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 .
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, 3-7, 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Senac (US 2012/0044488) in view of Akiyoshi et al. (US 5537206).
Regarding claim 1, Senac (US 2012/0044488) teaches a method for determining the chemical composition (CC) of a used refractory material specimen (M) (Paragraph 0001 lines 1-2, Paragraph 0074 lines 1-7), wherein during a breakdown step a pulsed laser beam (L) is irradiated by a laser source (2) (Fig. 2 #18) onto an examination section (E) of the used refractory material specimen (M) to form a plasma in said examination section (E) (Paragraph 0068 lines 1-8), wherein during a recording step by a detection unit (3) (Fig. 5 #70) spectral emission (S) of said examination section (E) is recorded (Paragraph 0057 lines 4-10), wherein during an evaluation step by an evaluation unit (4) (Paragraph 0071 lines 1-2 “computer means”) the chemical composition in the examination section (E) is determined using spectral lines of the recorded spectral emission (S) (Paragraph 0071 lines 1-6), characterized in that during the evaluation step a spectral line at a wavelength is used to determine the carbon content in the examination section (E) (Paragraph 0069 lines 1-6, Paragraph 0080 lines 1-4), and the chemical composition (CC) of the used refractory material specimen (M) is determined by using said chemical composition in the examination section (E) (Paragraph 0071 lines 1-6), and that the carbon content in the examination section (E) is determined by using an auxiliary spectral line at an auxiliary wavelength of the recorded spectral emission (Paragraph 026 lines 1-5, Paragraph 0028 lines 1-3), wherein an auxiliary spectral line of oxygen is used (Paragraph 0080 lines 1-5).
Senac (US 2012/0044488) lacks teaching a wavelength of about 193 nm is used to determine the carbon content.
Akiyoshi et al. (US 5537206) teaches a method for determining the chemical composition of a material specimen (Col. 1 lines 8-9), characterized in that during the evaluation step (Col. 12 line 66-Col. 13 line 6) a spectral line at a wavelength of about 193 nm is used to determine the carbon content in the examination section (E) (Col. 13 lines 4-7, 12-24).
Akiyoshi et al. (US 5537206) explains that the applied analytical line for carbon is 193 nm (Col. 13 lines 4-7).
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 Senac (US 2012/0044488) to include a wavelength of about 193 nm is used to determine the carbon content as taught by Akiyoshi et al. (US 5537206) in order to determine the carbon content in the specimen.
Regarding claim 3, Senac (US 2012/0044488) teaches the method according to claim 1, characterized in that the spectral lines of the spectral emission (S) recorded of one or more of the following further elements are used to determine the chemical composition in the examination section (E) regarding said further elements in the examination section (E): Al, Mg, Si, Ca, (Paragraph 0006 lines 1-5, Paragraph 0024 lines 1-3) and the chemical composition (CC) of the used refractory material specimen (M) is determined by using said chemical composition in the examination section (E) (Paragraph 0071 lines 1-6, Paragraph 0074 lines 1-7).
Regarding claim 4, Senac (US 2012/0044488) teaches the method according to claim 1, characterized in that the examination section (E) is pre-treated during a cleaning step (Paragraph 0072 lines 2-8).
Regarding claim 5, Senac (US 2012/0044488) teaches the method according to one of claim 1, characterized in that the breakdown step, the recording step and the evaluation step are executed for a plurality of examination sections (E,E', E") of the used refractory material specimen (M) (Paragraph 0072 lines 1-8), and that the chemical composition (CC) of the used refractory material specimen (M) is determined from the results of said evaluation steps of said plurality of examination sections (E,E', E") (Paragraph 0074 lines 1-7).
Regarding claim 6, Senac (US 2012/0044488) teaches an examination device (1) for determining the chemical composition (CC) of a used refractory material specimen (M) (Paragraph 0001 lines 1-2, Paragraph 0074 lines 1-7), characterized in that the examination device (1) comprises a laser source (2) (Fig. 2 #18), configured to irradiate a pulsed laser beam (L) onto an examination section (E) of the refractory material specimen (M) to form a plasma in said examination section (E) during a breakdown step (Paragraph 0068 lines 1-8), that the examination device (1) comprises a detection unit (3) (Fig. 5 #70), configured to record spectral emission (S) from the examination section (E) during a recording step (Paragraph 0057 lines 4-10), and that the examination device (1) comprises an evaluation unit (4) (Paragraph 0071 lines 1-2 “computer means”), configured to determine during an evaluation step the chemical composition in the examination section (E) using the recorded spectral emission (S) (Paragraph 0071 lines 1-6) while during the evaluation step using a spectral line at a wavelength to determine the carbon content in the examination section (E) (Paragraph 0069 lines 1-6, Paragraph 0080 lines 1-4), wherein the chemical composition (CC) of the used refractory material specimen (M) is determined by using said chemical composition in the examination section (E) while the carbon content in the examination section (E) is determined by using an auxiliary spectral line at an auxiliary wavelength of the recorded spectral emission (Paragraph 026 lines 1-5, Paragraph 0028 lines 1-3), wherein an auxiliary spectral line of oxygen is used (Paragraph 0080 lines 1-5).
