Prosecution Insights
Last updated: April 17, 2026
Application No. 19/061,095

APPARATUS AND METHOD FOR SEPARATING MATERIALS USING STRATIFICATION

Non-Final OA §103§112
Filed
Feb 24, 2025
Examiner
DEVINE, MOLLY K
Art Unit
3653
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
unknown
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
145 granted / 216 resolved
+15.1% vs TC avg
Strong +33% interview lift
Without
With
+33.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
42 currently pending
Career history
258
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
51.6%
+11.6% vs TC avg
§102
18.3%
-21.7% vs TC avg
§112
26.9%
-13.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 216 resolved cases

Office Action

§103 §112
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 . Priority Applicant’s claim for the benefit of prior-filed application 16/465,522 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Drawings 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 movable gate, rotary valve, sealed bucket conveyor, sealed screw conveyor, and the aeration chamber must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. Claim Objections Claims 18 are objected to because of the following informalities: Claim 18 recites “a processing media including water” and then recites “the processing media comprises water”. Appropriate correction is required. 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 1-20 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. The term “near” in claims 1, 6 and 17-19 is a relative term which renders the claim indefinite. The term “near” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “proximate” in claim 1 is a relative term which renders the claim indefinite. The term “proximate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “about” in claim 10 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “substantially” in claim 16 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Regarding claim 6, the phrase "or similar agitator" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by " or similar agitator"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Regarding claim 7, the phrase "(e.g., rubber, plastics, foam)" renders the claim indefinite because it is unclear whether the limitations following the phrase “e.g.” are part of the claimed invention. See MPEP § 2173.05(d). Claim 7 recites the limitation "the processing media". There is insufficient antecedent basis for this limitation in the claim. Claims 8-9 recites the limitation "fluid pulsation". There is insufficient antecedent basis for this limitation in the claim, as there was no “fluid pulsation” previously mentioned. Claim 11 recites the limitation "the combination of…vertical pulsations". There is potentially insufficient antecedent basis for this limitation in the claim, as the claim previously recited either a pulsation chamber or a continuous flow device. Claims 12 and 15 recites the limitation "the two or more sorting units". There is insufficient antecedent basis for this limitation in the claim. Claim 13 recites the limitation "the discharge device". There is insufficient antecedent basis for this limitation in the claim. Claim 14 recites the limitation "the aeration chamber". There is insufficient antecedent basis for this limitation in the claim. Claim 16 recites the limitation "the axial connection". There is insufficient antecedent basis for this limitation in the claim. Claim 17 recites the limitation "each processing container". There is insufficient antecedent basis for this limitation in the claim. Claims 2-5 and 20 are rejected as they are dependent upon a previously rejected claim. 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. Claims 1, 3-6, 8-13, 15-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Blondelle (US 2746603) in view of Oram et al. (US 5944196). Regarding claim 1, Blondelle (US 2746603) teaches an apparatus for separating materials of differing densities from a waste stream (Col. 1 lines 15-44), the apparatus comprising: a. a housing (Fig. 1 housing of #1, 1’) defining at least one separation unit (Fig. 1 #1) having an inlet (Fig. 1 #11) at an upper portion of the separation unit (Fig. 1 see #11 at upper portion of #1) and an outlet (Fig. 1 #25) at a lower portion of the separation unit (Fig. 1 see #25 at lower portion of #1); b. a fluid medium (Fig. 1 #2) contained within the separation unit (Fig. 1 #2 contained within #1) to create a slurry with the waste stream (Col. 5 lines 19-33); c. at least one agitator (Fig. 1 #10) disposed proximate a top region of the separation unit (Fig. 1 #10 proximate top region of #1), the agitator configured to impart a downward