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
Claims 6 and 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/11/26.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 18, there is insufficient antecedent basis in the claims for “the inlet opening”. Should claim 18 depend from claim 14?
Regarding claim 19, it is not understood what is meant by “the gas outlet is situated between the first seal and the second seal”. Should this instead refer to --a gas outlet of a gas conduit--? (See gas conduit 151 having an outlet 153 located between the seals in Applicant’s FIG 10. Compare to gas outlet 42 of FIG 3 which is not located between the seals.)
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
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.
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.
Claim(s) 1-5, 7, 9 and 12 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Gehrlein (US 2023/0143497), which discloses:
1. A valve for a pyrolysis system, the valve configured for selectively opening and sealing a port of a retort chamber of the pyrolysis system (Gehrlein’s valve is so capable), the valve comprising:
a valve body (15) defining a discharge path (11);
a closure member (14) operable to open and close the discharge path, the closure member displaceable with respect to the valve body between an open position and a closed position along a displacement path transverse relative to the discharge path (para. 0065-0066);
a seal arrangement (20) between the valve body and the closure member (para. 0056, 0057);
an actuation mechanism (14b, 14c, 16, 17) operatively engaged to the closure member, the actuation mechanism configured to displace the closure member between the open position and the closed position along the displacement path (para. 0065-0066) and, in the closed position, to bias the closure member against the seal arrangement and/or the valve body in a direction along the discharge path (para. 0067, 0074); and
a gas conduit (12) fluidly connectable to a pneumatic system and configured for impinging pressurized air against a sealing area between the closure member and the valve body (para. 0083), the gas conduit having a gas inlet (through which argon is introduced into 12, para. 0083) fluidly upstream of a gas outlet (which is connected to 11), the gas outlet opened to the sealing area (para. 0068).
2. The valve of claim 1, wherein the actuation mechanism includes:
at least a first actuator (17) for causing a linear displacement of the closure member from the open position to the closed position along the displacement path, the first actuator coupled to the valve body at one end (via the motor bracket, FIG 1a and 1b) and to the closure member at an opposite end (FIGS 1a, 1b, and para. 0066); and
at least a pair of second actuators (14c, at 27a) configured to bias the closure member against the seal arrangement and/or the valve body in a direction along the discharge path (para. 0067).
3. The valve of claim 2, wherein the first actuator is part of a pair of first actuators (see the pair of elements 17 in FIG 1b), the pair of first actuators and the pair of second actuators are located on opposite sides of the closure member (there are four members 14c, two on each side; see the two members 17 located on opposite sides of closure member in FIG 1b), the pair of first actuators and the pair of second actuators mounted to the valve body (all components are mounted together, at least indirectly).
4. The valve of claim 2, wherein the first actuator extends longitudinally in a direction that is generally parallel to the displacement path (from left to right as shown in FIG 1b).
5. The valve of claim 1, wherein the actuation mechanism includes a plurality of rollers (17a) operatively engaged to the closure member, the plurality of rollers in rolling engagement with the closure member (via 17) as the closure member displaces with respect to the valve body between the open position and the closed position along the displacement path.
7. The valve of claim 2, wherein the closure member is suspended with respect to the valve body via the pair of second actuators, in the open position (as described at the end of para. 0066, before pressing occurs as described at para. 0067).
9. The valve of any one of claims 2, wherein the pair of second actuators are pivotally engaged to linkages (27b; see FIG 2a), the linkages pivotally mounted to the valve body (via 14b’) and having a pivot axis (into and out of the page, FIG 2a, through 14b’) normal to the displacement path, the pair of second actuators operable to pivot the linkages as the pair of second actuators are operated to bias the closure member against the seal arrangement and/or the valve body (para. 0074).
12. The valve of claim 2, wherein a ratio of elongation of the first actuator with respect to a displacement of the closure member along the displacement path from the open position to the closed position is 1:1 (the first actuator moves directly with the closure member).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gehrlein.
Gehrlein discloses the closure member to be in the form of a panel, but does not disclose the panel to define an opening therethrough, the opening aligned with an inlet opening of the valve body when the closure member is in the open position. However it was well-known in the art before the effective filing date to use a valve closure member in the form of a panel that defines an opening therethrough, the opening aligned with an inlet opening of the valve body when the closure member is in the open position (official notice), and it would have been obvious to use such a panel in Gehrlein’s valve in order to better seal around the flow path when the valve opens.
