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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims 1, 11, 20: “a supporting portion comprising a supporting portion body that is configured to be inserted into or removed from the horizontal exhaust path”
Claims 1, 11, 20: “a receiving portion configured to be inserted into or removed from the supporting portion”
Claims 6, 16: “a reinforcing member on one or more inner surfaces of the buffering zone”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
With regards to the supporting portion of claims 1, 11, 20 and their dependents, the corresponding structure described in the subsequent claims is an assembly comprising a “supporting portion body” (claim 1) and a “supporting portion flange” (claim 5).
With regards to the receiving portion of claims 1, 11, 20 and their dependents, the corresponding structure described in the subsequent claims is an assembly comprising a “receiving portion body” (claim 1) and a “receiving portion flange” (claim 5).
With regards to the reinforcing member of claims 6, 16, the corresponding structure described in [0080] of the 08/19/2024 specification is “a material having higher heat resistance and strength than the wall portion 110 in the other zones”.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 (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 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.
Claim(s) 1, 4-5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (JP2002295978A), referring to the English translation dated 09/30/2026, in view of Queenan (US462735A).
Regarding claim 1, Kato teaches
an exhaust structure (fig. 1-4) comprising:
a wall portion (upper wall 16) defining a first vertical exhaust path (lead-out hole 20, fig. 3), a horizontal exhaust path (horizontal path 22, fig. 3), and a second vertical exhaust path (outlet 30, fig. 3), which communicate with one another (fig. 3);
Kato does not teach
a supporting portion comprising a supporting portion body that is configured to be inserted into or removed from the horizontal exhaust path; and
a receiving portion configured to be inserted into or removed from the supporting portion, wherein the receiving portion comprises a receiving portion body that does not directly contact the wall portion due to the supporting portion body
Queenan teaches
a supporting portion comprising a supporting portion body (thimble 8) that is configured to be inserted into or removed from the horizontal exhaust path (“the thimble can be inserted and readily secured in place by bending the end edges against the chimney or flue”) [page 1 lines 54-56]; and
a receiving portion configured to be inserted into or removed from the supporting portion (soot pan 1), and wherein the receiving portion comprises a receiving portion body that does not directly contact the wall portion due to the supporting portion body (fig. 1, thimble 8 between wall portion and bottom 4 and sides 5 of soot pan 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the soot pan 1 system of Queenan to the cleaning hole 24 of Kato, in order to allow for easier removal of foreign matter from the exhaust system by providing a collection pan that can be inserted and replaced into the system to collect the foreign matter.
Regarding claim 4, Kato, as modified, teaches the exhaust structure of claim 1,
wherein a length of the horizontal exhaust path is greater than or equal to a length of the supporting portion body and a length of the receiving portion body (as shown on fig. 3 of Kato, length of horizontal path 22 greater than length of cleaning hole 24; thus as modified by Queenan, length of the horizontal path 22 is greater than a length of the thimble 8 and a length of the soot pan 1)
Regarding claim 5, Kato, as modified, teaches the exhaust structure of claim 1,
wherein the supporting portion comprises a supporting portion flange on a front surface of the supporting portion body and contacting an outer surface of the wall portion corresponding to the horizontal exhaust path while the supporting portion body is inserted into the horizontal exhaust path (edges 9 of thimble 8, fig. 1 of Queenan), and
wherein the receiving portion comprises a receiving portion flange on a front surface of the receiving portion body and contacting an outer surface of the supporting portion flange while the receiving portion body is inserted into the supporting portion body (outer face 6 of soot pan 1 contacting edges 9 of thimble 8, fig. 1 of Queenan)
Regarding claim 20, Kato teaches
an exhaust structure (fig. 1-4) comprising:
a wall portion (upper wall 16) defining a first vertical exhaust path (lead-out hole 20, fig. 3), a horizontal exhaust path in communication with the first vertical exhaust path (horizontal path 22, fig. 3), and a second vertical exhaust path in communication with the first vertical exhaust path via the horizontal exhaust path (outlet 30, fig. 3);
Kato does not teach
a supporting portion comprising a supporting portion body that is configured to be inserted into and removed from the horizontal exhaust path; and
