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 .
Election/Restrictions
Applicant’s election without traverse of claims 11-20, in the reply filed on 11/06/2025, is acknowledged. Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group of the invention, there being no allowable generic or linking claim.
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:
Claim 11 recites “a distribution conveyor system … configured to receive at least a portion of the dry biomass feedstock” which includes a structural generic placeholder of “a distribution conveyor system” followed by a functional limitation of “configured to receive at least a portion of the dry biomass feedstock”, wherein specification recites “any “conveyor” or “conveyor system” encompasses any conveyor system that allows for transport of material from one location to another and may have any configuration known in the art, e.g., a belt support, a pully, and a drive unit” as a corresponding structure for claimed “distribution conveyor system” (see ¶ [0019]).
Claim 11 recites “a metering system configured to receive the ground dry fiber from the at least one hammermill from an intermediate conveyor system” which includes a structural generic placeholder of “a metering system” followed by a functional limitation of “configured to receive the ground dry fiber from the at least one hammermill from an intermediate conveyor system”, wherein specification recites “pellet mill metering bin 116” as a corresponding structure for claimed “metering system” (see ¶ [0026]).
Claim 16 recites “a collection conveyor system … configured to recover the overflow material from an outlet of the at least one pellet screener to produce a fiber pellet product” which includes a structural generic placeholder of “a collection conveyer system” followed by a functional limitation of “configured to recover the overflow material from an outlet of the at least one pellet screener to produce a fiber pellet product”, wherein specification recites “a dry biomass feedstock 102 is fed from an upstream dryer system (not illustrated) to a dry fiber silo 104 using a dryer collection conveyor 103. Herein, any “conveyor” or “conveyor system” encompasses any conveyor system that allows for transport of material from one location to another and may have any configuration known in the art, e.g., a belt support, a pully, and a drive unit” as a corresponding structure for the claimed “collection conveyer system” (see ¶ [0019]).
Claim 17 recites “a screened fines conveyer system … configured to recover a first portion of the underflow material from an outlet of the at least one pellet screener” which includes a structural generic placeholder of “a screened fines conveyer system” followed by a functional limitation of “configured to recover the overflow material from an outlet of the at least one pellet screener to produce a fiber pellet product”, wherein specification recites “any “conveyor” or “conveyor system” encompasses any conveyor system that allows for transport of material from one location to another and may have any configuration known in the art, e.g., a belt support, a pully, and a drive unit” as a corresponding structure for the claimed “screened fines conveyer system” (see ¶ [0019]).
Claim 19 recites “a fines collection conveyor system … configured to receive the first portion of the underflow material from the screened fines conveyor system and the second portion of the underflow material from the cyclone” which includes a structural generic placeholder of “a fines collection conveyer system” followed by a functional limitation of “configured to receive the first portion of the underflow material from the screened fines conveyor system and the second portion of the underflow material from the cyclone”, wherein specification recites “any “conveyor” or “conveyor system” encompasses any conveyor system that allows for transport of material from one location to another and may have any configuration known in the art, e.g., a belt support, a pully, and a drive unit” as a corresponding structure for the claimed “fines collection conveyer system” (see ¶ [0019]).
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 § 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 non-obviousness.
Claim(s) 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hintz et al. (US 2024/0326294) in view of Kotyk (US 2016/0169581).
