Prosecution Insights
Last updated: April 19, 2026
Application No. 18/701,877

PROCESSES AND METHODS FOR THE PRODUCTION OF IRON AND STEEL

Final Rejection §103§112
Filed
Apr 16, 2024
Examiner
SMOOT, MORIAH SIMONE MCMIL
Art Unit
1733
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Calix Ltd.
OA Round
4 (Final)
64%
Grant Probability
Moderate
5-6
OA Rounds
2y 9m
To Grant
66%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
68 granted / 107 resolved
-1.4% vs TC avg
Minimal +2% lift
Without
With
+2.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
34 currently pending
Career history
141
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
15.1%
-24.9% vs TC avg
§112
28.9%
-11.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 107 resolved cases

Office Action

§103 §112
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 . Applicant amended Claims 1. A new matter rejection appears below. Continued Examination Under 37 CFR 1.114 Receipt is acknowledged of a request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e) and a submission, filed on 10/14/2025. Election/Restrictions Claims 29-39 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected process, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 09/24/2024. Information Disclosure Statements The information disclosure statements (IDS) submitted on 04/16/2024 and 12/29/2025 have been considered by the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1, 9, and 22-25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “powder comprising iron ore in an amount such that the powder falls downwards in the reactor tube in a dilute flow regime” (emphasis added) In Lines 5-6, which constitutes new matter. At most, the Instant Specification states at [0070] that “the volume fraction of particles is sufficiently small.” The volume fraction of powder and the amount of powder are not necessarily correlated. The size of the particles being sufficiently small does not determine the flow regime within a reactor. The texture of the particles, size, weight, composition, and other properties would factor into how the particles flow within a flow regime, as well as what volume the particles would have. As set forth in the 112(b) rejections below, it is further unclear as to the definition of dilute flow regime. Claims 9 and 22-25 are rejected for their dependency on a rejected claim. 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, and 22-25 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 “powder comprising iron ore in an amount such that the powder falls downwards in the reactor tube in a dilute flow regime” In Lines 5-6. There is no information in the Specification to lead one to understand the “amount” necessary to effect a “dilute flow regime.” Further, the term “dilute flow regime” does not seem to have a universally accepted definition and Applicant’s Specification does not serve to define or establish the necessary limitations such that a person having ordinary skill in the art would understand the metes and bounds of the claimed invention regarding the parameters required to create dilute flow within the reactor. It is additionally noted the claims are drawn to a reactor, an apparatus, and not to a method. Claims 9 and 22-25 are rejected for their dependency on a rejected claim. Response to Amendment Responsive to communications filed on 03/05/2026, amendments to the claims have been acknowledged. The rejections over Miyashita et al. US 6071468 A are maintained under additional grounds necessitated by amendment. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1 and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. US 6071468 A in view of Simoes et al. US 20110272868 A1. Regarding Claim 1, Miyashita et al. ‘468 teaches an externally heated (2, Fig. 1) vertical reactor comprising a vertically oriented reactor tube (1, Fig. 1), a hopper located adjacent a top end of the reactor tube (5, Fig. 1) and configured to input a powder comprising iron ore such that the powder falls downwards in the reactor tube. Miyashita et al. ‘468 teaches heating elements (2, Fig. 1) positioned vertically adjacent at least one wall of the reactor tube and configured to provide heat to be conducted through the at least one wall, so as to heat the powder and the reducing gas within the reactor tube to a temperature at which the powder and the reducing gas are caused to react. Miyashita et al. ‘468 teaches a gas exhaust (20, Fig. 1) positioned adjacent the top end of the reactor tube. Miyashita et al. ‘468 teaches an output (7, Fig. 1) for reduced iron powder positioned at the base of the reactor tube. Miyashita et al. ‘468 teaches a single reducing gas input port (meeting the limitation for a reducing gas injector element) (3a, Fig. 1) at the base of the reactor tube and does not expressly teach multiple reducing gas injector elements arranged along the reactor tube from a base of the reactor tube. However, Simoes et al. ‘743 teaches feeding reducing gas into a vertical shaft furnace (meeting the limitation for a vertical reactor) with a