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.
Claim(s) 51-52, 56-58 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Satchwell et al. (US 2003/0228196).
With regards to claim 51, Satchwell et al. discloses A system for decontaminating contaminated solids from hydrocarbon compounds (abstract; paragraph 0053), the system comprising: at least one thermal hydrocarbon removal unit (paragraph 0061; “The thermal remediation unit 11 is shown to consist of three twin thermal screw conveyors configured in series shown as 12, 22, and 32 in FIG. 1”), which extends from a first edge (Figure 1; 10) to a second edge (Figure 1; the upper liner above 12), and comprises: an elongated inner tube (12), which defines an inner space (45) therein, the inner tube comprising a solids inlet opening (8) proximal to the first edge; a solids outlet opening (42, 54) proximal to the second edge; and a vapor outlet opening (76) positioned longitudinally between the first edge and the second edge; and a transportation means, disposed within the inner space of the elongated inner tube, and configured to transport solids in the direction from the first edge towards the second edge of the thermal hydrocarbon removal unit; at least one heating device (paragraph 0025 and 0036) configured to apply indirect heat to the inner space of the elongated inner tube; and a cooling unit (78) connected to the vapor outlet opening of the inner tube, through an outlet line, wherein the outlet line is oriented so that the cooling unit is positioned above the vapor outlet opening (figure 1-2).
As to claim 52, Satchwell et al. discloses wherein the at least one thermal hydrocarbon removal unit further comprises an elongated outer tube (64) extending circumferentially around the inner tube and is in thermal communication therewith, wherein the at least one heating device is configured to apply heat to the elongated outer tube, to indirectly heat the inner space of the elongated inner tube (paragraph 0071).
As to claim 56, Satchwell et al. discloses wherein the at least one thermal hydrocarbon removal unit is inclined, so that the second edge thereof is at a higher position relative to the first edge thereof (Figure 1; paragraph 0065).
As to claim 57-58, Satchwell et al. discloses wherein the at least one thermal hydrocarbon removal unit further comprises a liquid outlet (54 and 76) longitudinally positioned between the first edge of the thermal hydrocarbon removal unit and the vapor outlet opening (76) and wherein the liquid outlet is connected to a liquid container (82, 84) (figure 1-2).
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) 53-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Satchwell et al. (US 2003/0228196) alone.
As to claims 53-55, Satchwell does not discloses that the at least one thermal hydrocarbon removal unit is in the form of a double tube, which defines an intermediate space between the elongated inner tube and the elongated outer tube, wherein the at least one heating device is configured to produce a hot gas and to deliver the hot gas to the intermediate space. However, Satchwell uses thermal wrap electrical heating pad 64 for the same purpose (see FIG. 7, [0071]). It would have been obvious to the person skilled of the art would have considered using hot gas delivered to the intermediate space as an obvious alternative.
Allowable Subject Matter
Claim 59 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 60-70 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Satchwell et al. further discloses that the outlet line (FIG. 7; 76) is in the form of a bent tube, and comprises: a first section, which extends from the vapor outlet opening towards a line bending; and a second section which extends from the line bending (FIG. 7; 76) towards the cooling unit. However, Satchwell et al. does not teach or suggest that the second section has a diameter which is smaller than a diameter of the first section. The bigger diameter of the first section 13B, combined with the optional cooling of the first section 13B of outlet line 13, enables at least partial condensation of the vapor flowing therethrough mainly on the wall of first section 13B and thus at least partially forms the reflux stream which flows downward therethrough and enters into the inner space 4 of the inner tube 2. Since the second section 13C optionally transfers mainly vapors, it can have a smaller diameter relative to the first section 13B. Therefore, the subject-matter of claim 59. Furthermore, none of the prior art teach or suggest that the recirculated fluids flows through an annulus and washing the solids with the reflux stream and dissolves at least partially the contamination from the solids conveyed therethrough.
Conclusion
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/CARIB A OQUENDO/ Primary Examiner, Art Unit 3678
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