DETAILED ACTION
Application Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to Applicant’s submission dated 03/28/2023. Claims 1–8 are pending.
Claim Objections
Claim 3 is objected to because of the following informalities: “upper supporting portion” on line 3 should be “upper supporting surface”. Appropriate correction is required.
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.
Claims 1–5 & 7–8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,520,739 to McCartney et al.
With regard to claim 1, McCartney discloses a nozzle tip (20, 30) for a pulverized solid fuel pipe nozzle (50) of a pulverized solid fuel-fired furnace (abstract; Fig. 2), comprising: an inner nozzle portion (30) (Fig. 1); and an outer nozzle portion (20) (Fig. 1), the outer nozzle portion (20) having: a housing (22) (Fig. 1), a lower supporting surface (shown but not labeled) within the housing (22) (Fig. 1), and a plurality of ribs (26) extending between the housing (22) and the lower supporting portion (shown but not labeled) (Fig. 1); wherein the lower supporting surface (shown but not labeled) is configured to support a housing (32) of the inner nozzle portion (30) when the inner nozzle portion (30) is received within the outer nozzle portion (20) (Fig. 1).
With regard to claim 2, McCartney further discloses the plurality of ribs (26) define therebetween a plurality of flow passages for the passage of air (Col. 6, lines 11–17); and, wherein the ribs (26) provide bolstering support for the lower supporting surface of the outer nozzle portion (20) (Fig. 1; Col. 6, lines 2–5).
With regard to claim 3, McCartney further discloses the outer nozzle portion (20) includes an upper supporting surface (shown but not labeled) within the housing (22) (Fig. 1), and a plurality of ribs (26) extending between the housing (22) and the upper supporting portion (shown but not labeled) (Fig. 1).
With regard to claim 4, McCartney further discloses the inner nozzle portion (30) is ceramic (Col. 5, lines 37–40); and the outer nozzle portion (20) is stainless steel (Col. 3, lines 25–27).
With regard to claim 5, McCartney further discloses the inner nozzle portion (30) is fixedly connected to the outer nozzle portion (20) (Fig. 1; Col. 4, lines 36–41).
With regard to claim 7, McCartney further discloses the lower supporting surface (shown but not labeled) is planar and is configured to contact a corresponding lower surface of the inner nozzle portion (30) (Fig. 1).
With regard to claim 8, McCartney further discloses the outer nozzle portion (20) has a plurality of mounting points (52) for pivotally coupling the nozzle tip to tilt arms of the pulverized solid fuel pipe nozzle (50) (Fig. 2; Col. 6, lines 6–10).
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 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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over McCartney.
McCartney fails to disclose the outer nozzle portion has a tapered shape moving in a direction from a rear end to a forward end. It would have been an obvious matter of design choice to use an outer nozzle portion having a tapered shape, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art when the choice of shape has no significant impact on the operation of the invention. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see attached PTO-892. Applicant is encouraged to review the cited references prior to submitting a response to this office action.
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/DAVID J LAUX/Primary Examiner, Art Unit 3762
January 12, 2026