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 § 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.
Claim(s) 1, 5-6, 9-12, and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren (CN107896653A), referring to the English translation dated 12/09/2025, in view of Rosumowitsch (US20200031571A1).
Regarding claim 1, Ren teaches
an aeration apparatus for aerating a grain storage bin (fig. 1) having an upright perimeter wall (vertically disposed bin body 10, fig. 1) and a hopper bottom defined by a conical wall tapering downwardly and inwardly from the upright perimeter wall to a discharge opening at a bottom of the conical wall (food hopper 11-1, fig. 6, opening to discharging cylinder 19), the apparatus comprising:
a primary duct extending longitudinally between opposing first and second ends of the primary duct (as shown on annotated fig. 8 below) and being arranged to be supported spanning diametrically across the bin in proximity to a top of the hopper bottom (as shown on fig. 2);
two first secondary ducts arranged to be supported in the bin to extend circumferentially of the bin in two opposing directions from the first end of the primary duct (as shown on annotated fig. 8 below) towards respective discharge openings of the first secondary ducts (“A small air outlet hole is uniformly opened in the hollow tube, and the air outlet hole is formed” [0045]; outlet holes shown on fig. 8), the first secondary ducts being in open communication with the first end of the primary duct (as shown on fig. 1);
two second secondary ducts arranged to be supported in the bin to extend circumferentially of the bin in two opposing directions from the second end of the primary duct (as shown on annotated fig. 8 below) towards respective discharge openings of the second secondary ducts (“A small air outlet hole is uniformly opened in the hollow tube, and the air outlet hole is formed” [0045]; outlet holes shown on fig. 8), the second secondary ducts being in open communication with the second end of primary duct (as shown on fig. 8); and
an inlet duct arranged to communicate through one of the walls of the bin (“one end of the radial tube extends outside the cartridge body 10 as the air inlet 31” [0045]);
whereby (i) the primary duct receives a primary flow of air from the aeration fan directed across the primary duct from the first end to the second end of the primary duct, and (ii) each secondary duct receives a secondary flow of air directed circumferentially away from the primary duct towards the discharge opening of the secondary duct for discharging the secondary flows of air into the bin through the discharge openings (as shown on fig. 8, air flows into the air blowing tube 30 via air inlet 31, wherein the primary duct receives the airflow from the air inlet 31, and each of the secondary ducts circumferentially branches from the primary duct and receives airflow from the primary duct, wherein airflow is discharged from the outlet holes of the secondary ducts)
Ren does not teach
an aeration apparatus for use with an aeration fan for aerating a grain storage bin
an inlet duct arranged to communicate through one of the walls of the bin between the aeration fan externally of the bin and the first end of the primary duct within the bin
Rosumowitsch teaches
an aeration apparatus for use with an aeration fan for aerating a grain storage bin (hopper bottom 10, fig. 1)
an inlet duct arranged to communicate through one of the walls of the bin between the aeration fan externally of the bin and the first end of the primary duct within the bin (“An inlet opening 36 is located within the bottom wall at a single location for connection to a suitable inlet duct (not shown) which extends vertically downward from the inlet opening by a height of the support legs. In this manner when the bottom ends of the support legs are supported on a suitable foundation, a suitable blower resting on the foundation (not shown) may be connected to the bottom end of the inlet duct for directing aeration air from the blower upwardly through the inlet duct and into the manifold passage through the inlet openings 36”) [0042]
Ren teaches the aeration apparatus as claimed, however does not explicitly teach an aeration fan to drive airflow through air inlet 31. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the air inlet 31 of Ren between the primary duct of air blowing pipe 30 and an aeration fan, as taught in Rosumowitsch, in order to provide airflow through air inlet 31 and thus effectively provide the aerating treatment.
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Annotated fig. 8 of Ren
Regarding claim 5, Ren, as modified, teaches the apparatus according to claim 1
wherein the discharge opening of each secondary duct is situated at an inner boundary of the secondary duct arranged to be situated nearest to a center of the bin
While Ren, as modified, teaches each secondary duct comprising a discharge opening, it does not explicitly teach “wherein the discharge opening of each secondary duct is situated at an inner boundary of the secondary duct arranged to be situated nearest to a center of the bin”. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the discharge openings of Ren, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the discharge openings of Ren would effectively perform the same function of air distribution into the bin body; In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device). Since applicant did not provide criticality of this feature in the disclosure dated 06/27/2023 (see page 4 lines 20-22), the claim is given no distinguishable patentability.
