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 .
Summary
This is the initial Office action based on application 18774214 filed 7/16/24.
Claims 1-12 are pending and have been fully considered.
Drawings
The Drawings filed on 10/31/24 are acknowledged and accepted by the examiner.
Specification
The Specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. MPEP § 608.01
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 of this title, 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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over KAPLAN ET AL. (US PG PUB 20160045841) in its entirety. Hereby referred to as KAPLAN.
Regarding claims 1-12:
KAPLAN teaches in para [0007] The integrated matrix of the present invention can be comprised of various modules including, but not limited to, the following: receiving, storage and routing (tank farm) (FIG. 1); tire plant (FIGS. 2A and 2B); pre-pyrolysis (FIG. 26), purification, reduction, mix & treatment; pyrolysis (FIGS. 4A and 4B); battery plant (FIG. 5); sulfuric acid plant (FIG. 11); Nano plant (FIGS. 3A, 3B, 3C, and 3D), oil metal extraction (FIG. 75); refining (FIGS. 6A, 6B and 6C); asphalt plant (FIG. 7); steel foundry (FIGS. 17, 17A, 17B, 17C, and 17D); lead oxide (FIG. 18); lead smelter; aluminum smelter (FIGS. 19A, 19B, and 19C); precious metals smelter (FIG. 23) and catalyst recovery (Platinum, Gold, Silver and others); zinc smelter (copper smelter (FIGS. 20A and 20B)); sintering (FIGS. 21A and 21B); waste water treatment (FIGS. 14A, 14B, 14C, and 14D); water production plant; sour water stripper (FIG. 8C); power generation (FIGS. 9A and 9B); gas plants including hydrogen plant (FIG. 15); oxygen plant (FIG. 16); and nitrogen plant. Methane can also be produced from coal liquefaction and gasification, but there is no need for a separate module for methane production as it is converted to syngas in the matrix.
KAPLAN teaches in para [0054] Oil Fields (Offshore, Inshore, Near Shore, On Shore, Inland), Pipe Lines (Export Pipelines, Import Pipelines, Feed lines, transport, interior, network), Coal, Coal Slag, Coal Char, Blue Powder, Shale Oil, Tar Sands, Kerogen, Natural Gas LNG, Liquid Petroleum Gas (LPG), Heavy Oil, Heavy Crude oil, Acidic Oil, Acidic Crude Oil, Orinoco Heavy Oil, Fuel Cell, Lithium Battery, Hydrogen, Helium, Steam Hydrogen reclamation, Oxygen, Nitrogen, Energy Independent, Clay Regeneration
KAPLAN teaches in para [0113] The general concept of the present inventive system, method and apparatus is shown in block diagram form in FIGS. 1A and 1B. A feed module is the module in which feed is received, stored and introduced into the present processing modules and the refinery module. The feed can include: a) oil pipeline feed; b) Crude Oil; c) Peat in various forms, d) Shale Oil; e) Oil Sands; f) Tar Sands, g) waste industrial and utility company transformer oil; h) bitumen; i) waste (spent) automotive oil; j) terminated spent tires; k) spent batteries in various forms and construction; l) coal, coal fines, graphite; and m) carbon black. Spent oil is processed to remove impurities including inter alia minerals, chemical additives, solvents, metals, carbon, grit, chlorine, sulfur, volatile organics, moisture, acids, ash, catalysts, oxidants, PCBs, actinides, unspent fuel and other like contaminants. The pretreated material is sent to the refinery to be reprocessed in the refinery to petroleum, and to other modules such as, for example advanced Nano, to provide composites, carbon fiber or ceramic materials, and other modules to provide fuels, lubricants or electrical and thermal energy products. By-products from the refining process can be recycled through the modules, individually, collectively, in tandem, hybrid, and or part, depending upon user requirements, to provide further products. Products from the present matrix system and process include, inter alia, a) motor oil; b) gasoline; c) diesel and JP-4; d) JP fuels, e) kerosene; f) greases and lubricants; g) LPG, propane, hydrogen, naphtha, nitrogen; h) butane; i) feedstock; j) metals including precious metals; k) metal oxides; l) sulfuric acid and sulfur; m) waxes; n) ceramics; o) activated carbon; fluff (from tires and used as component for growing nano tubes); p) carbon black; q) asphalt; r) ammonia; s) methane; t) water; u) electric power; v) carbon credits; w) nano tubes; x) advanced ceramics and; y) advanced nano composites; z) catalysts, additives, solvents, chemicals for recycle ab) actinides, ac) metals, ad) minerals, ae) chemicals and chemical compounds, af) rare earths; and ag) water.
