Prosecution Insights
Last updated: April 19, 2026
Application No. 18/489,127

FLAME PROTECTION APPARATUS FOR A BURNER, PLATE FIN FOR SUCH A FLAME PROTECTION APPARATUS AND DRYING DRUM COMPRISING SUCH A FLAME PROTECTION APPARATUS

Non-Final OA §102§103
Filed
Oct 18, 2023
Examiner
WAN, DEMING
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Benninghoven Zweigniederlassung Der Wirtgen Mineral Technologies GmbH
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
691 granted / 903 resolved
+6.5% vs TC avg
Strong +42% interview lift
Without
With
+42.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
46 currently pending
Career history
949
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
47.9%
+7.9% vs TC avg
§102
25.2%
-14.8% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 903 resolved cases

Office Action

§102 §103
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 § 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. Claim s 1 - 9 and 11-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by anticipated by US Patent Publication 2008/0031080 to Hawkins . In Reference to Claim 1 Hawkins discloses a flame protection apparatus for a burner, the flame protection apparatus comprising: a plurality of plate fins (Fig. 7, annotated by the examiner ) arranged in a circumferential arrangement in the circumferential direction with respect to a central longitudinal axis (As showed in Fig. 7 ) , wherein plate fins of the plurality of plate fins arranged adjacent to one another (As showed in Fig. 7 ) in the circumferential direction are sealed by means of a circumferential gap seal ( Fig. 7, annotated by the examiner ) In Reference to Claim 2 Hawkins discloses the flame protection apparatus is in a drying drum ( Abstract ) . In Reference to Claim 3 Howkins discloses the drying drum is part of an asphalt facility (Abstract) In Reference to Claim 4 Hawkins discloses plate fins of the plurality of plate fins (Fig. 7, annotated by the examiner) arranged adjacent to one another in the circumferential direction have sealing elements (Fig. 7, 90 ) that face one another. In Reference to Claim 5 Hawkins discloses the sealing elements that face one another are sealing strips (Fig. 7, 90, the sealing strip has two brackets and they are facing each other) . In Reference to Claim 6 Hawkins discloses the sealing elements are integrally formed as one piece. (Fig. 7, the sealing piece 90 is a single piece) In Reference to Claim 7 Hawkins discloses the sealing elements are designed as folded edges of the plate fins of the plurality of plate fins. (AS showed in Fig. 7, the sealing element 90 has folded edges at both ends) In Reference to Claim 8 Hawkins discloses the plate fins of the plurality of plate fins (Fig. 7, annotated by the examiner) have a flame protection section that faces the central longitudinal axis and presents a planar surface (Fig. 7, annotated by the examiner) . In Reference to Claim 9 Hawkins discloses the circumferential arrangement of the plate fins of the plurality of plate fins is configured to be self-supporting (As showed in Fig. 7, plates fins have one end attached to the wall) . In Reference to Claim 10 Hawkins discloses a plurality of circumferential arrangements are arranged one behind the other along the central longitudinal axis. (As showed in Fig. 7, one end of the fin is positioned behind an end of the adjacent fin) In Reference to Claim 12 Hawkins discloses an axial gap seal (Fig. 7, annotated by the examiner) is formed between plate fins of the plurality of plate fins arranged adjacent to one another along the central longitudinal axis. In Reference to Claim 13 Hawkins discloses the plate fins of the plural ity of plate fins have a folded edge (Fig. 7, annotated by the examiner) at a transverse orientation with respect to the central longitudinal axis. In Reference to Claim 14 Hawkins discloses the plate fins of the plurality of plate fins have a folded edge (Fig. 7, annotated by the examiner) at a perpendicular orientation with respect to the central longitudinal axis. (As showed in Fig. 7) In Reference to Claim 15 Hawkins discloses a plate fin for a flame protection apparatus according to claim 1. (AS showed in Fig. 1) In Reference to Claim 16 Hawkins discloses s drying drum comprising a flame protection apparatus according to claim 1. (As showed in Fig. 1) 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. 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hawkins in view of US Patent Publication 2012/0131812 to Mammoli . In Reference to Claim 10 Hawkins discloses the plate fin attached to t he drum. Mammoli teaches the plate fin holder fastened to the fin (Fig. 5, 30) It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Mammoli into the design of Hawkins. Doing so, would result in the fin being fastened to a fin holder. Both inventions of Hawkins and Mammoli having fins in an eclosed space, Mammoli provides an easier method of replacing an individual fin . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DEMING WAN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1410 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Thur: 8 am to 6 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, FILLIN "SPE Name?" \* MERGEFORMAT Michael Hoang can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 57122726460 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. FILLIN "Examiner Stamp" \* MERGEFORMAT DEMING . WAN Examiner Art Unit 3762 /DEMING WAN/ Primary Examiner, Art Unit 3762 3/6/26
Read full office action

Prosecution Timeline

Oct 18, 2023
Application Filed
Mar 06, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601103
FOREIGN SUBSTRATE COLLECTOR FOR A LAUNDRY APPLIANCE
2y 5m to grant Granted Apr 14, 2026
Patent 12590394
Air Bypass Seal With Backer For Improved Drying Performance In A Combination Washer/Dryer
2y 5m to grant Granted Mar 31, 2026
Patent 12590400
HANGER DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12588452
SUBSTRATE PROCESSING APPARATUS AND METHOD THEREOF
2y 5m to grant Granted Mar 24, 2026
Patent 12578142
DRY SPACE CREATION APPARATUS AND DRY SPACE CREATION METHOD
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+42.4%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 903 resolved cases by this examiner. Grant probability derived from career allow rate.

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