As to claim 11, Hintz et al. (US ‘294) disclose a compact stacked plant (Fig. 2A and 2B) comprising:
- a staging and storage area (14, 16) to receive the stover bales (13) adjacent to the processing area (12) wherein the bales (13) in the staging and storage area (14, 16) are covered with a water resistant and fire-retardant tarp or cover (¶ [0049] - ¶ [0050]);
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A staging and storage area (14, 16))]
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- a distribution conveyor system (a bale feed conveyor 20 to convey through a de-stringer 24 and pass through the bales toward the bale shredder 22 wherein the shredded stover drops out into the stover transfer conveyor 26, ¶ [0051] - ¶ [0053] and fig. 2A) coupled to the staging and storage area (14, 16) and configured to receive at least a portion of the dry biomass feedstock from the staging and storage area (14, 16);
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (an intermediate conveyor system (32, 34))][AltContent: textbox (A hammermill (30))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A distribution conveyor system (20, 22, 24, 26))]
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- at least one hammermill (grinder/hammer mill 30, ¶ [0054] - ¶ [0056]) coupled to the distribution conveyor system (20, 22, 24, 26) and configured to grind the dry biomass feedstock, received from the distribution conveyor system (20, 22, 24, 26), to produce a ground dry fiber having a particle size smaller than a particle size of the dry biomass feedstock (¶ [0054] - ¶ [0056]);
- a metering system (the feeders 58 meter the proper amount of feed into each mill 56, ¶ [0062]) configured to receive the ground dry fiber from the at least one hammermill (grinder/hammer mill 30, ¶ [0054] - ¶ [0056]) from an intermediate conveyor system (an air conveying system 32 removes the ground material from the disengagement chamber and conveys it into a cyclone separator 34, ¶ [0057], with the ground stover collection conveyor 52 controls the flow of product to the ground stover bucket elevator 52 and ultimately the pellet mill supply drag conveyor 54, ¶ [0062]); and
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Pellet mills (56))][AltContent: arrow][AltContent: arrow][AltContent: textbox (An intermediate conveyor system (52, 54))][AltContent: arrow][AltContent: arrow][AltContent: textbox (A metering system (58))][AltContent: arrow]
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- pellet mills (56, the feeders 58 meter the proper amount of feed into each mill 56 under consistent low pressure, ¶ [0062]) configured to form a plurality of fiber pellets using the ground dry fiber received from the metering system (58, ¶ [0062]).
As it was indicated above, Hintz et al. (US ‘294) discloses a staging and storage area (14, 16) to receive the stover bales (13) adjacent to the processing area (12) wherein the bales (13) in the staging and storage area (14, 16) are covered with a water resistant and fire-retardant tarp or cover (¶ [0049] - ¶ [0050]), however, is silent on disclosing if the staging and storage area (14, 16) is actually a dry fiber silo, as claimed in claim 11.
In the analogous art, Kotyk (US ‘581) discloses a pelletizing device for producing pellets from biomass comprising a) a drying apparatus (3) for drying biomass, in particular fibrous biomass, b) a press apparatus (10) for pressing pellets and c) a cooling apparatus (11) for cooling pellets, wherein a heat dissipation channel (11a) of the cooling apparatus (11) is connected to a heat supply channel (3a) of the drying apparatus (3) to carry heat from the cooling apparatus (11) into the drying apparatus (3) (see page 16, left column, claim 16), wherein a separation fraction, in particular wood fibers, is/are stored in a buffer (6) (see page 16, left column, claim 15) in such a way that the buffer serves as a fiber silo (see ¶ [0131]) to provide temporary storage if there is a stoppage in the downstream production and to use the fiber silo for admixture of dry woods shavings and sawdust and thus to further improve utilization of the downstream production processes (see ¶ [0141]).
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[AltContent: arrow][AltContent: textbox (A dry fiber silo (6 or 7))]
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Therefore, as to claim 11, Kotyk (US ‘581) discloses a dry fiber silo configured to hold a dry biomass feedstock (see ¶ [0131] and ¶ [0141]).
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to substitute a staging and storage area (14, 16), as taught by Hintz et al. (US ‘294), with a dry fiber silo configured to hold a dry biomass feedstock in order for the fiber silo serves to provide temporary storage if there is a stoppage in the downstream production and thus to further improve utilization of the downstream production processes, as suggested by Kotyk (US ‘581). See ¶ [0141].
As to claim 12, Hintz et al. (US ‘294) disclose a portion of the dry biomass feedstock that is not fed to the at least one hammermill (30, ¶ [0054] - ¶ [0057]) and a portion of the ground dry fiber that is not fed to the metering system (metering screw 60, ¶ [0063]) are recycled back to the staging and storage area (14, 16) (a screen 71 filters the pellets for dumping, with fines being redirected to the bucket elevator 52, for recycling to the conveyor 54 for further pelletizing, ¶ [0090]).
