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 § 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.
Claims 9, 10, 11, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0155012 (Nichols hereinafter).
Regarding claim 9, Nichols teaches a kiln for drying lumber (Figures 1A and 3) that discloses a) a kiln housing formed to include a green-lumber conditioning chamber, a dry- lumber conditioning chamber, and a drying chamber between the green-lumber conditioning chamber and the dry-lumber conditioning chamber (Kiln in Figures 1A and 3 with 102a [green-lumber conditioning chamber], 104 [drying chamber], and 102b [dry-lumber conditioning chamber] in Figures 1A and 2A); b) a conveyor configured to transport lumber through the green-lumber conditioning chamber, the drying chamber, and the dry-lumber conditioning chamber (Conveyor to drive the lines 122 to 124 and 112 to 114 in Figures 1A and 2A); and c) a lumber drying system comprising i) a plurality of primary heating elements located in the drying chamber and configured to heat the lumber to a drying temperature in the drying chamber (Primary heaters 146 as shown in Figure 1A receiving heat per ¶ 19 and 22), and ii) a plurality of pre-heating elements located in the green-lumber chamber and configured to heat the lumber in the green-lumber chamber to a pre-heated temperature less than the drying temperature prior to the lumber entering the drying chamber (Entry portion of chambers 102a/102b with their heating portions 258a/258b respectively paired with Figure 1C) .
Regarding claim 10, Nichols’ teachings are described above in claim 9 where Nichols further discloses that the plurality of pre-heating elements are coupled to the plurality of primary heating elements to receive heat therefrom after the heat flows through the plurality of primary heating elements (Figure 1A of Nichols shows the connecting portions at 148a and 148b between the main heater within 104 and the pre/post treatment heaters in 102a/102b).
Regarding claim 11, Nichols’ teachings are described above in claim 10 where Nichols further discloses that the drying system further comprises a plurality of air circulation fans configured to circulate air in a first direction that pushes the air in a first direction first thorough the plurality of pre-heating elements and then to the lumber (Evident from Figure 6 of Ball with Column 7 Line 59 through Column 8 Line 10 and Figure 3 of Nichols).
Regarding claim 14, Nichols’ teachings are described above in claim 9 where Nichols further discloses that the drying kiln includes a first drying line configured to dry a first stack of lumber and extending through the green-lumber conditioning chamber, the drying chamber, and the dry-lumber conditioning chamber (First drying line 112-114 in Figure 1A of Nichols) and a second drying line configured to dry a second stack of lumber and extending through a second green-lumber conditioning chamber, the drying chamber, and a second dry-lumber conditioning chamber (First drying line 122-124 in Figure 1A of Nichols).
Regarding claim 15, Nichols’ teachings are described above in claim 14 where Nichols further discloses that the plurality of pre-heating elements are located between the green-lumber conditioning chamber of the first drying line and the dry-lumber conditioning chamber of the second drying line (Evident from Figure 3 of Nichols with the coils 258 between 121 and 111) and the drying system further includes a second plurality of pre-heating elements located between the second green-lumber conditioning chamber of the second drying line and the dry-lumber conditioning chamber of the first drying line (Figure 3 of Nichols as duplicated in reverse per Figure 1A with the opposing drying lines).
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.
Claims 1-4, 6, 7, 12, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0155012 (Nichols) in view of US RE48227 (Ball hereinafter).
Regarding claim 1, Nichols teaches a kiln for drying lumber (Figures 1A and 3) that discloses a) a kiln housing (Figure 3) including a roof (Roof 188), a plurality of side walls supporting the roof above ground (Walls 182) and cooperating with the roof to define kiln interior (Evident from Figure 3), and a plurality of interior partition walls located within the kiln interior to divide the kiln interior into a green-lumber conditioning chamber, a dry-lumber conditioning chamber, and a drying chamber between the green-lumber conditioning chamber and the dry- lumber conditioning chamber (Interior partitions between 102a [green-lumber conditioning chamber], 104 [drying chamber], and 102b [dry-lumber conditioning chamber] in Figures 1A and 2A); b) a conveyor configured to transport lumber, continuously and in series, through the green-lumber conditioning chamber, the drying chamber, and the dry-lumber conditioning chamber (Conveyor to drive the lines 122 to 124 and 112 to 114 in Figures 1A and 2A); and, c) a lumber drying system comprising i) a plurality of primary steam coils located in the drying chamber and configured to heat the lumber to a drying temperature in the drying chamber (Ducts 258a, 258b, and 146 per ¶ 19 and 26 stating that steam can be used to heat the lumber) as , ii) a air-circulation fan configured to circulate air through the lumber in the green-lumber conditioning chamber (Fan 160 per Figure 3 per ¶ 28 as applied in sections 102a and 102b), iv) the dry-lumber conditioning chamber (Fan 160 per Figure 3 per ¶ 28 as applied in sections 102a and 102b), and v) a plurality of pre-heating steam coils located in the green-lumber chamber and configured to heat the lumber in the green-lumber chamber to a pre- heated temperature less than the drying temperature prior to the lumber entering the drying chamber (Ducts 258a and 258b per ¶ 28 with Figure 1C).