motion within the fluid medium (Col. 4 line 70-Col. 5 line 3); and d. at least one stratification component (Fig. 1 #18) in communication with the separation unit via an axial or tangential connection at or near a bottom region of the separation unit (Fig. 1 #18 in communication with #1 via axial connection at bottom region of #1), the stratification component being configured to introduce a flow of the fluid medium into and out of the separation unit in a manner that establishes a vertical motion within the fluid medium (Col. 5 lines 16-24), wherein the upward and downward motion caused by both the agitator and the stratification component promotes separation of heavier materials from lighter materials. Blondelle (US 2746603) lacks teaching the agitator configured to impart an upward motion within the fluid medium. Oram et al. (US 5944196) teaches an apparatus for separating materials of differing densities from a waste stream (Col. 1 lines 5-12, Col. 2 lines 56-65) comprising the agitator (Fig. 3 #35) configured to impart an upward motion within the fluid medium (Col. 10 lines 55-62). Oram et al. (US 5944196) explains that the stirring motor of the mixer keeps the particles in the mixer in a free-flowing, non-agglomerated state (Col. 10 lines 3-5), and only the high-density particles are able to settle through the upwardly flowing water (Col. 3 lines 55-64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include the agitator configured to impart an upward motion within the fluid medium as taught by Oram et al. (US 5944196) in order to keep the particles in a free-flowing, non-agglomerated state for separation. Regarding claim 3, Blondelle (US 2746603) lacks teaching the apparatus of claim 1, wherein the agitator comprises a paddlewheel including a rotatable shaft extending vertically downward from a top portion of the separation unit, the shaft having a plurality of fixed paddles that, upon rotation, generate shear forces and upward currents within the fluid medium. Oram et al. (US 5944196) teaches an apparatus for separating materials of differing densities from a waste stream (Col. 1 lines 5-12, Col. 2 lines 56-65) wherein the agitator comprises a paddlewheel (Fig. 3 #35) including a rotatable shaft (Fig. 3 see rotatable shaft of #35) extending vertically downward from a top portion of the separation unit (Fig. 3 see rotatable shaft of #35 extending vertically downward from a top portion of #10), the shaft having a plurality of fixed paddles (Fig. 3 see paddles of #35) that, upon rotation, generate shear forces and upward currents within the fluid medium (Col. 10 lines 55-62). Oram et al. (US 5944196) explains that the stirring motor of the mixer keeps the particles in the mixer in a free-flowing, non-agglomerated state (Col. 10 lines 3-5), and only the high-density particles are able to settle through the upwardly flowing water (Col. 3 lines 55-64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include wherein the agitator comprises a paddlewheel including a rotatable shaft extending vertically downward from a top portion of the separation unit, the shaft having a plurality of fixed paddles that, upon rotation, generate shear forces and upward currents within the fluid medium as taught by Oram et al. (US 5944196) in order to keep the particles in a free-flowing, non-agglomerated state for separation. Regarding claim 4, Blondelle (US 2746603) teaches the apparatus of claim 1, further comprising a plurality of interconnected separation units (Fig. 1 #1, 1’) disposed in a linear arrangement (Fig. 1 #1, 1’ disposed in linear arrangement), each separation unit having an inlet (Fig. 1 #11, 11’), an outlet (Fig. 1 #6’, 29), and an agitator (Fig. 1 #10, 10’), wherein the waste stream passes sequentially from a first separation unit to subsequent separation units (Fig. 1 see stream passing sequentially from #1 to #1’), and each separation unit is configured to separate materials based on a different specific gravity threshold of the fluid medium (Col. 4 lines 52-59). Regarding claim 5, Blondelle (US 2746603) teaches the apparatus of claim 1, further comprising a discharge device (Fig. 1 #25) at the lower portion of the separation unit (Fig. 1 #25 at lower portion of #1), the discharge device being selected from the group consisting of a movable gate (Col. 5 lines 340-44), a rotary valve (Col. 3 lines 40-43), a sealed bucket conveyor, and a sealed screw conveyor, the discharge device permitting heavier materials to exit the separation unit while minimizing fluid loss (Col. 2 lines 9-17). Regarding claim 6, Blondelle (US 2746603) teaches a method for separating materials of differing densities from a waste stream (Col. 1 