DETAILED ACTION
Election/Restrictions
Drawings
The specification appears to indicate that Figure 1 shows prior art. If this is the case, Figure 1, is required to include the “Prior Art” legend pursuant to MPEP § 608.02(g). A proposed drawing correction, or clarification of the specification is required in response to this action.
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 Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hill (3,432,208).
Hill (3,432,208) disclose(s):
Receiving assembly, 13;
Particles, abstract;
Tank, below horizontal screen;
Receiving equipment 15
Gas injection device 33 & 43;
Extension 29;
valve 25;
outlet(s) 23;
air as a conveyance medium, abstract;
system, claim(s) 7, figure(s) 1.
Note Hill (3,432,208) disclose(s) Receiving equipment that can receive particles via 81. Additionally, Hill (3,432,208) disclose(s) a structure wherein the injection device passes air through the when the valve is open; if nothing else, by a venturi effect. There would be additional driving force contingent on the relative pipe(s) pressure differentials.
With regard to claim(s) 2, Hill (3,432,208) disclose(s) receiving equipment forming an inverted cone.
With regard to claim(s) 5, Hill (3,432,208) disclose(s) a tank constituting a pneumatic conveyor.
With regard to claim(s) 7, and further regard to claim(s) 1, Hill (3,432,208) disclose(s) a structure wherein when the injection device passes air when the valve is open .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Spivak (5,071,289) and Fuji et al. (4,502,819), inter alia, both anticipate applicant’s claim language.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571)272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653
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