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 .
This communication is responsive to the Application No. 18/284,579 filled on 06/26/2026. Claims 1-7, 9-13 and 15-22 are presented for examination.
Election/Restrictions
Applicant's election with traverse of Group I, Claims 1-7, 9-13 and 15-22, in the reply filed on 06/26/2026 is acknowledged. Examiner’s Note: Method claims 24-29 improperly depend on claim 21. They should apparently be depended on Independent method claim 23, and the examiner made an amendment in the following table accordingly, and the applicant is responsible to amend the claims, so the claims 24-29 would depend on claim 23.
The Applicant’s argument regarding the restriction is not persuasive.
See the difference between the claims below in bold:
Claim 1. An anode replacement system for electrolytic cells of an aluminium production plant, the system comprising:
a support frame;
at least one movable member mounted on the support frame wherein the at least one movable member supports at least one anode gripping apparatus;
wherein each of the at least one anode gripping apparatus is configured to grip a shaft of at least one anode assembly at any position along the shaft of the at least one anode assembly; and
a sensor system configured to generate or collect position information to control the position of the at least one anode gripping apparatus.
Claim 23. A method of replacing an anode in a pot in an aluminium production plant; the method comprising: providing an anode replacement system comprising;
at least one anode gripper apparatus configured to grip a shaft of at least one anode assembly at any position along the shaft of the at least one anode assembly; and
a sensor system; generating position data for at least one anode and anode shaft in the pot;
actuating the at least one anode gripper apparatus to grip the at least one anode shaft; and
lifting the at least one anode shaft to remove the anode assembly from the pot;
positioning a replacement anode in the pot.
Claim 4. The system according to claim 1 wherein the sensor system is configured to generate or collect position information to control the position of the at least one movable member.
Claim 16. The system according to claim 1 wherein sensor system is configured to generate 3D position information of components of the support frame, at least one movable member and/or at least one anode gripping apparatus in relation to each other and/or to the work environment of the pot room.
Claim 24. The method according to claim [[21]]23 comprising measuring and/or calculating a position of the spent anode assembly, a position of the shaft of the spent anode assembly and/or a position of an anode block of the spent anode assembly in the pot.
Claim 20. The system according to claim 1 wherein the sensor system is configured to track and/or measure the height of an anode block of a spent anode.
Claim 25. The method according to claim [[21]]23 comprising measuring, calculating or estimating a distance between a lower surface of an anode block of a spent anode assembly and an upper surface of a cathode in the pot.
Claim 18. The system according to claim 1 wherein the anode gripper apparatus is configured to position a replacement anode assembly at an optimal position in the pot using data from the sensor system.
Claim 26. The method according to claim [[21]]23 comprising identifying an optimal position for a replacement anode assembly in the pot and actuating the anode replacement system to locate the replacement anode assembly in the pot at the optimal position.
Claim 19. The system according to claim 1 wherein the sensor system is configured to track at least one marking or position on a spent anode in relation to a at least one marking or position on a pot structure.
Claim 27. The method according to claim [[21]]23 comprising verifying, using data acquired by the sensor system, that the replacement anode is located at a correct position in the pot.
Claim 15. The system according to claim 12 wherein the sensor system is configured to detect at least one of the plurality of positional markers to accurately locate and/or move the position of the support, vehicle, crane, positioning system and/or at least one positioning member.
Claim 28. The method according to claim [[21]]23 comprising detecting one or more reference points or markings on an anode and/or a pot structure and calculating an optimal position or orientation for a replacement anode assembly in the pot based on the one or more references points or markings.
Claim 21. The system according to claim 1 wherein the anode gripper apparatus comprises one or more mechanisms to adjust the tilt angle of the anode gripper apparatus and/or to adjust the vertical position of an attached anode assembly.
Claim 29. The method according to claim [[21]]23 comprising adjusting the height and/or position of the replacement anode assembly in the pot after the replacement anode assembly is clamped to the pot structure.
