Prosecution Insights
Last updated: May 29, 2026
Application No. 19/173,449

FUEL OIL / PARTICULATE MATERIAL SLURRY COMPOSITIONS AND PROCESSES

Non-Final OA §103
Filed
Apr 08, 2025
Priority
Apr 04, 2016 — GB 1605768.9 +6 more
Examiner
TOOMER, CEPHIA D
Art Unit
1771
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Arq Ip Limited
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
1004 granted / 1355 resolved
+9.1% vs TC avg
Minimal +2% lift
Without
With
+2.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
40 currently pending
Career history
1396
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
75.8%
+35.8% vs TC avg
§102
3.1%
-36.9% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1355 resolved cases

Office Action

§103
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 . Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Davis (US 5,231,797-appears on PTO-1449) in view of Swensen (US 20150184099-appears on PTO-1449). Davis teaches moisture laden caked coal fine (wet-cake) by mixing a water immiscible substance, such as oil, with the caked coal to form granules (see abstract). The finely ground coal fines have 5-60 % free moisture and Davis teaches that the coal meets stringent environmental regulations regarding ash and sulfur content (see col. 1, lines 19-23). The wet coal is essentially a wet, sticky lumped mass of coal particles of less than about 28 mesh (see col. 1, lines 33-35; col. 3, lines 40-44; col. 4, lines 10-24). Davis teaches that the process of his invention can be varied by the selection of the coal type, particle size and other interactive parameters known to those skilled in the art (see col. 3, lines 14-19). Example 5 uses anthracite coal whose mean volume diameter is 12.7 microns wherein 98% of the particles are less than 44 microns. This teaching encompasses particles that are smaller than 20 microns. Davis teaches that the granules may be thermally dried (see col. 5, lines 30-31). Davis meets the limitations of the claims other than the differences set forth below. Davis does not specifically teach at least about 99% by volume of the particles are no greater than about 20 microns or a maximum average particle size of at most around 10 microns. However, no unobviousness is seen in this difference because Davis teaches that the process of his invention can be varied by the selection of the coal type, particle size and other interactive parameters known to those skilled in the art. Davis does not specifically teach that the particulate material is obtained by froth flotation and followed by mechanical and/or thermal dewatering to generate the wet-cake having a water content of less than 50%m. Davis also does not specifically teach pelletizing the coal. However, Swensen teaches these differences. Swensen teaches a method of removing water from fine coal particles to form a coal particle filter cake (see abstract). Swensen teaches that there are three general dewatering processes: gravity dewatering, such as settling; mechanical dewatering, such as filtration or vibration assisted vacuum dewatering (his process); and thermal dewatering, such as heating (see paragraphs 0009- 0010). The filter cake will have a water content less than 25% by weight (see para 0015). The process preferably operates to produce a coal particle filter cake that has a water content suitable for extrusion to form discrete, non-tacky pellets (see para 0019). The coal particles are obtained in the coal-froth obtained from flotation separation of fine coal particles (see paragraph 0014). It would have been obvious to one of ordinary skill in the art to obtain the particulate material by a process comprising froth flotation followed by mechanical and/or thermal dewatering because Swensen teaches that this process is well known, routine and conventional. It would have been obvious to one of ordinary skill in the art to extrude the coal particles of Davis because Swensen teaches that fine coal particles such as those of Davis may be extruded to form non-tacky pellets. Davis does not specifically teach the mineral or sulfur content of the coal when the particle size is 20 microns or less. However, no unobviousness is seen in this difference because the skilled artisan would recognize the benefits of using coal containing little to no mineral or sulfur and one would recognize the importance of following the government regulations regarding these environmental hazards. Also, Davis provides motivation to meet this limitation because he teaches that the coal type may be varied to obtain an optimum coal product. The skilled artisan desiring a low ash/mineral, low sulfur wet-cake would recognize that coals of low mineral matter/sulfur content may be utilized to obtain this objective. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2,693,878 to Driessen teaches a froth flotation separation of coal. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEPHIA D TOOMER whose telephone number is (571)272-1126. The examiner can normally be reached Monday-Friday. 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, Prem Singh can be reached on 571-272-6368. 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. /CEPHIA D TOOMER/Primary Examiner, Art Unit 1771 19173449/20260408
Read full office action

Prosecution Timeline

Apr 08, 2025
Application Filed
Apr 13, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
76%
With Interview (+2.4%)
2y 9m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1355 resolved cases by this examiner. Grant probability derived from career allowance rate.

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