Regarding claim 6, Ren, as modified, teaches the apparatus according to claim 1
wherein the discharge opening of each secondary duct spans a length of the secondary duct in a direction circumferentially of the bin (since “a length of the secondary duct” can comprise any length along the secondary duct, the discharge openings of each secondary duct read on the claim since each discharge opening spans a length of the duct equal to the diameter of the discharge opening)
Regarding claim 9, Ren, as modified, teaches the apparatus according to claim 1
wherein each of the secondary ducts is arranged to extend circumferential though an arc of at least 45 degrees (as shown on fig. 8)
Regarding claim 10, Ren, as modified, teaches the apparatus according to claim 1
wherein the secondary ducts are arranged to collectively extend circumferentially about a full circumference of the bin (as shown on fig. 8)
Regarding claim 11, Ren, as modified, teaches the apparatus according to claim 10
wherein each first secondary duct is in open communication with a corresponding one of the second secondary ducts (via the additional radial tubes, as shown on fig. 8)
Regarding claim 12, Ren, as modified, teaches the apparatus according to claim 1 further comprising
a continuous duct wall arranged to extend circumferentially about a full circumference of the bin, the continuous duct wall defining an upper boundary of each of the secondary ducts (as shown on fig. 8, blowing tube 30 comprises walls of the tubes that defines an upper boundary of blowing tube 30)
Regarding claim 14, Ren, as modified, teaches the apparatus according to claim 1
in combination with the aeration fan, the aeration fan being coupled to the inlet duct such that an outlet of the aeration fan is directed horizontally into the bin (as shown on fig. 8 of Ren, the inlet duct directs air horizontally into the bin; thus, in combination with Rosumowitsch, the outlet of the aeration fan coupled to the inlet duct would also be directed horizontally into the bin)
Regarding claim 15, Ren, as modified, teaches the apparatus according to claim 14
wherein the outlet of the aeration fan is coaxially aligned with a longitudinal axis of the primary duct (as shown on fig. 8 of Ren, the inlet duct, and thus the outlet of the aeration fan as modified by Rosumowitsch, is coaxially aligned with a longitudinal axis of the primary duct)
Regarding claim 16, Ren teaches
a method of aerating a grain storage bin (fig. 1) having an upright perimeter wall (vertically disposed bin body 10, fig. 1) and a hopper bottom defined by a conical wall tapering downwardly and inwardly from the upright perimeter wall to a discharge opening at a bottom of the conical wall (food hopper 11-1, fig. 6, opening to discharging cylinder 19), the method comprising:
providing an aeration apparatus comprising:
(i) a primary duct spanning diametrically across the bin (as shown on annotated fig. 8 above) in proximity to a top of the hopper bottom from a first end to a second end of the primary duct (as shown on fig. 2);
(ii) two first secondary ducts extending circumferentially of the bin in two opposing directions from the first end of the primary duct (as shown on annotated fig. 8 below) towards respective discharge openings of the first secondary ducts (“A small air outlet hole is uniformly opened in the hollow tube, and the air outlet hole is formed” [0045]; outlet holes shown on fig. 8) in which the first secondary ducts are in open communication with the first end of the primary duct (as shown on fig. 1); and
(iii), two second secondary ducts arranged to be supported in the bin to extend circumferentially of the bin in two opposing directions from the second end of the primary duct (as shown on annotated fig. 8 above) towards respective discharge openings of the second secondary ducts (“A small air outlet hole is uniformly opened in the hollow tube, and the air outlet hole is formed” [0045]; outlet holes shown on fig. 8) in which the second secondary ducts are in open communication with the second end of primary duct (as shown on fig. 8);
Ren does not teach
connecting an aeration fan externally of the bin with the first end of the primary duct within the bin;
operating the aeration fan such that: (i) the primary duct receives a primary flow of air from the aeration fan directed across the primary duct from the first end to the second end of the primary duct; and (ii) each secondary duct receives a secondary flow of air directed circumferentially away from the primary duct towards the discharge opening of the secondary duct for discharging the secondary flows of air into the bin through the discharge openings
Rosumowitsch teaches
connecting an aeration fan externally of the bin with the first end of the primary duct within the bin (“An inlet opening 36 is located within the bottom wall at a single location for connection to a suitable inlet duct (not shown) which extends vertically downward from the inlet opening by a height of the support legs. In this manner when the bottom ends of the support legs are supported on a suitable foundation, a suitable blower resting on the foundation (not shown) may be connected to the bottom end of the inlet duct for directing aeration air from the blower upwardly through the inlet duct and into the manifold passage through the inlet openings 36”) [0042];
Ren teaches the aeration apparatus as claimed, however does not explicitly teach an aeration fan to drive airflow through air inlet 31. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the air inlet 31 of Ren between the primary duct of air blowing pipe 30 and an aeration fan, as taught in Rosumowitsch, in order to provide airflow through air inlet 31 and thus effectively provide the aerating treatment.
The combination teaches
operating the aeration fan such that: (i) the primary duct receives a primary flow of air from the aeration fan directed across the primary duct from the first end to the second end of the primary duct; and (ii) each secondary duct receives a secondary flow of air directed circumferentially away from the primary duct towards the discharge opening of the secondary duct for discharging the secondary flows of air into the bin through the discharge openings (as shown on fig. 8 of Ren, air flows into the air blowing tube 30 via air inlet 31, wherein the primary duct receives the airflow from the air inlet 31, and each of the secondary ducts circumferentially branches from the primary duct and receives airflow from the primary duct, wherein airflow is discharged from the outlet holes of the secondary ducts)
Regarding claim 17, Ren teaches the method according to claim 16 further comprising
supporting the aeration fan such that an outlet of the fan is directed horizontally and coaxially with a longitudinal axis of the primary duct (as shown on fig. 8 of Ren, the inlet duct, and thus the outlet of the aeration fan as modified by Rosumowitsch, is coaxially aligned with a longitudinal axis of the primary duct to direct air horizontally into the primary duct)
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren (CN107896653A), referring to the English translation dated 12/09/2025, in view of Rosumowitsch (US20200031571A1), in further view of Liu (CN107950210A), referring to the English translation dated 12/09/2025.