a receiving portion configured to be inserted into and removed from the supporting portion, wherein the receiving portion comprises a receiving portion body that is configured to collect particles of an exhaust gas that passes into the horizontal exhaust path, and is further configured to be inserted into the supporting portion body such that the receiving portion body is distanced from the wall portion by the supporting portion body, while the supporting portion body is within the horizontal exhaust path
Queenan teaches
a supporting portion comprising a supporting portion body (thimble 8) that is configured to be inserted into or removed from the horizontal exhaust path (“the thimble can be inserted and readily secured in place by bending the end edges against the chimney or flue”) [page 1 lines 54-56]; and
a receiving portion configured to be inserted into or removed from the supporting portion (soot pan 1), wherein the receiving portion comprises a receiving portion body that is configured to collect particles of an exhaust gas that passes into the horizontal exhaust path (“1 designates a soot-pan constructed of sheet metal and adapted to be placed in a horizontal opening 2 of a chimney or flue 3 to catch soot falling therein and to enable the same to be readily removed” [page 1 liens 30-34]), and is further configured to be inserted into the supporting portion body such that the receiving portion body is distanced from the wall portion by the supporting portion body (fig. 1, thimble 8 between wall portion and bottom 4 and sides 5 of soot pan 1), while the supporting portion body is within the horizontal exhaust path (fig. 1, edges 9 of thimble 8 within flue 3; thus within the horizontal exhaust path as applied to Kato)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the soot pan 1 system of Queenan to the cleaning hole 24 of Kato, in order to allow for easier removal of foreign matter from the exhaust system by providing a collection pan that can be inserted and replaced into the system to collect the foreign matter.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (JP2002295978A), referring to the English translation dated 09/30/2026, in view of Queenan (US462735A), in further view of Kim (KR20150074601A), referring to the English translation dated 09/30/2026.
Regarding claim 2, Kato, as modified, teaches the exhaust structure of claim 1, wherein the receiving portion body comprises:
a horizontal portion comprising a flat top (horizontal portion of sides 5 of soot pan 1 of Queenan, fig. 1-2; flat top of sides 5 shown on fig. 2 of Queenan); and
an inclined portion extending downward in an inclined manner from an end of the horizontal portion (inner ends 7, fig. 2 of Queenan),
wherein the horizontal exhaust path horizontally extends from a side of the first vertical exhaust path (horizontal path 22 horizontally extends from side of lead-out hole 20, fig. 3 of Kato), the second vertical exhaust path vertically extends from a side of the horizontal exhaust path (outlet 30 vertically extends from side of horizontal path 22, fig. 3 of Kato)
Kato, as modified, does not teach
the supporting portion body comprises a communicating hole that is open towards the second vertical exhaust path
Kim teaches
the supporting portion body comprises a communicating hole that is open towards the second vertical exhaust path (upper surface portion 11 of communication support 10 comprises a communicating hole open toward communication 30, fig. 3)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the upper surface portion 11 of communication support 10 comprising a communicating hole of Kim to Kato, as modified, in order to provide only a small area for gas to escape and thus block foreign matter from entering the second vertical exhaust path, thus increasing the amount that accumulates in the collection pan for removal.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (JP2002295978A), referring to the English translation dated 09/30/2026, in view of Queenan (US462735A), in further view of Park (KR102141317B1), referring to the English translation dated 09/30/2026.
Regarding claim 6, Kato, as modified, does not teach the exhaust structure of claim 1, wherein the wall portion comprises:
a buffering zone above the horizontal exhaust path on a top of the first vertical exhaust path; and
a reinforcing member on one or more inner surfaces of the buffering zone
Park teaches
a buffering zone above the horizontal exhaust path on a top of the first vertical exhaust path (opening pipe 23 above horizontal flue part 22 on a top of exhaust port 11, fig. 1); and
a reinforcing member on one or more inner surfaces of the buffering zone (opening/closing plate 24 comprising inner surface forming top wall of opening pipe 23, reinforced by bolt (“An opening/closing plate 24 is fixedly installed with a fastening member such as a bolt to the opening pipe 23”) [0037])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the opening pipe 23 and opening/closing plate 24 structure of Park to Kato, as modified (specifically to horizontal path 22 of Kato), in order to provide another access point to clean the exhaust system (“It is possible to conveniently clean and maintain the inside of the exhaust port 11 and the communication 20” [0037 of Park]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (JP2002295978A), referring to the English translation dated 09/30/2026, in view of Queenan (US462735A), in further view of Bast (US20070089733A1).