Nichols is silent with respect to the circulation fans being a plurality of fans in drying chamber such that there is a plurality of air-circulation fans configured to circulate air through the lumber in the green-lumber conditioning chamber, iii) the drying chamber, iv) the dry-lumber conditioning chamber.
However, Ball teaches a kiln for lumber that discloses a plurality of air-circulation fans configured to circulate air through the lumber in the green-lumber conditioning chamber, iii) the drying chamber, iv) the dry-lumber conditioning chamber (Figures 4 and 5 show a plurality of circulating fans 1200 in each section).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the three sections of Nichols with the plurality of circulation fans to increase the drying of the lumber passing through the kiln.
Regarding claim 2, Nichols’ modified teachings are described above in claim 1 where the combination of Nichols and Ball would further disclose that the plurality of preheating steam coils are coupled to the plurality of primary steam coils to receive steam therefrom after the steam flows through the plurality of primary steam coils (Figure 1A of Nichols shows the connecting portions at 148a and 148b between the main heater within 104 and the pre/post treatment heaters in 102a/102b).
Regarding claim 3, Nichols’ modified teachings are described above in claim 1 where the combination of Nichols and Ball would further disclose that the plurality of air circulation fans circulate air in a direction that pushes the air in a first direction first thorough the plurality of pre-heating steam coils and then to the lumber (Evident from Figure 6 of Ball with Column 7 Line 59 through Column 8 Line 10 and Figure 3 of Nichols).
Regarding claim 4, Nichols’ modified teachings are described above in claim 3 where the combination of Nichols and Ball would further disclose that the drying system further includes a second set of air circulation fans configured to circulate air through the drying chamber (Fans 1200 of Ball Figure 6 within the middle drying section 104 of Nichols) and a third set of air circulation fans configured to circulate air through the dry-lumber conditioning chamber (Fans 1200 of Ball as modifying 160 of Nichols in sections 102a/102b).
Regarding claim 6, Nichols’ modified teachings are described above in claim 1 where the combination of Nichols and Ball would further disclose a first drying line configured to dry a first stack of lumber and extending through the green-lumber conditioning chamber, the drying chamber, and the dry-lumber conditioning chamber (First drying line 112-114 in Figure 1A of Nichols) and a second drying line configured to dry a second stack of lumber and extending through a second green-lumber conditioning chamber, the drying chamber, and a second dry-lumber conditioning chamber (First drying line 122-124 in Figure 1A of Nichols).
Regarding claim 7, Nichols’ modified teachings are described above in claim 6 where the combination of Nichols and Ball would further disclose that the plurality of pre-heating steam coils are located between the green-lumber conditioning chamber of the first drying line and the dry-lumber conditioning chamber of the second drying line (Evident from Figure 3 of Nichols with the coils 258 between 121 and 111) and the drying system further includes a second plurality of pre-heating steam coils located between the second green-lumber conditioning chamber of the second drying line and the dry-lumber conditioning chamber of the first drying line (Figure 3 of Nichols as duplicated in reverse per Figure 1A with the opposing drying lines).
Regarding claim 12, Nichols’ teachings are described above in claim 11 where Nichols is silent with respect that the drying system further includes a second set of air circulation fans configured to circulate air through the drying chamber and a third set of air circulation fans configured to circulate air through the dry-lumber conditioning chamber. It can be assumed that each drying section of Nichols will have a circulating fan in a similar fashion as Figure 3 however Nichols is not overly clear on this.
