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 Group I: claims 1-8 in the reply filed on 7/1/2026 is acknowledged.
Claims 9 and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/1/2026.
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.
Claim 2 is 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 "the melt bath" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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 nonobviousness.
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomson et al. (US 2009/0102103), as cited in the IDS dated 3/5/2024, hereinafter “Thomson.”
Regarding claim 1, Thomson teaches a metallurgical melting furnace, having a furnace vessel for melting of metal, the furnace vessel having an offgas removal device disposed therein for removal of an offgas stream, where an air feed opening for feeding fresh air to the offgas stream is formed in the offgas removal device, wherein the offgas removal device has at least one measurement opening beyond the air feed opening, and a photodiode having a spectral filter for separation of the electromagnetic radiation of a specific wavelength range is formed in a spaced-apart arrangement at the measurement opening outside of the offgas removal device such that electromagnetic radiation which is generated within the offgas removal device and escapes through the measurement opening is detectable at least in part by the photodiode (See Figs. 2-3, [0012], [0017], [0034], [0047]-[0048], [0065]-[0075]).
Regarding claim 2, Thomson teaches wherein the furnace has a vessel for heating and melting an iron containing bath, wherein the furnace is operated to heat said bath ([0012], [0017], [0034]), which necessarily requires that the furnace has a heating device for melting of the metal in the melt bath.
Regarding claim 3, Thomson is silent as to the specific type of heating device used in its furnace, but teaches that it is known in the art to use electric arc furnaces in industrial furnaces ([0001], [0004]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to use an electric arc furnace, which necessarily has one or more electronically operated electrodes for generation of arcs, for the furnace of Thomson.
As to claim 4, Thomson teaches wherein the measurement opening is closed by means of a transparent material, namely, a sapphire window (Fig. 3, [0067]).
Regarding claim 5, Thomson teaches wherein the photodiode is disposed in the line of sight of the electromagnetic radiation passing through the measurement opening (See Fig. 3, [0067]-[0075]).
As to claim 7, Thomson discloses a furnace having one measurement opening and one photodiode in a spaced-apart arrangement disposed in the offgas removal device (Fig. 3, [0067]-[0075]). Thomson is silent as to wherein at least two measurement openings having at least two photodiodes in a spaced-apart arrangement are disposed in the offgas removal device. However, note that a mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 (VI).
Allowable Subject Matter
Claims 6 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 6 and 8, the prior art fails to disclose or fairly suggest a metallurgical melting furnace having the features as recited. In particular, the closest prior art, Thomson (US 2009/0102103) teaches a metallurgical melting furnace, having a furnace vessel for melting of metal, the furnace vessel having an offgas removal device disposed therein for removal of an offgas stream, where an air feed opening for feeding fresh air to the offgas stream is formed in the offgas removal device, wherein the offgas removal device has at least one measurement opening beyond the air feed opening, and a photodiode having a spectral filter for separation of the electromagnetic radiation of a specific wavelength range is formed in a spaced-apart arrangement at the measurement opening outside of the offgas removal device such that electromagnetic radiation which is generated within the offgas removal device and escapes through the measurement opening is detectable at least in part by the photodiode (See Figs. 2-3, [0012], [0017], [0034], [0047]-[0048], [0065]-[0075]). However, Thompson fails to teach or adequately suggest wherein electrical signals generated by the photodiode are amplified by a measurement amplifier in the photodiode, as required by claim 6, and wherein the photodiode or the measurement amplifier is connected to an evaluation unit for processing of the electrical signals generated, as required by claim 8. Thus, claims 6 and 8 are distinct over the teachings of the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY M LIANG whose telephone number is (571)272-0483. The examiner can normally be reached M-F: 9:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at (571)272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANTHONY M LIANG/Primary Examiner, Art Unit 1734
Prosecution Insights