Regarding claim 7, Kato, as modified, does not teach the exhaust structure of claim 1,
wherein the wall portion further comprises an inclined surface extending downwards in an inclined manner from a rear end of the horizontal exhaust path
Bast teaches
wherein the wall portion further comprises an inclined surface extending downwards in an inclined manner from a rear end of the horizontal exhaust path (inclined surface as shown on the rear end of second passage 43 (left side of fig. 1))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inclined surface of second passage 43 of Bast to Kato, as modified (specifically to horizontal path 22 of Kato), in order to guide the exhaust flow towards the outlet and prevent matter buildup at the top of the first vertical exhaust path.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20150074601A), referring to the English translation dated 09/30/2026, in view of Kato (JP2002295978A), referring to the English translation dated 09/30/2026.
Regarding claim 1, Kim teaches
an exhaust structure (fig. 1) comprising:
a first vertical exhaust path (above combustion chamber 4, fig. 1), a horizontal exhaust path (exhaust passage 2), and a second vertical exhaust path (communication 30), which communicate with one another (fig. 1);
a supporting portion comprising a supporting portion body (communication support 10), and
a receiving portion configured to be inserted into or removed from the supporting portion (opening and closing plate 20, figs. 2-4)
Kim does not teach
a wall portion defining a first vertical exhaust path, a horizontal exhaust path, and a second vertical exhaust path, which communicate with one another
a supporting portion comprising a supporting portion body that is configured to be inserted into or removed from the horizontal exhaust path
wherein the receiving portion comprises a receiving portion body that does not directly contact the wall portion due to the supporting portion body
While Kim, as modified, discloses the claimed invention except for “a supporting portion comprising a supporting portion body that is configured to be inserted into or removed from the horizontal exhaust path”, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make communication support 10 removable from exhaust passage 2, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. (In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)).
Kato teaches
the exhaust structure (fig. 1-4) comprises:
a wall portion (upper wall 16) defining a first vertical exhaust path (lead-out hole 20, fig. 3), a horizontal exhaust path (horizontal path 22, fig. 3), and a second vertical exhaust path (outlet 30, fig. 3), which communicate with one another (fig. 3);
While Kim teaches a first vertical exhaust path, a horizontal exhaust path, and a second vertical exhaust path, which communicate with one another, each of these paths isn’t defined by a wall portion. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the wall structure of upper wall 16 of Kato (defining each of lead-out hole 20, horizontal path 22, and outlet 30), to Kim, since “Further, in the present embodiment, the flue 28 is formed on the upper wall 16 with a predetermined length in the longitudinal direction of the roller hearth kiln 10 from an inorganic refractory similar to the furnace wall of the roller hearth kiln 10, for example, refractory brick. From this, high-temperature exhaust gas of, for example, about 1400 to 1600° C. is discharged from the inside of the furnace, heat can be recovered into the furnace in the discharge process, and the exhaust duct 32 made of metal is cooled after the temperature becomes relatively low. It can be used and discharged” [0017 of Kato].
The combination teaches
wherein the receiving portion comprises a receiving portion body that does not directly contact the wall portion due to the supporting portion body (wherein the communication support 10 of Kim is further defined by a furnace wall (as modified by Kato), opening and closing plate 20 does not contact the wall portion due to side portion 12, locking jaws 13 of communication support 10, fig. 2-4 of Kim)
Claim(s) 2-3 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20150074601A), referring to the English translation dated 09/30/2026, in view of Kato (JP2002295978A), referring to the English translation dated 09/30/2026, in further view of Won (KR101238954B1), referring to the English translation dated 09/30/2026.
Regarding claim 2, Kim, as modified, teaches the exhaust structure of claim 1, wherein the receiving portion body comprises:
the supporting portion body comprises a communicating hole that is open towards the second vertical exhaust path (upper surface portion 11 of communication support 10 comprises a communicating hole open toward communication 30, fig. 3 of Kim)
wherein the horizontal exhaust path horizontally extends from a side of the first vertical exhaust path (exhaust passage 2 horizontally extends from side of combustion chamber 4, fig. 1 of Kim), the second vertical exhaust path vertically extends from a side of the horizontal exhaust path (communication 30 vertically extends from side of exhaust passage 2, fig. 1 of Kim)
Kim, as modified, does not teach
a horizontal portion comprising a flat top; and
an inclined portion extending downward in an inclined manner from an end of the horizontal portion
Won teaches
a horizontal portion comprising a flat top (shown on annotated fig. 4 below); and
an inclined portion extending downward in an inclined manner from an end of the horizontal portion (shown on annotated fig. 4 below)
As shown on fig.4 of Kim, the side walls of opening and closing plate 20 are relatively shallow. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the central inclined portion of ash receiving part 5 to the opening and closing plate 20, in order to provide extra retaining area in the areas of the plate collecting the most matter (as shown on fig. 2 of Won, the area below combustion chamber 2; as shown on fig. 3 of Kim, the area below the upper communication hole of upper surface portion 11).