tiered bustle pipe arrangement, which is a configuration of piping allowing reducing gas to be injected with into a vertical shaft furnace (meeting the limitation for a vertical reactor) with a plurality of injection nozzles provided circumferentially on two levels (Abstract)[0008, 0011, 0037]. Simoes et al. ‘743 further teaches at [0009] its bustle pipe arrangement is advantageously easily integrated to existing vertical shaft furnaces with minimal alteration. Additionally, Simoes et al. ‘743 teaches a preferred embodiment in which each bustle pipe arm has an angle of 0 with respect to the horizontal plane [0022]. A person of ordinary skill in the art at the time of filing the invention would have been motivated to modify Miyashita et al. ‘468 by adding the bustle pipe arrangement of Simoes et al. ‘743 to the base of the reactor tube in order to increase the number of injection points and allow for increased homogeneity of gas injection based on the teachings of Simoes et al. ‘743 at [0009]. Further motivation is provided by such a change being easily integrated. As set forth in Simoes et al. ’743 at [0009], “The increased number of injection points allows a more homogenous injection of gas into the shaft furnace.” The addition of a bustle pipe arrangement to a reactor for providing additional reducing gas and increase homogeneity of gas injection is known in the art, and would have been obvious to one of ordinary skill in the art at the time of filing the invention to incorporate into the vertical reactor of Miyashita et al. ‘468. The reducing gas injector elements, modified as set forth above, are capable of blowing in hot reducing gas, meeting the limitation of the instant Claim for reducing gas injector elements configured to inject a reducing gas into the reactor tube in counter-flow to the downward falling powder. The heated gas provided at the base of the reactor rises as a physical phenomenon and the reactor of modified Miyashita et al. ‘468 would be expected to produce the same or similar effect as the claimed vertical reactor, meeting the limitations for the instant Claim. Regarding the newly amended limitations, Miyashita et al. ‘468 teaches at (Column 20 Lines 34-46) permitting the flow of fine-sized particles of a predetermined composition and teaches at (Column 29 Lines 13-16) preventing agglomeration and failure to fluidize the feed. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to create a dilute flow regime in the reactor in order to prevent agglomeration of particles based on the teachings of Miyashita et al. ‘468 e.g. at (Column 29 Lines 13-16), meeting the limitations of the instant Claim. It would have further been obvious to make the flow regime within reactor of Miyashita et al. ‘468 adjustable in order to achieve a predetermined quality and concentration of output of reduced metal, meeting the limitations of the instant Claim. See MPEP2144.04 V. D. Regarding Claims 22-23, Miyashita et al. ‘468 modified by Simoes et al. ‘743 teaches the limitations set forth above. Miyashita et al. ‘468 teaches partition walls (meeting the limitation for deflection plates) arranged within the reactor tube adjacent to the reducing gas input ports (Column 8 Lines 8-12), meeting the limitations for the instant Claims. Regarding Claim 24, Miyashita et al. ‘468 modified by Simoes et al. ‘743 teaches the limitations set forth above. Miyashita et al. ‘468 teaches its partition walls (meeting the limitation for deflection plates) prevent direct movement of raw particles (Column 8 Lines 8-12), meeting the limitation of the instant Claim. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. US 6071468 A in view of Simoes et al. US 20110272868 A1 as applied to Claims 1 and 22-24 above and further in view of Green US 20200048724 A1 and Bengtsson et al. US 4359212 A. Regarding Claim 9, Miyashita et al. ‘468 modified by Simoes et al. ‘743 teaches the limitations set forth above. Miyashita et al. ‘468 and Simoes et al. ‘743 do not expressly teach the reactor length of the instant claims or provide a particle residence time. However, Green et al. ‘724 teaches at [0037] a particle residence time of “less than or equal to 10 seconds (although it could be increased to 15 seconds by extending the length of the furnace shaft).” Green et al. ‘724 teaches a reactor length of 30 feet (approximately 9.1 m) provides a residence time of 10 seconds. Green et al. ‘724 teaches variables including reactor length [0037], direction of gas flow [0032, 0050], and agglomeration of particles [0055] may impact the and residence time, the rate of the fall of iron ore particles within a reactor. It would have been obvious to one of ordinary skill in the art at the time of filing the invention that a residence of time of 10 to 15 seconds can be proportionally achieved by a reactor having a length from 30 feet (approximately 9.1 m) to 45 feet (approximately 13.7 m). The teachings of Green et al. ‘724 meet the limitations of the instant claim regarding residence time. Green et al. ‘724 does not expressly teach a reactor