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 .
Election/Restrictions
Applicant's election with traverse of group I (claims 1-9) in the reply filed on 09/01/2026 is acknowledged. The traversal is on the ground(s) that the independent claim 1, recites “a layer of refractory blocks locked by each other in a tessellated pattern”, the independent claim 10, expressly require “a refractory layer structure comprising a layer of refractory blocks locked by each other in a tessellated pattern” and the independent claim 12 likewise expressly requires “a refractory layer structure comprising a plurality of layers of refractory block, with the blocks of each layer being locked in a tessellated pattern”. This is not found persuasive because the combination does not necessarily require and/or limited by a refractory layer structure that is defined by a tessellated pattern and furthermore the subcombination has separate utility such as for lining an industrial furnace or a rotary kiln, where no melting or smelting of a charged material occurs. In addition, the subcombination as recited does not include any particulars such as chemical composition that makes its use limited to the molten metal or material holding vessel or furnace of group II. The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stoy (US Patent No. 3,269,070).
Regarding claims 1 and 4, Stoy teaches a refractory layer structure (see figures 7-9, column 1, lines 120-15 and column 2, lines 1-11) comprising: a layer of refractory blocks (10, 40 and 80, see figures 1-12 and column 2, line 46-column 3, line 70) locked by each other in a tessellated pattern using the opposing concave side surface (12, see figures 1-3) and convex side surface (14, see figures 1-3 and column 2, lines 46-63) or using the opposing tongues (24,28,46,50,82,84,90, see figures 1-12 and column 2, line 46-column 3, line 70) and groove or recess (26,30,48,52,86,88,92, see figures 1-12 and column 2, line 46-column 3, line 70), wherein the layer of locked refractory blocks is uninterrupted (see figure 7-12 shows as such).
Regarding claim 3, Stoy teaches a structure that further comprises: one or
more securing bands (i.e. steel band, see column 2, lines 28-34) positioned around a
circumference of the layer of locked refractory blocks to secure the locked refractory blocks in the tessellated pattern.
Regarding claim 5, Stoy teaches a structure in which each of the refractory blocks have angles or curvatures (i.e., concave side surface (12, see figures 1-3 and column 2, lines 46-63) that respectively oppositely correspond with angles or curvatures (i.e. convex side surface (14, see figures 1-3 and column 2, lines 46-63) of adjacent
ones of the refractory blocks.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Stoy (US Patent No. 3,269,070) as applied to claim 1 above.
Regarding claim 2, Stoy, though teaches that the brick may be stacked without the use of an adhesive such mortar or cement (see column 1, lines 35-40 and column 2, lines 28-34). Stoy also teaches that it is known in the art to produce a stack construction of the refractory blocks with a binding agent in the form of cement or mortar provided therebetween two adjacent or contacting blocks for the purpose of providing sufficient degree of permanence or rigidity and also to prevent penetration of the walls with harmful and noxious gases (see column 1, lines 15-40); therefore it would have been obvious to one of ordinary skill in the art reading the disclosure of Stoy in totality to have readily and/or reasonable come to the conclusion that forming a stack construction of the refractory blocks does not necessarily exclude the use of binder. The disclosure of Stoy, therefore, reasonably encompasses the scope of claim 2).
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Stoy
(US Patent No. 3,269,070) as applied to claim 1 above and in view of Kan (US Patent No. 3,953,009).
Regarding claim 6, Stoy teaches a refractory layer structure (see figures 7-9, column 1, lines 120-15 and column 2, lines 1-11) comprising: a layer of refractory blocks (10, 40 and 80, see figures 1-12 and column 2, line 46-column 3, line 70) locked by each other in a tessellated pattern.
Stoy, however fails to teach a first block structures that widen from a lower portion thereof to an upper portion thereof; and second block structures that narrow from a lower portion thereof to an upper portion thereof, wherein the first block structures and the second block structures are respectively arranged adjacent to and in contact with each other.
Kan teaches a refractory layer structure (see Kan, figure 1, abstract and column 3, line 18-column 4, line 20) that comprises first block structures (B, see Kan, figure 1, abstract and column 3, line 18-column 4, line 20) that widen from a lower portion thereof to an upper portion thereof; and second block structures (A, see Kan, figure 1, abstract and column 3, line 18-column 4, line 20) that narrow from a lower portion thereof to an upper portion thereof, wherein the first block structures and the second block structures are respectively arranged adjacent to and in contact with each other (see figure 1 shows as such).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the refractory layer structure of Stoy to use an arrangement in which a first block structures that widen from a lower portion thereof to an upper portion thereof; and second block structures that narrow from a lower portion thereof to an upper portion thereof, wherein the first block structures and the second block structures are respectively arranged adjacent to and in contact with each other as exemplified by Kan and that would provide the advantage of distributing stresses generated in the lining evenly, so as to obtain the consequent benefit of extending the service life of the refractory layer structure during use for lining high temperature vessels.
Regarding claim 7, Stoy in view of Kan encompasses the scope of the claim because Stoy shows a block stacking sequence in which each of the different blocks (i.e., types of blocks 10,40 and 80) are arranged to contact one or more adjacent ones of the same type or of their own kind (see Stoy, at least figures 7-10).
Regarding claim 8, Stoy in view of Kan teaches a structure in which the layer (i.e., as seen in a vertical direction) of locked refractory blocks comprises first block structures (i.e., block 40, see Stoy, figures 7-10) and second block structures (i.e. 10 or 80, see Stoy, figures 7-10) the first block structures and the second block structures being respectively arranged adjacent to and in contact with each other in the tessellated pattern, each of the refractory blocks having curvatures that respectively oppositely correspond with curvatures of adjacent ones of the refractory blocks (see Stoy figures 7-10 show as such).
Regarding claim 9, neither Stoy nor Kan particularly show a refractory structure having in the layer of locked refractory blocks, one or more holes formed therein, each of the holes being defined by two of the first block structures and two of the second block structures as claimed; however the specification page 3, para [0011] states that the holes are intended to provide a throughhole to receive a tuyere configured for the delivery of hot blast of air or oxygen-rich air across the lining structure of a metallurgical furnace. Therefore, because the delivery of hot blast of air or oxygen-rich air into a furnace during operation is an art recognized process step; selection to provide similar hole(s) in the refractory structure of Stoy in view of Kan for the same purpose would have been obvious and/or within the purview to one of ordinary skill in the art at the time the invention was made.
Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure. Carolla et al. (US 10,260,813), Stein (US 3,220,367), Coleman (US 3,394,521) and Hale (US 1,492,685) are also cited in PTO-892.
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/M.A/Examiner, Art Unit 1733
/JESSEE R ROE/Primary Examiner, Art Unit 1759
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