lines 15-44), the method comprising: a. introducing the waste stream into a separation unit (Fig. 1 #1) filled with a fluid medium (Fig. 1 #2); c. simultaneously introducing a flow of the fluid medium into or out of the separation unit through an axial or tangential connection (Fig. 1 see axial connection of #18) at a lower portion of the separation unit (Fig. 1 #18 at lower portion of #1) to create a vertical motion (Col. 5 lines 16-24); d. allowing heavier materials (Fig. 1 #22) in the waste stream to sink toward a bottom region of the separation unit for collection (Fig. 1 see #22 collected in #13 at bottom region of #1); and e. allowing lighter materials (Fig. 1 #23) to remain at or near a top surface of the fluid medium (Fig. 1 see #23 at top surface of #2) for discharge from the separation unit (Fig. 1 #23 discharged from #1 at #6’). Blondelle (US 2746603) lacks teaching imparting agitation to the fluid medium at an upper portion of the separation unit using a rotatable paddlewheel or similar agitator to generate shear forces and an upward current. Oram et al. (US 5944196) teaches a method for separating materials of differing densities from a waste stream (Col. 1 lines 5-12, Col. 2 lines 56-65) comprising imparting agitation to the fluid medium at an upper portion of the separation unit (Fig. 3 see #35 at upper portion of #10) using a rotatable paddlewheel (Fig. 3 #35) or similar agitator to generate shear forces and an upward current (Col. 10 lines 55-62). Oram et al. (US 5944196) explains that the stirring motor of the mixer keeps the particles in the mixer in a free-flowing, non-agglomerated state (Col. 10 lines 3-5), and only the high-density particles are able to settle through the upwardly flowing water (Col. 3 lines 55-64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include imparting agitation to the fluid medium at an upper portion of the separation unit using a rotatable paddlewheel or similar agitator to generate shear forces and an upward current as taught by Oram et al. (US 5944196) in order to keep the particles in a free-flowing, non-agglomerated state for separation. Regarding claim 8, Blondelle (US 2746603) teaches the method of claim 6, further comprising adjusting one or more operating parameters selected from the group consisting of: rotational speed of the agitator; frequency and amplitude of fluid pulsation through the axial or tangential connection; and volume flow rate of the fluid medium (Col. 5 lines 16-24, “regulable and directable aperture”), so as to control the residence time of particles within the separation unit and optimize the separation efficiency (Col. 5 lines 59-62, Col. 6 lines 42-52). Regarding claim 9, Blondelle (US 2746603) lacks teaching the method of claim 6, further comprising monitoring conditions within the separation unit using one or more sensors, and automatically modifying at least one of the agitator speed, frequency of pulsation, or fluid flow rate based on sensor feedback in order to maintain a desired separation state. Oram et al. (US 5944196) teaches a method for separating materials of differing densities from a waste stream (Col. 1 lines 5-12, Col. 2 lines 56-65) further comprising monitoring conditions within the separation unit using one or more sensors (Col. 9 lines 8-20, Col. 10 lines 5-10), and automatically modifying at least one of the agitator speed (Col. 10 lines 5-10), frequency of pulsation, or fluid flow rate (Col. 9 lines 8-20) based on sensor feedback in order to maintain a desired separation state (Col. 9 lines 21-26). Oram et al. (US 5944196) explains that the stirring motor of the mixer keeps the particles in the mixer in a free-flowing, non-agglomerated state (Col. 10 lines 3-5), and only the high-density particles are able to settle through the upwardly flowing water (Col. 3 lines 55-64). Oram et al. (US 5944196) additionally explains that a controller is connected to the stirring motor to adjust the rate of particle addition based on the changes in the power requirement of the mixer, and thus ensures that the number of particles in the mixer is essentially constant (Col. 10 lines 5-9). Oram et al. (US 5944196) states that the separator will automatically adjust to variations in the composition of the particles added to the separator, and will thus be able to avoid situations where particles are improperly separated, or situations where an excessive number of particles enter the tube (Col. 10 lines 21-26). