DETAILED ACTION
Application Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to Applicant’s submission dated 06/11/2024. Claim(s) 1–8 are pending.
Claim Rejections - 35 USC § 103
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 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 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.
Claims 1 & 3–8 are rejected under 35 U.S.C. 103 as being unpatentable over US 3,552,033 to Steever et al.
With regard to claim 1, Steever discloses a distribution plate (15) for forming a fluidized bed, the distribution plate being used to form a fluidized bed of a granular material (Col. 1, lines 27–27; Col. 4, lines 37–40), wherein the distribution plate (15) is made up of a base plate (15) (Fig. 1), a plurality of small holes (23) provided in the base plate (15) (Figs. 1 & 2), and a chimney deck (17) in which respective chimneys (17) are disposed in the small holes (23) (Figs. 1 & 2), each of the chimneys (17) has a first opening portion (26, 32) opened in a predetermined direction (Fig. 9), and a second opening portion opened (26, 32) in a different direction at a height position above the first opening portion (32) (Figs. 6 & 9).
Steever fails to disclose slip-shaped openings. It would have been an obvious matter of design choice to use slit-shaped opening instead of round openings, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art when the choice of shape has no significant impact on the operation of the invention. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With regard to claim 3, Steever further discloses the chimney (17) is made up of stainless steel (Col. 2, lines 49–53; Col. 4, lines 30–36).
With regard to claim 4, Steever further discloses the chimney (17) is made up of a cylindrical column portion (25) (Fig. 6), and a roof portion (25a) that plugs an upper end opening of the column portion (25) (Fig. 6), and the first opening portion (26) and the second opening portion (26) are formed in a peripheral wall of the column portion (25) (Fig. 6).
With regard to claim 5, Steever further discloses the roof portion (25a) has a hollow structure therein (Fig. 6).
With regard to claim 6, Steever fails to disclose slip-shaped openings. It would have been an obvious matter of design choice to use slit-shaped opening instead of round openings, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art when the choice of shape has no significant impact on the operation of the invention. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With regard to claim 7, Steever further discloses the first opening portion (26, 32) is formed, in the chimney (17), facing in a direction in which a discharge section (21) of granular material is provided (Figs. 1, 6, & 9; Col. 4, lines 49–50).
With regard to claim 8, Steever further discloses a fluidized bed dryer (Col. 1, lines 41–46), which utilizes the distribution plate for forming a fluidized bed according to claim 1 (see rejection of claim 1 above).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 3,552,033 to Steever in view of US 3,238,023 to Craig et al.
Steever fails to disclose the base plate has a structure in which a heat insulating material is affixed to a sheet plate made of a metal. Craig teaches the base plate has a structure in which a heat insulating material is affixed to a sheet plate made of a metal (Col. 4, lines 28–32). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the fluidized bed distribution plate of Steever with the sheet metal and refractory block base plate of Craig because such a combination would have had the added benefit of structurally stable and able to withstand high temperatures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see attached PTO-892. Applicant is encouraged to review the cited references prior to submitting a response to this office action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J LAUX whose telephone number is (571)270-7619. The examiner can normally be reached 8:30-5:30 M-F.
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/DAVID J LAUX/Primary Examiner, Art Unit 3762
September 16, 2026
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