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 Rejections - 35 USC § 112
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.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a side wall of the furnace body" at line 11 renders the claim indefinite. It is unclear for whether this calibration unit is the same as the one recited at lines 8-9. If it is so, then "the" or "said" should be used.
Claim 2 recites the limitation "a side wall of the furnace body" at lines 2, 4-5, and 6 renders the claim indefinite. It is unclear for whether this calibration unit is the same as the one recited in the preceding claim 1 at lines 8-9. If it is so, then "the" or "said" should be used.
Furthermore, the limitation "an overall heat transfer coefficient" at line 5 renders the claim indefinite. It is unclear for whether this overall heat transfer coefficient is the same as the one recited in the preceding claim 1 at line 10. If it is so, then "the" or "said" should be used.
Claims 4-9 recite the limitation "a valuable metal" in the claims renders the claims indefinite. It is unclear for whether this valuable metal is the same as the one recited in the preceding claim 1 at lines 1-2. If it is so, then "the" or "said" should be used.
Claim 6 recites the limitations "a layer of the slag", “an upper layer”, ‘’a layer of the metal”, and “a lower layer” in the claim renders the claim indefinite. It is unclear for whether these limitations are the same as the ones recited in the preceding claim 1. If it is so, then “a” or “an” should be replaced with "the" or "said".
The dependent claims are rejected for their inherited deficiencies on rejected independent claim 1.
Allowable Subject Matter
Independent claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The dependent claims 2-9 are allowable for at least their dependence on independent claim 1.
The following is an examiner’s statement of reasons for allowance: the prior art of record references neither discloses, or suggests, in combination with the other limitations of independent claim 1, “the electric furnace being made so that an overall heat transfer coefficient of a side wall of the furnace body which is to come into contact with a layer of the metal formed in a lower layer in gravity separation of the molten material obtained is lower than an overall heat transfer coefficient of a side wall of the furnace body which is to come into contact with a layer of the slag formed in an upper layer of the gravity separation of the molten material.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KET D DANG whose telephone number is (571)270-7827. The examiner can normally be reached Monday - Wednesday 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KET D DANG/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761