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include monitoring conditions within the separation unit using one or more sensors, and automatically modifying at least one of the agitator speed, frequency of pulsation, or fluid flow rate based on sensor feedback in order to maintain a desired separation state as taught by Oram et al. (US 5944196) in order to keep the particles in a free-flowing, non-agglomerated state for separation and avoid situations where particles are improperly separated or where an excessive number of particles enter the separation unit. Regarding claim 10, Blondelle (US 2746603) teaches the method of claim 6, wherein the fluid medium is selected from the group consisting of: water (Col. 1 lines 39-42); water mixed with chemicals or minerals to alter the fluid's specific gravity (Col. 1 lines 57-60); inorganic fines including dirt, sand, glass fines, ferrous fines, or combinations thereof, such that the fluid medium can be maintained at a predetermined specific gravity within the range of about 1.0 to about 3.0 to enhance density-based separation (Col. 1 lines 39-24, specific gravity of water is 1.0). Regarding claim 11, Blondelle (US 2746603) teaches a multi-stage density separation system (Col. 1 lines 15-44) for recovering heavier materials and lighter materials from a waste stream (Col. 1 lines 35-44), the system comprising: a. a first separator unit (Fig. 1 #1) configured with a first fluid medium specific gravity (Col. 4 lines 51-56) for separating a first subset of lighter materials (Col. 3 lines 47-56); b. a second separator unit (Fig. 1 #1’) in fluid communication with the first separator unit (Fig. 1 #1’ in fluid connection with #1) and configured with a second fluid medium specific gravity (Col. 4 lines 57-59) for further separating a second subset of lighter materials and heavier materials (Col. 3 lines 47-68); d. at least one pulsation chamber or continuous flow device (Fig. 1 #18, 18’) coupled to each separator unit to impart a vertical fluid flow (Col. 5 lines 16-18); e. a discharge zone (Fig. 1 #13, 13’) for removing heavier materials from each separator unit (Col. 5 lines 36-43); and f. a controller operably connected to each separator unit and configured to adjust fluid flow parameters for each separator unit (Col. 5 lines 16-24, “regulable and directable aperture”), wherein the combination of upward current, vertical pulsations, and sequential specific gravity separations provides enhanced stratification and recovery of heavier materials from the waste stream (Col. 4 lines 4-33). Blondelle (US 2746603) lacks teaching at least one paddlewheel agitator in each separator unit, each paddlewheel agitator generating shear forces and an upward current in its respective separator unit; and a controller operably connected to each separator unit and configured to adjust agitator speed for each separator unit. Oram et al. (US 5944196) teaches a density separation system (Col. 1 lines 5-12, Col. 2 lines 56-65) comprising at least one paddlewheel agitator (Fig. 3 #35) in each separator unit (Fig. 3 #10), each paddlewheel agitator generating shear forces and an upward current in its respective separator unit (Col. 10 lines 55-62); and a controller (Col. 9 lines 4-7) operably connected to each separator unit and configured to adjust agitator speed for each separator unit (Col. 10 lines 5-12). Oram et al. (US 5944196) explains that the stirring motor of the mixer keeps the particles in the mixer in a free-flowing, non-agglomerated state (Col. 10 lines 3-5), and only the high-density particles are able to settle through the upwardly flowing water (Col. 3 lines 55-64). Oram et al. (US 5944196) additionally explains that a controller is connected to the stirring motor to adjust the rate of particle addition based on the changes in the power requirement of the mixer, and thus ensures that the number of particles in the mixer is essentially constant (Col. 10 lines 5-9). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include at least one paddlewheel agitator in each separator unit, each paddlewheel agitator generating shear forces and an upward current in its respective separator unit; and a controller operably connected to each separator unit and configured to adjust agitator speed for each separator unit as taught by Oram et al. (US 5944196) in order to keep the particles in a free-flowing, non-agglomerated state for separation and ensure the number of particles in the system is essentially constant. Regarding claim 12, Blondelle (US 2746603) teaches the system of claim 11, wherein each of the two or more sorting units (Fig. 1 #1, 1’) has a different predetermined specific gravity of processing media (Col. 4 lines 51-59) to sequentially separate the waste stream into discrete fractions (Col. 3 lines 57-68). Regarding claim 13, Blondelle (US 2746603) teaches the system of claim 11, wherein the discharge device (Fig. 1 #25, 25’) comprises a rotary valve (Col. 3 lines 40-43), a movable gate (Col. 5 lines 340-44), a sealed screw conveyor, or a sealed bucket conveyor configured to reduce fluid loss during the discharge of heavier materials (Col. 2 lines 9-17). Regarding claim 15, Blondelle (US 2746603) teaches the system of claim 11, wherein at least one of the two or more sorting units (Fig. 1 #1, 1’) is configured to operate with continuous upward flow of the processing media rather than a pulsating flow (Col. 5 lines 16-24), thereby providing adjustable separation conditions based on the nature of the waste stream being processed (Col. 5 lines 16-24). Regarding claim 16, Blondelle (US 2746603) teaches the system of claim 11, wherein the axial connection (Fig. 1 #18, 18’) is configured to supply additional processing media to compensate for media losses (Col. 6 lines 10-19) and to maintain a substantially constant fluid level in the two or more sorting units (Col. 6 lines 10-23). Regarding claim 17, Blondelle (US 2746603) teaches the system of claim 11, wherein each processing container (Fig. 1 #1, 1’) has a rectangular or conical shape (Fig. 1 see conical shape of #1, 1’), and the system is arranged such that a lighter material exit passage (Fig. 1 #6’, 29) is located at an upper portion of each processing container (Fig. 1 see #6’, 29 located at upper portion of #1, 1’), while a heavier material exit passage (Fig. 1 #13, 13’) is located at or near a lower portion of each processing container (Fig. 1 see #13, 13’ at lower portion of #1, 1’). Regarding claim 19, Blondelle (US 2746603) teaches a method of separating materials of differing densities from a waste stream using a multi-stage linear separation system (Col. 1 lines 15-44), the method comprising: a. introducing a waste stream into a first separation unit (Fig. 1 #1) that contains a processing media (Fig. 1 #2) with a first specific gravity (Col. 4 lines 51-56); c. pulsating the processing media via a pulse chamber (Fig. 1 #13, Col. 6 lines 42-46) at or near the bottom of the first separation unit (Fig. 1 #13 at bottom of #1) to generate additional upward and downward flows (Col. 6 lines 47-52); d. discharging heavier materials (Fig. 1 #22) that sink toward the bottom of the first separation unit through a discharge device (Fig. 1 #25, Col. 5 lines 36-43) while minimizing fluid loss (Col. 2 lines 9-17); e. transferring lighter materials (Fig. 1 #23) from the first separation unit to a second separation unit (Fig. 1 #14 transferring #23 from #1 to #1’) that contains the processing media with a second specific gravity (Col. 4 lines 57-59); and f. adjusting at least one operational parameter in the second separation unit selected from paddlewheel speed, pulsation frequency (Col. 5 lines 59-62), or processing media flow rate (Col. 5 lines 16-24, “regulable and directable aperture”), wherein sequential treatment in the first and second separation units provides enhanced density-based separation of lighter and heavier materials (Col. 3 lines 57-68). Blondelle (US 2746603) lacks teaching b. rotating a paddlewheel or mixer at an upper portion of the first separation unit to agitate the processing media and create shear forces and upward currents. Oram et al. (US 5944196) teaches a method of separating materials of differing densities from a waste stream (Col. 1 lines 5-12, Col. 2 lines 56-65) comprising rotating a paddlewheel or mixer (Fig. 3 #35) at an upper portion of the first separation unit (Fig. 3 #35 at an upper portion of #10) to agitate the processing media and create shear forces and upward currents (Col. 10 lines 55-62). Oram et al. (US 5944196) explains that the stirring motor of the mixer keeps the particles in the mixer in a free-flowing, non-agglomerated state (Col. 10 lines 3-5), and only the high-density particles are able to settle through the upwardly flowing water (Col. 3 lines 55-64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include rotating a paddlewheel or mixer at an upper portion of the first separation unit to agitate the processing media and create shear forces and upward currents as taught by Oram et al. (US 5944196) in order to keep the particles in a free-flowing, non-agglomerated state for separation. Regarding claim 20, Blondelle (US 2746603) lacks teaching the method of claim 19, further comprising monitoring the torque or power draw of each paddlewheel or mixer in real time, and adjusting the rotational speed of the paddlewheel or mixer based on the monitored torque or power draw to maintain an optimal shear force for separating lighter and heavier materials. Oram et al. (US 5944196) teaches a method of separating materials of differing densities