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 03/02/2026. Claim(s) 1–12 are pending.
Election/Restrictions
Claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a non-elected invention, there being no allowable generic or linking claim at this time. Election was made without traverse in the reply filed on 03/02/2026.
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) 1–4, 6, & 8–11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0196638 to Pappinen et al.
With regard to claim 1, Pappinen discloses a furnace burner for combusting solid particulate fuel (abstract), comprising: a burn chamber (102) arranged for receiving the solid particulate fuel for combustion thereof to generate exhaust gas (Fig. 1; ¶¶ 0048–0049); a drum (106) supported in the burn chamber (102) and configured for containing the solid particulate fuel for combustion (Fig. 1; ¶¶ 0048–0049), wherein the drum (106) is supported for rotation about a substantially horizontal axis (Fig. 1; ¶¶ 0048–0049, 0067); wherein the drum (106) comprises a combustion portion (110) situated inside the burn chamber (102) and configured to support combustion of the fuel therein (Fig. 1; ¶¶ 0048–0049) and a drive portion (113) connected to the combustion portion (110) and extending therefrom to an external end disposed outside the burn chamber (102) (Fig. 1; ¶ 0067), wherein the drive portion (113) is arranged for operative coupling to a drive system (113) configured to rotate the drum (106) around the axis (Fig. 1; ¶¶ 0048–0049, 0067); wherein the drum (106) extends axially from the external end (Fig. 1), at which the drum (106) is configured to receive the fuel (Fig. 1; ¶¶ 0053, 0062), to a downstream end at which the drum (106) is configured to release spent fuel for waste disposal (Fig. 1; ¶ 0062); wherein each of the combustion portion (110) and the drive portion (113) of the drum (106) comprises a tubular peripheral wall (106) encompassing the axis (Fig. 1), wherein the peripheral wall (106) of the combustion portion (110) locates a plurality of openings (140) configured to permit passage of air but not the solid particulate fuel therethrough (Fig. 1; ¶ 0066); and wherein the combustion portion (110) comprises one or more flights (138) disposed on an inner side of the peripheral wall (106) (Fig. 2; ¶¶ 0066, 0072), wherein the one or more flights (138) extend axially and angularly of the drum (106) in a manner conducive of movement of the solid particulate fuel towards the downstream end during rotation of the drum (106) (Fig. 2; ¶ 0072).
With regard to claim 2, Pappinen further discloses the openings (140) in the peripheral wall (106) of the combustion portion (110) are distributed across the full circumference thereof (Fig. 1).
With regard to claim 3, Pappinen further discloses the peripheral wall (not labeled) of the drive portion (113) is imperforate (Fig. 1; ¶¶ 0069–0070).
With regard to claim 4, Pappinen further discloses the drive portion (113) is sized diametrically smaller than the combustion portion (110) (Fig. 1).
With regard to claim 6, Pappinen further discloses the drum (106) is rotatably supported at or adjacent each of the external and downstream ends and is free of rotational support therebetween (Fig. 1; ¶¶ 0048–0049, 0067).
With regard to claim 8, Pappinen further discloses the drive portion (113) of the drum (106) is received in a bushing (124a, 124b, 124c) supported by the burn chamber (102) (Fig. 1; ¶¶ 0050, 0070).
With regard to claim 9, Pappinen further discloses in combination with a fuel feeding system (116) including a screw conveyor in coaxial alignment with the drum (106) (Fig. 1; ¶¶ 0049, 0052–0053), and the screw conveyor (116) comprises helical flighting (Fig. 1; ¶¶ 0049, 0052–0053), wherein the helical flighting extends into the drive portion (Fig. 1; ¶¶ 0049, 0052–0053).
With regard to claim 10, Pappinen further discloses the burn chamber (102) is configured to provide an air gap (108) around a full circumference of the drum (106) (Fig. 1; ¶ 0048).
With regard to claim 11, Pappinen further discloses the peripheral wall (106) of the combustion portion (110) comprises an outer metallic wall and an inner wall of refractory material (¶¶ 0017, 0063), wherein the inner wall of refractory material comprises a plurality of axially-extending sections arranged side-by-side in a circumferential direction of the drum (106) (Fig. 1; “section” has been interpreted to mean “zone, area, portion” which is an arbitrary demarcation).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pappinen.
Pappinen further discloses the drive portion (113) is circular cylindrical in shape (Fig. 1).
Pappinen fails to disclose the combustion portion is polygonally cylindrical in shape. It would have been an obvious matter of design choice to use a combustion portion that is polygonally cylindrical in 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).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Pappinen in view of US 3,513,788 to Ostrin.
Pappinen fails to disclose the combustion portion is polygonally cylindrical in shape. It would have been an obvious matter of design choice to use a combustion portion that is polygonally cylindrical in 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).
Pappinen also fails to disclose the drum comprises one or more outwardly projecting annular flanges supported on an outer side the peripheral wall of the combustion portion at or adjacent the downstream end of the drum, and the furnace burner further includes a plurality of rollers rotatably supported in the burn chamber and arranged for rolling engagement with the one or more annular flanges at circumferentially spaced positions of the drum. Ostrin teaches the drum (2) comprises one or more outwardly projecting annular flanges (5) supported on an outer side the peripheral wall of the combustion portion at or adjacent the downstream end of the drum (2) (Fig. 1; ), and the furnace burner further includes a plurality of rollers (4) rotatably supported in the burn chamber and arranged for rolling engagement with the one or more annular flanges (5) at circumferentially spaced positions of the drum (2) (Fig. 1; Col. 2, lines 46–61). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the furnace burner of Pappinen with the drum rollers of Ostrin because such a combination would have had the added benefit of providing mechanical support for the drum across its length.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J LAUX whose telephone number is (571)270-7619. The examiner can normally be reached 8:30-5:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J LAUX/Primary Examiner, Art Unit 3762
September 17, 2026
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