KAPLAN teaches in para [0156] Distillation Reactor—The distillation reactor combines the crude oil, pyrolyic and the waste oil separation processes into a single atmospheric and vacuum distillation reactor system. The distillation reactor also pre-treats, desalts, de-poisons, deasphalts and wipe film/short path evaporates waste oil contaminants through high velocity heated cyclonic vortex centrifugation.
KAPLAN teaches in para [0026] It is a further desire of the present invention to function, but without limitation, with such technologies as can also be employed in Reactors of variable lengths and widths, and capable of temperatures to 3500° C., excellent air flow uniformity, easy internal access to facilitate maintenance, coal, electric or gas fired, optimal temperature uniformity, operator isolation from effluent, highest energy efficiency, fastest line speeds, thermal recovery systems, surface treatment systems, multiple sizing agents, multiple electrolyte solutions, clean and hygienic, non-contact drying, flexible system designs, unique gases (i.e., Argon, Nitrogen, etc.), large capacities (multiple muffle systems), atmosphere control, reduced energy costs, excellent temperature uniformity, with features not limited to but that can include multiple temperature control zones, proven alternating cross flow design, adjustable louvers and diffuser plates for precise temperature adjustment, rigid roll stands, integrated brush roll assemblies, excellent float end seals for positive sealing, minimized infiltration of ambient atmosphere and improved temperature uniformity, aluminized steel construction, plug fans to facilitate maintenance, carburization resistant muffle, low profile muffle for gas flow control, process gas distribution and sampling system, proven purge chamber gas curtain technology, and the like. Such embodiments are encompassed in the modules of, e.g., Cells 12, 17, 18 and 23.
KAPLAN teaches in para [0267] The intensifier pumps can generate synchronized counterclockwise or clockwise vortex flows and or cross stream flows (reverse “tornado” vortex) 357 (or multidirectional simultaneous flows).
KAPLAN teaches in para [0856] When the electromagnetic heater powers on, inner coils of the electromagnetic heater regularly vibrate at high frequency to change the direction of electric current and then induce a swirled magnetic field in the clearance.
KAPLAN teaches in para [0463] In addition to being a Renewable Energy, Clean Energy, and a closed loop system, with zero emissions, the invention embodiments could also be classified as a “green refinery” EFSMP, in that it will use the latest clean process technologies, producing ultra-low Sulfur fuels, gasolines, etc., where precuts can be sent out by truck, rail, pipeline, and tanker where available.
KAPLAN teaches in para [0923] The internal structure for these filters varies but mainly contains soil and/or organic compost material from wood refuse. Flow rates can be as high as 75,000 m3/h for a large filter (2100 m3) with an empty bed superficial velocity of 1.8 m/min (Leson and Winer, 1991). Several other large-scale operations (5000-150,000 m3/h) have also been listed, and it has been estimated that approximately 50-500 biofilters are in use in the United States and Europe.
Although KAPLAN teaches a coil, however a coil is a form of a pathway and one of ordinary skilled in the art would recognize that a pipeline is also a pathway; and therefore, would motivate the skilled artisan to utilize magnetic direction as a source for a pipeline pathway direction.
From the teachings of the all the references, it is apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art before the effective filing date, as evidenced by the references, especially in the absence of evidence to the contrary.
Also, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
In addition, “Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)). In In re Young, a claim to a machine for making concrete beams included a limitation to the concrete reinforced members made by the machine as well as the structural elements of the machine itself. The court held that the inclusion of the article formed within the body of the claim did not, without more, make the claim patentable
Additionally, the claimed changes in the sequence of performing steps is considered to be prima facie obvious because the time at which a particular step is performed is simply a matter of operator preference, especially since the same result is obtained regardless of when the step occurs. See Ex parte RUBIN, 128 USPQ 440 (Bd. App. 1959). See also In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results).
Nevertheless, an intended result of a process being claimed does not impart patentability to the claims when the general conditions of a claim are disclosed in the prior art. Furthermore, it has been held that obviousness is not rebutted by merely recognizing additional advantages or latent properties present in the prior art process and composition. Further, the fact that applicant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. Ex parte Obiaya, 227 USPQ 58, 60 (Bd.Pat. App. & Inter. 1985).
Therefore, it would have been obvious to the person having ordinary skill in the art to have selected appropriate conditions, as guided by the prior art, in order to obtain the desired products. It is not seen where such selections would result in any new or unexpected results. Please see MPEP 2144.05, II: noting obviousness within prior art conditions or through routine experimentation.
If it is the applicant's position that this would not be the case, evidence would need to be provided to support the applicant's position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANTEL GRAHAM whose telephone number is (571)270-5563. The examiner can normally be reached on M-TH 9:00 am - 7:00 pm.
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/CHANTEL L GRAHAM/
Examiner, Art Unit 1771
/ELLEN M MCAVOY/Primary Examiner, Art Unit 1771
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