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 .
Response to Arguments
Applicant's arguments filed 07/10/2026 with respect Claim Rejections - 35 USC § 102 have been fully considered but they are not persuasive.
The Applicant argued that “Muther specifically states " according to the invention the mixtures and composite materials are broken up and separated by means of a mechanical procedure in which the impulse generated by the sudden arresting of a transported particle is utilized" (column 2, lines 51 to 54). therefore, Applicant respectfully submits that nothing in Muther discloses providing a kinetic pulverizer, wherein the kinetic pulverizer includes a pulverizing rotor assembly. configured to rotate to form vortices that subject the fines stream to self-collisions within the interior chamber; subjecting the fines stream to a one-pass kinetic pulverization stage wherein the fines stream is fed into the kinetic pulverizer as recited in amended claim 1”.
In response to this argument, the Applicant’s specification page 17 lines 4-8 discloses: the airflow travels generally along the inner face 34 of the housing sidewall 66, but is interrupted by the flow facing deflecting surface 206 of the deflectors 200 which cooperates with the rotor arms 122, and more specifically with the tip of the rotor arms 122 to form the vortices V. As shown in FIG. 10 , the vortex V may further be guided back inwardly towards the central housing axis H by an adjacent deflector 200”;
the Applicant’s specification page 17 last 6 lines- page 18 lines 1-2 discloses: in addition to the collision of the input material particles via the airflow and vortices V, the input material may further be pulverized by the rotor arms 122 impacting the input material particles in the interior chamber 68 as the rotatable shaft 106 is rotated. In this embodiment, the combined effect of the input material particles impacting each other in the overlapping vortices V, V1, V2 and of the rotor arms 122 impacting the input material particles may increase the efficiency of the pulverizer”;
So, the Applicant discloses using a mechanical means of rotor and deflectors with vortex to produce a pulverized material;
Muther disclose a breaking-up or separation of the components is effected by a device which suddenly interrupts the flow of said composite material or mixture, by means of an impulse; in and between the layers of the composite elements shockwaves are produced which break up these composite elements…. the above-mentioned shockwave is preferably generated between the layers of the composite material against a deflector wall of the rotor;
Also as known in art any rotating drum “rotor” can generate a vortex. When a cylindrical drum spins, friction drags the surrounding fluid (air or liquid) along with it, creating forced rotation and inducing swirling vortex structures inside or around the drum;
Therefore, Muther discloses using a mechanical means of rotor and deflectors with vortex to produce a pulverized material;
Accordingly, this argument is not persuasive.
The Applicant argued that “the flow path (34) is a helical path, an there is np vortex in fig.4.
In response to this argument, as known in art any rotating drum “rotor” can generate a vortex. When a cylindrical drum spins, friction drags the surrounding fluid (air or liquid) along with it, creating forced rotation and inducing swirling vortex structures inside or around the container; and also, element (34) is a spiral vortex flow.
Accordingly, this argument is not persuasive.
The Applicant argued that “Muther does not disclose breakable material breakable material and ductile material”;
In response to this argument, Muther discloses “industrial recycling products such as electronic scrap or slags from metal smelting, but also household waste of various compositions. The latter include primarily organic mixtures such as foodstuffs, plastics packaging, composite packaging, as well as inorganic components such as glass, metals and composites thereof”.
Accordingly, this argument is not persuasive.
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.
Claims 1-2, 10, 14-15, 19-20, 79 and 83-85 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muther (US7497394B2).
