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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/29/2026 has been entered.
Response to Arguments
Applicant’s arguments filed 6/29/2026 with respect to the rejection(s) of claims 1-12 under 35 USC 112(a) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments filed with respect to amended claims 13-18 being novel over the prior art of record 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 Therefore, the rejection has been withdrawn.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 Curtis and Pulsfort.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kurt (Evaluation of Solar Sludge Drying Alternatives on Costs and Area Requirements, applicant provided) in view of Pan (CN 102381826A, applicant provided) and in view of Pulsfort (DE19851793A1).
As for claim 1, Kurt discloses a method of drying a material, comprising performing at least one of depositing a material to be dried in a material drying system (fig. 2.14, p. 26); the material beginning in a generally liquid or semi-liquid state; back mixing the material in a dry state into the material that is in the liquid state, the semi-solid state, or a sticky state (p. 28, first paragraph); back-mixing the material in a dry state into he material that is in the liquid state, the semi-solid state, or a sticky state (p. 17, 2nd last paragraph), mixing the material within the material drying system (p. vi, 1st paragraph); drying at least a portion of the material contained in the material drying system to a selected target percentage of solids content (Table 4.12, p. 100), wherein energy utilized for drying the material is principally derived from a relative humidity deficit of the air (fig. 2.16, relatively dry ambient air); and removing at least a portion of the dried material from the material drying system (Table 4.12, p. 100, sludge removed after reaching final dryness level).
Kurt discloses the claimed invention except for expressly disclosing mixing the material within the material drying system to a self-supporting state; configuring the material to maximize a surface area of the material in contact with an ambient air. Pan teaches mixing the material within the material drying system to a self-supporting state (fig. 5); configuring the material to maximize a surface area of the material in contact with an ambient air (fig. 5) in order to increase surface area so as to accelerate drying. Kurt would benefit equally from increasing surface area so as to accelerate drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with mixing the material within the material drying system to a self-supporting state; configuring the material to maximize a surface area of the material in contact with an ambient air as taught by Pan in order to increase surface area so as to accelerate drying.
Kurt discloses the claimed invention except for energy utilized for drying the material is principally derived from a relative humidity deficit of atmospheric ambient air. Pulsfort teaches energy utilized for drying the material is principally derived from a relative humidity deficit of atmospheric ambient air (p. 5, 2nd last full paragraph) in order to take advantage of the relative humidity deficit of ambient air to achieve a lower cost drying without the need for a solar enhanced enclosure. Kurt would benefit equally from taking advantage of the relative humidity deficit of ambient air to achieve a lower cost drying without the need for a solar enhanced enclosure. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with energy utilized for drying the material is principally derived from a relative humidity deficit of atmospheric ambient air as taught by Pulsfort in order to take advantage of the relative humidity deficit of ambient air to achieve a lower cost drying without the need for a solar enhanced enclosure.
As for claims 2 and 3, Pan teaches the step of forming a textured top surface of the material to maximize a surface area of the material (fig. 5); and further comprising the step of forming the material into a row, the row having one of a generally triangular a cross-section shape and a semi-circle cross-section shape (fig. 5, semi-circular) in order to increase surface area so as to accelerate drying. Kurt would benefit equally from increasing surface area so as to accelerate drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with the step of forming a textured top surface of the material to maximize a surface area of the material as taught by Pan in order to increase surface area so as to accelerate drying.
As for claim 4, Kurt discloses the step of configuring at least a portion of the material to have a granular form to provide a porous nature to the material at least adjacent a top surface of the material (p. 17, first paragraph, adding dry sludge to the mix as disclosed in applicant’s specification paragraph [0068]).
As for claim 5, Kurt discloses a material drying system for use in performing the method of Claim 1, the material drying system comprising: a drying bed for holding a material to be dried, the drying bed having a base including a peripheral edge (fig. 2.8, peripheral edge illustrated on right side), a wall disposed adjacent the peripheral edge (fig. 2.8, right side wall); a cover placed over the drying bed and configured to substantially prevent a second material from falling on the material held in the drying bed and permit a flow of the ambient air through the material drying system (fig. 2.16, ambient air illustrated moving from left to right under cover/roof); a handling tool disposed adjacent the drying bed, the handling tool configured to mix the material that is in contact with the ambient air flowing through the material drying system (fig. 2.12 and paragraph 2.5.2.2.2, p. 25); and a fan disposed adjacent at least one of the drying bed and the cover, the fan configured to facilitate the flow of the ambient air through the material drying system (fig. 3.8, illustrates ventilators).
