DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 5, 9-11, and 14-16 are objected to because of the following informalities:
In claim 5, “at least one” should be deleted (there is lack of antecedent basis in the claim for ‘at least one’ probe).
In claim 9, “bath temperature” should be changed to --temperature of the electrolytic bath-- in the last line (for consistent claim language with base claim 8).
In claim 10, “each of” should be deleted from line 3; and “bath temperature” should be changed to --temperature of the electrolytic bath-- in the last line (for consistent claim language with base claim 8).
In claim 11, --the-- should be added before “temperature” in line 2.
In claim 14, --electrolytic-- should be added before “bath” in lines 4 and 5; and “one of the” should be changed to --one-- in line 4.
In claim 15, --at least one-- should be added before “anode” at the end of line 1; “,” should be deleted from line 2; and --electrolytic-- should be added before “bath” in lines 2 and 3.
In claim 16, “one or more” should be deleted from line 1 (there is lack of antecedent basis in the claim for ‘one or more’ anodes).
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 4,450,063 to Johnston et al [hereinafter Johnston].
Referring to claim 1, Johnston discloses (figure; abstract; column 2, lines 17-29, 41-68; column 3, lines 38-42) an apparatus for determining a temperature of an electrolytic bath of an electrolytic cell during electrolytic production of a metal (aluminum), the apparatus comprising:
an electrode body (18);
a conductor pin (10) at least partially inserted in the electrode body (18) for providing electrical connection to the electrode body (18); and
a probe (20) configured to be inserted in the conductor pin (10) and to measure an inner temperature of the conductor pin (10) (column 3, lines 38-42), the probe (20) providing one or more probe readings and being operable when positioned at least partially below a bath-vapor interface (partially below the top surface of the bath) upon immersion of the electrode body (18) in the electrolytic bath;
wherein the temperature of the electrolytic bath is determined based on at least one of the one or more probe readings (column 3, lines 38-42); and
whereby, in use, the probe (20) is protected from corrosion by at least the conductor pin (10) during the electrolytic production of the metal (thermocouple (20) is covered by the conductor pin (10)).
Referring to claim 2, Johnston discloses the conductor pin (10) being inserted into the electrode body (18) through an inner hole extending thereinside (interior of tune (18)) (figure; column 3, lines 43-45).
Referring to claim 3, Johnston discloses the probe (20) being inserted into the conductor pin (10) through a bore (opening) extending thereinside (figure; column 3, lines 39-42).
Referring to claim 4, Johnston discloses a gap formed between the conductor pin (10) and the electrode body (18), the gap being configured for containing a conductive material (12) (figure; column 2, lines 54-56, 66-68).
Referring to claim 5, Johnston discloses that the probe (20) is a thermocouple (column 3, lines 38-42).
Referring to claim 6, Johnston discloses the electrode body (18) and the conductive pin (10) forming an inert anode (column 1, lines 22-27; column 2, lines 54-57).
Referring to claim 7, Johnston discloses that the metal to be produced is aluminum (column 1, lines 6-12; column 2, lines 19-30).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8-10 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Johnston in view of U.S. Patent 3,969,213 to Yamamoto et al [hereinafter Yamamoto].
Referring to claim 8, Johnston discloses (figure; abstract; column 2, lines 17-29, 41-68; column 3, lines 38-42) a method for determining a temperature of an electrolytic bath of an electrolytic cell during electrolytic production of a metal (aluminum) (column 3, lines 38-42), the electrolytic cell comprising an electrolytic bath and an electrode, the method comprising:
immersing the electrode into the electrolytic bath, wherein the electrode is an apparatus for determining the temperature of the electrolytic bath (figure; abstract; column 2, lines 17-29, 41-68; column 3, lines 38-42) comprising:
an electrode body (18),
a conductor pin (10) at least partially inserted thereinto for providing electrical connection to the electrode body (18), and
a probe (20) inserted in the conductor pin (10), the probe (20) being configured for providing one or more probe readings of an inner temperature of the conductor pin (10) (column 7, lines 7-16), wherein at least a portion of the probe (20) is positioned below a bath-vapor interface (partially below the top surface of the bath);
receiving the one or more probe readings from the probe (20); and
determining the temperature of the electrolytic bath based on the one or more probe readings during the electrolytic production of the metal (column 6, lines 8-14; column 8, lines 10-38);
the probe (20) being protected from corrosion by at least the conductor pin (10) during electrolytic production of the metal (thermocouple (20) is covered by the conductor pin (10)).