However, Ball teaches a kiln for lumber that discloses a plurality of air-circulation fans configured to circulate air through the lumber in the green-lumber conditioning chamber, iii) the drying chamber, iv) the dry-lumber conditioning chamber (Figures 4 and 5 show a plurality of circulating fans 1200 in each section). The resultant combination would be such that that the drying system further includes a second set of air circulation fans configured to circulate air through the drying chamber (Fans 1200 of Ball Figure 6 within the middle drying section 104 of Nichols) and a third set of air circulation fans configured to circulate air through the dry-lumber conditioning chamber (Fans 1200 of Ball as modifying 160 of Nichols in sections 102a/102b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the three sections of Nichols with the plurality of circulation fans to increase the drying of the lumber passing through the kiln.
Regarding claim 17, Nichols teaches a lumber drying kiln and a method of operation that discloses a) advancing green lumber into an interior of a kiln housing along a conveyor (Green lumber on entry points 112 and 122 in Figure 1a); b) advancing the green lumber through a green-lumber conditioning chamber located within the interior of the kiln housing (Passage through chamber 102a along 112 and chamber 102b along 122); c) pre-heating the green lumber in the green-lumber conditioning chamber to a first temperature to provide pre-heated lumber (Heating via 258a and 258b paired with Figure 1c); d) advancing the pre-heated lumber from the green-lumber conditioning chamber to a drying chamber located within the kiln housing (Advancement from 102a or 102b into the central drying chamber 104); e) heating the pre-heated lumber in the drying chamber to a second temperature greater than the first temperature to provide fully-heated lumber (Evident from Figure 1c); g) advancing the fully-heated lumber from the drying chamber to a dry-lumber conditioning chamber (Passage of 112 into the chamber 102b and advancement of 122 into 102a); h) circulating air around and through the lumber in the dry-lumber conditioning chamber to provide dry lumber (Circulation provided by fans 160 per Figure 3); and i) advancing the dry lumber along the conveyor out of the interior of the kiln housing (Evident from Figure 1a).
Nichols is silent with respect to f) circulating air around and through the lumber in the drying chamber.
However, Ball teaches a kiln for lumber that discloses a plurality of air-circulation fans configured to circulate air through the lumber in the drying chamber (Figures 4 and 5 show a plurality of circulating fans 1200 in each section).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the three sections of Nichols with the plurality of circulation fans to increase the drying of the lumber passing through the kiln.
Regarding claim 18, Nichols’ modified teachings are described above in claim 17 where the combination of Nichols and Ball would further disclose that the step of pre-heating the green lumber in the green-lumber conditioning chamber includes circulating heated air in a first direction from a plurality of pre-heating elements toward the green lumber (Evident from Nichols Figure 3 and Ball Figure 6).
Regarding claim 19, Nichols’ modified teachings are described above in claim 17 where the combination of Nichols and Ball would further disclose that the step of advancing the green lumber includes advancing a first stack of green lumber through the pre-heating conditioning chamber in a first direction (First drying line 112-114 in Figure 1A of Nichols) and advancing a second stack of green lumber through a second pre-heating conditioning chamber in a second direction, different than the first direction (First drying line 122-124 in Figure 1A of Nichols), and the method further includes pre-heating the second stack of green lumber in the second green-lumber conditioning chamber to the first temperature to provide a second stack of pre-heated lumber (Evident of the conveying path shown in Figure 1a of Nichols with Figure 1c of Nichols).
Regarding claim 20, Nichols’ modified teachings are described above in claim 19 where the combination of Nichols and Ball would further disclose that heating the second stack of pre-heated lumber in the drying chamber to the second temperature greater than the first temperature to provide a second stack of fully-heated lumber (Evident from Nichols Figure 1c); circulating air around and through the second stack of fully-heated lumber in the drying chamber (Inherent of the combination of Nichols and Ball); advancing the second stack of fully-heated lumber from the drying chamber to a second dry-lumber conditioning chamber (Movement from the line starting 122 to the chamber 102a of Nichols); circulating air around and through the second stack of fully-heated lumber in the second dry-lumber conditioning chamber to provide a second stack of dry lumber (Evident from Figure 3 of Nichols); and advancing the second stack of dry lumber out of the interior of the kiln housing (Outlet at 124 of Nichols Figure 1a).
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0155012 (Nichols) in view of US RE48227 (Ball) and further in view of US 5878509 (Burnett hereinafter).
Regarding claim 5, Nichols’ modified teachings are described above in claim 4 where the combination of Nichols and Ball would is silent with respect that the second set of air circulation fans are oriented to circulate air in the first direction through the plurality of primary steam coils and then toward the lumber in the drying chamber and the third set of air circulation fans are oriented to circulate air in a second direction opposite the first direction.