Regarding claim 1, Muther discloses a process for treating a fines stream in a material recover facility (MRF) (abstract, fig.1-7), comprising:
providing the fines stream comprising: breakable material and ductile material, wherein the breakable material includes, ceramics, drywall, shingles, rocks and/or aggregates; and wherein the ductile material including plastics (col.1 lines 9-39 and figs.1-7);
providing a kinetic pulverizer, wherein the kinetic pulverizer includes a pulverizing rotor assembly (fig.4: (28)) disposed within an interior chamber (fig.4: (28)), wherein the pulverizing rotor assembly is configured to rotate to form vortices (fig.4: (34), also as known in art any rotating drum “rotor” can generate a vortex) that subject the fines stream to self-collisions within the interior chamber; subjecting the fines stream streams to a one-pass kinetic pulverization stage wherein the fines stream is fed into the kinetic pulverizer to produce a pulverized material that includes a size-reduced fraction derived from the breakable material and an oversized fraction derived from the ductile material; withdrawing the pulverized material from the kinetic pulverizer (col.5 lines 23-32); and
subjecting the pulverized material to separation to produce a size-reduced stream and an oversized stream (col.2 last 17 lines-col.3 line 23; col.5 last 8 lines-col.6 line 7).
Regarding claim 2, Muther discloses wherein the fines stream is one of: derived from municipal solid waste (MSW), source separated recyclables and a compost overs stream (col.1 lines 9-39).
Regarding claim 10, Muther discloses wherein the fines stream is not subjected to a drying stage upstream of the kinetic pulverization stage (fig.7: no drying stage).
Regarding claim 14, Muther discloses wherein the kinetic pulverization stage effects pathogen reduction on the fines stream via air stripping (col.5 lines 23-32).
Regarding claim 15, Muther discloses further comprising incorporating a friable additive into the fines stream such that the friable additive is size reduced and is homogenized with the breakable material to form part of the size-reduced fraction (col.1 lines 9-39).
Regarding claim 19, Muther discloses wherein the separation stage comprises screening (fig.7: table sorting device (16)).
Regarding claim 20, Muther discloses wherein the screening is performed using a trommel screen and/or a vibrating screen (fig.7: table sorting device (16)).
Regarding claim 79, Muther discloses wherein the fines stream is substantially composed of material having a maximum size of 2 inches or 4 inches (claim 3).
Regarding claims 83, Muther discloses comprising at least one of:
subjecting the fines stream to magnetic separation to remove ferrous metal therefrom and produce a metal depleted feed stream that is fed to the one-pass kinetic pulverization stage (fig.5: pretreatment using Fe separator; and as known in art to use a magnetic separator to separate ferrous metals from an input waste or ore stream); and
subjecting the pulverized material to a dust collection stage to recover a dust fraction therefrom and produce a dust reduced pulverized stream that is fed to the separation to produce the size-reduced stream and the oversized stream.
Regarding claims 84-85, claims 84-85 are depended from claim 83, and claim 83 is required either subjecting the fines stream to magnetic separation or subjecting the fines stream to magnetic separation; thus claims 84-85 are not required.
Claim Rejections - 35 USC § 103
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 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.
Claims 8, 12 and 80-82 are rejected under 35 U.S.C. 103 as being unpatentable over Muther (US7497394B2).
Regarding claims 8 and 12, Muther does not explicitly discloses wherein the fines stream has a moisture content between 10% and 50% or between 15% and 40% upon entry into the kinetic pulverizer; and wherein at least one of: the kinetic pulverization stage effects water removal on the fines stream such that the water removal is between 5% and 8% in the kinetic pulverization stage; and the kinetic pulverization stage and the separation enable the size-reduced stream to have a moisture content that is 5% to 30% lower than that of the fines stream.
However, Muther disclose treating various waste products, and this waste is coming from different sources organic waste, municipal waste and recycling material, and obviously this waste having various moisture level;
Further, the air flow (34) of the pulverizing rotor assembly (fig.4: (28)) effects the water level or a moisture content in the stream;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have wherein the fines stream has a moisture content between 10% and 50% or between 15% and 40% upon entry into the kinetic pulverizer; and wherein at least one of: the kinetic pulverization stage effects water removal on the fines stream such that the water removal is between 5% and 8% in the kinetic pulverization stage; and the kinetic pulverization stage and the separation enable the size-reduced stream to have a moisture content that is 5% to 30% lower than that of the fines stream, as a matter of routine engineering design choice.