Claim 22. An anode gripping apparatus handling for handling anodes in an aluminium production plant comprising:
a support frame;
at least one grip member wherein the at least one grip member is configured to grip a shaft of at least one anode assembly at any position along the shaft of the at least one anode assembly.
Claim 23. A method of replacing an anode in a pot in an aluminium production plant; the method comprising: providing an anode replacement system comprising;
at least one anode gripper apparatus configured to grip a shaft of at least one anode assembly at any position along the shaft of the at least one anode assembly; and
a sensor system; generating position data for at least one anode and anode shaft in the pot;
actuating the at least one anode gripper apparatus to grip the at least one anode shaft; and
lifting the at least one anode shaft to remove the anode assembly from the pot;
positioning a replacement anode in the pot.
Based on the above difference in the claimed inventions, the methods claims are distinct from system claims. There is a search and/or examination burden for the patentably distinct as set forth above. Therefore, restriction for examination purposes as indicated is proper.
Claim Objections
Claims 2-3, 11 and 16-17 are objected to because of the following informalities:
Regarding claim 2, the phrase “at least one anode assembly” on line 3 to be corrected as “the at least one anode assembly”. Claim 3 is also objected for the same reasons as discussed above with respect to claim 2. Appropriate correction is required.
Regarding claim 11, the phrase “at least one anode gripping apparatus” on line 2 to be corrected as “the at least one anode gripping apparatus”. Claims 16-17 are also objected for the same reasons as discussed above with respect to claim 11. Appropriate correction is required.
Regarding claim 11, the phrase “at least one movable member” on line 2 to be corrected as “the at least one movable member”. Claims 16-17 are also objected for the same reasons as discussed above with respect to claim 11. Appropriate correction is required.
Regarding claim 11, the phrase “an anode assembly” on line 3 to be corrected as “the at least one anode assembly”. Appropriate correction is required.
Regarding claim 22, the preamble “An anode gripping apparatus handing for handling anode…” should apparently be “An anode gripping apparatus
Regarding claims 2-7, 12-16-21, in the preamble “claim 1 wherein…” should apparently be “claim 1, wherein…”. Claims 11, 13, 15 are also objected for the same reasons as discussed above. Appropriate correction is required.
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.
Claims 11 and 16 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.
Claim 11 recites the phrase "the at least one sensor” on line 1. There is insufficient antecedent basis for this limitation in the claim. The phrase "at least one sensor” is not recited in either claim 9 or claim 1.
Claim 16 recites the phrase "the work environment” on line 4, which lacks sufficient antecedent basis in the claim because there is no previous citation of any "work environment” in the claim.
Examiner's Note
Examiner has cited particular paragraphs/ columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching
all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims.
Claim Rejections - 35 USC § 102
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 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 1-2, 4-6, 9-12, 15 and 17-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Acker et al. (US2006/0049054 A1, this reference is from IDS) (hereinafter Van Acker-9054).
Claim 1. Van Acker-9054 teaches an anode replacement system for electrolytic cells of an aluminium production plant (See Para. [0018], discloses “a tending machine intended for anode replacement operations in a series of cells for the production of aluminium”), the system comprising:
a support frame (See Para. [0028], “metal frame/anode frame”);
at least one movable member mounted on the support frame wherein the at least one movable member supports at least one anode gripping apparatus (See Para. [0035], [0068], “the anode clamp (13a) are typically installed at the lower end of a positioning device (11b, 12b, 13b) such as a telescopic mast or arm [i.e. movable member]”, where the position sensor may be fixed to the sliding part of a telescopic arm or mast to which the gripping device is fixed);
wherein each of the at least one anode gripping apparatus is configured to grip a shaft of at least one anode assembly at any position along the shaft of the at least one anode assembly (See Para. [0041], “the metal rod of the spent anode (20') is gripped using an anode handling tool (13), and more precisely using a gripping device (13a)”, and/or see Para. [0052], “an anode handling tool (13) is put into position, comprising a sensor (13c) detecting the vertical position of the gripping device (13a) at a determined spent anode (20') and a gripping device (13a) is put into position to grip the metal rod (22') of this anode (20') (FIG. 4)”, same as claimed); and
a sensor system configured to generate or collect position information to control the position of the at least one anode gripping apparatus (See Para. [0036], [0049], “a sensor (13c) to determine the vertical position of the gripping device”).