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Annotated fig. 4 of Won
Regarding claim 3, Kim, as modified, teaches the exhaust structure of claim 2,
wherein a distance, in a length direction of the exhaust structure, from a front end of the horizontal portion to a connection point between the horizontal portion and the inclined portion is equal to or less than a distance, in the length direction, from a front end of the supporting portion body to a front edge of the communicating hole (as shown on fig. 4 of Won, the front end (left side) of the horizontal portion abuts the connection point between the horizontal portion and inclined portion; therefore, the distance between these two points is zero; as shown on fig. 3 of Kim, the distance between the front end of the communication support 10 to a front edge of the communicating hole is approximately half the length of opening and closing plate 20; therefore, the distance between the front end of the communication support 10 to a front edge of the communicating hole is greater)
Regarding claim 8, Kim, as modified, teaches the exhaust structure of claim 1, wherein the receiving portion body comprises:
a horizontal portion comprising a flat top (side walls of opening and closing plate 20 comprise flat top as shown on fig. 4 of Kim)
Kim, as modified, does not teach
a portion protruding upwardly from a center portion, in a length direction of the exhaust structure, of the horizontal portion, and wherein , in a side view of the supporting portion, a center axis of the portion is coaxial with a center axis of the second vertical exhaust path
Won teaches
a portion protruding upwardly from a center portion, in a length direction of the exhaust structure, of the horizontal portion (fig. 4; ash receiving part 5 comprises portion protruding upwardly from a center of the sidewall)
As shown on fig.4 of Kim, the side walls of opening and closing plate 20 are relatively shallow. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the central inclined portion of ash receiving part 5 to the opening and closing plate 20, in order to provide extra retaining area in the areas of the plate collecting the most matter (as shown on fig. 2 of Won, the area below combustion chamber 2; as shown on fig. 3 of Kim, the area below the upper communication hole of upper surface portion 11).
The combination teaches
wherein, in a side view of the supporting portion, a center axis of the portion is coaxial with a center axis of the second vertical exhaust path (as shown on fig. 3 of Kim, a center of opening and closing plate 20 is coaxial with communication 30; therefore, since the center of the protruding portion of ash receiving part 5 of Won is located in the center of ash receiving part 5, as applied to Kim, the center of the protruding portion of Kim is also coaxial with a center axis of communication 30)
Regarding claim 9, Kim, as modified, teaches the exhaust structure of claim 2,
wherein a surface of the supporting portion body facing the horizontal exhaust path (upper surface portion 11 facing into exhaust passage 2, figs. 1-3 of Kim) includes the communicating hole (communicating hole of upper surface portion 11 as shown on fig. 3 of Kim), and a cross-sectional area of the communicating hole is less than a cross-sectional area of the surface of the supporting portion body (cross-sectional area of communicating hole of upper surface portion 11 smaller than cross-sectional area of upper surface portion 11, fig. 3 of Kim)
Regarding claim 10, Kim teaches the exhaust structure of claim 1, wherein the receiving portion body comprises:
a horizontal portion comprising a flat top (side walls of opening and closing plate 20 comprise flat top as shown on fig. 4 of Kim)
Kim does not teach
a protruding portion protruding upward from a center portion of the horizontal portion, and wherein the protruding portion is spaced apart from the supporting portion in a length direction of the exhaust structure and has a step with respect to the horizontal portion
Won teaches
a protruding portion protruding upward from a center portion of the horizontal portion (fig. 4; ash receiving part 5 comprises portion protruding upwardly from a center of the sidewall)
wherein the protruding portion has a step with respect to the horizontal portion (as shown on fig. 4, protruding portion comprises step with respect to the lower walls of the horizontal portion)
As shown on fig.4 of Kim, the side walls of opening and closing plate 20 are relatively shallow. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the central inclined portion of ash receiving part 5 to the opening and closing plate 20, in order to provide extra retaining area in the areas of the plate collecting the most matter (as shown on fig. 2 of Won, the area below combustion chamber 2; as shown on fig. 3 of Kim, the area below the upper communication hole of upper surface portion 11).