As to claim 13, Hintz et al. (US ‘294) teach the dry biomass feedstock is configured to be heated to a temperature of at least 165 ̊ F while being grinded by the at least one hammermill (30). (it is subject to a pressure of 60 to 500 kPa and heat of approximately 150 to 250 degrees F, ¶ [0082])
As to claim 14, Hintz et al. (US ‘294) disclose at least one pellet cooler (68) coupled to the at least one pellet mill (56) and configured to cool the plurality of fiber pellets to a temperature within 15 ̊ F of an ambient temperature thereby producing a plurality of cooled fiber pellets. (the hot pellets from the pellet mill entering the cooler are 150 to 180 degrees F and 17% to 18% moisture, ¶ [0065])
As to claim 15, Hintz et al. (US ‘294) teach at least one pellet screener (a screen 71 filters the pellets for dumping, ¶ [0090]) coupled to the at least one pellet cooler (the pellets are discharged onto a conveyor 67, which delivers the hot pellets to a cooling station 68, ¶ [0090]) having square sieves and configured to sort the plurality of cooled fiber pellets into an overflow material having a particle size larger than 3.15 mm as measured via the square sieves and an underflow material having a particle size less than 3.15 mm as measured via the square sieves. (¶ [0042]: when grinding through a secondary grinder screen, such as a 1/4 inch screen, then vibration screening for custom particle sizing and feed into a customer feed auger pelleting using 1/4 inch dies, the final product will have a bulk density range of 35 to 40 pounds per cubic foot and a particle size of 1/4'' round by 1/2'' to 3/4'' long.)
As to claim 16, Hintz et al. (US ‘294) disclose a collection conveyer system (a ground stover collection conveyor 38, ¶ [0057] - ¶ [0058]) coupled the at least one pellet screener (a screen 71, ¶ [0090]) and configured to recover the overflow material from an outlet of the at least one pellet screener to produce a fiber pellet product. (a screen 71 filters the pellets for dumping, with fines being redirected to the bucket elevator 52, for recycling to the conveyor 54 for further pelletizing, ¶ [0090]).
As to claim 17, Hintz et al. (US ‘294) disclose a screened fines conveyer system coupled to the at least one pellet screener (a screen 71 filters the pellets for dumping, ¶ [0090]) and configured to recover a first portion of the underflow material from an outlet of the at least one pellet screener (a screen 71 filters the pellets for dumping, with fines being redirected to the bucket elevator 52, for recycling to the conveyor 54 for further pelletizing, ¶ [0090]).
As to claim 18, Hintz et al. (US ‘294) teach a cyclone (35) coupled to the at least one pellet cooler (68) and configured to recover a second portion of the underflow material from an air exhaust of the at least one pellet cooler. (dust from the cooler 68 may be recirculated to a cyclone 35 for eventual re-introduction into the mixer 220D, ¶ [0090])
As to claim 19, Hintz et al. (US ‘294) disclose a fines collection conveyor system (an air conveying system 32 removes the ground material from the disengagement chamber, ¶ [0057]) configured to receive the first portion of the underflow material from the screened fines conveyor system (a screen 71 filters the pellets for dumping, ¶ [0090]) and the second portion of the underflow material from the cyclone (an air conveying system 32 removes the ground material from the disengagement chamber and conveys it into a cyclone separator 34, ¶ [0057]).
As to claim 20, Hintz et al. (US ‘294) teach the fines collection conveyor system (an air conveying system 32 removes the ground material from the disengagement chamber, ¶ [0057]) is coupled to the staging and storage area (14, 16, ¶ [0049] - ¶ [0050]) and is configured to transport the underflow material to the staging and storage area (14, 16) to be recycled (a screen 71 filters the pellets for dumping, with fines being redirected to the bucket elevator 52, for recycling to the conveyor 54 for further pelletizing, ¶ [0090]).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hauserman (US 7,926,750) disclose a compactor feeder for feeding relatively low-density biomass materials into a grinding device, such as a hammer mill, comprising: a hopper within which a biomass feed is contained; a feeder connected to said hopper having a first inlet and a charging end, wherein said biomass feed is conveyed from said hopper to said charging end; a compactor having a tapered conical-shaped interior sidewall with an interior top and bottom, said top having an opening into which said feeder charging end communicates for receiving the charge of said feeder, said compactor further including a screw compactor member that has at least one flight that generally conforms to said interior sidewall, such that said screw compactor member has a first wide radial diameter at said top decreasing to a reduced diameter relative to said first diameter at said bottom, said bottom further having a discharge opening in communication with a grinding device.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 02/06/2026