a thermal gradient caused directly by solar radiation.
Applicant asserts the following on page(s) 12 of the Affidavit:
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Examiner’s Response:
The Affidavit is acknowledged; however, the Inventor is reminded that the dryer of Weir is configured to dry a wide range of organic matter, including wood and biochar. Moreover, there could be different reasons for why one having ordinary skill in the art would have been motivated to modify the dryer of Weir to arrive at the claimed invention, and those reasons do not have to relate to drying fruits and vegetables.
Conclusion
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/JASON LAU/Primary Examiner, Art Unit 3762
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