Senac (US 2012/0044488) lacks teaching a wavelength of about 193 nm to determine the carbon content.
Akiyoshi et al. (US 5537206) teaches an examination device for determining the chemical composition of a material specimen (Col. 1 lines 8-9), comprising an evaluation unit configured to determine during an evaluation step the chemical composition in the examination section (E) using the recorded spectral emission (Col. 12 line 66-Col. 13 line 6) while during the evaluation step using a spectral line at a wavelength of about 193 nm to determine the carbon content in the examination section (E) (Col. 13 lines 4-7, 12-24).
Akiyoshi et al. (US 5537206) explains that the applied analytical line for carbon is 193 nm (Col. 13 lines 4-7).
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 Senac (US 2012/0044488) to include a wavelength of about 193 nm to determine the carbon content as taught by Akiyoshi et al. (US 5537206) in order to determine the carbon content in the specimen.
Regarding claim 7, Senac (US 2012/0044488) teaches the Examination device (1) according to claim 6, characterized in that the laser source (2) (Fig. 2 #18) and/or a second laser source is configured to irradiate a cleaning laser beam onto the examination section (E) during a cleaning step prior to the breakdown step (Paragraph 0072 lines 2-8).
Regarding claim 9, Senac (US 2012/0044488) teaches the examination device (1) according to claim 6, characterized in that the laser source (2) (Fig. 2 #18), is configured to irradiate a pulsed laser beam (L, L', L") onto a plurality of examination sections (E,E', E") of the refractory material specimen (M) to form a plasma in said plurality of examination sections (E,E', E") (Paragraph 0072 lines 1-8), that the detection unit (3) is configured to record spectral emissions (S, S', S") from the plurality of examination sections (E,E', E") (Paragraph 0072 lines 1-8), that the evaluation unit (4) is configured to determine the chemical composition in the plurality of examination sections (E,E', E") using the recorded spectral emissions (S, S', S") (Paragraph 0074 lines 1-7), and that the examination device (1) comprises a merging unit (41) which is configured to determine the chemical composition (CC) of the used refractory material specimen (M) from the determined chemical compositions in the plurality of examination sections (E, E', E") (Paragraph 0074 lines 1-7).
Regarding claim 15, Senac (US 2012/0044488) teaches the Method according to claim 1, characterized in that the examination section (E) is pre-treated during a laser-cleaning step performed by the laser source (2) (Fig. 2 #18) and/or a second laser source irradiating a cleaning laser beam onto the examination section (E) prior to the emission of the breakdown laser beam (L) (Paragraph 0072 lines 2-8).
Claims 2, 8, 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Senac (US 2012/0044488) in view of Akiyoshi et al. (US 5537206) and further in view of Masse et al. (WO 2011154646). English translations of Masse et al. (WO 2011154646) have been provided herein.
Regarding claim 2, Senac (US 2012/0044488) lacks teaching the method according to claim 1, characterized in that during a preselection step the examination section (E) on the used refractory material specimen (M) is determined by an imaging unit (5).
Masse et al. (WO 2011154646) teaches a method for determining the chemical composition of a used specimen (Paragraph 0002 lines 1-3, Paragraph 0011 lines 1-3), characterized in that during a preselection step the examination section (E) on the used refractory material specimen (M) is determined (Paragraph 0066 lines 1-10) by an imaging unit (5) (Fig. 6 #14).
Masse et al. (WO 2011154646) explains that information on the positions and heights of the objects, articles, or parts thereof control the emission device (Paragraph 0036 lines 1-5) and control inputs of the collection device (Paragraph 0037 lines 1-9). Masse et al. (WO 2011154646) further explains that the optical means are controlled with variable orientation and/or inclination for each laser beam, as well as adjustment of its focus, the control being performed independently and according to position information and height provided by the optoelectronic means (Paragraph 0066 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 Senac (US 2012/0044488) to include during a preselection step the examination section (E) on the used refractory material specimen (M) is determined by an imaging unit (5) as taught by Masse et al. (WO 2011154646) in order to control the laser source or detection unit based on the positions and heights of the specimens or parts thereof.
Regarding claim 8, Senac (US 2012/0044488) lacks teaching the examination device (1) according to claim 6, characterized in that the examination device (1) comprises an imaging unit (5) configured to preselect the examination section (E).