However, Burnett teaches a wood drying kiln that discloses a set of air circulation fans are oriented to circulate air in the first direction through the plurality of primary steam coils and then toward the lumber in the drying chamber (Figures 1 and 2 show the required air circulation pathing being alternating [Figure 2] and the passage through the heaters 34). The resultant combination would maintain the opposing flow patterns of Ball in Figure 6 such that the third set of air circulation fans are oriented to circulate air in a second direction opposite the first direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the air circulation pathing of Nichols/Ball with the heater location of Burnett to allow for immediate treatment of the circulated air.
Regarding claim 13, Nichols’ modified teachings are described above in claim 4 where the combination of Nichols and Ball would is silent with respect that the second set of air circulation fans are oriented to circulate air in the first direction through the plurality of primary heating elements and then toward the lumber in the drying chamber and the third set of air circulation fans are oriented to circulate air in a second direction opposite the first direction.
However, Burnett teaches a wood drying kiln that discloses a set of air circulation fans are oriented to circulate air in the first direction through the plurality of primary heating coils and then toward the lumber in the drying chamber (Figures 1 and 2 show the required air circulation pathing being alternating [Figure 2] and the passage through the heaters 34). The resultant combination would maintain the opposing flow patterns of Ball in Figure 6 such that the third set of air circulation fans are oriented to circulate air in a second direction opposite the first direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the air circulation pathing of Nichols/Ball with the heater location of Burnett to allow for immediate treatment of the circulated air.
Claim 8 rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0155012 (Nichols) in view of US RE48227 (Ball) and further in view of US 10619921 (Brodie hereinafter).
Regarding claim 8, Nichols’ modified teachings are described above in claim 7 where the combination of Nichols and Ball would is silent with respect that the plurality of air-circulation fans are oriented to circulate air in a first direction to travel from the plurality of pre-heating steam coils toward the first stack of lumber in the green-lumber conditioning chamber and away from the second stack of lumber, and the drying system further includes a second plurality of air circulation fans oriented to circulate air in a second direction opposite the first direction to travel from the second plurality of pre-heating steam coils toward the second stack of lumber in the second green-lumber conditioning chamber and away from the first stack of lumber.
However, Brodie teaches a dual path drying kiln for lumber that discloses the plurality of air-circulation fans are oriented to circulate air in a first direction to travel from the plurality of pre-heating steam coils toward the first stack of lumber in the green-lumber conditioning chamber and away from the second stack of lumber (Figures 5 and 6 of Brodie show the air going from the green lumber 22 to the treated lumber 24 after passing from the heater of Nichols/Ball), and the drying system further includes a second plurality of air circulation fans oriented to circulate air in a second direction opposite the first direction to travel from the second plurality of pre-heating steam coils toward the second stack of lumber in the second green-lumber conditioning chamber and away from the first stack of lumber (Resultant combination where Ball reverses the flow).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the flow direction of the Nichols/Ball with the teachings of Brodie to further assist in conditioning and preconditioning the lumber passing through the Kiln.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0155012 (Nichols) in view of US 10619921 (Brodie).
Regarding claim 16, Nichols’ teachings are described above in claim 15 where Nichols is silent with respect that the plurality of air-circulation fans are oriented to circulate air in a first direction to travel from the plurality of pre-heating steam coils toward the first stack of lumber in the green-lumber conditioning chamber and away from the second stack of lumber, and the drying system further includes a second plurality of air circulation fans oriented to circulate air in a second direction opposite the first direction to travel from the second plurality of pre-heating steam coils toward the second stack of lumber in the second green-lumber conditioning chamber and away from the first stack of lumber.
However, Brodie teaches a dual path drying kiln for lumber that discloses the plurality of air-circulation fans are oriented to circulate air in a first direction to travel from the plurality of pre-heating steam coils toward the first stack of lumber in the green-lumber conditioning chamber and away from the second stack of lumber (Figures 5 and 6 of Brodie show the air going from the green lumber 22 to the treated lumber 24 after passing from the heater of Nichols), and the drying system further includes a second plurality of air circulation fans oriented to circulate air in a second direction opposite the first direction to travel from the second plurality of pre-heating steam coils toward the second stack of lumber in the second green-lumber conditioning chamber and away from the first stack of lumber (Resultant combination with Nichols).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the flow direction of the Nichols with the teachings of Brodie to further assist in conditioning and preconditioning the lumber passing through the Kiln.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
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