DETAILED ACTION
Claim 1 is pending, claims 2 and 3 have been cancelled.
This is in response to the amendment filed 7/8/2026.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/8/2026 has been entered.
Response to Arguments
Applicants’ arguments, see pages filed 7/8/2026, with respect to the prior rejections have been fully considered and are persuasive. The 35 USC 102 rejections to claim 1 of the prior action have been withdrawn.
Applicant’s arguments with respect to claim(s) 1 has/have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Since applicant’s amendments necessitated the new grounds for rejection, this action has been made Non-Final.
Drawings
The drawings are objected to because, at least the numerals 21 and 27 in the drawings are pointing to different components than described in the specification (e.g. 27 is a “drive shaft” as disclosed in the system, however numeral 27 in several drawings, is pointing to a space between the plates).
Since the above objections are found, the previous objections to the drawings are maintained.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “44” has been used to designate both gear reducer and evacuative blower (a further change to the reference numerals in the specification is needed for the drawing corrections).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendments overcome the prior objections, and the amendments have been entered.
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 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 1 is rejected under 35 U.S.C. 102a1 as being anticipated by Houston (US 5529758).
Regarding claim 1, Houston discloses a regenerative thermal oxidizer, comprising: a combustion chamber (30); first and second heat exchangers (24,28) in flow communication with said combustion chamber;
a valve housing (160, see Fig. 3c,4) in flow communication with said first and second heat exchangers, said valve housing further comprising
a diverter blade subassembly (188,190,282,280, with rotor 322, see Fig. 10) within said valve housing, said diverter blade subassembly further comprising a pair of opposing diverter plates (188,190 opposing plates), said diverter blade subassembly rotatable (col.6, lns. 34-55) between defined positions to selectively direct process gas between said first and second heat exchangers, wherein
an inlet plenum (the inlet of 188/190 nearest 176, see Fig. 3C) is defined between said diverter plates, said inlet plenum comprising a fluid-directing chamber (the space between 188/190) that alternatively communicates with said first and second heat exchangers during said defined positions (see Fig. 3A-3C,col.7, lns. 12-col.9, lns.7);
an evacuative assembly (146,152, lines 150,154) in fluid communication directly with said inlet plenum, said evacuative assembly configured to draw fluid from said inlet plenum between said diverter plates, wherein said fluid within said inlet plenum between said diverter plates is maintained at a negative pressure relative to said valve housing (col.10, lns. 10-55),
wherein a fluid seal is formed across said diverter plates such that leakage of said process gas between flow paths is minimized (col.10, lns. 38-60).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Craig Price, whose telephone number is (571)272-2712 or via facsimile (571)273-2712. The examiner can normally be reached on Monday-Friday (8:00AM-4:30PM EST).
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, 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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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753
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