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 .
The examiner suggested an amendment to the claims to place them in allowable form. The applicant declined to accept same.
No amendments are submitted at this time. The remarks filed 2/27/2026 are not persuasive for the reasons below set forth.
Information Disclosure Statement
The information disclosure statement (IDS) submitted 2/27/2026 has been considered by the examiner.
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.
(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.
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, 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6-8 and 11-16 is/are rejected under 35 U.S.C. 102 (a)(1)(2) as being anticipated by Gottlieb (US 3,998,649)
Regarding Claim 1:
Gottlieb (S 3,998,649) discloses a method of producing clinker (C 1 L4-11) more efficiently in particular thermal efficiency (C1 L65-58)
The process uses pre crushed raw materials in air gas flow vertical kilns (C2 L1-10) The chamber has a natural angle of repose (C2 L40-52)
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Meeting the limitations of claim 1 for a vertically oriented longitudinal axis
in a reaction chamber (Fig 1 Col 2 L35-68 – vertical calciner kiln etc.)
for a product exit port (10) C3L24-32) The apparatus has a burner and below side burners (i.e. “wave zones”)
for a gaseous combustion mixture inlet (Fig 1 C2 L35-68 11 showing inlet and 12 where air comes in from bottom and top)
Burner nozzle 9 side burners 11 for burning fuel combined with air
for one or more gas exhaust ports (Fig 1 C 2 :35-68 C3 L 6-18 flue gas outlet i.e. CO.sub.2 Fig: 18 and 13 10) flue gas fan (C2 L60-68)
Feed Pellets 17 - the raw materials (pre clinker) include limestone and clay and shale (C2 L24-38)(meeting claim 1 for source of CaO into starting material feed)
The raw materials (pre clinker) include limestone and clay and shale (C2 L24-38)(limestone including CaCO3 being a source of CaO of claims 1 and 4 et seq)
(i.e. limestone shale and clay comprising: carbonate quartz iron oxides shale includes SiO2 Al2O3 Fe2O3, CaO MgO Na2O K2O and clay includes AlsSi2O5(OH)4 – meeting claims 4-5 and 10)
The raw materials ae crushed and fed downwardly through vertical calciner/kiln with upward air and heated downward and counter currently to air flow. (See claim 1 of reference) (meeting placing gaseous combustion mixture into combustion inlet combusting in vertical reactor to heat mixture and release CO2 and form clinker) which is discharged from grate (10) into a hopper (C3 L145-24)
In the second stage the fine raw material blend thus achieved, must be heated up to a sufficiently high temperature to cause decomposition of the calcium and magnesium carbonates and sintering to clinker (CaO and clinker decomposition producing CO2 and CaO) The raw material has become clinker in the hot zone. (C1 L1-26-49) Forming clinker from CaO source (C2 L24-44 limestone feed Ca CO3) The termal efficienty is improved for formation of clinker (C1 L65 – C2 L10)
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(these sections were previously cited and are above presented for the convenience of applicant).
The reference teaches a mixture of high and low calcium blends of limestone and clay (Abstract) See Claim 1 of reference for mixtures. See also C1 L1-30 for mixtures. C2 L23-35 for blended clay and limestone which is crushed to form a high and low calcium blend each bled is fed through the calciner – i.e. a high calcium blend and a low calcium blend meeting the claim limitation for mixture.
