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 .
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.
Status of Claims
The following action is in response to the applicant’s Amendment dated 4/23/2026, that was in response to the Office action dated 1/23/2026. Claims 1-30 are pending.
Response to Arguments
Applicant's arguments filed 4/23/2026 have been fully considered but they are not persuasive. The reasons for applicant’s remarks not being persuasive are given below.
Applicant respectfully submits that Chen is not to a burner configured for premix combustion, and that Chen shows a gas-gas mixer, e.g. Chen does not show “a burner… configured to reduce formation of a pollutant when the fuel and the oxidizer are combusted. It is agreed by the examiner that Chen predominantly shows a mixer, but the functionality is present in Chen, e.g. a structure that reduces formation of pollutant when a fuel and oxidizer are combusted. Chen specifically addresses the need to properly mix fuel and oxidizer to ensure proper combustion [see paragraph 0011-0012]. Although one of ordinary skill would acknowledge that Chen discloses a mixture, it is also believed that one of ordinary skill would understand that Chen shows a structure commonly used for combustive purposes. In paragraph 0025, Chen suggests a system for mixing two gas streams that include a mixer and a reactor (or the burner), wherein the streams are a oxygen and hydrocarbon, and includes a flame arrestor. This all occurs upstream as claimed to avoid an improper reaction.
Applicant further submits that Chen’s annular mixing area is not a first packing, the flame arrestor is not the second packing and there is not a packing gap that can be assumed to be the gas-gas mixer. It is agreed that the areas equated as the first packing volume, second packing volume are not containing of a specific material, however this is not seen in at least claim 1. Applicant, in paragraph 0029 suggests possible structures for the packing which would overcome the art. As mapped, Chen functionally shows the performance of the first and second packing volumes in combination with the packing gap. The combination of Chen and Stigler, although showing two separate inventive concepts, are believed to be combinable for Stigler teaching certain structural arrangements that would allow Chen to function as intended. For these reasons, the application is unique and therefore allowable.
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.
Claim(s) 1, 11, 14 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al [20200156025].
With respect to claim 1, Chen discloses: A burner for premixing fuel and oxidizer to form a flammable mixture for a combustion reaction in a reaction zone, the burner configured to reduce formation of a pollutant when the fuel and the oxidizer are combusted while deterring upstream propagation of the combustion reaction out of the reaction zone, the burner comprising: a mixer (see reproduced figure 1, below) for premixing fuel and oxidizer to form a flammable mixture to be supplied to a reaction zone for a combustion reaction [paragraph 0010], the mixer configured to reduce formation of a pollutant when the fuel and the oxidizer are combusted; a flame arrestor (see reproduced figure 1, below) for deterring upstream propagation of the combustion reaction out of the reaction zone [paragraph 0012, 0025], the mixer and the flame arrestor including: a first packing volume for containing first packing, a second packing volume for containing second packing, a packing gap in fluid communication between the first packing volume and the second packing volume [see reproduced FIG 1 below].
With respect to claim 11, Chen discloses: A method for premixing fuel and oxidizer in a burner to form a flammable mixture to be supplied to a reaction zone for a combustion reaction, the burner configured to reduce formation of a pollutant when the fuel and the oxidizer are combusted while deterring upstream propagation of the combustion reaction out of the reaction zone, the method comprising: introducing fuel and oxidizer to a first packing volume containing first packing [paragraph 0010]; introducing the fuel and the oxidizer to a packing gap downstream of the first packing volume; and introducing the fuel and the oxidizer to a second packing volume containing second packing downstream of the packing gap [paragraph 0012, 0025].
With respect to claim 14, Chen discloses: A burner for premixing fuel and oxidizer to form a flammable mixture for a combustion reaction in a reaction zone, the burner configured to reduce formation of a pollutant when the fuel and the oxidizer are combusted while deterring upstream propagation of the combustion reaction out of the reaction zone, the burner comprising: a mixer (see reproduced figure 1, below) for premixing fuel and oxidizer to form a flammable mixture to be supplied to a reaction zone for a combustion reaction [paragraph 0010], the mixer configured to reduce formation of a pollutant when the fuel and the oxidizer are combusted; and a flame arrestor (see reproduced figure 1, below) for deterring upstream propagation of the combustion reaction out of the reaction zone [paragraph 0012, 0025].
With respect to claim 26, Chen discloses: A method for premixing fuel and oxidizer in a burner to form a flammable mixture to be supplied to a reaction zone for a combustion reaction, the burner configured to reduce formation of a pollutant when the fuel and the oxidizer are combusted while deterring upstream propagation of the combustion reaction out of the reaction zone, the method comprising: introducing fuel and oxidizer to a mixer (see reproduced figure 1, below) for premixing the fuel and the oxidizer to form a flammable mixture to be supplied to a reaction zone for a combustion reaction [paragraph 0010]; and introducing the fuel and the oxidizer to a flame arrestor for deterring upstream propagation of the combustion reaction out of the reaction zone [paragraph 0012, 0025].
