Prosecution Insights
Last updated: October 21, 2026
Application No. 18/955,314

ASPHALT TANK VAPOR CONDENSER

Non-Final OA §102§103
Filed
Nov 21, 2024
Examiner
RUPPERT, ERIC S
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Gencor Industries Inc.
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
10m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
474 granted / 789 resolved
-9.9% vs TC avg
Strong +24% interview lift
Without
With
+23.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
48 currently pending
Career history
837
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
29.1%
-10.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 789 resolved cases

Office Action

§102 §103
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 . Election/Restrictions After further consideration, the restriction requirement dated 6/04/2026 is hereby withdrawn, and thus Applicant’s response is considered moot. Claim Objections Applicant is advised that should claim 6 be found allowable, claim 15 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). 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. Claim(s) 1-3, 6-7, 9, 12, 15-16 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Lu (CN107233778A). Regarding claim 1, Lu discloses a vapor condenser (see Fig. 1-2) for an asphalt tank (asphalt tank 1) comprising: an inlet passage (port 10); a plurality of centrally positioned core tubes (center ones of condensing pipes with fins 3); a plurality of outer tubes (outer ones of condensing pipes with fins 3) disposed surrounding the core tubes; a lower compartment (shell 20) disposed between the inlet passage and the core and outer tubes, the lower compartment being configured to distribute fumes from the inlet passage into the core and outer tubes; and an upper compartment (cover 6) disposed at distal ends of the core and outer tubes, the upper compartment including a condenser lid (see lid, unlabeled of cover 6) and an outlet passage (one of outlets 60) between the distal ends of the core and outer tubes and the condenser lid. Regarding claim 2, Lu discloses the limitations of claim 1, and Lu further discloses the lower compartment is configured to distribute more fumes to the outer tubes than to the core tubes (see airflow denoted by arrows, via smoke passage 21). Regarding claim 3, Lu discloses the limitations of claim 2, and Lu further discloses wherein the lower compartment comprises a restricted orifice (see orifice in baffle 26) in fluid communication with the inlet passage (10). Regarding claim 6, Lu discloses the limitations of claim 1, and Lu further discloses wherein the core and outer tubes comprise fin tubes (condensing pipes with fins 3). Regarding claim 7, Lu discloses the limitations of claim 6, and Lu further discloses wherein the fin tubes comprise exterior fins (condensing pipes with fins 3). Regarding claim 9, Lu discloses the limitations of claim 6, and Lu further discloses wherein the condenser lid (see top of cover 6) extends radially outward of the outlet passage (60) such that the outlet passage and the condenser lid define a flow turn. Regarding claim 12, Lu discloses a vapor condenser (see Fig. 1-2) for an asphalt tank (asphalt tank 1) comprising: an inlet passage (port 10); a plurality of centrally positioned core tubes (center ones of condensing pipes with fins 3); a plurality of outer tubes (outer ones of condensing pipes with fins 3) disposed surrounding the core tubes; a lower compartment (shell 20) disposed between the inlet passage and the core and outer tubes, the lower compartment including a restricted orifice (see opening in baffle 26) that is configured to distribute fumes from the inlet passage into the core and outer tubes, wherein the restricted orifice distributes more of the fumes to the outer tubes than to the core tubes (see airflow denoted by arrows); and an upper compartment (cover 6) disposed at distal ends of the core and outer tubes, the upper compartment including a condenser lid an outlet passage (60) between the distal ends of the core and outer tubes and the condenser lid, wherein the condenser lid (top of 6) extends radially outward of the outlet passage such that the outlet passage and the condenser lid define a flow turn (see right angle turn of flow). Regarding claim 15, Lu teaches the limitations of claim 1, and Lu further discloses wherein the core and outer tubes comprise fin tubes (3). Regarding claim 16, Lu teaches the limitations of claim 15, and Lu further discloses wherein the fin tubes comprise exterior fins (3). 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. Claim(s) 4-5, 13-14, 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (CN107233778A) in view of Komissarov (RU2160421C). Regarding claims 4-5/13-14, Lu teaches the limitations of claim 1/12, and Lu does not teach at least some of the core tubes and the outer tubes comprise internal turbulators, wherein the at least some of the core tubes and the outer tubes comprise a central shaft, and wherein the internal turbulators comprise disks secured along the central shaft. Komissarov teaches at least some of the tubes (pipes 3) comprise internal turbulators (insert 4), wherein the at least some of the core tubes and the outer tubes comprise a central shaft (rod 7), and wherein the internal turbulators comprise disks (disks of 4) secured along the central shaft. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lu to include the turbulators of Komissarov, in order to improve heat transfer (abstract). Regarding claim 18, Lu teaches a method of condensing vapors (via asphalt smoke condensing system of Fig. 1-2) from an asphalt tank (1) with a vapor condenser that includes an inlet passage (10), a plurality of centrally positioned core tubes (center ones of 3), a plurality of outer tubes (outer ones of 3) disposed surrounding the core tubes, a lower compartment (20) disposed between the inlet passage and the core and outer tubes, and an upper compartment (6) disposed at distal ends of the core and outer tubes, the method comprising: (a) distributing fumes (see airflow denoted by arrows) from the inlet passage into the core and outer tubes; (c) cooling the fumes as the fumes flow upward through the core and outer tubes (via condensing pipes with fins 3) to distal ends of the core and outer tubes; (d) condensing vapors from the fumes; and (e) directing the fumes to an outlet passage (60) between the distal ends of the core and outer tubes and a condenser lid (top of 6). Lu does not teach (b) creating turbulence of the fumes inside the core and outer tubes. Komissarov teaches creating turbulence of the fumes inside the core and outer tubes (via inserts 4). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lu to include the turbulators of Komissarov, in order to improve heat transfer (abstract). Regarding claim 19, Lu teaches the limitations of claim 18, and Lu further teaches wherein step (a) is practiced by distributing more of the fumes to the outer tubes than to the core tubes (see airflow denoted by arrows, via 21 & 25). Claim(s) 8, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (CN107233778A) in view of Isobe (JPH11325792A). Regarding claim 8/17, Lu teaches the limitations of claim 7/16, and Lu does not teach the exterior fins are coated with a metallic paint. Isobe teaches the exterior fins are coated with a metallic paint (film 5). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lu to include the metallic paint of Isobe, in order to improve corrosion resistance (see abstract). Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (CN107233778A) in view of Ma (CN217844798U). Regarding claim 10. Lu teaches the limitations of claim 1, and Lu does not teach the upper compartment comprises a drip ring that directs condensed liquids to a collection area (area into which condensed liquids flow into 2 via recycling holes 7). Ma teaches wherein the upper compartment comprises a drip ring (annular wall plate 2; Fig. 1-3) that directs condensed liquids to a collection area (area into which condensed liquids flow into 2 via recycling holes 7). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lu to include the drip ring of Ma, in order to reduce the content of asphalt discharged into the air (Page 5). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ERIC S RUPPERT/Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Nov 21, 2024
Application Filed
Aug 31, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
60%
Grant Probability
84%
With Interview (+23.9%)
2y 9m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 789 resolved cases by this examiner. Grant probability derived from career allowance rate.

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