Regarding Claim 2:
Gottlieb discloses the limitations above set forth. The chamber has a natural angle of repose (C2 L4-52) Figure 1 showing vertical oriented longitudinal axis reaction chamber showing a vertically oriented chamber with an angle of 45-90 degrees with a horizontal axis (Fig 1 C2 L35-52 configuration meeting claim 2)
Regarding Claim 3:
Gottlieb discloses the limitations above set forth. Showing vertical oriented longitudinal axis reaction chamber showing a vertically oriented chamber with an agnel of 45-90 degrees with a horizontal axis (Fig 1 C2 L35-52 configuration meeting claim 2)
Regarding Claims 4
Gottlieb discloses the limitations above set forth. The raw materials (pre clinker) include limestone and clay and shale (C2 L24-38)(limestone including CaCO3 being a source of CaO of claims 1 and 4 et seq)
(i.e. limestone shale and clay comprising: carbonate quartz iron oxides shale includes SiO2 Al2O3 Fe2O3, CaO MgO Na2O K2O and clay includes Al2Si2O5(OH)4 – meeting claims 4-5 and 10) (it is known by those of ordinary skill in the art at the time of filing the invention that clay includes alumino phyllosilicates Al2Si2O5(OH))
The limestone clay shale pre clinker are reduced in sized to less than an inch (C2 l35-45) The materials are in a counter current gas flow vertical kiln (C2 L35-45) meeting the limitation for a vertical reaction chamber vertical reactor and a gaseous combustion mixture into the chamber of claim 1 and a source of CaO of claim 1 and the source is limestone as in claim 4)
Regarding Claim 6:
Gottlieb discloses the limitations above set forth. Air is flowed in (12) (C2 L30-35) (meeting claim 6)
Regarding Claim 7:
Gottlieb discloses the limitations above set forth. The feed is pellet See Fig 1 17 (meeting claim 7) The limestone clay shale pe -clinker are reduced in sized to less than an inch (C2 l35-45)(overlapping the size of claim 7 of 0.03-1.9 inches)
Regarding Claim 8:
Gottlieb discloses the limitations above set forth. See Fig 1 where the combustion space permits heat to rise thereby pre heating the feed
Fig 1 C2 L35-68 air blower 12 travels upward through grate as shown with arow towards combustion with burner combustion space 9)
Air pipe 3 extended by bell 6 of a wound steel pipe provides combustion space (C2 L40-52) and burner nozzle 9.
Regarding Claim 11:
Gottlieb discloses the limitations above set forth. The clinker is removed from the exit port C3 L1-6 outlet temperature of 55 ºC from the calcining temperature of 1200º C and removed from the exit port 12 (i.e. the gaseous mixture will cool prior to exit of product)
Regarding Claims 12-13:
Gottlieb discloses the limitations above set forth. The material is heated to temperature of 1200º C in the hot zone of the kiln (C3 L1-12 (within the range of claims 12 and 13) (800C-2000C) one of ordinary skill in the art a the time of filing the invention could readily envisage 1250 esp, where the prior art teaches temperature required to obtain an exothermic onus of about 100 kcal pkg clinker (C3 l30-C4L2)
Regarding Claims 14:
Gottlieb discloses the limitations above set forth. One central burner combustion space with nozzle 9 and fed from fuel pipe 15 See Figure
Regarding Claims 15-16:
Gottlieb discloses the limitations above set forth. Heat is supplemented by heat from the calciner/kiln horizontally through side openings by circumferentially placed burners (See claim 2 reference meeting claims 8 and claims 15-16) Fig 1 C 2 L35-68 two side burners 11 for burning fuel and supplied air form blower for feeding circumferential burners etc.)
