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 1-5 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.
Claims 1-5 are rejected under 35 U.S.C. 112(b) as indefinite. The claims fail to particularly point out and distinctly claim the subject matter because the transitional phrase is missing, creating ambiguity as to whether other components (e.g., the grain) are included or excluded from the claimed method and device. Without a proper transitional phrase, it's unclear if the claim is open or closed, leading to uncertainty about what is covered and what isn't. Clarification is respectfully requested.
Claim 1 recites the limitation "the area" in line 4. There is insufficient antecedent basis for this limitation in the claim. Same rejection applies to line 4 of claim 2.
Claim 2 recites the limitation "the grain transfer hopper's structure" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the grain movement area" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greer (US4993316)
With respect to claim 1, Greer discloses a method (Fig. 1) for wetting grain (20), wherein the grain is transferred using a grain transfer hopper (18, 25) into a container (49 or a container under 49 (not shown)) into which the grain needs to be transferred, characterized in that the grain transfer hopper is equipped with a liquid container (39), a pump (42), and at least one nozzle (36), liquid supply pipes (38, 46), as well as at least one opening (at 36) for at least one nozzle in the area (in 25) where the grain moves, and using the grain transfer hopper with water placed in its container, the grain is mixed with water in the area where the grain moves.
With respect to claim 2, Greer discloses a method (Fig. 1) for wetting grain (20), wherein the grain is transferred using a grain transfer hopper (18, 25) into a container (under 49. container not shown) into which the grain needs to be transferred, characterized in that the grain transfer hopper is equipped with a pump (42) and at least one nozzle (36), liquid supply pipes (38, 46), and at least one hole (at 36) for at least one nozzle (36) in the area (in 25) where the grain moves, and using the grain transfer hopper, during the grain transfer process, the grain is mixed with water in the area where the grain moves, with the water being sourced from outside the grain transfer hopper's structure.
With respect to claim 3, Greer discloses a grain wetting device (Fig. 1), represents a grain hopper-loader (18, 25) equipped with a pump (42), at least one nozzle (36), liquid supply pipes (38, 46), and a control system (51), wherein the hopper-loader's structure includes at least one hole (at 36) for at least one nozzle at the grain movement area.
With respect to claim 4, Greer discloses the grain wetting device, based on claim 3, wherein in that, at least one liquid container (39) is additionally installed on the grain hopper-loader.
With respect to claim 5, Greer discloses the grain wetting device, based on claim 4, wherein in that, the liquid container can (capable of) be filled with a agent (water alone or water mixed with other suitable ingredients such as nutrients or a surfactant . Abstract) intended for extinguishing fire, and additionally, a device (top opening and the cap 39A) for (capable of) applying the aforementioned agent intended for extinguishing fire is installed on the grain hopper-loader.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to show the art with respect to a grain wetting device: MacDonald et al., Malin et al., Slack et al., Hough, Zarow et al., Mueller, Anthony, Oetiker et al., Irish et al. and Volk et al.
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/CHEE-CHONG LEE/ Primary Examiner, Art Unit 3752 January 13, 2026