from a waste stream (Col. 1 lines 5-12, Col. 2 lines 56-65), further comprising monitoring the torque or power draw of each paddlewheel or mixer in real time (Col. 10 lines 3-9), and adjusting the rotational speed of the paddlewheel or mixer based on the monitored torque or power draw to maintain an optimal shear force for separating lighter and heavier materials (Col. 10 lines 3-9). Oram et al. (US 5944196) explains that the stirring motor of the mixer keeps the particles in the mixer in a free-flowing, non-agglomerated state (Col. 10 lines 3-5), and only the high-density particles are able to settle through the upwardly flowing water (Col. 3 lines 55-64). Oram et al. (US 5944196) additionally explains that a controller is connected to the stirring motor to adjust the rate of particle addition based on the changes in the power requirement of the mixer, and thus ensures that the number of particles in the mixer is essentially constant (Col. 10 lines 5-9). Oram et al. (US 5944196) states that the separator will automatically adjust to variations in the composition of the particles added to the separator, and will thus be able to avoid situations where particles are improperly separated, or situations where an excessive number of particles enter the tube (Col. 10 lines 21-26). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include monitoring the torque or power draw of each paddlewheel or mixer in real time, and adjusting the rotational speed of the paddlewheel or mixer based on the monitored torque or power draw to maintain an optimal shear force for separating lighter and heavier materials as taught by Oram et al. (US 5944196) in order to keep the particles in a free-flowing, non-agglomerated state for separation and avoid situations where an excessive number of particles enter the separation unit. Claims 2, 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Blondelle (US 2746603) in view of Oram et al. (US 5944196) and in further view of Kvejborg (EP 0613723). Regarding claim 2, Blondelle (US 2746603) lacks teaching the apparatus of claim 1, wherein the stratification component comprises a pulsating chamber that alternately discharges and retracts the fluid medium, creating a cyclical upward and downward flow of the fluid medium through the separation unit. Kvejborg (EP 0613723) teaches an apparatus for separating materials of differing densities from a waste stream (Col. 1 lines 3-19), wherein the stratification component (Fig. 2 chamber below #1) comprises a pulsating chamber (Fig. 2 #7) that alternately discharges and retracts the fluid medium (Col. 5 lines 23-40), creating a cyclical upward and downward flow of the fluid medium through the separation unit (Col. 5 lines 26-31). Kvejborg (EP 0613723) explains that the changes in the level (pulsations) generate the upwardly and downwardly directed flows of water, which are used for the specific-gravity screening of the material (Col. 5 lines 32-40). Kvejborg (EP 0613723) additionally explains that by using pulsating compressed air to bring the water into pulsation, there can be achieved a uniform water pulsation throughout the whole extent of the sieve, providing a uniform fluidization and a uniform distribution and stratification (Col. 4 lines 5-11). Finally, Kvejborg (EP 0613723) states that by being able to control the pulsation according to the given requirements, the system may achieve the greatest possible precision on the basis of the material available (Col. 4 lines 12-16). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include wherein the stratification component comprises a pulsating chamber that alternately discharges and retracts the fluid medium, creating a cyclical upward and downward flow of the fluid medium through the separation unit as taught by Kvejborg (EP 0613723) in order to achieve a uniform pulsation and therefore a more uniform fluidization and stratification. Regarding claim 14, Blondelle (US 2746603) lacks teaching the system of claim 11, wherein the aeration chamber includes a pulsation mechanism that cyclically introduces air into the processing media, creating the upward and downward vertical motion of the processing media to enhance separation of entangled or agglomerated waste fractions. Kvejborg (EP 0613723) teaches a density separation system (Col. 1 lines 3-19), wherein the aeration chamber (Fig. 2 chamber below #1) includes a pulsation mechanism (Fig. 2 #7) that cyclically introduces air into the processing media (Col. 5 lines 23-40), creating the upward and downward vertical motion of the processing media to enhance separation of entangled or agglomerated waste fractions (Col. 5 lines 26-31). Kvejborg (EP 0613723) explains