Kurt discloses the claimed invention except for the handling tool configured to maximize a surface area of the material. Pan teaches the handling tool configured to maximize a surface area of the material (fig. 5) in order to increase surface area so as to accelerate drying. Kurt would benefit equally from increasing surface area so as to accelerate drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with the handling tool configured to maximize a surface area of the material as taught by Pan in order to increase surface area so as to accelerate drying.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kurt in view of Pan in view of Pulsfort as applied to claim 5 and further in view of Permuy Dobarro (US 2015/0075024).
Kurt discloses the claimed invention except for the base of the drying bed is air permeable and the flow of the ambient air is directed to flow through the base and the material held in the drying bed. Permuy Dobarro teaches the base of the drying bed is air permeable and the flow of the ambient air is directed to flow through the base and the material held in the drying bed (fig. 3, [0008]) in order to accelerate the drying process. Kurt would benefit equally from accelerating the drying process. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with the base of the drying bed is air permeable and the flow of the ambient air is directed to flow through the base and the material held in the drying bed as taught by Permuy Dobarro in order to accelerate the drying process.
As for claim 7, Kurt discloses the base includes a peripheral edge and a wall disposed adjacent the peripheral edge, the wall being air permeable and the flow of the ambient air is directed to flow through the wall and at least one of across and through the material held in the drying bed (fig. 2.16).
As for claim 8, Kurt discloses the cover for the drying bed includes a sidewall, the sidewall configured to facilitate the flow of the ambient air into the material drying system adjacent to the material (fig. 2.16).
Claims 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kurt in view of Curtis (US 4,238,890), in view of Pan, and in view of Pulsfort.
As for claim 9, Kurt discloses a method of drying a material comprising: providing a material drying system including: a drying bed for holding a material to be dried, the drying bed having a base (fig. 3.8) with a major axis and a minor axis (fig. 2.8); a cover placed over the drying bed and configured to substantially prevent a second material from falling on the material held in the drying bed and permit a flow of an ambient air through the material drying system, the cover to exclude rain water (fig. 2.16, cover will exclude rain water); a handling tool disposed adjacent the drying bed, the handling tool configured to mix the material that is in contact with the ambient air flowing through the material drying system (figs. 2.12, 2.16, and paragraph 2.5.2.2.2, p. 25), the handling tool to provide preparation of the material for drying and is used throughout the drying process to further configure and manipulate the material (fig. 2.15, capable of being used throughout the process); and a fan disposed adjacent at least one of the drying bed and the cover, the fan configured to facilitate the flow of the ambient air through the material drying system (fig. 3.8, illustrates ventilators), the material beginning in a generally liquid or semi-solid state (p. 29, top paragraph, sludge); back-mixing the material in a dry state into the material that is in the liquid state, the semi-solid state, or a sticky state (p. 17, 2nd last paragraph); configuring the material to maximize a surface area of the material in contact with the ambient air; drying at least a portion of the material contained in the material drying system to a selected target percentage of solids content (Table 4.12, p. 100), wherein energy utilized for a drying the material is derived from a relative humidity deficit of the ambient air is utilized to dry the material (fig. 2.16, fresh air inlet); and removing at least a portion of the dried material from the material drying system (examiner takes official notice that all of the processes disclosed in Kurt require removing at least a portion of the dried material from the material drying system as an end product result).
Kurt discloses the claimed invention except for the major axis of the base of the drying bed being positioned perpendicular to an atmospheric wind. Curtis teaches the major axis of the base of the drying bed being positioned perpendicular to an atmospheric wind (3:31-34) in order to provide rapid and efficient drying. Kurt would benefit equally from providing rapid and efficient drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with the major axis of the base of the drying bed being positioned perpendicular to an atmospheric wind as taught by Curtis in order to provide rapid and efficient drying.
