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 Objections
Claims 1-20 are objected to because of the following informalities:
Regarding claim 1 and 11, the phrase "…movement of an/a asphalt used in the manufacture of roofing…" should be changed to "the asphalt" as antecedent basis has been established in the preamble of claims 1 and 11 “heating asphalt used in the manufacture of roofing….”
Claims 2-10 and 12-20 inherit the above deficiencies and are objected to due to dependency upon objected-to claim.
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 4, 5, 14 and 15 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.
Regarding claim 4 and 14, the independent claims 1 and 11 recite an apparatus and method for conveying and heating “asphalt” while dependent claims 4 and 14 attempt to further limit the material by reciting “wherein the asphalt used in the manufacturing of roofing comprises one or more of the following: asphalt;…” setting forth that the asphalt of claim 1 may simply comprise of only “asphalt” by nature of the claim language reciting “comprises one or more.” This introduces ambiguity as to how a substance can comprise itself and brings into question the definition of “asphalt,” for example, whether the term “asphalt” in claim 1 refers to a final composite mixture, whether it should be differentiated from the raw material “asphalt” recited in claim 4 and 14 that comprises the final composite mixture “asphalt” from claim 1, rendering the claims indefinite.
Regarding claims 5 and 15, the phrase “manufacture of roofing at least 3° Fahrenheit” is missing a preposition that describes whether the temperature is being heated “to at least 3° Fahrenheit” or “by at least 3° Fahrenheit”, etc., rendering the claim language unclear whether the induction heater is configured to heat up to or until at least 3° F or by increments of at least 3° F at a time, rendering the claim indefinite.
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman et al., US Patent Application Publication No. 20170355530 A1 in view of Lasko, US Patent Application Publication No. 8080117 B1.
Claim 1. Hoffman discloses an induction heating system for heating asphalt used in the manufacture of roofing, comprising: (Hoffman, Abstract “…systems for fluid transportation using inductive heating…”)
a pipe comprising an opening configured to facilitate movement of an asphalt used in the manufacture of roofing through the opening; (Hoffman, [0037] “The fluid can be fed into an opening, such as a tapered or funneled opening of an augur transportation pipe”; and Fig 1A shows the piping assembly 100 with a transportation pipe 103 and 109.)
an asphalt conveyance system configured to convey the asphalt used in the manufacture of roofing through the pipe; and (Hoffman, [0027] “The augur 121 can include a screw shaped or helical structure that causes a flow of the fluid within the transportation piping assembly 100.”)
an induction heater, comprising: (Hoffman, [0031] “The fluid being transported within the transportation piping assembly 100 can have viscosity reduced, for example, through the inductive heating using the inductive elements 106 that can heat the wall of the transportation pipe 103 (and the augur 121).”)
a plurality of induction heating coils, (Hoffman, Fig. 1B shows induction coils 112.)
wherein each of the plurality of induction heating coils is positioned around a circumference of the pipe; (Hoffman, Fig. 1A shows induction coils 112 positioned around the circumference of the pipe.)
a power supply configured to supply power [to the electronic oscillator, causing the electronic oscillator] to pass a high frequency alternating current through the plurality of induction heating coils, generating an electromagnetic field around the plurality of induction heating coils, (Hoffman, [0016] “As one example of the process of induction heating, a high-frequency alternating current (AC) can be passed through a wire or coil positioned closely to or wrapped around an electrically conducting object. A high-frequency alternating magnetic field is then generated around the wire or coil and penetrates the electrically conducting object.”)
wherein the electromagnetic field is configured to heat the pipe through Joule heating, imparting thermal energy to the asphalt used in the manufacture of roofing within the opening of the pipe, heating the asphalt used in the manufacture of roofing to a desired temperature. (Hoffman, [0016] “electric currents, called eddy currents, are generated inside the electrically conducting object. The eddy currents heat the electrically conducing object by the magnetic resistance inherent in the heated object” where the heat from eddy currents corresponding to the claimed Joule heating defined as “heat resulting from an electric current through a resistance” (merriam-webster.com); and [0018] “Using induction heating, an electrically conducing object can be directly and rapidly heated without using conduction. Because conduction is not relied upon, there is no need to make contact with the object being heated.”)
Hoffman does not explicitly disclose an electronic oscillator coupled to ends of the plurality of induction heating coils; and [a power supply configured to supply power] to the electronic oscillator [….]
