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
Claim 5 is objected to because of the following informalities:
Claim 5 recites “the outlet” which lacks antecedent basis.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“transferring unit” in claim 1. The specification on page 4 further describes the “transferring unit” as “a conveyor”.
“combustion unit” in claim 1. The specification on page 4 further describes the “combustion unit” as “a fuel tank 41 that supplies fuel for combustion, a combustion device 42 that burns the fuel of the fuel tank 41, a combustion chamber 43 in which a combustion gas is generated in combustion by the combustion device 42, and a blower 44 that supplies the combustion gas generated in a combustion pipe”.
“dried excrement discharge unit” in claim 1. The specification does not further describe the “dried excrement discharge unit”.
“exhaust gas treatment unit” in claim 1. The specification on page 6 further describes the “exhaust gas treatment unit” as “a dust collector 61 that removes foreign substances such as dust contained in the exhaust gas before discharging of the exhaust gas generated during drying, an adsorption filter 62 that filters odors that are not removed during drying in the drying chamber 30 to prevent the odors from being discharged with the exhaust gas, an exhaust fan 63”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1:
Claim 1 recites “a dried excrement discharge unit” which is being interpreted under 112(f). However, the specification provides no further structure and the drawings only show the dried excrement discharge unit as a black box. Therefore, subject matter claimed is not adequately described in the specification.
Claims 2-4 are rejected based on their dependency to claim 1.
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.
Claim limitation “dried excrement discharge unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not provide any further structure for the limitation and only shows the unit as a black box in the figures. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 2-4 are rejected based on their dependency to claim 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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP H08200959 A) in view of Huang (CN 107741148 A).
Regarding claim 5, Ito teaches of:
A livestock excrement sterilizing and drying method (¶ [0001], “that dries and ferments waste containing a large amount of moisture, such as animal and plant residues, organic sludge, and food waste, to produce organic fertilizer”) comprising:
grinding, by a grinder (1), livestock excrement to be dried to facilitate drying of the livestock excrement (¶ [0019], “By crushing the material to be processed, the surface area exposed to the hot air and the contact area with the inner wall of the drying tank are increased, thereby improving thermal efficiency”);
transferring, by a transferring unit (3), the ground livestock excrement (3 transfers the ground excrement);
supplying the ground livestock excrement to a drying chamber for drying the ground livestock excrement (ground excrement is supplies from 3 via 9 to drying chamber 4);
mixing and drying the livestock excrement put into the drying chamber to which the livestock excrement is supplied, through rotation of the drying chamber (¶ [0020], “The drying tank 4 is configured in a tapered shape that widens slightly from the upstream side to the downstream side, and the entire drying tank is configured to be tilted over by a rotational drive mechanism”), and supplying high-temperature combustion gas generated by combustion in a combustion device into the drying chamber to dry the livestock excrement (high temperature gas is supplies via 7+7a; ¶ [0025], “the structure in which the gas burner 7 and exhaust port 8, which are heating means, are located downstream heats the inside of the first drying tank 4 to a high temperature of 800 to 900°C”);
discharging the livestock excrement having been dried by the drying chamber, through the dried excrement discharge unit (14+15+16 receive dried excrement from 4);
guiding exhaust gas generated in drying and discharged to be discharged by an exhaust fan (exhaust gasses are guided to 11+12+11’ and 12 is a cyclone dust collector which must have an exhaust fan to function) and removing foreign substances contained in the exhaust gas through a dust collector (12);
discharging, into the atmosphere through the outlet, harmless exhaust gas (gas is discharged via 11’),
wherein in the drying, the combustion gas is directly supplied from the combustion device, and moisture is reduced in and microorganisms and foul odor are removed from the dried livestock excrement during heat exchange with the combustion gas (¶ [0025], “Furthermore, since the primary drying is carried out at a high temperature of 800-900°C, the unpleasant odor inside the first drying chamber will be almost completely eliminated.”).
Ito fails to explicitly teach:
filtering the exhaust gas from which the foreign substances have been removed, to remove odor through an adsorption filter
from which the foreign substances and the odor have been removed by the adsorption filter
Huang teaches of:
filtering the exhaust gas from which the foreign substances have been removed, to remove odor through an adsorption filter (Fig. 3, 802)
from which the foreign substances and the odor have been removed by the adsorption filter (¶ [0017], “the filter screen is a double-layer filter screen, with a mesh capture layer and an activated carbon adsorption layer arranged sequentially from the exhaust port to the cyclone dust collector”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
add an adsorption filter to the outlet of the cyclone 12 of Ito
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would filter out any additional odors within the exhaust gas
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP H08200959 A) in view of Ku (WO 9828493 A1) and Huang (CN 107741148 A).
