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 .
Information Disclosure Statement
The information disclosure statement filed 07 March 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 9, 11-13, 16-17, 20 and 24-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,298,703. Although the claims at issue are not identical, they are not patentably distinct from each other because: Patented claims 1, 12 and 14 contain the limitations of pending claims 1, 3-4, 11, 16-17, 20 and 24-25. The limitations of pending claim 2 are inherently disclosed by patented claims 1, 12 and 14 as the patented claims claim the liner portions are detachable and thus would require some sort of fastener to do so. Patented claims 3-5 contain the limitations of pending claims 5, 9 and 26. For pending claims 12-13, the limitations are disclosed by patented claims 1, 12 and 14 as the patented limitations of the “shelf” read on the pending limitations of the airflow deflector.
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 14 and 18 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. For claims 14 and 18, the phrase “a shelf angle of between about 1 degree and about 89 degrees” is indefinite as both sides of the range are open ended.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 11 and 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 2,392,958 to Tice (Tice).
Concerning claim 1, Tice discloses a pulverizer comprising:
a housing having top and bottom ends, the housing further having an inlet (16) located towards the top end for receiving input materials to comminute and an outlet (30) located towards the bottom end for discharging pulverized input materials from the housing, the housing including a housing sidewall (6, 7, 8) extending between the top and bottom ends and defining an interior chamber, the housing sidewall comprising:
an outer structural wall (6, 7, 8) having an inner face and an outer face; and
a housing liner (10) extending against the inner face of the outer structural wall, the housing liner (10) including a plurality of housing liner portions (10) attached to and extending along the outer structural wall, each housing liner portion being detachable therefrom independently from the other housing liner portions; and
at least one pulverizing rotor (16) rotatably mounted in the interior chamber of the housing for pulverizing the input materials fed into the housing via the inlet as the input material passes through the housing from the inlet to the outlet.
Concerning claim 2, Tice discloses each housing liner portion (10) are attached to the outer structural wall (6, 7, 8) using at least one fastener (11).
Concerning claim 3, Tice discloses each liner portion (10) includes at least one planar portion sized and shaped for extending against a corresponding planar portion of the inner face of the housing sidewall.
Concerning claim 11, Tice discloses the outer structural wall comprises one of: a plurality of wall sections (6, 7, 8) extending between the top and bottom ends of the housing and disposed side-by-side, and a single, continuous piece of material.
Concerning claim 21, Tice discloses a method for producing a size-reduced material, the method comprising:
feeding an input material into a pulverizer (page 2, lines 19-23) as defined in claim 1 to reduce a size of the input material and thereby produce the size-reduced material within the modular drum of the pulverizer; and
discharging the size-reduced material from the outlet of the pulverizer (page 2, lines 27-39).
Concerning claim 22, Tice discloses replacing at least one of the plurality of housing liner portions (10) of the housing liner of the pulverizer after the at least one of the plurality of housing liner portions has experienced wear or damage, while leaving at least one other one of the plurality of housing liner portions unreplaced (page 1, line 42 to page 2, line 2).
Concerning claim 23, Tice discloses the input material is at least one of waste, glass, compost, plastic film, rocks, ore, minerals, cement, ceramics, and metal pieces (page 1, lines 29-31).
Concerning claim 24, Tice discloses a housing liner for use in a pulverizer having a housing comprising: an outer structural wall (6, 7, 8), the housing liner comprising a plurality of housing liner portions (10) attached to and extending along the outer structural wall, each housing liner portion (10) being detachable from the outer structural wall independently from the other housing liner portions.
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) 4, 12 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,799,873 to Yunger et al (Yunger) in view of Tice.
Concerning claim 4, Yunger discloses a pulverizer comprising:
a housing having top and bottom ends, the housing further having an inlet (25) located towards the top end for receiving input materials to comminute and an outlet (27) located towards the bottom end for discharging pulverized input materials from the housing, the housing including a housing sidewall (15) extending between the top and bottom ends and defining an interior chamber, the housing sidewall comprising:
an outer structural wall (15) having an inner face and an outer face; and
at least one pulverizing rotor (9) rotatably mounted in the interior chamber of the housing for pulverizing the input materials fed into the housing via the inlet as the input material passes through the housing from the inlet to the outlet.
the housing includes a plurality of shelf panels (45) defining a shelf extending from the housing sidewall inwardly into the interior chamber.
However, Yunger does not disclose a plurality of housing liner portions. Tice as discussed above, discloses a pulverizer with the liner portions as claimed.
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date to add the liner portions of Tice to the inner face of the outer structural walls (15) of Yunger because, as disclosed by Tice, this allows for the inner face of the walls to resist abrasive wear by the material being pulverized (page 1, lines 25-31).
Concerning claim 12, Yunger, in view of Tice, discloses at least one airflow deflector (10) extending inwardly into the interior chamber from the housing sidewall, the at least one airflow deflector (10) cooperating with the at least one pulverizing rotor (9) to deflect the airflow generated by the at least one pulverizing rotor so as to form at least two overlapping vortices within the interior chamber such that input material particles in suspension in both overlapping vortices collide with each other to be thereby pulverized.
Concerning claim 16, Yunger in view of Tice (as discussed for claim 4 above) discloses the housing liner further comprises at least one shelf liner panel (45) extending inwardly from the housing sidewall and circumferentially around the housing sidewall, the at least one shelf liner panel being configured to deflect the airflow directed towards the at least one shelf liner panel upwardly to temporarily maintain the input material particles in suspension above the shelf liner panel.
Concerning claim 17, Yunger, in view of Tice, discloses the at least one shelf liner panel (45) includes a top shelf face extending away from the housing sidewall and downwardly.