Claim 2. Van Acker-9054 teaches the system according to claim 1 wherein the at least one anode gripping apparatus is configured to grip the shaft by contacting and/or clamping at least two surfaces or sides of the shaft of at least one anode assemble (See Para. [0035], Fig. 3, discloses “anode gripping device is called an "anode clamp" (13a), where the anode clamp (13a) is used to grip and manipulate anodes by their rod”).
Claim 4. Van Acker-9054 teaches the system according to claim 1 wherein the sensor system is configured to generate or collect position information to control the position of the at least one movable member (See Para. [0013], discloses “the vertical position of the replacement anode in the cell is determined starting from values obtained for the traveled distances A, B and C, and the replacement anode is put into this position in the place initially occupied by the spent anode”, and see Para. [0032], “the position of the anodes is adjusted so as to bring the so-called "lower" surface (21a, 21a', 21a'') of the anode blocks (21, 21', 21'') (i.e. the surface of the anode blocks that will be immersed in the electrolytic bath (33) contained in the electrolytic cell (2) and parallel to the upper surface (29') of the cathode block(s) (29)) into a same plane.”).
Claim 5. Van Acker-9054 teaches the system according to claim 1 further comprising a control system configured to move the support frame, the at least one movable member, the at least one anode gripping apparatus and/or the position of the at least one anode assembly (See Para. [0011]-[0012], “the anode block of this anode is passed through the beam in a vertical movement”).
Claim 6. Van Acker-9054 teaches the system according to claim 1 wherein the at least one movable member is at least one telescopic member or a robot assembly (See Para. [0035], [0068], discloses “telescopic mast or arm”, which has a slidable part).
Claim 9. Van Acker-9054 teaches the system according to claim 1, further comprising at least one scoop apparatus and/or at least one crust breaker apparatus (See Para. [0035], “The crust breaker (11a) is used to break the alumina crust”).
Claim 10. Van Acker-9054 teaches the system according to claim 1 wherein the sensor system comprises at least one sensor selected from the group comprising: optical sensor, camera, vision system, time of flight camera, depth sensor, distance sensor, laser, ultrasound, momentum sensor, accelerometer, rotary position sensor, gyroscopic position sensor, global positioning sensor, infra-red sensor, thermal sensor, load cell and/or LIDAR (See Para. [0017], [0067], [0068], “sensor/laser telemeter to measure distance travel”).
Claim 11. Van Acker-9054 teaches the system according to claim 9 wherein the at least one sensor is mounted on the support frame, on at least one movable member, on at least one anode gripping apparatus, on at least one functional module, on an anode assembly, in a pot room, on a pot and/or a component of the pot (See Para. [0068], “The position sensor is advantageously integrated into the anode handling tool (13)”).
Claim 12. Van Acker-9054 teaches the system according to claim 1 wherein the support frame is movably mounted on a support, vehicle, crane, positioning system or at least one positioning member of a positioning system (See Para. [0009], [0032], “each anode comprising at least one anode block and a metal rod and being fixed removably by mechanical attachment means to a mobile metal frame”).
Claim 15. Van Acker-9054 teaches the system according to claim 12 wherein the sensor system is configured to detect at least one of the plurality of positional markers to accurately locate and/or move the position of the support, vehicle, crane, positioning system and/or at least one positioning member (See Para. [0032], “the position of the anodes is adjusted so as to bring the so-called "lower" surface (21a, 21a', 21a'') of the anode blocks (21, 21', 21'') (i.e. the surface of the anode blocks that will be immersed in the electrolytic bath (33) contained in the electrolytic cell (2) and parallel to the upper surface (29') of the cathode block(s) (29)) into a same plane”).
