DETAILED ACTION
Claim 1 is pending and claims 2 and 3 have been cancelled.
This is in response to the amendment filed 3/23/2026.
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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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 ground for rejection, this action has been made Final.
Drawings
The drawing was received on 3/23/2026 and would have been accepted, however the following objection is provided.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second heat exchangers communicating with the fluid chamber, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 blower.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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
Applicant’s amendment overcomes the objections. The amendment to the specification has been entered.
Claim Objections
Applicant’s amendment overcomes the objection.
Claim Rejections - 35 USC § 112
Applicant’s amendment overcomes the rejection.
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 Rosenberg/ Huebler et al. (US 3509834).
Regarding claim 1, Rosenberg/Huebler et al. disclose a regenerative thermal oxidizer, comprising: a combustion chamber (13); first and second heat exchangers (16,34) in flow communication with said combustion chamber;
a valve housing (3) in flow communication with said first and second heat exchangers, said valve housing further comprising
a diverter blade subassembly (4,5,6,8,8’) within said valve housing, said diverter blade subassembly further comprising a pair of opposing diverter plates (the corrugated construction, col. 3, lns. 55-59, having opposing plates), said diverter blade subassembly rotatable (col.3, lns. 9-11) between defined positions to selectively direct process gas between said first and second heat exchangers, wherein
an inlet plenum (one of the small axial passages, col. 3,lns. 55-59) is defined between said diverter plates, said inlet plenum comprising a fluid-directing chamber that alternatively communicates with said first and second heat exchangers during said defined positions (col.3, lns. 20);
a purge fluid system (11,12) in fluid communication directly with said inlet plenum, wherein said purge fluid system comprises an evacuative assembly (12) configured to draw purge fluid from said inlet plenum between said diverter plates, wherein said purge fluid within said inlet plenum between said diverter plates is maintained at a negative pressure relative to said valve housing (col.8, lns. 16-18).
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Claim 1 is rejected under 35 U.S.C. 102a1 as being anticipated by Ahn et al. (US 6974318).
Regarding claim 1, Ahn et al. disclose a regenerative thermal oxidizer (110, Fig. 4,5), comprising: a combustion chamber (12); first and second heat exchangers (18,56) in flow communication with said combustion chamber;
a valve housing (42,see Fig. 2) in flow communication with said first and second heat exchangers, said valve housing further comprising
a diverter blade subassembly (130) within said valve housing, said diverter blade subassembly further comprising a pair of opposing diverter plates (opposing plates on both sides of openings 162), said diverter blade subassembly rotatable (col.8, lns. 28-53) between defined positions to selectively direct process gas between said first and second heat exchangers, wherein
an inlet plenum (one of the axial passages 162,see Fig. 5) is defined between said diverter plates, said inlet plenum comprising a fluid-directing chamber (between the plates shown on both sides of the openings 162) that alternatively communicates with said first and second heat exchangers during said defined positions (col.9, lns. 18-27);
a purge fluid system (21,54,64) in fluid communication directly with said inlet plenum, wherein said purge fluid system comprises an evacuative assembly (54,64) configured to draw purge fluid from said inlet plenum between said diverter plates, wherein said purge fluid within said inlet plenum between said diverter plates is maintained at a negative pressure relative to said valve housing (col.6, lns. 67-col.7,ln 2).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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