Lasko discloses an electronic oscillator coupled to ends of the plurality of induction heating coils; and [a power supply configured to supply power] to the electronic oscillator, causing the electronic oscillator […] (Lasko, col. 2 line 42 “The apparatus can be constructed to be powered by a carriage 2 contained propane fuel cell delivering DC power to the high frequency power supply 8”; and col. 3 line 7 “Power supply 8 provides power to inductor coil 22 at a frequency of 40 KHz to 100 KHz.”)
Hoffman and Lasko are analogous art because they are related to systems for heating a viscous fluid such as bitumen or asphalt. Paragraph [0057] of the instant specification describes an electronic oscillator as the component “which controls the oscillation intensity of the electric current generated by the induction heating coils” which relies on the plain and ordinary meaning of “electronic oscillator” as simply a component that oscillates current. Hoffman does not explicitly disclose an electronic oscillator coupled to the heating coils responsible for the alternating current passing through the coils, only that a high frequency alternating current can be passed through the wire or coil around the electrically conducting object at a certain frequency (see Hoffman, [0016]). Lasko describes the system having a fuel cell that delivers DC power to the high frequency power supply, which in turn provides power to the inductor coil at a certain frequency similar to the process described in Hoffman. As such, Lasko discloses a power supply capable of converting the DC power into AC power between a frequency of 40 KHz to 100KHz, inherently disclosing an oscillator which is necessarily present in order to convert DC power into AC for the induction coil, corresponding to the claimed electronic oscillator as defined by paragraph [0057] of the instant specification.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the induction heating system disclosed by Hoffman with a power supply including a component capable of oscillating a current in order to turn DC power to AC power at a certain frequency, as taught by Lasko. One of ordinary skill in the art would have been motivated to make such a modification in order to utilize the enhanced portability and availability of DC power sources, such as propane fuel (see Lasko, col. 2 line 45.)
Claim 2. Modified Hoffman discloses the induction heating system of claim 1,
wherein the plurality of induction heating coils comprises between four and eight induction heating coils. (Hoffman, Fig. 1A shows a plurality of coils on the induction heating coil.)
Although modified Hoffman does not explicitly disclose using between four and eight induction heating coils, Hoffman discloses using a plurality of induction heating elements 106 and 112 along the pipe shown in Fig. 1A. The length of the pipe dictates how many coils may fit around the pipe in order to efficiently heat the pipe disclosed. As such, the number of coils of the induction heating system directly effects how efficiently the induction heating system heats the pipe, establishing the number of coils as a result effective variable. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Hoffman by selecting a number of coils based on the length of the pipe being designed to heat. One of ordinary skill in the art would have been motivated to make such a modification in order to optimize the ability of the induction system to heat the pipe along with the viscous fluid being conveyed inside the pipe (see MPEP § 2144.05 II. A).
Claim 3. Modified Hoffman discloses the induction heating system of claim 1,
wherein the plurality of induction heating coils comprises copper. (Lasko, col. 3 line 8 “Inductor coil 22 is constructed of 0.150''.times.0.050'' bare rectangular motor winding copper.”)
Claim 4. Modified Hoffman discloses the induction heating system of claim 1,
wherein the asphalt used in the manufacture of roofing comprises one or more of the following: asphalt; polymer; acid modifiers; petroleum resin; wax; and limestone. (Hoffman, [0010] states the fluids being transported include bitumen, defined as “a black, sticky substance such as tar or asphalt, used for making roads and roofs” (dictionary.cambridge.org).)
Regarding claim 4, the claim language merely recites the material or article worked upon by the claimed apparatus. The transportation pipe and induction heating system of Hoffman is structurally capable of receiving, conveying and heating an asphalt mixture comprising “one or more of the following: asphalt; polymer; acid modifiers; petroleum resin; wax; and limestone” as written. As such, the "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." (See MPEP § 2115).
Claim 5. Modified Hoffman discloses the induction heating system of claim 1,
wherein the induction heater is configured to heat the asphalt used in the manufacture of roofing at least 3° Fahrenheit. (Hoffman, [0020] “the maximum surface temperature attained using steam can be 150° C. whereas induction heating is capable of heating rawbit to 300° C.”)
