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 .
The specification, abstract, drawings of May 10, 2024 and the claims of July 20, 2026 are under examination.
Election/Restrictions
Applicant’s election without traverse of invention of Group I in the reply filed on July 20, 2026 is acknowledged.
Response to Amendment
The submission entered July 20, 206 in response to an Office Action mailed July 14, 2026 is acknowledged.
Claims 6-9 are pending. Claim(s) 1-5 is/are cancelled. Claim 9 is withdrawn.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were submitted on May 10, 2024. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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) 6, 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Document (EP 2922800 B1, copy in the English language provided by applicant, hereafter ‘800).
Regarding Claim(s) 6, ‘800 teaches a device (drying pipe 40) for conveying bulk material, in the device comprising: a first connection (32) with the plant, in which bulk material to be transported passes into the plant, and, a further connection (inlet section 42) to the plant configured to provide a gas supply for pressurizing with a recirculation gas (inlet section is connected to exhaust line from a clinker cooler). The language “for a plant for production of cement clinker, wherein the plant operates in a recirculation process, or in an oxy-fuel process, or both” does not limit the structure of the device as the language is the intended use of the device.
Regarding Claim(s) 7, the device is a pneumatic lifting device [Para. 19, “upward section of the drying pipe is preferably substantially vertical”].
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘800 as applied to claim 6 above, and further in view of Tell (USPN 9611106).
Regarding Claim(s) ‘800 teaches a control device [Para. 23, implied by “gas speed in the upward section may be adjusted to optimize this potential fall of heavy particles”] configured to adjust an amount of gas supply. ‘800 fails to teach the adjusting is a function of a flow rate of a pneumatically conveyed bulk material, wherein the gas supply increases with a lower flow velocity of the pneumatically conveyed bulk material and decreases with a higher velocity of the pneumatically conveyed bulk material. Tell (USPN 9611106) teaches a control device (4a, 4b) configured to adjust an amount of gas supply as a function of a flow rate of a pneumatically conveyed bulk material, wherein the gas supply increases with a lower flow velocity of the pneumatically conveyed bulk material and decreases with a higher velocity of the pneumatically conveyed bulk material [Col. 6:42-51] in order to provide reduced acceleration and/or retardation of the material [Col. 6:56-59]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to reduce acceleration and/or retardation of the material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN 12560381 teaches a device that would be considered to anticipate at least claim 6. USPN 5292247 teaches a device that would be considered to anticipate at least claim 6. WO2009030700A2 teaches a device that would be considered to anticipate at least claim 6. USPN 6955506 discloses controlling speed in a pipeline.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MCCULLOUGH can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R HARP/Primary Examiner, Art Unit 3653