The combination teaches
wherein the protruding portion is spaced apart from the supporting portion in a length direction of the exhaust structure (as applied to opening and closing plate 20, protruding portion of ash receiving part 5 of Won is spaced apart from the front surface of communication support 10 in a length direction of the exhaust structure, fig. 3-4 of Kim)
Claim(s) 11 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (KR101993209B1), referring to the English translation dated 09/30/2026, in view of Kato (JP2002295978A), referring to the English translation dated 09/30/2026, and Queenan (US462735A).
Regarding claim 11, Sung teaches
an electrode heat treatment device comprising a plurality of zones through which a material sequentially passes (fig. 1), wherein the plurality of zones comprises:
a pre-heating zone configured to pre-heat the material (“preheating zone 1 for conveying a material 9 using rollers 6 and preheating the material”) [0025];
a heating zone at a rear of the pre-heating zone and configured to heat the material to a set temperature (“heating zone 2 is formed to heat the material at a high temperature”) [0025];
a holding zone at a rear of the heating zone and configured to maintain a temperature corresponding to the heating zone (“holding zone 3, the temperature of the material is maintained at a temperature similar to that of the heating zone 2”) [0028]; and
a cooling zone at a rear of the holding zone and configured to cool the material (“cooling zone 4, the material is cooled using a low-temperature gas”) [0028]l,
wherein the electrode heat treatment device further comprises
an exhaust structure connected to at least one from among the plurality of zones (upper discharge pipe 11, fig. 1)
Sung does not teach
the exhaust structure comprises:
a wall portion defining a first vertical exhaust path, a horizontal exhaust path, and a second vertical exhaust path, which communicate with one another;
a supporting portion comprising a supporting portion body that is configured to be inserted into or removed from the horizontal exhaust path; and
a receiving portion configured to be inserted into or removed from the supporting portion, and wherein the receiving portion comprises a receiving portion body that does not directly contact the wall portion due to the supporting portion body
Kato teaches
the exhaust structure (fig. 1-4) comprises:
a wall portion (upper wall 16) defining a first vertical exhaust path (lead-out hole 20, fig. 3), a horizontal exhaust path (horizontal path 22, fig. 3), and a second vertical exhaust path (outlet 30, fig. 3), which communicate with one another (fig. 3);
Sung teaches upper discharge pipe 11, but does not teach further structure of the exhaust system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the exhaust structure of roller hearth kiln 10 of Kato to Sung, since this structure comprises cleaning hole 24, wherein “It is possible to perform cleaning to remove the foreign matter or adhered matter. Therefore, it is not necessary to stop the operation of the roller hearth kiln 10 for a long time for cleaning the flue 28, and a large loss due to the stop does not occur” [0015 of Kato].
Queenan teaches
the exhaust structure (fig. 1-4) comprises:
a supporting portion comprising a supporting portion body (thimble 8) that is configured to be inserted into or removed from the horizontal exhaust path (“the thimble can be inserted and readily secured in place by bending the end edges against the chimney or flue”) [page 1 lines 54-56]; and
a receiving portion configured to be inserted into or removed from the supporting portion (soot pan 1), and wherein the receiving portion comprises a receiving portion body that does not directly contact the wall portion due to the supporting portion body (fig. 1, thimble 8 between wall portion and bottom 4 and sides 5 of soot pan 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the soot pan 1 system of Queenan to the cleaning hole 24 of Kato, as applied to Sung, in order to allow for easier removal of foreign matter from the exhaust system by providing a collection pan that can be inserted and replaced into the system to collect the foreign matter.