diameter. However, Bengtsson et al. ‘212 teaches a reactor for processing iron ore fines having a height of 20 meters and a diameter of 0.45 meters (Colum 4 Lines 25-29). These dimensions fall squarely within the range of the instant Claim of a reactor tube diameter of no larger than about 2 m and a reactor tube length between 10 to 35 m. See MPEP 2144.05. In cases where claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to construct the reactor of modified Miyashita et al. ‘468 with a height of 20 meters and diameter of 0.45 meters with the reasonable expectation of forming a useful reactor and in order to finely reduce iron based on the teachings of based on the teachings of Bengtsson et al. ‘212 at (Abstract). Generally, changes in shape will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such shape is critical. See MPEP 2141.01(a) I. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. US 6071468 A in view of Simoes et al. US 20110272868 A1 as applied to Claims 1 and 22-24 above and further in view of Guthrie US 3527288 A. Regarding Claim 25, Miyashita et al. ‘468 modified by Simoes et al. ‘743 teaches the limitations set forth above. Miyashita et al. ‘468 teaches a gas seal valve (meeting the limitation for a gas separator) (4, Fig. 21) positioned adjacent an entrance to the gas exhaust (35, Fig. 21) and configured to remove entrained powder from gases within the reactor (meeting the limitation for reactor gas), the gas seal valve (meeting the limitation for a gas separator) is connected to a tube which runs through a center of the reactor tube and is configured to pass the removed entrained powder from the gas separator into the reactor tube (Fig. 7), meeting the applicable limitations of the instant Claim. Miyashita et al. ‘468 and Simoes et al. ‘743 do not expressly teach the reactor wall or tube material. However, Guthrie ‘288 expressly teaches a fluidized bed reactor for the reduction of iron ore particulates wherein the tube within the reactor furnace is comprised of metal in order to increase longevity of the reactor and its parts (Column 1 Lines 52-56). In addition to Miyashita et al. ‘468 and Simoes et al. ‘743 teaching reactors that are built to withstand high operating temperatures suitable for reducing iron ore, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to construct the tube of Miyashita et al. ‘468 of metal in order to increase the longevity of the tube based on the teachings of Guthrie ‘288 (Column 1 Lines 52-55, Column 3 Lines 11-14), meeting the limitation of the instant Claim. Claims 1 and 22-24 are additionally and alternatively rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. US 6071468 A in view of Claflin US 3928023 A and Bengtsson et al. US 4359212 A. Regarding Claim 1, Miyashita et al. ‘468 teaches an externally heated (2, Fig. 1) vertical reactor comprising a vertically oriented reactor tube (1, Fig. 1), a hopper located adjacent a top end of the reactor tube (5, Fig. 1) and configured to input a powder comprising iron ore such that the powder falls downwards in the reactor tube. Miyashita et al. ‘468 teaches heating elements (2, Fig. 1) positioned vertically adjacent at least one wall of the reactor tube and configured to provide heat to be conducted through the at least one wall, so as to heat the powder and the reducing gas within the reactor tube to a temperature at which the powder and the reducing gas are caused to react. Miyashita et al. ‘468 teaches a gas exhaust (20, Fig. 1) positioned adjacent the top end of the reactor tube. Miyashita et al. ‘468 teaches an output (7, Fig. 1) for reduced iron powder positioned at the base of the reactor tube. Miyashita et al. ‘468 teaches a single reducing gas input port (meeting the limitation for a reducing gas injector element) (3a, Fig. 1) at the base of the reactor tube and does not expressly teach multiple reducing gas injector elements arranged along the reactor tube from a base of the reactor tube. However, Claflin ‘023 teaches feeding reducing gas into a vertical shaft furnace (meeting the limitation for a vertical reactor) with secondary and tertiary sets of reducing gas tuyeres. Claflin ‘023 further teaches the additional tuyeres may be provided with a conventional bustle pipe or suitable manifold in order to provided additional heated reducing gas in order to increase the effect of iron oxide reduction (Column 1 Lines 10-25). A person of ordinary skill in the art at the time of filing the invention would have been motivated to modify Miyashita et al. ‘468 by adding the tiered reducing gas input ports of Claflin ‘023 to the base of the reactor tube in order to increase the number of injection points and allow for increased effect of iron reduction based on the teachings of Claflin ‘023 at (Abstract). Further motivation is provided by such a change being easily integrated in a conventional manner as set forth at (Column 7 Lines 53-55). Additionally, Claflin ‘023 expressly teaches the heated reducing gases move upward against the direction of downwardly flowing material e.g. at (Column 6 