Masse et al. (WO 2011154646) teaches an examination device (1) for determining the chemical composition of a used material specimen (Paragraph 0002 lines 1-3, Paragraph 0011 lines 1-3), characterized in that the examination device (1) comprises an imaging unit (5) (Fig. 6 #14) configured to preselect the examination section (E) (Paragraph 0066 lines 1-10).
Masse et al. (WO 2011154646) explains that information on the positions and heights of the objects, articles, or parts thereof control the emission device (Paragraph 0036 lines 1-5) and control inputs of the collection device (Paragraph 0037 lines 1-9). Masse et al. (WO 2011154646) further explains that the optical means are controlled with variable orientation and/or inclination for each laser beam, as well as adjustment of its focus, the control being performed independently and according to position information and height provided by the optoelectronic means (Paragraph 0066 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 Senac (US 2012/0044488) to include that the examination device (1) comprises an imaging unit (5) configured to preselect the examination section (E) as taught by Masse et al. (WO 2011154646) in order to control the laser source or detection unit based on the positions and heights of the specimens or parts thereof.
Regarding claim 14, Senac (US 2012/0044488) lacks teaching the method according to claim 2, wherein the imaging unit (5) comprises at least one of a color camera or a hyperspectral camera.
As explained previously, Masse et al. (WO 2011154646) teaches a method (Paragraph 0002 lines 1-3, Paragraph 0011 lines 1-3), characterized in that the examination device (1) comprises an imaging unit (5) (Fig. 6 #14).
Masse et al. (WO 2011154646) further explains that the optical means are controlled with variable orientation and/or inclination for each laser beam, as well as adjustment of its focus, the control being performed independently and according to position information and height provided by the optoelectronic means (Paragraph 0066 lines 1-10). Masse et al. (WO 2011154646) states that the imagining unit is an optoelectronic means (Paragraph 0066 lines 1-10) and provides a different embodiment which includes a hyperspectral camera capable of collecting and recording all spatial and spectral information relating to the detection signals (Paragraph 0070 lines 1-5).
Since Masse et al. (WO 2011154646) discloses several embodiments in a single disclosure, it would be within the skill of a worker in the art to look to the embodiments disclosed by Masse et al. (WO 2011154646) to solve various problems or provide additional functionality to the base device.
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 Senac (US 2012/0044488) to include wherein the imaging unit (5) comprises at least one of a color camera or a hyperspectral camera as taught by Masse et al. (WO 2011154646) in order to collect and record spatial and spectral information and control the laser source or detection unit accordingly based on the collected information.
Regarding claim 17, Senac (US 2012/0044488) lacks teaching the examination device (1) according to claim 8, wherein the imaging unit (5) comprises at least one of a color camera or a hyperspectral camera.
As explained previously, Masse et al. (WO 2011154646) teaches the examination device (Paragraph 0002 lines 1-3, Paragraph 0011 lines 1-3), characterized in that the examination device (1) comprises an imaging unit (5) (Fig. 6 #14).
Masse et al. (WO 2011154646) further explains that the optical means are controlled with variable orientation and/or inclination for each laser beam, as well as adjustment of its focus, the control being performed independently and according to position information and height provided by the optoelectronic means (Paragraph 0066 lines 1-10). Masse et al. (WO 2011154646) states that the imagining unit is an optoelectronic means (Paragraph 0066 lines 1-10) and provides a different embodiment which includes a hyperspectral camera capable of collecting and recording all spatial and spectral information relating to the detection signals (Paragraph 0070 lines 1-5).
Since Masse et al. (WO 2011154646) discloses several embodiments in a single disclosure, it would be within the skill of a worker in the art to look to the embodiments disclosed by Masse et al. (WO 2011154646) to solve various problems or provide additional functionality to the base device.
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 Senac (US 2012/0044488) to include wherein the imaging unit (5) comprises at least one of a color camera or a hyperspectral camera as taught by Masse et al. (WO 2011154646) in order to collect and record spatial and spectral information and control the laser source or detection unit accordingly based on the collected information.
Claims 10-12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Senac (US 2012/0044488) in view of Akiyoshi et al. (US 5537206) and further in view of Soest (WO 2017109035). English translations of Soest (WO 2017109035) have been provided herein.
Regarding claim 10, Senac (US 2012/0044488) teaches a refractory sorting system (10) (Paragraph 0084 lines 1-11) comprising an examination device (1) according to claim 6 (see claim 6 above) wherein the examination device (1) is configured to determine the chemical composition of a plurality of used refractory material specimens (M) (Paragraph 0085 lines 1-6).