There may be two counter current air/gas flow vertical kilns (C2 L1-10 meeting claim 15 for two or more combustion waves) Gottlieb discloses a reaction chamber with multiple gas combustion mixture inlets injecting the gaseous mixture into each of the inlets (Fig 1 Col 2 L 36-38, two side burners, 11 for burning fuel and supplied with air from blower 12 See also drawing combustion space 9 of drawing meeting claim 16
Further Regarding the Claims - General teachings of Gottlieb:
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Showing vertical oriented longitudinal axis reaction chamber showing a vertically oriented chamber with an agnel of 45-90 degrees with a horizontal axis (Fig 1 C2 L35-52 configuration meeting claim 2)
showing a single combustion space (i.e. single combustion wave of claim 14)
Exit port i.e. discharge grate at the bottom of the reaction chamber (meeting claim 1 for removing with exit port and claim 3 for exit port at bottom of reaction chamber)
Feed is at the top of the chamber meeting claim 3 and an exit port is at the top and bottom (see 18 and 10 of Fig 2 – C2 L35-68 feed pellets 17 shown at top of kiln)
Inlet for gaseous combustion mixer See side burners and air blower 11-12 etc. C2 gas pipe connects to fuel source (15) i.e. inlet (C2 L52-58)
Outlet 18 for flue gas (i.e. exhaust gas) (C3 L10-15 flue gas outlet 18) (one or more gas exhaust port)
Discharge grate C3 L10-15 (10) (remove clinker from exit port)
Air is flowed in (12) (C2 L30-35) (meeting claim 6)
The material is heated to temperature of 1200 ºC in the hot zone of the kiln (C3 L1-12 (within the range of claims 12 and 13)
Heat is supplemented by heat from the calciner/kiln horizontally through side openings by circumferentially placed burners (See claim 2 reference meeting claims 8 and 15-19)
There may be two counter current air/gas flow vertical kilns (C2 L1-10 meeting claim 15 for two or more combustion waves)
Gottlieb discless a reaction chamber with multiple gas combustion mixture inlets injecting the gaseous mixture into each of the inlets (Fig 1 Col 2 L 36-38, two side burners, 11 for burning fuel and supplied with air from blower 12 See also drawing combustion space 9 of drawing meeting claim 16
Claim(s) 5, and 9-10 is/are rejected under 35 U.S.C. 103 (as obvious over Gottlieb (US 3,998,649) as applied to claims 1-4, 6-8 and 11-16 above alternatively as evidenced by Wikipedia (the relevant portions having been captured and incorporated below)
Regarding Claims 5
Gottlieb discloses the limitations above set forth. Gottlieb discloses: The raw materials (pre clinker) include limestone and clay and shale (C2 L24-38)(limestone including CaCO3 being a source of CaO of claims 1 and 4 et seq)
(i.e. limestone shale and clay comprising: carbonate quartz iron oxides shale includes SiO2 Al2O3 Fe2O3, CaO MgO Na2O K2O and clay includes Al2Si2O5(OH)4 as well as iron and magnesium– meeting claims 4-5 and 10)
In the second stage the fine raw material blend thus achieved, must be heated up to a sufficiently high temperature to cause decomposition of the calcium and magnesium carbonates and sintering to clinker (CaO and clinker decomposition producing CO2 and CaO) The raw material has become clinker in the hot zone. (C1 L26-49) Forming clinker from CaO source (C2 L24-44 limestone feed Ca CO3)
It is known by those of ordinary skill in the art at the time of filing the invention that clay includes alumino phyllosilicates Al2Si2O5(OH)4 and shale includes SiO.sub.2 as quartz.
For the convenience of applicant and in the alternative, See Wikipedia - Clay mineral - Wikipedia) is provided as an evidentiary reference (assuming arguendo the inventor is not so informed):
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Shale includes Quartz
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Quartz includes SiO.sub.2
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The limestone clay shale pre clinker are reduced in sized to less than an inch (C2 l35-45) The materials are in a counter current gas flow vertical kiln (C2 L35-45) meeting the limitation for a vertical reaction chamber vertical reactor and a gaseous combustion mixture into the chamber of claim 1 and a source of CaO of claim 1 and the source is limestone as in claim 4)
Regarding Claims 9-10:
Gottlieb discloses the limitations above set forth. In the second stage the fine raw material blend thus achieved, must be heated up to a sufficiently high temperature to cause decomposition of the calcium and magnesium carbonates and sintering to clinker (CaO and clinker decomposition producing CO2 and CaO) The raw material has become clinker in the hot zone. (C1 L26-49) Forming clinker from CaO source (C2 L24-44 limestone feed Ca CO3)
See claim 1 of reference: process for the calcination of Portland cement raw material components which comprises blending two separate mixes of clay and limestone each in a single stage crusher to provide separate high and low calcium content blends, feeding each said separate blend downwardly through correspondingly separate vertical calciners, drawing air upwardly through each said separate calciner and applying heat into both said calciners downwardly and counter currently to the air flow, said applying of the heat being sufficient for substantially complete calcination of said blends, and mixing said completely calcined blends
In the second stage the fine raw material blend thus achieved, must be heated up to a sufficiently high temperature to cause decomposition of the calcium and magnesium carbonates and sintering to clinker (CaO and clinker decomposition producing CO2 and CaO) The raw material has become clinker in the hot zone. (C1 L26-49) Forming clinker from CaO source (C2 L24-44 limestone feed Ca CO3)
The reference teaches Portland clinker which includes the claimed calcium silicates and calcium carbonates etc. of claim 10.