Johnston does not disclose there being at least two electrodes, immersing the at least two electrodes into the electrolyte bath, and at least one of the at least two electrodes being an apparatus as described above (i.e., an electrode body (18), a conductor pin (10) at least partially inserted thereinto for providing electrical connection to the electrode body (18), and a probe (20) inserted in the conductor pin (10), the probe (20) being configured for providing one or more probe readings of an inner temperature of the conductor pin (10) (column 7, lines 7-16), wherein at least a portion of the probe (20) is positioned below a bath-vapor interface (partially below the top surface of the bath).
However, Yamamoto discloses column 1, lines 52-63; column 4, lines 13-15, 58-61) an electrolyte bath for electrolytic production of a metal (aluminum), where it is desirable to determine a temperature distribution (profile) of the electrolyte bath in order to permit a more stable and efficient operation of the electrolyte bath.
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 electrolyte bath of Johnston with at least two of his electrodes, immersing the at least two electrodes into the electrolyte bath, and have at least one of the at least two electrodes be an apparatus as described above (i.e., an electrode body (18), a conductor pin (10) at least partially inserted thereinto for providing electrical connection to the electrode body (18), and a probe (20) inserted in the conductor pin (10), the probe (20) being configured for providing one or more probe readings of an inner temperature of the conductor pin (10) (column 7, lines 7-16), wherein at least a portion of the probe (20) is positioned below a bath-vapor interface (partially below the top surface of the bath)) in order to determine a temperature distribution (profile) of the electrolyte bath in order to permit a more stable and efficient operation of the electrolyte bath, as suggested by Yamamoto.
Referring to claim 9, Johnston in view of Yamamoto disclose a method having all of the limitations of claim 9, as stated above with respect to claim 8, wherein, in Johnston in view of Yamamoto stated above, the electrolytic cell has at least two of the electrodes. Therefore, Johnston in view of Yamamoto disclose that the electrolytic cell comprises a plurality of electrodes among which more than one electrode is an apparatus for determining the temperature of the electrolytic bath, the method comprising receiving one or more probe readings from each of the apparatuses for determining the bath temperature.
Referring to claim 10, Johnston in view of Yamamoto disclose a method having all of the limitations of claim 10, as stated above with respect to claim 9, wherein, in Johnston in view of Yamamoto stated above, the one or more probe readings are converted into a temperature distribution (profile) of the electrolytic bath based on a position of each of each of the apparatuses for determining the bath temperature (there are at least two apparatuses each with an electrode in order to determine the temperature distribution (profile)).
Referring to claim 14, Johnston discloses (figure; abstract; column 2, lines 17-29, 41-68; column 3, lines 38-42) an electrolytic cell for electrolytic production of a metal, the electrolytic cell comprising an electrolytic bath, at least one anode assembly comprising a vertically aligned anode (10) configured to be plunged into the electrolytic bath, and at least one cathode (12) within the bath, wherein the anode (10) of the anode assembly is the apparatus for measuring the temperature of the bath as defined in claim 1 (as stated above with respect to claim 1).
Johnston does not disclose there being a plurality of the vertically aligned anodes.
However, Yamamoto discloses column 1, lines 52-63; column 4, lines 13-15, 58-61) an electrolyte bath for electrolytic production of a metal (aluminum), where it is desirable to determine a temperature distribution (profile) of the electrolyte bath in order to permit a more stable and efficient operation of the electrolyte bath.
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 electrolyte bath of Johnston with a plurality of the vertically aligned anodes (a plurality of the apparatuses oof claim 1) in order to determine a temperature distribution (profile) of the electrolyte bath to permit a more stable and efficient operation of the electrolyte bath, as suggested by Yamamoto.