Claim 17. Van Acker-9054 teaches the system according to claim 1 comprising at least one processing unit configured to process a movement path for the support frame, at least one movable member, at least one anode gripping apparatus and/or a gripped anode assembly based on the position information generated by the sensor system (See Para. [0032], “progressively lowering the anodes (20, 20'), by moving the mobile frame (23) uniformly downwards”, and/or see Para. [0034], “a traveling crane (5) that can be moved longitudinally above the electrolytic cells (2) and a tending machine (6). , and the travelling crane (5) can thus move along the entire length of the pot room. The trolley (7) can move along the length of the travelling crane (5).”).
Claim 18. Van Acker-9054 teaches the system according to claim 1 wherein the anode gripper apparatus is configured to position a replacement anode assembly at an optimal position in the pot using data from the sensor system (See Abstract, “The vertical position of the replacement anode in the cell is determined starting from the values obtained for the traveled distances and the replacement anode is put into this position in the place initially occupied by the spent anode”).
Claim 19. Van Acker-9054 teaches the system according to claim 1 wherein the sensor system is configured to track at least one marking or position on a spent anode in relation to a at least one marking or position on a pot structure (See Para. [0052], [0056], [0058], “a sensor (13c) detecting the vertical position of the gripping device (13a) at a determined spent anode (20') and a gripping device (13a) is put into position to grip the metal rod (22') of this anode (20') (FIG. 4), and determine the position of the replacement anode”).
Claim 20. Van Acker-9054 teaches the system according to claim 1 wherein the sensor system is configured to track and/or measure the height of an anode block of a spent anode (See Para. [0066], “he distances A, B and C are measured and the distance A' is determined for each of the spent anode (20')/replacement anode (20'') pairs”).
Claim 21. Van Acker-9054 teaches the system according to claim 1 wherein the anode gripper apparatus comprises one or more mechanisms to adjust the tilt angle of the anode gripper apparatus and/or to adjust the vertical position of an attached anode assembly (See Para. [0013], “the vertical position of the replacement anode in the cell is determined starting from values obtained for the traveled distances A, B and C, and the replacement anode is put into this position in the place initially occupied by the spent anode”, and see Para. [0032], “the position of the anodes is adjusted so as to bring the so-called "lower" surface (21a, 21a', 21a'') of the anode blocks (21, 21', 21'') (i.e. the surface of the anode blocks that will be immersed in the electrolytic bath (33) contained in the electrolytic cell (2) and parallel to the upper surface (29') of the cathode block(s) (29)) into a same plane.”).
Claim 22. Van Acker-9054 teaches an anode gripping apparatus handling for handling anodes in an aluminium production plant (See Abstract, Para. [0009], [0018], discloses “anode handling tool for changing an anode of a cell for the production of aluminium”) comprising:
a support frame (See Para. [0028], “metal frame/anode frame);
at least one grip member (see Para. [0009]-[0010], [0018], [0035], discloses “gripping device”) wherein the at least one grip member is configured to grip a shaft of at least one anode assembly at any position along the shaft of the at least one anode assembly (See Para. [0041], “the metal rod of the spent anode (20') is gripped using an anode handling tool (13), and more precisely using a gripping device (13a)”, and/or see Para. [0052], “an anode handling tool (13) is put into position, comprising a sensor (13c) detecting the vertical position of the gripping device (13a) at a determined spent anode (20') and a gripping device (13a) is put into position to grip the metal rod (22') of this anode (20') (FIG. 4)”, same as claimed).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Van Acker et al. (US2006/0049054 A1) (hereinafter Van Acker-9054, this reference is from IDS) in view of Van Acker (US 2010/0116653 A1) (hereinafter Van Acker-6653).
Claim 3. Van Acker-9054 teaches the system according to claim 1, but fails to teach wherein the at least one anode gripping apparatus is configured to grip the shaft by applying or exerting opposing forces on two or more surfaces or sides of the shaft of at least one anode assembly.