Regarding claim 1, Yang teaches of:
A livestock excrement sterilizing and drying system using high-temperature combustion gas (¶ [0001], “that dries and ferments waste containing a large amount of moisture, such as animal and plant residues, organic sludge, and food waste, to produce organic fertilizer”), comprising:
a grinder (1) grinding livestock excrement to increase drying efficiency (¶ [0019], “By crushing the material to be processed, the surface area exposed to the hot air and the contact area with the inner wall of the drying tank are increased, thereby improving thermal efficiency”);
a transferring unit (3) transferring the ground livestock excrement (3 transfers the ground excrement);
a drying chamber (4) rotating and drying the livestock excrement, while the livestock excrement transferred by the transferring unit is put thereinto (¶ [0020], “The drying tank 4 is configured in a tapered shape that widens slightly from the upstream side to the downstream side, and the entire drying tank is configured to be tilted over by a rotational drive mechanism”);
a combustion unit (7 is a combustion device and further 7 must have a combustion chamber where combustion occurs and some form of blower to blow the combustion gasses out of the chamber) supplying a combustion gas of a combustion device into the drying chamber to dry the livestock excrement put into the drying chamber (see flames 7a supplying combustion gas into 4);
a dried excrement discharge unit (14+15+16) discharging the livestock excrement of which volume has been reduced by being dried by the combustion gas of the combustion device (water evaporates off in 4 and the excrement is transferred to 14+15+16);
and an exhaust gas treatment unit (11+11’+12, the exhaust treatment unit of Ito must have a blower to force exhaust gas up and out of the chimney 11’ and for cyclone 12 to function) filtering exhaust gas generated during drying of the livestock excrement, to discharge the exhaust gas into the atmosphere (exhaust gas is discharged to the atmosphere via 11’), wherein moisture is reduced in and microorganisms and foul odor are removed from the livestock excrement dried in the drying chamber, without combustion of the livestock excrement during heat exchange with the combustion gas (The excrement is dried with some moisture remaining and is therefore not combusted; ¶ [0025], “For example, in a test using the first drying tank with a volume of approximately 4 m³, 1.5 tons of food waste containing 95% moisture can be dried to 55% moisture content in 0.5 hours. The drying tank 4 changes its rotation speed according to the type, properties, and amount of material to be processed, and adjusts the processing time so that the material reaches the most suitable moisture content (55%) for the next processing stage, fermentation, while it is being transported from the upstream side to the downstream discharge port 10. Furthermore, since the primary drying is carried out at a high temperature of 800-900°C, the unpleasant odor inside the first drying chamber will be almost completely eliminated.”).
Ito fails to explicitly teach:
a fuel tank that supplies fuel for combustion
an adsorption filter
Ku teaches of:
a fuel tank that supplies fuel for combustion (Fig. 5, burner 11 receives fuel from fuel tank 91)
The primary reference can be modified to meet this/these limitation(s) as follows:
connect 7 of Ito to a fuel tank
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the fuel needed for combustion to be stored onsite
Huang teaches of:
an adsorption filter (¶ [0017], “the filter screen is a double-layer filter screen, with a mesh capture layer and an activated carbon adsorption layer arranged sequentially from the exhaust port to the cyclone dust collector”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
add an adsorption filter to the outlet of the cyclone 12 of Ito
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would filter out any additional odors within the exhaust gas
Regarding claim 2, the combined teachings teach of the livestock excrement sterilizing system of claim 1, and the combined teachings further teach:
wherein the combustion unit comprises:
a fuel tank supplying fuel for combustion in the combustion device (see combination made with Ku above, in Fig. 5 of Ku a fuel tank 91 for supplying fuel is shown);
a combustion device burning the fuel of the fuel tank (Ito, 7);
a combustion chamber in which the combustion gas generated in combustion by the combustion device is generated (there must be a combustion chamber within 7 to house where the combustion occurs); and
a blower supplying the combustion gas generated in a combustion pipe to the drying chamber (Ito, 7 must have a blower to convey the combustion gasses in the directions described in Ito) while keeping constant an amount of combustion gas, a flow rate of the combustion gas, and a temperature of the combustion gas in combustion by the combustion device (in order to maintain a constant temperature within the chamber 4 and due to 7 being the only source of heat in Ito, the blower that inherently must exist in 7 would also be capable of maintaining a constant amount of combustion gas, flow rate of combustion gas and temperature of the combustion gas).
Regarding claim 3, the combined teachings teach of the livestock excrement sterilizing system of claim 2, and the combined teachings further teach:
wherein a temperature of the combustion gas generated in the combustion unit is 800 to 1550 °C (Ito, ¶ [0025], “the structure in which the gas burner 7 and exhaust port 8, which are heating means, are located downstream heats the inside of the first drying tank 4 to a high temperature of 800 to 900°C”)
Regarding claim 4, the combined teachings teach of the livestock excrement sterilizing system of claim 2, and the combined teachings further teach:
wherein the exhaust gas treatment unit comprises:
a dust collector removing foreign substances, such as dust, contained in the exhaust gas generated in drying, before discharging of the exhaust gas (Ito, 12 is a cyclone dust collecting device);
an adsorption filter filtering foul odor not removed during drying in the drying chamber, to prevent the foul odor from being discharged together with the exhaust gas (Huang teaches of an activated carbon filter that removes odors; ¶ [0017], “the filter screen is a double-layer filter screen, with a mesh capture layer and an activated carbon adsorption layer arranged sequentially from the exhaust port to the cyclone dust collector”);
an exhaust fan maintaining pressure inside the drying chamber at negative pressure so that the livestock excrement is brought into contact with the combustion gas and dried, to thereby prevent heat, dust, and odor generated in drying from being discharged to outside (the exhaust structure of Ito must contain a fan in order to draw air into the chimney 11’, further the cyclone dust collector 12 would not be able to function without an exhaust fan for forming a cyclone); and
an outlet discharging, into the atmosphere, the exhaust gas from which the odor and the foreign substances have been removed (Ito, 11’ is an outlet to the atmosphere after the exhaust gas has been processed).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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