Lines 1-20). Claflin ‘023 does not expressly teach the upward flow of reducing gas is achieved by the tuyeres being angled to blow air in an upwards direction. However, Bengtsson et al. ‘212 teaches angling the nozzles supplying reducing gas to the base of a vertical reactor for the reduction of iron ore at an angle of at most 80 degrees upwards from the horizontal plane in order to maintain fluidization within the chamber and prevent the sticking of solid material within the vertical reactor (Column 2 Lines 30-34, Column 3 Lines 26-37). It would have been obvious to one of ordinary skill in the art at the time of filing the invention to modify the nozzles of Miyashita et al. ‘468 to have an angle of at most 80 degrees upward from the horizontal plane in order to maintain fluidization within the chamber and prevent the sticking of downwardly descending iron ore powders within the externally heated reactor tube based on the teachings of Bengtsson et al. ‘212 at (Column 2 Lines 30-34, Column 3 Lines 26-37). The reducing gas injector elements, modified as set forth above, are configured for blowing in hot reducing gas counter to the downward descent of falling iron powder, meeting the limitation of the instant Claim. Further, the heated gas provided at the base of the reactor rises as a physical phenomenon and the reactor of modified Miyashita et al. ‘468 would be expected to produce the same or similar effect as the claimed vertical reactor, meeting the limitations for the instant Claim. Regarding the newly amended limitations, Miyashita et al. ‘468 teaches at (Column 20 Lines 34-46) permitting the flow of fine-sized particles of a predetermined composition and teaches at (Column 29 Lines 13-16) preventing agglomeration and failure to fluidize the feed. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to create a dilute flow regime in the reactor of Miyashita et al. ‘468 in order to prevent agglomeration of particles based on the teachings of Miyashita et al. ‘468 e.g. at (Column 29 Lines 13-16). It would have further been obvious to make the flow regime within reactor of Miyashita et al. ‘468 adjustable in order to achieve a predetermined quality and concentration of output of reduced metal, meeting the limitations of the instant Claim. See MPEP2144.04 V. D. Regarding Claims 22-23, Miyashita et al. ‘468 modified by Claflin ‘023 and Bengtsson et al. ‘212 teaches the limitations set forth above. Miyashita et al. ‘468 teaches partition walls (meeting the limitation for deflection plates) arranged within the reactor tube adjacent to the reducing gas input ports (Column 8 Lines 8-12), meeting the limitations for the instant Claims. Regarding Claim 24, Miyashita et al. ‘468 modified by Claflin ‘023 and Bengtsson et al. ‘212 teaches the limitations set forth above. Miyashita et al. ‘468 teaches its partition walls (meeting the limitation for deflection plates) prevent direct movement of raw particles (Column 8 Lines 8-12), meeting the limitation of the instant Claim. Claim 9 is additionally and alternatively rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. US 6071468 A in view of Claflin US 3928023 A and Bengtsson et al. US 4359212 A as applied to Claims 1 and 22-24 above and further in view of Green US 20200048724 A1. Regarding Claim 9, Miyashita et al. ‘468 modified by Claflin ‘023 and Bengtsson et al. ‘212 teaches the limitations set forth above. Miyashita et al. ‘468 and Claflin ‘023 do not expressly teach the reactor length of the instant claims and Bengtsson et al. ‘212 does not provide a particle residence time. However, Green et al. ‘724 teaches at [0037] a particle residence time of “less than or equal to 10 seconds (although it could be increased to 15 seconds by extending the length of the furnace shaft).” Green et al. ‘724 teaches a reactor length of 30 feet (approximately 9.1 m) provides a residence time of 10 seconds. Green et al. ‘724 teaches variables including reactor length [0037], direction of gas flow [0032, 0050], and agglomeration of particles [0055] may impact the and residence time, the rate of the fall of iron ore particles within a reactor. It would have been obvious to one of ordinary skill in the art at the time of filing the invention that a residence of time of 10 to 15 seconds can be proportionally achieved by a reactor having a length from 30 feet (approximately 9.1 m) to 45 feet (approximately 13.7 m). The teachings of Green et al. ‘724 meet the limitations of the instant claim regarding residence time. Green et al. ‘724 does not expressly teach a reactor diameter. However, Bengtsson et al. ‘212 teaches a reactor for processing iron ore fines having a height of 20 meters and a diameter of 0.45 meters (Colum 4 Lines 25-29). These dimensions fall squarely within the range of the instant Claim of a reactor tube diameter of no larger than about 2 m and a reactor tube length between 10 to 35 m. See MPEP 2144.05. In cases where claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Regarding the reactor tube length, it would have been obvious to one having ordinary