Concerning claim 25, Yunger in view of Tice (as discussed in claim 4 above) discloses the plurality of housing liner portions further comprises: a plurality of shelf panels (45) defining a shelf extending from an inner face of the outer structural wall inwardly into an interior chamber of the housing and circumferentially around the inner face of the outer structural wall; and/or at least one airflow deflector extending inwardly into the interior chamber from the inner face of the outer structural wall.
Claim(s) 12-14, 16-18, 20 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,376,894 to Sontag (Sontag) in view of Tice.
Concerning claim 12, Sontag discloses a pulverizer comprising:
a housing having top and bottom ends, the housing further having an inlet (40) located towards the top end for receiving input materials to comminute and an outlet (42) located towards the bottom end for discharging pulverized input materials from the housing, the housing including a housing sidewall (32) extending between the top and bottom ends and defining an interior chamber, the housing sidewall comprising:
an outer structural wall (32) having an inner face and an outer face; and
at least one pulverizing rotor (56) rotatably mounted in the interior chamber of the housing for pulverizing the input materials fed into the housing via the inlet as the input material passes through the housing from the inlet to the outlet;
at least one airflow deflector (44) extending inwardly into the interior chamber from the housing sidewall, the at least one airflow deflector (44) cooperating with the at least one pulverizing rotor (56) to deflect the airflow generated by the at least one pulverizing rotor so as to form at least two overlapping vortices within the interior chamber such that input material particles in suspension in both overlapping vortices collide with each other to be thereby pulverized.
However, Sontag does not disclose a plurality of housing liner portions. Tice as discussed above, discloses a pulverizer with the liner portions as claimed.
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date to add the liner portions of Tice to the inner face of the outer structural walls of Sontag because, as disclosed by Tice, this allows for the inner face of the walls to resist abrasive wear by the material being pulverized (page 1, lines 25-31).
Concerning claim 13, Sontag, in view of Tice, discloses the housing liner further comprises a flow facing deflecting surface (68) coupled to a flow facing side of each of the at least one airflow deflector (44).
Concerning claim 14, Sontag, in view of Tice, discloses in figure 6A the flow facing deflecting surface (68) is angled relative to an inner surface of the housing sidewall at an angle of between about 1 degree and about 89 degrees or between 30 degrees and 60 degrees.
Concerning claim 16, Sontag discloses a pulverizer comprising:
a housing having top and bottom ends, the housing further having an inlet (40) located towards the top end for receiving input materials to comminute and an outlet (42) located towards the bottom end for discharging pulverized input materials from the housing, the housing including a housing sidewall (32) extending between the top and bottom ends and defining an interior chamber, the housing sidewall comprising:
an outer structural wall (32) having an inner face and an outer face; and
at least one pulverizing rotor (56) rotatably mounted in the interior chamber of the housing for pulverizing the input materials fed into the housing via the inlet as the input material passes through the housing from the inlet to the outlet.
the housing includes a plurality of shelf panels (44) defining a shelf extending from the housing sidewall inwardly into the interior chamber.
However, Sontag does not disclose a plurality of housing liner portions. Tice as discussed above, discloses a pulverizer with the liner portions as claimed.
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date to add the liner portions of Tice to the inner face of the outer structural walls of Sontag because, as disclosed by Tice, this allows for the inner face of the walls to resist abrasive wear by the material being pulverized (page 1, lines 25-31).
Concerning claim 17, Sontag, in view of Tice, discloses the at least one shelf liner panel (42) includes a top shelf face (68) extending away from the housing sidewall and downwardly.
Concerning claim 18, Sontag, in view of Tice, discloses in figure 6A the top shelf face (42) is angled away from an inner face of the housing sidewall at a shelf angle of between about 1 degree and about 89 degrees or between 30 degrees and 60 degrees.
Concerning claim 20, Sontag, in view of Tice, discloses in figure 6A the at least one shelf liner panel (44) comprises an upper portion configured to couple to the inner face of the housing sidewall between vertically adjacent ones of the plurality of housing liner portions and a lower angled portion (38) that is angled relative to the upper portion and extends away from the housing sidewall.
Concerning claim 25, Sontag in view of Tice (as discussed in claim 12 above) discloses the plurality of housing liner portions further comprises: a plurality of shelf panels (45) defining a shelf extending from an inner face of the outer structural wall inwardly into an interior chamber of the housing and circumferentially around the inner face of the outer structural wall; and/or at least one airflow deflector extending inwardly into the interior chamber from the inner face of the outer structural wall.
Claim(s) 5 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tice in view of U.S. Patent No. 10,525,478 to Scharfe (Scharfe).
Concerning claims 5 and 26, Tice does not disclose the exact materials of the housing liner portions.
Scharfe discloses a pulverizer having a housing made of ceramic metal composites (column 9, lines 29-33) and thus its housing liner portions are made of one of: fiberglass, high-density polyethylene (HDPE), ceramic, and steel.
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date to use the material of Scharfe for the housing liner portions of Tice because, as disclosed by Scharfe, this is a hard and impact-resistant material (column 9, lines 29-33))
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: For claim 9, while the use of chromium carbide or tungsten carbide is known in the art (see U.S. Patent No. 10,543,985 column 3, line 24 to column 4, line 32) applicant is claiming an overlay which would require that the overlay material is applied to the surface of the housing liner portions whereas the prior art merely discloses that the liner portions are formed from such a material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Katcoff whose telephone number is (571)270-1415. The examiner can normally be reached M-Th: 8-4, Fri: Flex.
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/Matthew Katcoff/ Primary Examiner, Art Unit 3725
01/23/2026