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 .
Response to Arguments
The applicant’s amendments to claim 1 overcome the 35 U.S.C 102(a)(1) and 35 U.S.C 112(b) rejections presented in the Non-Final rejection dated 08/26/2025, therefore the rejections are withdrawn. However, the 35 U.S.C 112(b) rejection applied to claim 1 was also applied to claims 6 and 8 because they include similarly indefinite language and those rejections have not been addressed in either the arguments or amendments. For these reasons the 35 U.S.C 112(b) rejections of claims 6 and 8 are maintained. Additionally, the remarks refer to claim 8 as dependent on claim 1, however, claim 8 is an independent claim and neither the arguments nor the amendments address the 35 U.S.C 102(a)(1) rejection applied to claim 8, therefore the rejection is maintained.
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.
Claim 6-8 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.
Claims 6 and 8 require “the nozzle being oriented along an axis of the nozzle”, because it is unclear how a nozzle cannot be oriented in some way along its own axis it is unclear what the applicant intends with this limitation.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beck (US 1,911,177).
With respect to claim 8 Beck discloses a method for revamping a furnace for implementing an endothermic process, the furnace comprising: a combustion chamber delimited by a wall [reference character 5], at least one tubular reactor [see annotated Fig. below] positioned in the combustion chamber, at least one burner [see annotated Fig. below] arranged in the combustion chamber configured to supply the tubular reactor with the heat required for the endothermic process, the burner comprising at least one nozzle for discharging a flame, the nozzle being oriented along an axis of the nozzle1, wherein the chamber has, over at least part of an inner surface of the wall, a convex inner profile [see annotated Fig. below] curved in a direction of the axis of the nozzle, the profile being adjacent to said burner and facing the axis.
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Allowable Subject Matter
Claims 1-3 and 5 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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 VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
1 See 112(b) rejection above.