skill in the art at the time of filing the invention to construct the reactor of modified Miyashita et al. ‘468 with a height of 20 meters and diameter of 0.45 meters with the reasonable expectation of forming a useful reactor and in order to finely reduce iron based on the teachings of based on the teachings of Bengtsson et al. ‘212 at (Column 4 Lines 25-29). Generally, changes in shape will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such shape is critical. See MPEP 2141.01(a) I. Claim 25 is additionally and alternatively rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. US 6071468 A in view of Claflin US 3928023 A and Bengtsson et al. US 4359212 A as applied to Claims 1 and 22-24 above and further in view of Guthrie US 3527288 A. Regarding Claim 25, Miyashita et al. ‘468 modified by Claflin ‘023 and Bengtsson et al. ‘212 teaches the limitations set forth above. Miyashita et al. ‘468 teaches a gas seal valve (meeting the limitation for a gas separator) (4, Fig. 21) positioned adjacent an entrance to the gas exhaust (35, Fig. 21) and configured to remove entrained powder from gases within the reactor (meeting the limitation for reactor gas), the gas seal valve (meeting the limitation for a gas separator) is connected to a tube which runs through a center of the reactor tube and is configured to pass the removed entrained powder from the gas separator into the reactor tube (Fig. 7), meeting the applicable limitations of the instant Claim. Miyashita et al. ‘468 and Claflin ‘023 and Bengtsson et al. ‘212 do not expressly teach the reactor outer wall or tube material. However, Guthrie ‘288 expressly teaches a fluidized bed reactor for the reduction of iron ore particulates wherein the tube within the reactor furnace is comprised of metal in order to increase longevity of the reactor and its parts (Column 1 Lines 52-56). Miyashita et al. ‘468, Claflin ‘023, Bengtsson et al. ‘212 teaching reactors that are built to withstand high operating temperatures suitable for reducing iron ore. Additionally, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to construct the tube of Miyashita et al. ‘468 of metal in order to increase the longevity of the tube based on the teachings of Guthrie ‘288 (Column 1 Lines 52-55, Column 3 Lines 11-14), meeting the limitation of the instant Claim. Response to Arguments Applicant's arguments filed 03/05/2026 have been fully considered but they are not persuasive. Applicant’s arguments are based on amendments that do not find support in the instant Specification as set forth above. Applicant argues Miyashita teaches away from the use of any other type of flow regime than a fluidized flow regime because it emphasizes advantages of fluidized flow. However, teaching the advantages of an alternative is not teaching away, and persons of ordinary skill in the art at the time of filing the invention would be motivated by a desire not to cause agglomeration of particles within the reactor to create a dilute flow regime. Further, adding less material or more material are operations obvious to one of ordinary skill in the art at the time of fling the invention to achieve a predetermined output. Additionally, the claims are drawn to a reactor, an apparatus, and not to a method. As set forth above, been obvious to make the flow regime within reactor of Miyashita et al. ‘468 adjustable in order to achieve a predetermined quality and concentration of output of reduced metal, meeting the limitations of the instant Claim. See MPEP2144.04 V. D. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 5445363 A teaches dilute phase transport of large iron-bearing particles within a reduction reactor. WO 2019219340 A1 teaches counter current and or top-down flow of gas in the direct reduction of iron. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORIAH S. SMOOT whose telephone number is (571)272-2634. The examiner can normally be reached M-F 8:30am - 5pm EDT. 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, Keith Hendricks can be reached at (571) 272-1401. 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. /Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733 /M.S.S./Examiner, Art Unit 1733
Read full office action

Prosecution Timeline

Apr 16, 2024
Application Filed
Sep 24, 2024
Response after Non-Final Action
Mar 13, 2025
Non-Final Rejection — §103, §112
Jun 18, 2025
Response Filed
Jul 09, 2025
Final Rejection — §103, §112
Aug 27, 2025
Response after Non-Final Action
Sep 15, 2025
Response after Non-Final Action
Oct 14, 2025
Request for Continued Examination
Oct 19, 2025
Response after Non-Final Action
Nov 12, 2025
Non-Final Rejection — §103, §112
Mar 05, 2026
Response Filed
Mar 12, 2026
Final Rejection — §103, §112 (current)

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Prosecution Projections

5-6
Expected OA Rounds
64%
Grant Probability
66%
With Interview (+2.5%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 107 resolved cases by this examiner. Grant probability derived from career allow rate.

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