Claim 6. Modified Hoffman discloses the induction heating system of claim 1,
wherein the induction heater is configured to heat the asphalt used in the manufacture of roofing to approximately 460° Fahrenheit. (Hoffman, [0020] “the maximum surface temperature attained using steam can be 150° C. whereas induction heating is capable of heating rawbit to 300° C.”
Examiner’s Note: the system disclosed by Hoffman is capable of heating rawbit, or raw bitumen, up to 300° C or 572° F, which encompasses the claimed 460° F. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP § 2144.05 I.)
Claim 7. Modified Hoffman discloses the induction heating system of claim 1,
further comprising a thermocouple configured to measure a temperature of the asphalt used in the manufacture of roofing. (Hoffman, [0041] “FIG. 3 shows an inductive unit with an example control circuit 303. The control circuit 303 can include a transformer 312, relay with fuses or breakers 315, impedance matching network 318, meters 321 that can measure the voltage and current, (such as Hall Effect sensors), one or more thermocouples 327 (e.g., for each inductive element), and a controller 330.”)
Claim 8. Modified Hoffman discloses the induction heating system of claim 7,
wherein the induction heater further comprises a processor configured to: based on the temperature of the asphalt used in the manufacture of roofing, thermostatically adjust a power output of the power supply in order to adjust the temperature of the asphalt used in the manufacture of roofing. (Hoffman, Fig. 3 shows a controller 330; and [0041] “the controller 330 can gate, limit, or control the heating temperature and the power delivered based on the meters 321 and the thermocouples 330.”)
Claim 9. Modified Hoffman discloses the induction heating system of claim 1,
further comprising an asphalt applicator configured to apply the asphalt used in the manufacture of roofing to one or more roofing materials. (Lasko, col. 3 line 21 “The hot liquid is gathered in cone 33 formed of Teflon sheet to exit as stream 34 over a crack. Distribution roll 35 is added to level excess material” where the cone 33 corresponding to the claimed asphalt applicator.)
Claim 10. Modified Hoffman discloses the induction heating system of claim 9,
wherein the asphalt applicator is positioned along the pipe, downstream from the induction heater. (Lasko, Fig. 2 shows induction coil 22 of the heat susceptor assembly 5 with the asphalt cylinder supported above; and Fig. 4 shows the cone 33 downstream from the induction coil of the heat susceptor assembly 5.)
Claim 11. A method for heating asphalt […], comprising: (Hoffman, Abstract “…systems for fluid transportation using inductive heating…”; [0010] states the fluids being transported include bitumen, defined as “a black, sticky substance such as tar or asphalt, used for making roads and roofs” (dictionary.cambridge.org).)
conveying, using a asphalt conveyance system, asphalt used in the manufacture of roofing through a pipe, (Hoffman, [0027] “The augur 121 can include a screw shaped or helical structure that causes a flow of the fluid within the transportation piping assembly 100”; and Fig 1A shows the piping assembly 100 with a transportation pipe 103 and 109.)
wherein the pipe comprises an opening configured to facilitate movement of the asphalt used in the manufacture of roofing through the opening; (Hoffman, [0037] “The fluid can be fed into an opening, such as a tapered or funneled opening of an augur transportation pipe.”)
heating the pipe using an induction heater, (Hoffman, [0031] “The fluid being transported within the transportation piping assembly 100 can have viscosity reduced, for example, through the inductive heating using the inductive elements 106 that can heat the wall of the transportation pipe 103 (and the augur 121).”)
wherein: the induction heater comprises: a plurality of induction heating coils, (Hoffman, Fig. 1B shows induction coils 112.)
wherein each of the plurality of induction heating coils is positioned around a circumference of the pipe; (Hoffman, Fig. 1A shows induction coils 112 positioned around the circumference of the pipe.)
a power supply configured to supply power [to the electronic oscillator, causing the electronic oscillator] to pass a high frequency alternating current through the plurality of induction heating coils, generating an electromagnetic field around the plurality of induction heating coils, and (Hoffman, [0016] “As one example of the process of induction heating, a high-frequency alternating current (AC) can be passed through a wire or coil positioned closely to or wrapped around an electrically conducting object. A high-frequency alternating magnetic field is then generated around the wire or coil and penetrates the electrically conducting object.”)
the electromagnetic field is configured to heat the pipe through Joule heating; and (Hoffman, [0016] “electric currents, called eddy currents, are generated inside the electrically conducting object. The eddy currents heat the electrically conducing object by the magnetic resistance inherent in the heated object” where the heat from eddy currents corresponding to the claimed Joule heating defined as “heat resulting from an electric current through a resistance” (merriam-webster.com).)