Regarding claims 80-82, Muther does not explicitly discloses wherein the fines stream comprises between 40% and 60% glass, and the size-reduced stream is composed of over 95%, 96%, 97%,98% or 99% glass; wherein the fines stream comprises between 50% and 70% organics, and the size-reduced stream is composed substantially of organics with at most 0.5-2% visible contaminants with a size above 4mm; and wherein the fines stream comprises compost overs and wherein the size-reduced stream is composed substantially of organics with at most 0.5-2% visible contaminants with a size above 4mm.
However, Muther disclose treating various waste products, and this waste is coming from different sources organic waste, municipal waste and recycling material that having glasses and organic material and obviously this waste having various percentage of glasses and organic material with different size;
Further, the pulverizing rotor assembly (fig.4: (28)) the size of the processed material;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have wherein the fines stream comprises between 40% and 60% glass, and the size-reduced stream is composed of over 95%, 96%, 97%,98% or 99% glass; wherein the fines stream comprises between 50% and 70% organics, and the size-reduced stream is composed substantially of organics with at most 0.5-2% visible contaminants with a size above 4mm; and wherein the fines stream comprises compost overs and wherein the size-reduced stream is composed substantially of organics with at most 0.5-2% visible contaminants with a size above 4mm, as a matter of routine engineering design choice.
Claims 77-78 are rejected under 35 U.S.C. 103 as being unpatentable over Muther (US7497394B2) in view of Jaroslaw (CA3104554A1).
Regarding claims 77-78, Muther does not disclose monitoring at least one feed parameter of the fines stream and/or output parameter of the pulverized material, the oversized stream and/or the size-reduced stream; and adjusting the one-pass kinetic pulverization stage based on the feed parameter and/or the output parameter; and wherein at least one of:- the at least one feed parameter comprises feed rate of the fines stream and/or composition of the fines stream; - the at least one output parameter comprises size properties of the sized-reduced fraction in the pulverized stream, composition of the pulverized stream, flow rate of the oversized stream, flow rate of the sized-reduced stream, composition of the oversized stream, and/or composition of the sized-reduced stream; and- the adjusting of the one-pass kinetic pulverization stage comprises at least one of: adjusting the rotation speed; and adjusting the infeed rate of the fines stream.
Muther teaches a pulverizer (abstract), comprising:
a controller configured to:
monitoring at least one feed parameter of a stream and/or output parameter of pulverized material, an oversized stream and/or the size-reduced stream; and adjusting one-pass kinetic pulverization stage based on the feed parameter and/or the output parameter; and wherein at least one of:- the at least one feed parameter comprises feed rate of the stream and/or composition of the stream; - the at least one output parameter comprises size properties of the sized-reduced fraction in the pulverized stream, composition of the pulverized stream, flow rate of the oversized stream, flow rate of the sized-reduced stream, composition of the oversized stream, and/or composition of the sized-reduced stream; and- the adjusting of the one-pass kinetic pulverization stage comprises at least one of: adjusting the rotation speed; and adjusting the infeed rate of the stream (pages 48-page 50 line 2).
Both of the prior arts Muther and Jaroslaw are related to a method that using pulverizer;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pulverizer of Muther by the configuration of the controller as taught by Jaroslaw, since it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)]. Thereby having monitoring at least one feed parameter of the fines stream and/or output parameter of the pulverized material, the oversized stream and/or the size-reduced stream; and adjusting the one-pass kinetic pulverization stage based on the feed parameter and/or the output parameter; and wherein at least one of:- the at least one feed parameter comprises feed rate of the fines stream and/or composition of the fines stream; - the at least one output parameter comprises size properties of the sized-reduced fraction in the pulverized stream, composition of the pulverized stream, flow rate of the oversized stream, flow rate of the sized-reduced stream, composition of the oversized stream, and/or composition of the sized-reduced stream; and- the adjusting of the one-pass kinetic pulverization stage comprises at least one of: adjusting the rotation speed; and adjusting the infeed rate of the fines stream.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHRISTOPHER TEMPLETON can be reached at (571)270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED S. ALAWADI/ Primary Examiner, Art Unit 3725
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