However, Van Acker-6653 teaches wherein the at least one anode gripping apparatus is configured to grip the shaft by applying or exerting opposing forces on two or more surfaces or sides of the shaft of at least one anode assembly (See Para. [0009], “exert at least one force or impulse on the anode rod, with a force such that the stem is firmly kept in contact against the anode frame”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to have modified the teaching of Van Acker-9054 with exert at least one force sch that stem is firmly kept in contact as taught by Van Acker-6653 in order to improve electrical contact.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Van Acker et al. (US2006/0049054 A1, this reference is from IDS) (hereinafter Van Acker-9054) in view of David (US 2013/0181468 A1).
Claim 7. Van Acker-9054 teaches the system according to claim 1, but fails to teach wherein the at least one anode gripping apparatus comprises at least one grip member operable to move between an open condition and a closed condition.
However, David teaches, wherein the at least one anode gripping apparatus comprises at least one grip member operable to move between an open condition and a closed condition (See Abstract, Para. [0010], [0012], “an actuating system associated with said gripping member, able to move it between said open and closed positions, thus enabling said gripping member to move from its open position to its closed position to trap said trunnions”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to have modified the teaching of Van Acker-9054 with enabling said gripping member to move from its open position to its closed position to trap said trunnions as taught by David, so that the movement of the gripping member, which is no longer dependent on the action of cams cooperating with the upper surface of the hooks, can be made regardless of the condition, worn or deformed, of said gripping member.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Van Acker et al. (US2006/0049054 A1, this reference is from IDS) (hereinafter Van Acker-9054) in view of Van Acker (US 2008/0251392 A1) (hereinafter Van Acker-1392).
Claim 13. Van Acker-9054 teaches the system according to claim 11, but fails to teach, wherein the support, vehicle, crane, positioning system, or positioning member comprises a plurality of positional markers selected from the group comprising barcodes, data matrix codes, quick response codes and/or color codes.
However, Van Acker-1392 teaches, wherein the support, vehicle, crane, positioning system, or positioning member comprises a plurality of positional markers selected from the group comprising barcodes, data matrix codes, quick response codes and/or color codes (See Para. [0086], “an absolute marker Po on the anode handling tool”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to have modified the teaching of Van Acker-9054 with a position marker on anode handling tool as taught by Van Acker-1392 so that it can correct a modification to the position of an anode caused by some unforeseeable events, for example, example, if the anode frame (23) is moved during anode replacement operations (which typically occurs after detection of an anode effect), the process according to the invention provides a means of placing the replacement anode (20'') at the correct height with respect to the other anodes when the reference point is located on the anode frame.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Van Acker et al. (US2006/0049054 A1, this reference is from IDS) (hereinafter Van Acker-9054) in view of Gao et al. (CN111485254 A, attached English translated NPL document is used for claim mapping) (hereinafter Gao).
Claim 16. Van Acker-9054 teaches the system according to claim 1, but fails to teach wherein sensor system is configured to generate 3D position information of components of the support frame, at least one movable member and/or at least one anode gripping apparatus in relation to each other and/or to the work environment of the pot room.
However, Gao teaches, wherein sensor system is configured to generate 3D position information of components of the support frame, at least one movable member and/or at least one anode gripping apparatus in relation to each other and/or to the work environment of the pot room (See Para. [0011], “The tool rotation mechanism rotates, driving the measuring and positioning device to move above the anode guide rod for spatial measurement, and the measuring and positioning device feedback three-dimensional position information).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to have modified the teaching of Van Acker-9054 with a technology to generate three dimension position information as taught by Gao to incorporate the claimed invention in order to guide lifting servo hydraulic cylinder to drive the anode lifting frame device and the anode guide rod chuck to move downward.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to B M M HANNAN whose telephone number is (571)270-0237. The examiner can normally be reached MONDAY-FRIDAY at 8:30AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 5712705376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B M M HANNAN/Primary Examiner, Art Unit 3657
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