Regarding claim 14, Sung, as modified, teaches the electrode heat treatment device of claim 11,
wherein a length of the horizontal exhaust path is greater than or equal to a length of the supporting portion body and a length of the receiving portion body (as shown on fig. 3 of Kato, length of horizontal path 22 greater than length of cleaning hole 24; thus as modified by Queenan, length of the horizontal path 22 is greater than a length of the thimble 8 and a length of the soot pan 1)
Regarding claim 15, Sung, as modified, teaches the electrode heat treatment device of claim 11,
wherein the supporting portion comprises a supporting portion flange on a front surface of the supporting portion body and contacting an outer surface of the wall portion corresponding to the horizontal exhaust path while the supporting portion body is inserted into the horizontal exhaust path (edges 9 of thimble 8, fig. 1 of Queenan), and
wherein the receiving portion comprises a receiving portion flange on a front surface of the receiving portion body and contacting an outer surface of the supporting portion flange while the receiving portion body is inserted into the supporting portion body (outer face 6 of soot pan 1 contacting edges 9 of thimble 8, fig. 1 of Queenan)
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (KR101993209B1), referring to the English translation dated 09/30/2026, in view of Kato (JP2002295978A), referring to the English translation dated 09/30/2026, and Queenan (US462735A), in further view of Kim (KR20150074601A), referring to the English translation dated 09/30/2026.
Regarding claim 12, Sung, as modified, teaches the electrode heat treatment device of claim 11, wherein the receiving portion body comprises:
a horizontal portion comprising a flat top (horizontal portion of sides 5 of soot pan 1 of Queenan, fig. 1-2; flat top of sides 5 shown on fig. 2 of Queenan); and
an inclined portion extending downward in an inclined manner from an end of the horizontal portion (inner ends 7, fig. 2 of Queenan),
wherein the horizontal exhaust path horizontally extends from a side of the first vertical exhaust path (horizontal path 22 horizontally extends from side of lead-out hole 20, fig. 3 of Kato), the second vertical exhaust path vertically extends from a side of the horizontal exhaust path (outlet 30 vertically extends from side of horizontal path 22, fig. 3 of Kato)
Sung, as modified, does not teach
the supporting portion body comprises a communicating hole that is open towards the second vertical exhaust path
Kim teaches
the supporting portion body comprises a communicating hole that is open towards the second vertical exhaust path (upper surface portion 11 of communication support 10 comprises a communicating hole open toward communication 30, fig. 3)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the upper surface portion 11 of communication support 10 comprising a communicating hole of Kim to Sung, as modified, in order to provide only a small area for gas to escape and thus block foreign matter from entering the second vertical exhaust path, thus increasing the amount that accumulates in the collection pan for removal.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (KR101993209B1), referring to the English translation dated 09/30/2026, in view of Kato (JP2002295978A), referring to the English translation dated 09/30/2026, and Queenan (US462735A), in further view of Park (KR102141317B1), referring to the English translation dated 09/30/2026.
Regarding claim 16, Sung, as modified, does not teach the electrode heat treatment device of claim 11,wherein the wall portion comprises:
a buffering zone above the horizontal exhaust path on a top of the first vertical exhaust path; and
a reinforcing member on one or more inner surfaces of the buffering zone
Park teaches
a buffering zone above the horizontal exhaust path on a top of the first vertical exhaust path (opening pipe 23 above horizontal flue part 22 on a top of exhaust port 11, fig. 1); and
a reinforcing member on one or more inner surfaces of the buffering zone (opening/closing plate 24 comprising inner surface forming top wall of opening pipe 23, reinforced by bolt (“An opening/closing plate 24 is fixedly installed with a fastening member such as a bolt to the opening pipe 23”) [0037])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the opening pipe 23 and opening/closing plate 24 structure of Park to Sung, as modified (specifically to horizontal path 22 of Kato, as applied to Sung), in order to provide another access point to clean the exhaust system (“It is possible to conveniently clean and maintain the inside of the exhaust port 11 and the communication 20” [0037 of Park]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (KR101993209B1), referring to the English translation dated 09/30/2026, in view of Kato (JP2002295978A), referring to the English translation dated 09/30/2026, and Queenan (US462735A), in further view of Bast (US20070089733A1).
Regarding claim 17, Sung, as modified, does not teach the electrode heat treatment device of claim 11,
wherein the wall portion further comprises an inclined surface extending downwards in an inclined manner from a rear end of the horizontal exhaust path
Bast teaches
wherein the wall portion further comprises an inclined surface extending downwards in an inclined manner from a rear end of the horizontal exhaust path (inclined surface as shown on the rear end of second passage 43 (left side of fig. 1))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inclined surface of second passage 43 of Bast to Sung, as modified (specifically to horizontal path 22 of Kato, as applied to Sung), in order to guide the exhaust flow towards the outlet and prevent matter buildup at the top of the first vertical exhaust path.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (KR101993209B1), referring to the English translation dated 09/30/2026, in view of Kim (KR20150074601A), referring to the English translation dated 09/30/2026, and Kato (JP2002295978A), referring to the English translation dated 09/30/2026.