For the convenience of applicant general information pertaining to clinker as disclosed by Wikipedia is below set forth.
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Since the reference treats the claimed feed stock (i.e. limestone) in the claimed apparatus (vertical kiln) under the claimed conditions (i.e. dependent claim temperatures with air and combustion) it will necessarily product at least some of the claimed products including but not limited to those of instant claims 9-10 Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir.1990) “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)
Response to Arguments
Applicant's arguments filed 2/27/2026 have been fully considered but they are not persuasive.
Applicant attempts to distinguish the instant claimed invention from the prior art asserting the prior art does not teach formation of the final product “clinker” but instead only teaches calcined materials. This is not persuasive.
The various citations in the above rejection establish the prior art teaches the claimed process with the claimed materials feedstock the claimed apparatus and claimed conditions for reaction. As such clinker will necessarily be produced. The examiner notes the title of the cited prior art is: “Process of Manufacturing Portland Cement Clinker” The prior art teaches formation of clinker in multiple places.
See the above rejections. For example: In the second stage the fine raw material blend thus achieved, must be heated up to a sufficiently high temperature to cause decomposition of the calcium and magnesium carbonates and sintering to clinker (CaO and clinker decomposition producing CO2 and CaO) The raw material has become clinker in the hot zone. (C1 L1-26-49) Forming clinker from CaO source (C2 L24-44 limestone feed Ca CO3)
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Applicant argues the reference does not teach a mixture of materials but separates the materials into two different chambers. The instant claims require a source of CaO as a mixture but does not recite any more information. The examiner maintains the reference teaches a mixture of high and low calcium blends of limestone and clay (Abstract) See Claim 1 of reference for mixtures. See also C1 L1-30 for mixtures. As above set forth the prior art teaches the heating elements in multiple locations and further discloses zones meeting the claim limitations for “wave”.
Applicant argues the reference does not teach cooling of instant claim 11. This is not persuasive. The reference teaches variation on temperature from hot zone vs. other zones and air – the product is removed from the exit port C3 L1-6 outlet temperature of 55 ºC from the calcining temperature of 1200º C and removed from the exit port 12
Applicant argues the reference does not teach 1250ºC of claim 13. This is not persuasive. The examiner notes par. [0022-0024] of the instant specification – giving the claims the broadest reasonable interpretation in view of the specification the examiner finds the reference teaches a value which anticipates the instantly claimed range. A reference disclosure can anticipate a claim when the reference describes the limitations but "'d[oes] not expressly spell out' the limitations as arranged or combined as in the claim, if a person of skill in the art, reading the reference, would ‘at once envisage’ the claimed arrangement or combination." Kennametal, Inc. v. Ingersoll Cutting Tool Co., 780 F.3d 1376, 1381, 114 USPQ2d 1250, 1254 (Fed. Cir. 2015)
For the above reasons the rejections are maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA HL WEISS whose telephone number is (571)270-7057. The examiner can normally be reached M-Thur 830 am-700 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Coris Fung can be reached at (571) 270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAMELA H WEISS/Primary Patent Examiner, Art Unit 1732