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 2-6 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 2 recites the limitation "gas supply openings”, it is unclear if the gas supply openings claimed in claim 2 are the same as those already introduced in claim 1. For the purposes of examination, the openings the openings are interpreted as being the same.
Claim 4 recites the limitation “in particular between all the vanes”, it unclear if this limitation is required or not, for the purposes of examination the limitation is interpreted as optional.
Claim 7 recites the limitation "a plurality of gas supply openings”, it is unclear if the gas supply openings claimed in claim 2 are the same as those already introduced in claim 1. For the purposes of examination, the openings the openings are interpreted as being the same.
Claim 10 recites the limitations "the region" in line 1 and “the secondary air duct” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 11 recites the limitation “in particular individually and differently for variable load stages”, it unclear if this limitation is required or not, for the purposes of examination the limitation is interpreted as optional.
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.
Claim(s) 1-13 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Batz et. al (US 20160076763 A1).
With respect to claim 1 Batz discloses a gas-fired burner, in particular for a drying drum of an asphalt mixing plant, having a primary air duct [reference character 13], in particular a central primary air duct, which flows via a swirl body [reference character 15] into a combustion zone [downstream of 200], the burner having gas supply openings [reference character 22] in the region of the circumferential boundaries of the swirl body for supplying fuel gas into the primary air for firing the burner.
With respect to claim 2 Batz discloses the swirl body has gas supply openings [reference character 22] in its circumferential boundaries for supplying fuel gas into the primary air for firing the burner.
With respect to claim 3 Batz discloses that the gas supply openings are formed as radial bores in the circumferential boundaries of the swirl body, in particular with regular spacings in the circumferential direction [see annotated Fig. below].
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With respect to claim 4 Batz discloses that the gas supply openings are arranged between the vanes of the swirler [see annotated Fig. below], in particular between all the vanes.
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With respect to claim 5 Batz discloses that the gas supply openings are each arranged in the region of the lower pressure sides of the swirl body vanes. Since the gas supply openings are located downstream of the swirl body vanes the pressure would be lower than the pressure at the upstream portion of the primary air duct, due to (at a minimum) frictional pressure loss as the primary air moves through the primary air duct.
With respect to claim 6 Batz discloses that the gas supply openings are each arranged in the region of the outlet edges of the swirl body vanes [see Fig. 3 and annotated Fig. above].
With respect to claim 7 Batz discloses that the swirl body is surrounded on its outlet side by a plurality of gas supply openings [reference character 22] for supplying fuel gas for firing the burner into the primary air [see Fig. 3].
With respect to claim 8 Batz discloses that the circumferential boundaries of the swirl body are designed as a cone widening towards the combustion zone [see annotated Fig. below].
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With respect to claim 9 Batz discloses a secondary air duct [reference character 213] arranged concentrically around the primary air duct, which opens into the combustion zone.
With respect to claim 10 Batz discloses that in the region in which the secondary air duct opens into the combustion zone, an edge [reference character 221] projecting radially outwards into the secondary air flow from an inner boundary wall [the inner boundary of the outer wall] of the secondary air duct is arranged.
With respect to claim 11 Batz discloses that the burner is designed in such a way that the ratio of primary air and secondary air is adjustable, in particular individually and differently for variable load stages. Note that because the primary and secondary air have separate inlets the burner is designed so that the ration can be adjusted, thereby meeting the minimum requirements of the claim.
With respect to claim 12 Batz discloses a fuel gas supply [reference character 62] which is arranged concentrically around the primary air guide and opens into the gas supply openings.
With respect to claim 13 Batz discloses that the combustion gas supply is arranged concentrically between the primary air duct and the secondary air duct [see Fig. 4].
With respect to claim 15 Batz discloses that the combustion zone is surrounded by a conical flame tube [see annotated Fig. below].
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With respect to claim 16 Batz discloses that the burner is designed such that the entire quantity of fuel gas used for firing the burner can be supplied in particular exclusively via the gas supply openings [see paragraph 0072, when used as a gas generator only the central lance is used].
With respect to claim 17 Batz discloses the use of a burner according to claim 1 (see rejection for claim 1) for heating [see paragraph 0073] a drying drum of an asphalt mixing plant1.
Claim(s) 1 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Irwin et. al (US 5,700,143)
With respect to claim 1 Irwin discloses a gas-fired burner, in particular for a drying drum of an asphalt mixing plant, having a primary air duct [see “primary air” in Fig. 2], in particular a central primary air duct, which flows via a swirl body [reference character B] into a combustion zone [see “oil flame” in Fig. 2], the burner having gas supply openings [reference characters “N” and “O”] in the region of the circumferential boundaries of the swirl body for supplying fuel gas into the primary air for firing the burner.
With respect to claim 14 Irwin discloses a supply for liquid fuel [reference character B is referred to as an “atomizing air/oil nozzle” see column 3 line 39], which is arranged in the center of the primary air duct and opens into the combustion zone via a nozzle, for supplying atomized liquid fuel into the primary air emerging from the swirl body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B McAllister can be reached at 571-272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/ Primary Examiner, Art Unit 3762
1 “[A] drying drum of an asphalt mixing plant” is interpreted as intended use, where the prior art need only be capable of being used in the claimed way. In this case the burner of Batz could clearly be used to heat a drying drum. Note that the only affirmative step in the use claim is “for heating”.
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