that the changes in the level (pulsations) generate the upwardly and downwardly directed flows of water, which are used for the specific-gravity screening of the material (Col. 5 lines 32-40). Kvejborg (EP 0613723) additionally explains that by using pulsating compressed air to bring the water into pulsation, there can be achieved a uniform water pulsation throughout the whole extent of the sieve, providing a uniform fluidization and a uniform distribution and stratification (Col. 4 lines 5-11). Finally, Kvejborg (EP 0613723) states that by being able to control the pulsation according to the given requirements, the system may achieve the greatest possible precision on the basis of the material available (Col. 4 lines 12-16). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include wherein the aeration chamber includes a pulsation mechanism that cyclically introduces air into the processing media, creating the upward and downward vertical motion of the processing media to enhance separation of entangled or agglomerated waste fractions as taught by Kvejborg (EP 0613723) in order to achieve a uniform pulsation and therefore a more uniform fluidization and stratification. Regarding claim 18, Blondelle (US 2746603) teaches a system for separating materials in a waste stream (Col. 1 lines 15-44), comprising: a. a feeder (Fig. 1 #7) configured to receive the waste stream (Col. 4 lines 66-69), the waste stream comprising incinerator ash, automobile shredder residue, whitegood shredder residue, e-waste, waste-to-energy slag, steelmaking slag, ferrochrome slag, retrieved landfill material, or a combination thereof (Col. 4 lines 22-44); b. two or more sorting units (Fig. 1 #1, 1’) arranged in a linear configuration (Fig. 1 see #1, 1’ arranged in a linear configuration) and in fluid connection with one another (Fig. 1 see #1, 1’ in fluid connection with one another), each sorting unit comprising: a processing container (Fig. 1 container of #1, 1’) having an inlet (Fig. 1 #11, 11’) and an outlet (Fig. 1 #6’, 29), a processing media including water (Col. 1 lines 39-42) disposed within the processing container (Fig. 1 #2, 2’ disposed in #1, 1’), the processing media having a specific gravity (Col. 3 lines 57-60), wherein the specific gravity in at least two of the sorting units is different (Col. 4 lines 51-59); c. an axial connection (Fig. 1 #18, 18’) configured to introduce media into each sorting unit and generate an upward and downward vertical motion of the processing media (Col. 5 lines 16-24); d. a discharge device (Fig. 1 #25, 25’) configured to allow discharge of separated heavier materials from at least one of the sorting units (Col. 5 lines 36-43); and e. wherein the feeder (Fig. 1 #7) is configured to introduce the waste stream into the inlet of a first sorting unit (Fig. 1 #7 configured to introduce waste stream into #11), the agitation and vertical motion of the processing media are configured to separate the waste stream into at least a light portion and a heavy portion in each sorting unit (Col. 4 lines 4-30), the discharge device of the first sorting unit (Fig. 1 #25) is configured to receive and discharge the heavy portion from the processing container of the first sorting unit (Fig. 1 #25 receives and discharges #22 from container #1), the outlet of the first sorting unit (Fig. 1 #6’) is configured to receive the light portion from the processing container of the first sorting unit (Fig. 1 #6’ configured to receive #23), and the processing media comprises water (Col. 1 lines 39-42). Blondelle (US 2746603) lacks teaching a mixer or paddlewheel configured to rotate and agitate the processing media within the sorting unit, the mixer or paddlewheel having a shaft extending from a center- top portion of the processing container; and an aeration chamber at or near the bottom of the sorting units, configured to alternately create upward and downward vertical motion of the processing media within each of the two or more sorting units. Oram et al. (US 5944196) teaches a system for separating materials in a waste stream (Col. 1 lines 5-12, Col. 2 lines 56-65) comprising a mixer or paddlewheel (Fig. 3 #35) configured to rotate and agitate the processing media within the sorting unit (Col. 10 lines 55-62), the mixer or paddlewheel having a shaft extending from a center- top portion of the processing container (Fig. 3 see shaft of #35 extending downward from a center-top portion of #10). Oram et al. (US 5944196) explains that the stirring motor of the mixer keeps the particles in the mixer in a free-flowing, non-agglomerated state (Col. 10 lines 3-5), and only the high-density particles are able to settle through the upwardly