Claim(s) 13-15, 17, 18 and 20 (18 as understood) is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Truttenbach (DE 44 25 980 A1), which discloses:
13. A valve for a pyrolysis system, the valve configured for selectively opening and sealing a port of a retort chamber of the pyrolysis system (it is so capable), the valve comprising:
a valve body (14, 15) defining a discharge path (12);
a panel (20) operable to open and close the discharge path, the panel displaceable with respect to the valve body between an open position and a closed position along a displacement path transverse relative to the discharge path (it moves up and down to open and close, see FIG 1);
a seal arrangement (30) between the valve body and the panel, the seal arrangement including a scraper (33) frictionally engaging at least one of the panel and the valve body in a sealing area about the discharge path during the displacement of the panel between the closed position and the open position (inherent to described function as a “scraper”/“wiper”);
an actuation mechanism (18, 19, 20d, 20e, and the “rotary drive”) operatively engaged to the panel to actuate the panel between the open position and the closed position (“If the adjusting shaft 18 is rotated by means of the rotary drive (not shown) from the outside of the housing 15 via the coupling 19 , the end plate 20 can be moved vertically because of its displaceable but non-rotatable arrangement according to FIG. 1. In this way, either the section 20 a with the passage 20 b, which allows gas flow in the gate valve, or the section 20 c can be arranged between the two pipe sockets 13 and 14, the section between the pipe sockets 13 and 14 completely prevented. In a closed position, the end plate 20 lies with its portion 20 c on both sides of the ring seals 30 which prevent the escape of gas from the line or the pipe socket 13 and 14 .”); and
a gas conduit (13) fluidly connectable to a pressurized gas source (via 11) and configured for impinging pressurized gas against the sealing area to flush debris therefrom (it is capable of flowing gas toward the sealing area), the gas conduit having a gas inlet (11) fluidly upstream of a gas outlet (where 13 meets 20), the gas outlet opened to the sealing area (between 13 and 20).
14. The valve of claim 13, wherein the panel defines an opening (20b) therethrough, the opening aligned with an inlet opening (the upstream side of 14) of the valve body when the panel is in the open position (“In this way, either the section 20 a with the passage 20 b, which allows gas flow in the gate valve, or the section 20 c can be arranged between the two pipe sockets 13 and 14”).
15. The valve of claim 13, wherein the seal arrangement includes a first seal (32) interfacing between the valve body and the panel, wherein the first seal is annular and extends along a full periphery of the discharge path, the first seal compressible between the valve body and the panel (“On the end face of each pipe socket 13 or 14 , an annular groove 13 a or 14 a is formed, in which the ring seal 30 is inserted.”).
17. The valve of claim 15, wherein the first seal is located in a recess of the valve body (“On the end face of each pipe socket 13 or 14 , an annular groove 13 a or 14 a is formed, in which the ring seal 30 is inserted.”).
18. The valve of claim 15, wherein the sealing area has an annular shape, the sealing area extending outwardly from a periphery of the inlet opening to a radially outwardmost end of the first seal (the seal on the left side of FIG 1), the gas outlet is situated between the periphery of the inlet opening and the first seal (as understood, it is between these elements in a radial direction).
20. The valve of claim 13, wherein the scraper is biased towards the panel via a first seal (32) of the seal arrangement (due to the arrangement of FIG 2), the first seal interfacing between the valve body and the scraper (on the left side of FIG 2), the scraper including a ring (“scraper ring 33”) located in a recess of the valve body, the ring extending about an inlet opening of the valve body, the first seal compressible between the ring and the valve body (see the left side of FIG 2).
Claim(s) 16 and 19 (19 as understood) is/are rejected under 35 U.S.C. 103 as being unpatentable over Truttenbach.
Regarding claim 16, Truttenbach does not disclose wherein the seal arrangement includes a second seal closer to the discharge path than the first seal, the first seal and the second seal are concentric one with respect to the other. However such concentric arrangement of seals was well-known in the art before the effective filing date (official notice) and it would have been obvious to use such a seal arrangement in Truttenbach in order to ensure continued sealing in the event that a single seal fails.
Regarding claim 19, Truttenbach discloses wherein the gas outlet is situated between the first seal and the second seal (as understood, it would be located along the radial center of the two concentric seals, similar to Applicant’s element 42).
Allowable Subject Matter
Claim 10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gehrlein discloses a concentric sealing arrangement as recited in claim 16.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
10/14/26
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