Regarding claim 2, Ren, as modified, does not teach the apparatus according to claim 1
wherein the primary duct includes at least one bottom opening at a bottom side of the primary duct so as to be to discharge a portion of the primary flow of air therethrough into the bin
As shown on fig. 8, Ren does not teach the primary duct comprising outlet holes in addition to the secondary ducts. However, as shown on fig. 2, Lui teaches both the diagonal pipes 22 and horizontal pipe 21 comprising vertical pipe 23 which comprise outlet holes 14. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the outlet holes of Ren on both the primary and secondary ducts, as taught in Lui, in order to effectively provide more outlet holes across the cross section of air blowing tube 30 to increase uniform ventilation within box body 10.
While Ren, as further modified by Liu, teaches wherein the primary duct includes at least one opening so as to be to discharge a portion of the primary flow of air therethrough into the bin, it does not explicitly teach the openings “at a bottom side of the primary duct”. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the outlets of Ren, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the outlet holes of Ren would effectively perform the same function of air distribution into the bin body; In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device). Since applicant did not provide criticality of this feature in the disclosure dated 06/27/2023 (see page 4 lines 15-19), the claim is given no distinguishable patentability.
Regarding claim 3, Ren, as modified, teaches the apparatus according to claim 2
wherein the at least one bottom opening is spaced inwardly away from the first and second ends of the primary duct (as shown on fig. 2 of Lui, vertical pipes 23 comprising outlet holes 14 are spaced away from the first and second ends of inclined pipe 22)
Regarding claim 4, Ren, as modified, teaches the apparatus according to claim 2
wherein a majority of the bottom side of the primary duct is closed by a bottom wall (as shown on fig. 8 of Ren, a majority of the surface area of the blowing pipe 30 is covered by a wall of the pipe, wherein the air outlet holes only make up a small percentage of the surface area; thus, Ren as modified regarding claim 2, teaches this limitation)
Allowable Subject Matter
Claims 7-8 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, the subject matter not found includes “further comprising a plurality of legs supported on each secondary duct and arranged to support a top wall of each secondary duct spaced above the conical wall of the hopper bottom at spaced apart positions circumferentially of the bin”, in combination with the other elements of claims 1 and 6 from which claim 7 depends. The closest art of record is Ren in view of Rosumowitsch, as applied in the office action. However, a modification to include the claimed leg structure would have been non-obvious to one of ordinary skill in the art, as the top and bottom walls of the blow pipe 30 are continuous with one another, and thus any leg supports to support the blow pipe 30 would likely be arranged to support from a bottom wall of the blow pipe 30 instead of a top wall. No other prior art was found to teach the claim in its entirety.
Regarding claim 8, the subject matter not found includes “wherein each secondary duct includes a top wall arranged to be supported within the bin to be sloped downwardly and inwardly towards a center of the bin, the top wall being continuous and devoid of any openings”, in combination with the other elements of claim 1 which claim 8 depends. The closest art of record is Ren in view of Rosumowitsch, as applied in the office action. However, a modification to make the top wall of the blow pipe 30 to be sloped downwardly and inwardly and devoid of openings would have been non-obvious to one of ordinary skill in the art. No other prior art was found to teach the claim in its entirety.
Regarding claim 13, the subject matter not found includes “the continuous duct wall being arranged to be supported within the bin to be sloped downwardly and inwardly towards a center of the bin; the primary duct having a top wall which is tapered upwardly and inwardly towards a central apex of the primary duct that spans a length of the primary duct between the first and second ends of the primary duct; and the top wall of the primary duct joining the continuous duct wall at each end of the primary duct at a respective seam which is sloped downwardly in two directions from the central apex of the primary duct”, in combination with the other elements of claim 1 which claim 13 depends. The closest art of record is Ren in view of Rosumowitsch, as applied in the office action. While change in shape may be an obvious modification to a system (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant), the instant application attributes significance to the shape of the primary duct on [page 12 lines 3-5] of the specification dated 06/27/2023 (“The top wall portion of the primary duct 26 preferably remains devoid of openings and tapers upwardly to a central apex to prevent collection of grain thereon when discharging the bin”). Thus, Ren in view of Rosumowitsch does not teach the claim in its entirety. Additionally, a modification to include the amended claim language would have been non-obvious to one of ordinary skill in the art. No other prior art was found to read on claim 13.
Conclusion
The prior art of record not relied upon includes:
Zhao (CN109105008A), which teaches a similar ventilation apparatus for aerating a grain storage bin
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/BRETT PETERSON MALLON/Examiner, Art Unit 3762
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762