Kurt discloses the claimed invention except for expressly disclosing the handling tool configured to mix the material and maximize a surface area; mixing the material within the material drying system to a self-supporting state. Pan teaches the handling tool configured to mix the material and maximize a surface area (fig. 5); Pan teaches mixing the material within the material drying system to a self-supporting state (fig. 5) in order to increase surface area so as to accelerate drying. Kurt would benefit equally from increasing surface area so as to accelerate drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with the handling tool configured to mix the material and maximize a surface area; mixing the material within the material drying system to a self-supporting state as taught by Pan in order to increase surface area so as to accelerate drying.
Kurt discloses the claimed invention except for energy utilized for drying the material is principally derived from a relative humidity deficit of atmospheric ambient air. Pulsfort teaches energy utilized for drying the material is principally derived from a relative humidity deficit of atmospheric ambient air (p. 5, 2nd last full paragraph) in order to take advantage of the relative humidity deficit of ambient air to achieve a lower cost drying without the need for a solar enhanced enclosure. Kurt would benefit equally from taking advantage of the relative humidity deficit of ambient air to achieve a lower cost drying without the need for a solar enhanced enclosure. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with energy utilized for drying the material is principally derived from a relative humidity deficit of atmospheric ambient air as taught by Pulsfort in order to take advantage of the relative humidity deficit of ambient air to achieve a lower cost drying without the need for a solar enhanced enclosure.
As for claims 10 and 11, Kurt discloses the claimed invention except for comprising the step of forming a textured top surface of the material to maximize a surface area of the material; further comprising the step of forming the material into a row, the row having one of a generally triangular a cross-section shape and a semi-circle cross-section shape. Pan teaches comprising the step of forming a textured top surface of the material to maximize a surface area of the material (fig. 5); further comprising the step of forming the material into a row, the row having one of a generally triangular a cross-section shape and a semi-circle cross-section shape (fig. 5, semi-circular) in order to increase surface area so as to accelerate drying. Kurt would benefit equally from increasing surface area so as to accelerate drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with comprising the step of forming a textured top surface of the material to maximize a surface area of the material; further comprising the step of forming the material into a row, the row having one of a generally triangular a cross-section shape and a semi-circle cross-section shape as taught by Pan in order to increase surface area so as to accelerate drying.
As for claim 12, Kurt discloses the step of configuring at least a portion of the material to have a granular form to provide a porous nature to the material at least adjacent a top surface of the material (p. 17, first paragraph, adding dry sludge to the mix as disclosed in applicant’s specification paragraph [0068]).
As for claims 13-15 and 17, Kurt discloses a material drying system comprising: a drying bed for holding a material to be dried, the drying bed having a base (fig. 2.8, peripheral edge illustrated on right side); a cover placed over the drying bed and configured to substantially prevent a second material from falling on the material held in the drying bed and permit a flow of an ambient air through the material drying system (fig. 2.16, ambient air illustrated moving from left to right under cover/roof); a handling tool disposed adjacent the drying bed, the handling tool configured to mix the material that is in contact with the ambient air flowing through the material drying system (fig. 2.12 and paragraph 2.5.2.2.2, p. 25); and a fan disposed adjacent at least one of the drying bed and the cover, the fan configured to facilitate the flow of the ambient air through the material drying system (fig. 3.8, illustrates ventilators).
Kurt discloses the claimed invention except for the major axis of the base of the drying bed being positioned perpendicular to ana prevailing atmospheric wind. Curtis teaches the major axis of the base of the drying bed being positioned perpendicular to a prevailing atmospheric wind (3:31-34) in order to provide rapid and efficient drying. Kurt would benefit equally from providing rapid and efficient drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by with as taught by Curtis in order to provide rapid and efficient drying.