flowing water (Col. 3 lines 55-64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include a mixer or paddlewheel configured to rotate and agitate the processing media within the sorting unit, the mixer or paddlewheel having a shaft extending from a center- top portion of the processing container as taught by Oram et al. (US 5944196) in order to keep the particles in a free-flowing, non-agglomerated state for separation. Kvejborg (EP 0613723) teaches a system for separating materials in a waste stream (Col. 1 lines 3-19) comprising an aeration chamber (Fig. 2 chamber below #1) at or near the bottom of the sorting unit (Fig. 2 chamber below #1 at bottom of #6), configured to alternately create upward and downward vertical motion of the processing media within the sorting unit (Col. 5 lines 23-40). Kvejborg (EP 0613723) explains that the changes in the level (pulsations) generate the upwardly and downwardly directed flows of water, which are used for the specific-gravity screening of the material (Col. 5 lines 32-40). Kvejborg (EP 0613723) additionally explains that by using pulsating compressed air to bring the water into pulsation, there can be achieved a uniform water pulsation throughout the whole extent of the sieve, providing a uniform fluidization and a uniform distribution and stratification (Col. 4 lines 5-11). Finally, Kvejborg (EP 0613723) states that by being able to control the pulsation according to the given requirements, the system may achieve the greatest possible precision on the basis of the material available (Col. 4 lines 12-16). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include an aeration chamber at or near the bottom of the sorting units, configured to alternately create upward and downward vertical motion of the processing media within each of the two or more sorting units as taught by Kvejborg (EP 0613723) in order to achieve a uniform pulsation and therefore a more uniform fluidization and stratification. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Blondelle (US 2746603) in view of Oram et al. (US 5944196) and further in view of Paspek Jr. et al. (US 2009/0065404). Regarding claim 7, Blondelle (US 2746603) lacks teaching the method of claim 6, wherein the waste stream comprises automobile shredder residue (ASR), and further comprising adjusting the specific gravity of the processing media in at least one of the separation units to promote separation of non-metal fractions (e.g., rubber, plastics, foam) from metallic components. Paspek Jr. et al. (US 2009/0065404) teaches a method for separating materials of differing densities from a waste stream (Paragraph 0002 lines 1-10, Paragraph 0008 lines 8-18) wherein the waste stream comprises automobile shredder residue (ASR) (Paragraph 0031 lines 1-6), and further comprising adjusting the specific gravity of the processing media in at least one of the separation units (Paragraph 0056 lines 1-4) to promote separation of non-metal fractions (e.g., rubber, plastics, foam) from metallic components (Paragraph 0105 line 1-Paragraph 0106 line 6). Paspek Jr. et al. (US 2009/0065404) explains that a fluid of a certain specific gravity may be used to separate the majority of the plastic components from the metallic components in automobile shredder residue (Paragraph 0031 lines 1-6). Paspek Jr. et al. (US 2009/0065404) additionally states that by separating and purifying the individual components of ASR, the utility and value of the particulate components is increased (Paragraph 0002 lines 1-10). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Blondelle (US 2746603) to include wherein the waste stream comprises automobile shredder residue (ASR), and further comprising adjusting the specific gravity of the processing media in at least one of the separation units to promote separation of non-metal fractions (e.g., rubber, plastics, foam) from metallic components as taught by Paspek Jr. et al. (US 2009/0065404) in order to increase the utility and value of components of automobile shredder residue. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00. 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, Michael McCullough can be reached at (571) 272-7805. 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. /MOLLY K DEVINE/ Examiner, Art Unit 3653
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Prosecution Timeline

Feb 24, 2025
Application Filed
Jan 16, 2026
Non-Final Rejection — §103, §112 (current)

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

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1-2
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+33.2%)
2y 6m
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