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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) 2-10, 13, 15-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al [20200156025], further in view of Stilger et al [5320518].
With respect to claims 2-10, 13, 15-25, 28-30 Chen discloses the invention as substantially claimed, however does not show certain details of the packing volumes as further claimed.
Stilger makes up for these deficiencies by teaching:
{cl. 2} The burner as recited in claim 1, wherein the mixer (104) and the flame arrestor (100) occupy the same volume [see FIG 13].
{cl. 3} The burner as recited in claim 1, further comprising first packing in the first packing volume and second packing in the second packing volume [col 18, line 33-49].
{cl. 4} The burner as recited in claim 3, wherein at least one of the first packing or the second packing comprises random packing [col 11, line 63-col 12, line 8].
{cl. 5} The burner as recited in claim 4, wherein the random packing comprises a plurality of at least one of Pall rings or Raschig rings [col 11, line 63-col 12, line 8].
{cl. 6} The burner as recited in claim 3, wherein at least one of the first packing or the second packing comprises structured packing [col 17, line 54-col 18, line 11].
{cl. 7} The burner as recited in claim 6, wherein the structured packing comprises a plurality of rigid flow channels (96) [see FIG 13].
{cl. 8} The burner as recited in claim 1, wherein the fuel comprises at least one of a flammable gas, a flammable liquid, or a flammable solid [see abstract].
{cl. 9} The burner as recited in claim 1, wherein the oxidizer comprises at least one of ambient air or oxygen from a pressurized oxygen source [col 8, line 19-27].
{cl. 10} The burner as recited in claim 1, wherein the oxidizer comprises a vitiated oxidizer [col 8, line 19-27].
{cl. 13} The method as recited in claim 11, wherein the oxidizer comprises vitiated oxidizer [col 11, line 35-48].
{cl. 15} The burner as recited in claim 14, wherein the mixer (104) and the flame arrestor (100) occupy the same volume [see FIG 13].
{cl. 16} The burner as recited in claim 15, wherein the mixer and the flame arrestor include a packing volume [col 18, line 33-49].
{cl. 17} The burner as recited in claim 14, wherein the mixer and the flame arrestor include: a first packing volume for containing first packing, a second packing volume for containing second packing, a packing gap in fluid communication between the first packing volume and the second packing volume [col 11, line 63-col 12, line 8].
{cl. 18} The burner as recited in claim 17, further comprising first packing in the first packing volume and second packing in the second packing volume [col 11, line 63-col 12, line 8].
{cl. 19} The burner as recited in claim 18, wherein at least one of the first packing or the second packing comprises random packing [col 11, line 63-col 12, line 8].
{cl. 20} The burner as recited in claim 19, wherein the random packing comprises a plurality of at least one of Pall rings or Raschig rings [col 11, line 63-col 12, line 8].
{cl. 21} The burner as recited in claim 18, wherein at least one of the first packing or the second packing comprises structured packing [col 17, line 54-col 18, line 11].
{cl. 22} The burner as recited in claim 21, wherein the structured packing comprises a plurality of rigid flow channels (96) [see FIG 13].
{cl. 23} The burner as recited in claim 14, wherein the fuel comprises at least one of a flammable gas, a flammable liquid, or a flammable solid [see abstract].
{cl. 24} The burner as recited in claim 14, wherein the oxidizer comprises at least one of ambient air or oxygen from a pressurized oxygen source [col 8, line 19-27].
{cl. 25} The burner as recited in claim 14, wherein the oxidizer comprises a vitiated oxidizer [col 8, line 19-27].
{cl. 28} The method as recited in claim 26, wherein the oxidizer comprises vitiated oxidizer [col 8, line 19-27].
{cl. 29} The method as recited in claim 26, wherein introducing the fuel and the oxidizer to a mixer and introducing the fuel and the oxidizer to a flame arrestor comprise introducing the fuel and the oxidizer to a packing volume [col 11, line 63-col 12, line 8].
{cl. 30} The method as recited in claim 29, wherein introducing the fuel and the oxidizer to a packing volume comprises: introducing the fuel and the oxidizer to a first packing volume containing first packing; introducing the fuel and the oxidizer to a packing gap downstream of the first packing volume; and introducing the fuel and the oxidizer to a second packing volume containing second packing downstream of the packing gap [col 11, line 63-col 12, line 8].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Chen to incorporate the packings of Stilger because Stilger provides a known arrangement that provides for proper reactions of burner components for efficient combustion.
Allowable Subject Matter
Claim 12 and 27 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 prior art does not show bypassing of the fuel mixture from packings.
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 AVINASH A SAVANI whose telephone number is (571)270-3762. The examiner can normally be reached Monday thru Friday 8am-4pm.
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, Michael Hoang can be reached at 571-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
6/11/2026
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