heating the asphalt used in the manufacture of roofing to a desired temperature by imparting thermal energy from the pipe to the asphalt used in the manufacture of roofing within the opening of the pipe. (Hoffman, [0016] “electric currents, called eddy currents, are generated inside the electrically conducting object. The eddy currents heat the electrically conducing object by the magnetic resistance inherent in the heated object”; and [0018] “Using induction heating, an electrically conducing object can be directly and rapidly heated without using conduction. Because conduction is not relied upon, there is no need to make contact with the object being heated.”)
Hoffman does not explicitly disclose [A method for heating asphalt] used in the manufacture of roofing, [comprising:…] an electronic oscillator coupled to ends of the plurality of induction heating coils; and [a power supply configured to supply power] to the electronic oscillator, causing the electronic oscillator […]
[A method for heating asphalt] used in the manufacture of roofing, [comprising:] (Lasko, col. 1 line 5 “Induction heating of a steel susceptor is utilized to melt industry standard 100-pound cylinders of asphalt at the point of application. A face of the solid asphalt cylinder contacts a hot perforated steel susceptor and gravity flows to the roof surface.”)
an electronic oscillator coupled to ends of the plurality of induction heating coils; and [a power supply configured to supply power] to the electronic oscillator, causing the electronic oscillator […] (Lasko, col. 2 line 42 “The apparatus can be constructed to be powered by a carriage 2 contained propane fuel cell delivering DC power to the high frequency power supply 8”; and col. 3 line 7 “Power supply 8 provides power to inductor coil 22 at a frequency of 40 KHz to 100 KHz.”)
Hoffman and Lasko are analogous art because they are related to systems for heating a viscous fluid such as bitumen or asphalt. Hoffman differs from the claimed invention only in that it does not explicitly disclose heating asphalt for the application in roofing. However, Hoffman discloses the steps of conveying and heating highly viscous fluids including bitumen using induction heating in order to decrease viscosity for processing and transportation. Lasko discloses an induction heating system and method for melting and applying asphalt used in roofing by transporting cylinders of asphalt and heating them in a vertical orientation at the moving site of application in place of the method of pumping the asphalt and distributing it manually with rag mops at the application site, which may liberate odiferous and potentially carcinogenic smoke. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to apply the induction-heated pipe method to convey asphalt as taught by Hoffman into the cylinders for the application of roofing by utilizing induction heating and spreading the asphalt with a wheeled carriage as disclosed by Lasko. One of ordinary skill in the art would have been motivated to apply Hoffman’s method of transporting asphalt through heated pipes to Lasko’s apparatus and method of packaging asphalt in cylinders for the use of application in roofing in order to safely and efficiently heat highly viscous roofing asphalt that are difficult to process and transport, until they may be packaged into the cylinder’s used by Lasko to further optimize controlled distribution, minimize labor required and enhance job-site safety and energy efficiency as taught by Lasko, yielding predictable results.
Furthermore, paragraph [0057] of the instant specification describes an electronic oscillator as the component “which controls the oscillation intensity of the electric current generated by the induction heating coils” which relies on the plain and ordinary meaning of “electronic oscillator” as simply a component that oscillates current. Hoffman does not explicitly disclose an electronic oscillator coupled to the heating coils responsible for the alternating current passing through the coils, only that a high frequency alternating current can be passed through the wire or coil around the electrically conducting object at a certain frequency (see Hoffman, [0016]). Lasko describes the system having a fuel cell that delivers DC power to the high frequency power supply, which in turn provides power to the inductor coil at a certain frequency similar to the process described in Hoffman. As such, Lasko discloses a power supply capable of converting the DC power into AC power between a frequency of 40 KHz to 100KHz, inherently disclosing an oscillator which is necessarily present in order to convert DC power into AC for the induction coil, corresponding to the claimed electronic oscillator as defined by paragraph [0057] of the instant specification.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the induction heating system disclosed by Hoffman with a power supply including a component capable of oscillating a current in order to turn DC power to AC power at a certain frequency, as taught by Lasko. One of ordinary skill in the art would have been motivated to make such a modification in order to utilize the enhanced portability and availability of DC power sources, such as propane fuel (see Lasko, col. 2 line 45.)