Senac (US 2012/0044488) lacks teaching a sorting unit (6), configured to sort said plurality of used refractory material specimens (M) based on their chemical composition (CC) during a sorting step.
Soest (WO 2017109035) teaches a refractory sorting system (Paragraph 0001 lines 1-9), comprising a sorting unit (6) (Fig. 1 #10), configured to sort said plurality of used refractory material specimens (M) based on their chemical composition (CC) during a sorting step (Paragraph 0048 lines 5-9).
Soest (WO 2017109035) explains that for the production of high-performance materials, the exact chemical composition is of utmost importance (Paragraph 0004 lines 1-2), and Soest (WO 2017109035) explains that the gas pressure nozzles arranged in the rear area of the conveyor belt apply gas pressure pulses to the material pieces which are to be assigned to a specific fraction depending on the determined composition (Paragraph 0046 lines 1-6).
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 Senac (US 2012/0044488) to include a sorting unit (6), configured to sort said plurality of used refractory material specimens (M) based on their chemical composition (CC) during a sorting step as taught by Soest (WO 2017109035) in order to collect specimens with particular chemical composition for downstream production.
Regarding claim 11, Senac (US 2012/0044488) teaches the refractory sorting system (10) according to claim 10, comprising a transport unit (7) (Fig. 9 #90) for transporting the plurality of used refractory material specimens (M) (Paragraph 0085 lines 1-6).
Regarding claim 12, Senac (US 2012/0044488) lacks teaching the refractory sorting system (10) according to claim 11, comprising a feeding unit (8) for feeding the plurality of used refractory material specimens (M) to the transport unit (7).
Soest (WO 2017109035) teaches a refractory sorting system (Paragraph 0001 lines 1-9), comprising a feeding unit (8) (Paragraph 0033 lines 8-13) for feeding the plurality of used refractory material specimens (M) to the transport unit (7) (Fig. 1 #1, Paragraph 0033 lines 8-13).
Soest (WO 2017109035) explains that the material pieces should be placed individual and spaced apart on the conveyor belt to avoid misassignments, and suitable singulation techniques may include a vibrating conveyor (Paragraph 0033 lines 8-13).
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 Senac (US 2012/0044488) to include a feeding unit (8) for feeding the plurality of used refractory material specimens (M) to the transport unit (7) as taught by Soest (WO 2017109035) in order to space the specimens apart and avoid misassignments.
Regarding claim 18, Senac (US 2012/0044488) teaches the refractory sorting system (10) according to claim 11, the transport unit (7) comprises a conveyor belt (Paragraph 0085 lines 1-6).
Claims 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Senac (US 2012/0044488) in view of Akiyoshi et al. (US 5537206) and further in view of Dottery et al. (US 8125627).
Regarding claim 13, Senac (US 2012/0044488) lacks teaching the method according to claim 1, wherein the auxiliary spectral line is at a wavelength of about 777 nm.
Senac (US 2012/0044488) teaches wherein an auxiliary spectral line of oxygen is used (Paragraph 0080 lines 1-5).
Dottery et al. (US 8125627) teaches a method for determining the chemical composition (CC) of a material specimen (M) (Col. 1 lines 20-22, Col. 3 lines 53-60) wherein the auxiliary spectral line is at a wavelength of about 777 nm (Col. 16 lines 37-41).
Dottery et al. (US 8125627) explains that the peak wavelength for oxygen is at 777 nm (Col. 16 lines 37-41).
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 Senac (US 2012/0044488) to include wherein the auxiliary spectral line is at a wavelength of about 777 nm as taught by Dottery et al. (US 8125627) in order to determine the composition of the specimen.
Regarding claim 16, Senac (US 2012/0044488) lacks teaching the examination device (1) according to claim 6, wherein the auxiliary spectral line is at a wavelength of about 777 nm.
Senac (US 2012/0044488) teaches wherein an auxiliary spectral line of oxygen is used (Paragraph 0080 lines 1-5).
Dottery et al. (US 8125627) teaches a method for determining the chemical composition (CC) of a material specimen (M) (Col. 1 lines 20-22, Col. 3 lines 53-60) wherein the auxiliary spectral line is at a wavelength of about 777 nm (Col. 16 lines 37-41).
Dottery et al. (US 8125627) explains that the peak wavelength for oxygen is at 777 nm (Col. 16 lines 37-41).
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 Senac (US 2012/0044488) to include wherein the auxiliary spectral line is at a wavelength of about 777 nm as taught by Dottery et al. (US 8125627) in order to determine the composition of the specimen.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rice et al. (US 7027150) teaches a spectroscopy analysis of the composition of refractory silica brick.
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.
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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.
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/MOLLY K DEVINE/ Examiner, Art Unit 3653
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