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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1, 3 and 6-20 rejected on the ground of nonstatutory double patenting as being unpatentable over multiple claims of U.S. Patent Application No. 18/187637. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of 18/187637, with interpretation from the specification, are found to be the same as that of the claimed invention.
Current Application 19/038926
Application 18/187637
(Claim 1) A system for segregating a mixture of oxidizable catalyst material, grading material, and inert support media, comprising:
an enclosure configured to contain inert gas;
a plurality of stacked screens within the enclosure;
at least one mixture inlet in the enclosure positioned to enable delivery of the mixture to an uppermost stacked screen of the plurality of stacked screens;
and at least one inert support media outlet associated with at least one of the plurality of stacked screens, wherein the at least one inert support media outlet directs separated inert support media to a location outside the enclosure.
at least one motor capable of moving the plurality of stacked screens to cause the oxidizable catalyst material and the grading material to separate from and migrate to a location beneath the inert support media;
(Claim 1) A system for segregating a mixture of oxidizable catalyst material and inert support media (the mixture is also described to have grading material in the specification paragraph 002), the system comprising:
an enclosure configured to contain inert gas;
a plurality of stacked screens within the enclosure, the stacked screens having openings that decrease in size from a top of the stack to a bottom of the stack;
a mixture inlet in the enclosure positioned to enable delivery of the mixture to an uppermost stacked screen;
at least one inert support media outlet associated with at least one of the plurality of stacked screens, wherein the at least one inert support media outlet directs separated inert support media to a location out of the enclosure;
at least one motor for moving the stacked screens to cause the oxidizable catalyst material in the mixture to separate from and migrate to a location beneath the inert support media;
wherein the inert gas inlet is located in a lower portion of the enclosure to enable the inert gas to flow over the oxidizable catalyst material and exit the enclosure through a top portion of the enclosure.
(Claim 3) an oxidizable catalyst material outlet associated with at least another of the plurality of stacked screens, wherein the oxidizable catalyst material outlet directs separated oxidizable catalyst material out of the enclosure.
(Claim 1) a catalyst material outlet associated with at least another of the plurality of stacked screens, wherein the catalyst material outlet directs separated oxidizable catalyst material to a location outside the enclosure;
(Claim 6) an inert gas inlet associated with the enclosure for conveying the inert gas to the enclosure.
(Claim 1) and an inert gas inlet associated with the enclosure for permitting the inert gas to enter the enclosure to displace oxygen within the enclosure and thereby limit oxidation of the oxidizable catalyst material while the at least one motor moves the plurality of stacked screens
(Claim 7) wherein the inert gas inlet is located in a lower portion of the enclosure to enable the inert gas to flow over the oxidizable catalyst material and exit the enclosure through a top portion of the enclosure.
(Claim 1) wherein the inert gas inlet is located in a lower portion of the enclosure to enable the inert gas to flow over the oxidizable catalyst material and exit the enclosure through a top portion of the enclosure.
(Claim 8) a sensor for detecting a reduction of oxygen in the enclosure.
(Claim 4) a sensor for detecting a reduction of oxygen in the enclosure.
(Claim 9) a mixture conveyor for conveying the mixture to the at least one mixture inlet, wherein the mixture conveyor is in flow communication with the enclosure and is enclosed to contain the inert gas.
(Claim 5) a mixture conveyor for conveying the mixture to the mixture inlet, wherein the mixture conveyor is in flow communication with the enclosure and is enclosed to contain the inert gas.
(Claim 10) at least one flow bin associated with an end of the mixture conveyor for supplying the mixture to the mixture conveyor, wherein the mixture conveyor is sealingly engaged with the flow bin and the enclosure to contain the inert gas.
(Claim 6) at least one flow bin associated with an end of the mixture conveyor for supplying the mixture to the mixture conveyor, wherein the mixture conveyor is sealingly engaged with the flow bin and the enclosure to contain the inert gas.
(Claim 11) wherein the mixture conveyor includes a screw auger.
(Claim 7) wherein the mixture conveyor includes a screw auger.
(Claim 12) wherein the mixture conveyor includes a controllable inlet for permitting selective passage of the mixture while limiting loss of the inert gas.
(Claim 8) wherein the mixture conveyor includes a controllable inlet for permitting selective passage of the mixture while limiting loss of the inert gas.
(Claim 13) a regulator for at least periodically supplying additional inert gas to the enclosure to account for loss of the inert gas.
(Claim 9) a regulator for at least periodically supplying additional inert gas to the enclosure to account for loss of the inert gas.
(Claim 14) wherein the enclosure and plurality of stacked screens are configured as a portable unit for movement between industrial sites.
(Claim 13) wherein the enclosure and plurality of stacked screens are configured as a portable unit for movement between industrial sites.
(Claim 15) a grinder for grinding the separated oxidizable catalyst material into a powder.
(Claim 14) a grinder for grinding the separated oxidizable catalyst material into a powder.
(Claim 16) an observation window in an outer wall of the enclosure, and an illuminator within the enclosure to enable external observation of the mixture segregation.
(Claim 17) an observation window in an outer wall of the enclosure, and an illuminator within the enclosure to enable external observation of the mixture segregation.
(Claim 17) wherein the inert gas comprises, at least in part, nitrogen.
(Claim 18) wherein the inert gas tank contains nitrogen.
(Claim 18) a pressurized inert gas tank flow-connected to the enclosure.
(Claim 12) a pressurized inert gas tank flow-connected to the enclosure.
(Claim 19) an air lock associated with the inert support media outlet for limiting the inert gas from leaving the enclosure via the inert support media outlet.
(Claim 10) an air lock associated with the inert support media outlet for limiting the inert gas from leaving the enclosure via the inert support media outlet.
(Claim 20) an air lock associated with the oxidizable catalyst material outlet for limiting the inert gas from leaving the enclosure via the oxidizable catalyst material outlet.
(Claim 11) an air lock associated with the catalyst material outlet for limiting the inert gas from leaving the enclosure via the catalyst material outlet.
Allowable Subject Matter
Claim 1, and its dependent claims, would be allowable if the obviousness double patenting rejection is overcome. The closest prior art: The solid separator of Ross (US 11111743 B2) does not teach “at least one motor capable of moving the plurality of stacked screens to cause the oxidizable catalyst material and the grading material to separate from and migrate to a location beneath the inert support media; and at least one inert support media outlet associated with at least one of the plurality of stacked screens, wherein the at least one inert support media outlet directs separated inert support media to a location outside the enclosure.”
Conclusion
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/M.T.P./Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655