Referring to claim 15, Johnston in view of Yamamoto disclose a cell having all of the limitations of claim 15, as stated above with respect to claim 14, wherein, in Johnston in view of Yamamoto stated above, there is more than one anode of the anode assembly that consists in the apparatus to measure the temperature of the bath (there are one or more anodes to provide one or more probe readings that are converted into a temperature distribution (profile) of the electrolytic bath based on a position of each of each of the apparatuses for determining the bath temperature) in order to evaluate the temperature distribution (profile) in the bath.
Referring to claim 16, Johnston in view of Yamamoto disclose a cell having all of the limitations of claim 16, as stated above with respect to claim 14, wherein Johnston discloses the one or more anodes being inert (column 1, lines 22-27; column 2, lines 54-57); and discloses that the metal to be produced is aluminum (column 1, lines 6-12; column 2, lines 19-30).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Johnston in view of Yamamoto, as stated above with respect to claim 8, and further in view of U.S. Patent 6,065,867 to Sulmont et al [hereinafter Sulmont].
Referring to claim 11, Johnston in view of Yamamoto disclose a method having all of the limitations of claim 11, as stated above with respect to claim 8, except for Johnston disclosing using the one or more probe readings as an input of a control system for controlling temperature of the electrolytic bath.
However, Sulmont discloses determining the temperature of an electrolytic bath (abstract; column 3, lines 19-35; column 5, lines 7-19, 64-65; column 7, lines 7-16), using a temperature sensing probe that provides temperature probe readings as an input to a control system for controlling the temperature of the electronic bath (the controller maintains the temperature of the bath at an initial temperature so that a thermal equilibrium of the bath is reached) in order to provide more accurate measurement of the temperature of the electronic bath (column 3, lines 4-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the one or more probe readings of Johnston in view of Yamamoto as an input of a control system for controlling temperature of the electrolytic bath, as suggested by Sulmont, in order to provide more accurate measurement of the temperature of the electronic bath.
Referring to claim 12, Johnston in view of Yamamoto disclose a method having all of the limitations of claim 12, as stated above with respect to claim 8, except for Johnston disclosing calibrating the probe prior to determining the temperature of the electrolytic bath.
However, Sulmont discloses determining the temperature of an electrolytic bath (abstract; column 3, lines 19-35; column 5, lines 7-19, 64-65; column 7, lines 7-16), using a temperature sensing probe that provides temperature probe readings, wherein the temperature probe readings are obtained with correctly calibrated temperature probes (column 5, lines 13-18) in order to obtain more precise measurements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Johnston in view of Yamamoto by calibrating the probe prior to determining the temperature of the electrolytic bath, as suggested by Sulmont, in order to obtain more precise measurements.
Referring to claim 13, Johnston in view of Yamamoto disclose a method having all of the limitations of claim 13, as stated above with respect to claim 8, except for Johnston disclosing the one or more probe readings from the probe being received periodically, and that the determining of the temperature of the electrolytic bath based on the one or more probe readings is repeated upon each reception of the one or more probe readings.
However, Sulmont discloses determining the temperature of an electrolytic bath (abstract; column 3, lines 19-35; column 5, lines 7-19, 64-65; column 7, lines 7-16), using a temperature sensing probe that provides temperature probe readings, wherein the temperature probe readings are received periodically (column 3, lines 32-35; column 5, lines 56-63) and the determining of the temperature of the electrolytic bath based on the one or more probe readings is repeated upon each reception of the one or more probe readings (every 30 minutes to 48 hours) (column 5, lines 56-63) in order to increase the accuracy of the process.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Johnston in view of Yamamoto by periodically receiving the one or more probe readings from the probe, and repeating the determination of the temperature of the electrolytic bath based on the one or more probe readings upon each reception of the one or more probe readings, as suggested by Sulmont, order to increase the accuracy of the process.
Conclusion
The references made of record and not relied upon by the examiner (U.S. Patent Application Publication 2011/0083958 to Verstreken et al disclosing measuring the temperature in a cryolite melt; U.S. Patent Application Publication 2004/0168931 to Bonnardel et al disclosing an aluminum electrolyte cell with temperature sensing; and U.S. Patent Applications Publication 2012/0160667 to Yoshimoto et al disclosing an electrolyte bath with a temperature sensor) are considered pertinent to applicant's disclosure by disclosing the obtaining of a temperature measurement of an electrolytic bath.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
8/8/26
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