Claim 12. Modified Hoffman discloses the method of claim 11,
wherein the plurality of induction heating coils comprises between four and eight induction heating coils. (Hoffman, Fig. 1A shows a plurality of coils on the induction heating coil.)
Although modified Hoffman does not explicitly disclose using between four and eight induction heating coils, Hoffman discloses using a plurality of induction heating elements 106 and 112 along the pipe shown in Fig. 1A. The length of the pipe dictates how many coils may fit around the pipe in order to efficiently heat the pipe disclosed. As such, the number of coils of the induction heating system directly effects how efficiently the induction heating system heats the pipe, establishing the number of coils as a result effective variable. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Hoffman by selecting a number of coils based on the length of the pipe being designed to heat. One of ordinary skill in the art would have been motivated to make such a modification in order to optimize the ability of the induction system to heat the pipe along with the viscous fluid being conveyed inside the pipe (see MPEP § 2144.05 II. A).
Claim 13. Modified Hoffman discloses the method of claim 11,
wherein the plurality of induction heating coils comprises copper. (Lasko, col. 3 line 8 “Inductor coil 22 is constructed of 0.150''.times.0.050'' bare rectangular motor winding copper.”)
Claim 14. Modified Hoffman discloses the method of claim 11,
wherein the asphalt used in the manufacture of roofing comprises one or more of the following: asphalt; polymer; acid modifiers; petroleum resin; wax; and limestone. (Lasko, Fig. 4 shows an asphalt cylinder 1 that is part of the heat susceptor assembly 5.)
Claim 15. Modified Hoffman discloses the method of claim 11,
wherein heating the asphalt used in the manufacture of roofing comprises heating the asphalt used in the manufacture of roofing at least 3° Fahrenheit. (Hoffman, [0020] “the maximum surface temperature attained using steam can be 150° C. whereas induction heating is capable of heating rawbit to 300° C.”)
Claim 16. Modified Hoffman discloses the method of claim 11,
wherein heating the asphalt used in the manufacture of roofing comprises heating the asphalt used in the manufacture of roofing to approximately 460° Fahrenheit. (Hoffman, [0020] “the maximum surface temperature attained using steam can be 150° C. whereas induction heating is capable of heating rawbit to 300° C.”
Examiner’s Note: the system disclosed by Hoffman is capable of heating rawbit, or raw bitumen, up to 300° C or 572° F, which encompasses the claimed 460° F. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP § 2144.05 I.)
Claim 17. Modified Hoffman discloses the method of claim 11,
further comprising measuring a temperature of the asphalt used in the manufacture of roofing using a thermocouple. (Hoffman, [0041] “FIG. 3 shows an inductive unit with an example control circuit 303. The control circuit 303 can include a transformer 312, relay with fuses or breakers 315, impedance matching network 318, meters 321 that can measure the voltage and current, (such as Hall Effect sensors), one or more thermocouples 327 (e.g., for each inductive element), and a controller 330.”)
Claim 18. Modified Hoffman discloses the method of claim 17,
further comprising, using a processor, based on the temperature of the asphalt used in the manufacture of roofing, thermostatically adjusting a power output of the power supply in order to adjust the temperature of the asphalt used in the manufacture of roofing. (Hoffman, Fig. 3 shows a controller 330; and [0041] “the controller 330 can gate, limit, or control the heating temperature and the power delivered based on the meters 321 and the thermocouples 330.”)
Claim 19. Modified Hoffman discloses the method of claim 11,
further comprising applying, using an asphalt applicator, the asphalt used in the manufacture of roofing to one or more roofing materials. (Lasko, col. 3 line 21 “The hot liquid is gathered in cone 33 formed of Teflon sheet to exit as stream 34 over a crack. Distribution roll 35 is added to level excess material” where the cone 33 corresponding to the claimed asphalt applicator.)
Claim 20. Modified Hoffman discloses the method of claim 19,
wherein the asphalt applicator is positioned along the pipe, downstream from the induction heater. (Lasko, Fig. 2 shows induction coil 22 of the heat susceptor assembly 5 with the asphalt cylinder supported above; and Fig. 4 shows the cone 33 downstream from the induction coil of the heat susceptor assembly 5.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTENE NHELLE B MACEDA whose telephone number is (571)272-2380. The examiner can normally be reached M-Th 7:30a-5:00p.
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/K.B.M./Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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