Regarding claim 11, Sung teaches
an electrode heat treatment device comprising a plurality of zones through which a material sequentially passes (fig. 1), wherein the plurality of zones comprises:
a pre-heating zone configured to pre-heat the material (“preheating zone 1 for conveying a material 9 using rollers 6 and preheating the material”) [0025];
a heating zone at a rear of the pre-heating zone and configured to heat the material to a set temperature (“heating zone 2 is formed to heat the material at a high temperature”) [0025];
a holding zone at a rear of the heating zone and configured to maintain a temperature corresponding to the heating zone (“holding zone 3, the temperature of the material is maintained at a temperature similar to that of the heating zone 2”) [0028]; and
a cooling zone at a rear of the holding zone and configured to cool the material (“cooling zone 4, the material is cooled using a low-temperature gas”) [0028]l,
wherein the electrode heat treatment device further comprises
an exhaust structure connected to at least one from among the plurality of zones (upper discharge pipe 11, fig. 1)
Sung does not teach
the exhaust structure comprises:
a wall portion defining a first vertical exhaust path, a horizontal exhaust path, and a second vertical exhaust path, which communicate with one another;
a supporting portion comprising a supporting portion body that is configured to be inserted into or removed from the horizontal exhaust path; and
a receiving portion configured to be inserted into or removed from the supporting portion, and wherein the receiving portion comprises a receiving portion body that does not directly contact the wall portion due to the supporting portion body
Kim teaches
the exhaust structure (fig. 1) comprises:
a first vertical exhaust path (above combustion chamber 4, fig. 1), a horizontal exhaust path (exhaust passage 2), and a second vertical exhaust path (communication 30), which communicate with one another (fig. 1)
a supporting portion comprising a supporting portion body (communication support 10); and
a receiving portion configured to be inserted into or removed from the supporting portion (opening and closing plate 20)
Sung teaches upper discharge pipe 11, but does not teach further structure of the exhaust system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the exhaust structure of boiler 1 of Kim to Sung, since this structure comprises opening and closing plate 20, thus to “prevent clogging and to make the cleaning of the exhaust portion very easy” [0008 of Kim].
While Kim, as applied to Sung, discloses the claimed invention except for “a supporting portion comprising a supporting portion body that is configured to be inserted into or removed from the horizontal exhaust path”, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make communication support 10 removable from from exhaust passage 2, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. (In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)).
Kato teaches
the exhaust structure (fig. 1-4) comprises:
a wall portion (upper wall 16) defining a first vertical exhaust path (lead-out hole 20, fig. 3), a horizontal exhaust path (horizontal path 22, fig. 3), and a second vertical exhaust path (outlet 30, fig. 3), which communicate with one another (fig. 3);
While Kim, as applied to Sung, teaches a first vertical exhaust path, a horizontal exhaust path, and a second vertical exhaust path, which communicate with one another, each of these paths isn’t defined by a wall portion. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the wall structure of upper wall 16 of Kato (defining each of lead-out hole 20, horizontal path 22, and outlet 30), to Sung, as modified, since “Further, in the present embodiment, the flue 28 is formed on the upper wall 16 with a predetermined length in the longitudinal direction of the roller hearth kiln 10 from an inorganic refractory similar to the furnace wall of the roller hearth kiln 10, for example, refractory brick. From this, high-temperature exhaust gas of, for example, about 1400 to 1600° C. is discharged from the inside of the furnace, heat can be recovered into the furnace in the discharge process, and the exhaust duct 32 made of metal is cooled after the temperature becomes relatively low. It can be used and discharged” [0017 of Kato].
The combination teaches
wherein the receiving portion comprises a receiving portion body that does not directly contact the wall portion due to the supporting portion body (wherein the communication support 10 of Kim, as applied to Sung, is further defined by a furnace wall (as modified by Kato), opening and closing plate 20 does not contact the wall portion due to side portion 12, locking jaws 13 of communication support 10, fig. 2-4 of Kim)
Claim(s) 12-13 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (KR101993209B1), referring to the English translation dated 09/30/2026, in view of Kim (KR20150074601A), referring to the English translation dated 09/30/2026, and Kato (JP2002295978A), referring to the English translation dated 09/30/2026, in further view of Won (KR101238954B1), referring to the English translation dated 09/30/2026.
