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 .
Claim Rejections - 35 USC § 112(b)
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.
Claims 28-30 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention. In particular claim 28 is dependent on a non-existent claim. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 16-17 and 22-27 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Pub. 2017/0363552 (“Enders”).
Claim 16
Enders discloses a control process for controlling a production process for calcined clays with a calciner (20), comprising: a) capture of at least one temperature in the calciner (paragraph [0049], heating device), b) taking of at least one sample of the calcined clay (paragraph [0046], sampling by metering apparatus 22), c) production of a reproducible size distribution of the sample (paragraph [0013, 0045], metered parameters), d) adjustment of the sample mass to a predefined sample mass (paragraph [0014, 0045], milled to size), e) conditioning of the sample to a first measuring temperature and of an alkali to a first measuring temperature (paragraph [0049], heated), f) combining of the sample with an alkali (paragraph [0049], alkali solution added), g) temporal capture of the energy generated by the sample-alkali mixture at constant first measuring temperature for a first period (paragraph [0053], calorimetric measuring over time), h) quantitative evaluation of the time-energy profile captured for the first exothermic reaction and determination of the amount of energy released by the sample for the first exothermic reaction (paragraph [0052-0055]), i) correlation of the amount of energy captured with the temperature and residence time captured, and comparison with previously captured combinations of amount of energy, temperature and residence time values (paragraph [0062], reactivity determined), j) active control of the temperature and/or of the residence time in the calciner in the direction of increasing the amount of energy anticipated for a further sample, where the quantitative evaluation of the time-energy profile captured for the first exothermic reaction takes place for the period from the first minute to minute 120 (paragraphs [0054-0055], calorimeter information transmitted to control device).
Claim 17
Enders discloses the control process of claim 16, wherein the production of a reproducible size distribution of the sample takes place by grinding (paragraph [0040], milling).
Claim 22
Enders discloses the control process of claim 16, wherein from production of a reproducible size distribution of the sample to temporal capture of the energy generated by the sample-alkali mixture at constant first measuring temperature for the first period take place automatically in an environment acclimatized to the first measuring temperature (paragraph [0046]).
Claim 23
Enders discloses the control process of claim 16, wherein the sample mass is adjusted to the mandated sample mass to an accuracy of at least 2%, preferably at least 0.5%, more preferably at least 0.1%, very preferably to at least 0.02% (paragraph [0049]).
Claim 24
Enders discloses the control process of claim 16, wherein the quantitative evaluation of the time-energy profile captured in step for the first exothermic reaction takes place for the period from the second minute up to minute 70 (Enders, paragraph [0054], repeated over temperature and time variations).
Claim 25
Enders discloses the control process of claim 16, wherein the first measuring temperature is selected in the range from 20° C to 40° C (paragraph [0054], 20-45).
Claim 26
Enders discloses the control process of claim 16, wherein the predefined sample mass selected is between 1 g and 200 g, preferably between 2 g and 20 g (paragraph [0054], 5 g).
Claim 27
Enders discloses the control process of claim 16, wherein additionally captures the reactant batches from which and the mixing ratio in which the clay is supplied to the calcination, with the information as to the reactant batches from which and the mixing ratio in which the clay has been supplied to the calcination being used additionally in step i), with control in step j) additionally considering the selection and the mixing ratio between the reactant batches (paragraph [0050], mixing ratio).
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.
Claims 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2017/0363552 (“Enders”) in view of U.S. Patent No. 6,159,898 (“Kanazirev”).
Claim 18
Enders discloses the control process of claim 16.
Enders does not appear to explicitly disclose wherein the alkali selected is an alkali metal hydroxide solution having a pH of between 9 and 15.
Kanazirev discloses disclose producing activated alumina (clay) including a pH in the range of 12.5-14 (col. 4, lns 15-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the alkali selected is an alkali metal hydroxide solution having a pH of between 9 and 15, as disclosed by Kanazirev, into the method of Enders, for the purpose of providing high pH solution to provide improved properties for the produced compound (Kanazirev, col. 3, lns 43-58).
Claim 19
Enders in view of Kanazirev discloses the control process of claim 18, wherein the mass of added alkali is 0.5 times to 5 times the mass of the sample (Enders, paragraph [0050]).
Claim 20
Enders discloses the control process of claim 16.
Enders does not appear to explicitly disclose wherein the alkali comprises an alkali former and water, where the alkali former and the water in reaction with one another generate a solution having a pH of between 9 and 15.
Kanazirev discloses disclose producing activated alumina (clay) including a pH in the range of 12.5-14 (col. 4, lns 15-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the alkali comprises an alkali former and water, where the alkali former and the water in reaction with one another generate a solution having a pH of between 9 and 15, as disclosed by Kanazirev, into the method of Enders, for the purpose of providing high pH solution to provide improved properties for the produced compound (Kanazirev, col. 3, lns 43-58).
Claim 21
Enders in view of Kanazirev discloses the control process of claim 20, wherein the alkali former is selected from the group encompassing alkali metal hydroxide, alkali metal oxide, alkaline earth metal hydroxide, alkaline earth metal oxide, and substances, mixtures or compositions comprising them (Kanazirev, col. 3, lns 43-58).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA S Y LIN whose telephone number is (571)270-7911. The examiner can normally be reached M-F 8-4, TW M,W.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICA S LIN/Primary Examiner, Art Unit 2853
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