Kurt discloses the claimed invention except for a handling tool disposed configured to maximize a surface area of the material that is in contact with the ambient air flowing through the material drying system; wherein the material is arranged in a row, the row having one of a generally triangular cross-sectional shape and a semi-circle cross- sectional shape; wherein the material includes a textured surface to maximize a surface area of the material; wherein at least a portion of the material is self-supporting to facilitate maintaining the material in a desired shape. Pan teaches a handling tool disposed configured to maximize a surface area of the material that is in contact with the ambient air flowing through the material drying system (fig. 5); wherein the material is arranged in a row, the row having one of a generally triangular cross-sectional shape and a semi-circle cross- sectional shape (fig. 5, semi-circular); wherein the material includes a textured surface to maximize a surface area of the material (fig. 5); wherein at least a portion of the material is self-supporting to facilitate maintaining the material in a desired shape (fig. 5) in order to increase surface area so as to accelerate drying. Kurt would benefit equally from increasing surface area so as to accelerate drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with a handling tool disposed configured to maximize a surface area of the material that is in contact with the ambient air flowing through the material drying system; wherein the material is arranged in a row, the row having one of a generally triangular cross-sectional shape and a semi-circle cross- sectional shape; wherein the material includes a textured surface to maximize a surface area of the material; wherein at least a portion of the material is self-supporting to facilitate maintaining the material in a desired shape as taught by Pan in order to increase surface area so as to accelerate drying.
As for claim 16, Kurt discloses at least a portion of the material adjacent a top surface of the material held in the drying bed is in a granular form and porous to maximize a surface area of the material in contact with the ambient air flowing through the material drying system (p. 17, first paragraph, adding dry sludge to the mix as disclosed in applicant’s specification paragraph [0068]).
As for claim 18, Kurt discloses the base includes a peripheral edge and a wall disposed adjacent the peripheral edge (fig. 2.8, peripheral edge illustrated on right side), the wall being air permeable and the flow of the ambient air is directed to flow through the wall and at least one of across and through the material held in the drying bed (fig. 2.16).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kurt in view of Pan in view of Curtis as applied to claim 13 and further in view of Permuy Dobarro.
Kurt discloses the claimed invention except for the base of the drying bed is air permeable and the flow of the ambient air is directed to flow through the base and the material held in the drying bed. Permuy Dobarro teaches the base of the drying bed is air permeable and the flow of the ambient air is directed to flow through the base and the material held in the drying bed (fig. 3, [0008]) in order to accelerate the drying process. Kurt would benefit equally from accelerating the drying process. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with the base of the drying bed is air permeable and the flow of the ambient air is directed to flow through the base and the material held in the drying bed as taught by Permuy Dobarro in order to accelerate the drying process.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kurt in view of Pan in view of Curtis as applied to claim 13 and further in view of Ileleji (US 2018/0231308).
Kurt discloses the claimed invention except for a control system, the control system including a controller and a sensor, the controller in communication with the sensor and at least one of the handling tool and the fan, the sensor in communication with the controller and configured to sense a condition of at least one of the ambient air and the material and communicate the condition to the controller, wherein the controller receives the condition and controls a function of at least one of the handling tool and the fan in a response to the condition in order to facilitate the drying of the material. Ileleji teaches a control system, the control system including a controller and a sensor, the controller in communication with the sensor and at least one of the handling tool and the fan ([0015], fan), the sensor in communication with the controller and configured to sense a condition of at least one of the ambient air and the material and communicate the condition to the controller ([0015], condition of the ambient air), wherein the controller receives the condition and controls a function of at least one of the handling tool and the fan in a response to the condition in order to facilitate the drying of the material ([0015], fan) in order to control the rate of drying. Kurt would benefit equally from controlling the rate of drying. It would have been obvious for one of ordinary skill in the art at the time of filing to modify the dryer as disclosed by Kurt with a control system, the control system including a controller and a sensor, the controller in communication with the sensor and at least one of the handling tool and the fan, the sensor in communication with the controller and configured to sense a condition of at least one of the ambient air and the material and communicate the condition to the controller, wherein the controller receives the condition and controls a function of at least one of the handling tool and the fan in a response to the condition in order to facilitate the drying of the material as taught by Ileleji in order to control the rate of drying.
Conclusion
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/JOHN P MCCORMACK/Primary Examiner, Art Unit 3762