Regarding claim 12, Sung, as modified, teaches the electrode heat treatment device of claim 11, wherein the receiving portion body comprises:
the supporting portion body comprises a communicating hole that is open towards the second vertical exhaust path (upper surface portion 11 of communication support 10 comprises a communicating hole open toward communication 30, fig. 3 of Kim)
wherein the horizontal exhaust path horizontally extends from a side of the first vertical exhaust path (exhaust passage 2 horizontally extends from side of combustion chamber 4, fig. 1 of Kim), the second vertical exhaust path vertically extends from a side of the horizontal exhaust path (communication 30 vertically extends from side of exhaust passage 2, fig. 1 of Kim)
Sung, as modified, does not teach
a horizontal portion comprising a flat top; and
an inclined portion extending downward in an inclined manner from an end of the horizontal portion
Won teaches
a horizontal portion comprising a flat top (shown on annotated fig. 4 above); and
an inclined portion extending downward in an inclined manner from an end of the horizontal portion (shown on annotated fig. 4 above)
As shown on fig.4 of Kim, the side walls of opening and closing plate 20 are relatively shallow. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the central inclined portion of ash receiving part 5 to the opening and closing plate 20, in order to provide extra retaining area in the areas of the plate collecting the most matter (as shown on fig. 2 of Won, the area below combustion chamber 2; as shown on fig. 3 of Kim, the area below the upper communication hole of upper surface portion 11).
Regarding claim 13, Sung, as modified, teaches the electrode heat treatment device of claim 12,
wherein a distance, in a length direction of the exhaust structure, from a front end of the horizontal portion to a connection point between the horizontal portion and the inclined portion is equal to or less than a distance, in the length direction, from a front end of the supporting portion body to a front edge of the communicating hole (as shown on fig. 4 of Won, the front end (left side) of the horizontal portion abuts the connection point between the horizontal portion and inclined portion; therefore, the distance between these two points is zero; as shown on fig. 3 of Kim, the distance between the front end of the communication support 10 to a front edge of the communicating hole is approximately half the length of opening and closing plate 20; therefore, the distance between the front end of the communication support 10 to a front edge of the communicating hole is greater)
Regarding claim 18, Sung, as modified, teaches the electrode heat treatment device of claim 11, wherein the receiving portion body comprises:
a horizontal portion comprising a flat top (side walls of opening and closing plate 20 comprise flat top as shown on fig. 4 of Kim)
Sung, as modified, does not teach
a portion protruding upwardly from a center portion, in a length direction of the exhaust structure, of the horizontal portion, and wherein , in a side view of the supporting portion, a center axis of the portion is coaxial with a center axis of the second vertical exhaust path
Won teaches
a portion protruding upwardly from a center portion, in a length direction of the exhaust structure, of the horizontal portion (fig. 4; ash receiving part 5 comprises portion protruding upwardly from a center of the sidewall)
As shown on fig.4 of Kim, the side walls of opening and closing plate 20 are relatively shallow. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the central inclined portion of ash receiving part 5 to the opening and closing plate 20, in order to provide extra retaining area in the areas of the plate collecting the most matter (as shown on fig. 2 of Won, the area below combustion chamber 2; as shown on fig. 3 of Kim, the area below the upper communication hole of upper surface portion 11).
The combination teaches
wherein, in a side view of the supporting portion, a center axis of the portion is coaxial with a center axis of the second vertical exhaust path (as shown on fig. 3 of Kim, a center of opening and closing plate 20 is coaxial with communication 30; therefore, since the center of the protruding portion of ash receiving part 5 of Won is located in the center of ash receiving part 5, as applied to Kim, the center of the protruding portion of Kim is also coaxial with a center axis of communication 30)
Regarding claim 19, Sung, as modified, teaches the electrode heat treatment device of claim 12,
wherein a surface of the supporting portion body facing the horizontal exhaust path (upper surface portion 11 facing into exhaust passage 2, figs. 1-3 of Kim) includes the communicating hole (communicating hole of upper surface portion 11 as shown on fig. 3 of Kim), and a cross-sectional area of the communicating hole is less than a cross-sectional area of the surface of the supporting portion body (cross-sectional area of communicating hole of upper surface portion 11 smaller than cross-sectional area of upper surface portion 11, fig. 3 of Kim)
Conclusion
The prior art of record not relied upon includes:
Lee (KR200324846Y1), which teach a similar exhaust structure to that claimed
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/BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
