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 .
Election/Restrictions
Applicant's election with traverse of claims 7-26 in the reply filed on June 16, 2026 is acknowledged. The traversal is on the ground(s) that examination of all of the claims together places no undue burden on the Examiner. This is not found persuasive because, as stated on page 3 of the Restriction dated December 18, 2025, each invention has attained recognition in the art as separate subject matter for inventive effort requiring separate fields of search.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statements (IDS) submitted are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 7-10, 13-23 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Patent Document No. CN 108479955 A by Lin, hereinafter “Lin”.
Regarding claim 7, Lin discloses a system for processing a feedstock into an output product having one or a plurality of variable preselected characteristics (system shown in Figs. 1-4; ¶[0023]), the system comprising:
a feeder configured to convey the feedstock (feeding channel 7 in Figs. 2-3; ¶[0023]);
a mechanical pulverizer configured to receive the feedstock from the feeder and pulverize the feedstock received by the feeder into pulverized feedstock, wherein the pulverized feedstock includes one or more of heavy fines, particulates, moisture, or combinations thereof (mechanical pulverizer grinding roller and disc mechanisms 2 and 3 in Figs. 3 and 4 receives feedstock from feeder channel 7 and grinds it into fines; ¶[0023] and [0033]); and
an air conveyor for conveying an air flow into the mechanical pulverizer and to draw the air flow from the mechanical pulverizer to a fines separator (¶[0030] and [0033] disclose air intake device 14 creates a negative pressure delivery system which conveys air flow into pulverizer grinder 2 and 3 that is drawn into fines separator screening mechanism 5 in Fig. 3), wherein the air flow from the mechanical pulverizer includes at least a portion of the pulverized feedstock, wherein the at least a portion of the pulverized feedstock is conveyed by the air flow (feedstock is pulverized into dust which is conveyed by the negative pressure system);
one or more sensors configured to receive information indicative of at least one characteristic of the feedstock (¶[0032] discloses the system includes a temperature sensor and a humidity sensor which receives temperature and moisture information about the feedstock in housing 1); and
a controller configured to receive the information indicative of the at least one characteristic of the feedstock from the one or more sensors and control one or more selected from a group consisting of the feeder, the mechanical pulverizer, and the air conveyor based on the received information indicative of the at least one characteristic of the feedstock (¶[0032] and [0033] disclose the system includes an industrial control computer which receives temperature and humidity information sensed by the temperature and humidity sensors to make adjustments to operation of pulverizer grinder 2 and 3 and the negative pressure conveying mechanism).
Regarding claim 8, Lin anticipates the system of claim 7 as explained above. Lin further discloses the at least one characteristic of the feedstock includes a moisture content (¶[0032] discloses moisture content of the feedstock is sensed by a humidity sensor in housing 1), and wherein the controller is configured to selectively increase a flow rate of the air flow provided by the air conveyor in response to determining that the moisture content of the feedstock is higher than a target moisture content (¶[0032] discloses an operator can adjust (increase) the flow rate of air inlet device 14 using the system’s control computer in response to information received from the humidity sensor the moisture content of the feedstock is higher than a target content).
Regarding claim 9, Lin anticipates the system of claim 7 as explained above. Lin further discloses the at least one characteristic of the feedstock includes a moisture content (¶[0032] discloses moisture content of the feedstock is sensed by a humidity sensor in housing 1), and wherein the controller is configured to selectively reduce a rate of operation of the mechanical pulverizer in response to determining that the moisture content of the feedstock is higher than a target moisture content (¶[0032] discloses an operator can adjust (reduce) the rate of operation of pulverizer grinder 2 and 3 using the control computer in response to information received from the humidity sensor the moisture content of the feedstock is higher than a target content).
Regarding claim 10, Lin anticipates the system of claim 7 as explained above. Lin further discloses the at least one characteristic of the feedstock includes a moisture content (¶[0032] discloses moisture content of the feedstock is sensed by a humidity sensor in housing 1), and wherein the controller is configured to selectively cause an increase in residence time of the feedstock in the mechanical pulverizer in response to determining that the moisture content of the feedstock is higher than a target moisture content (¶[0032] discloses the control computer is configured to monitor and adjust operation of each part of the system such that the parts of the system may be adjusted to increase residence time of feedstock in pulverizer 2 and 3 in response to information received from the humidity sensor the moisture content of the feedstock is higher than a target content).
Regarding claim 13, Lin anticipates the system of claim 7 as explained above. Lin further discloses the feeder is configured to mechanically convey the feedstock into the mechanical pulverizer. Feeding channel feeder 7 in Figs. 2 and 3 uses gravity to mechanically convey feedstock to pulverizer grinder 2/3. The limitation regarding the moisture content of the feedstock entering the mechanical pulverizer is a limitation directed to the material worked on by the claimed apparatus in a manner which does not limit the apparatus claim. See M.P.E.P. 2115. The limitation is also recitation with respect to the manner in which the claimed apparatus is intended to be operated which does not differentiate the claimed apparatus from Lin because Lin discloses the structural limitations of the claim. See M.P.E.P. 2114,II.
Regarding claim 14, Lin anticipates the system of claim 7 as explained above. The limitation of claim 14 is directed to the temperature of the material worked on which does not limit the apparatus claim. See M.P.E.P. 2115. The limitation is also recitation with respect to the manner in which the claimed apparatus is intended to be operated which does not differentiate the claimed apparatus from Lin because Lin discloses the structural limitations of the claim. See M.P.E.P. 2114,II.
Regarding claim 15, Lin anticipates the system of claim 7 as explained above. Lin further discloses the controller is configured to determine a rate of the air flow sufficient to draw the fines based on the at least one characteristic of the feedstock (¶[0032] discloses an operator can adjust the flow rate of air inlet device 14 using the system’s control computer in response to information received from the humidity sensor).
Regarding claim 16, Lin anticipates the system of claim 7 as explained above. The limitations of claim 16 are directed to an aspect of the material worked on by the claimed apparatus in a manner which does not limit the apparatus claim. See M.P.E.P. 2115. The limitations are also recitation with respect to the manner in which the claimed apparatus is intended to be operated which do not differentiate the claimed apparatus from Lin because Lin discloses the structural limitations of the claim. See M.P.E.P. 2114,II.
Regarding claim 17, Lin anticipates the system of claim 7 as explained above. The limitation of claim 17 is directed to an aspect of the material worked on by the claimed apparatus in a manner which does not limit the apparatus claim. See M.P.E.P. 2115. The limitation is also recitation with respect to the manner in which the claimed apparatus is intended to be operated which does not differentiate the claimed apparatus from Lin because Lin discloses the structural limitations of the claim. See M.P.E.P. 2114,II.
Regarding claim 18, Lin anticipates the system of claim 7 as explained above. The limitation of claim 17 is directed to an aspect of the material worked on by the claimed apparatus in a manner which does not limit the apparatus claim. See M.P.E.P. 2115. The limitation is also recitation with respect to the manner in which the claimed apparatus is intended to be operated which does not differentiate the claimed apparatus from Lin because Lin discloses the structural limitations of the claim. See M.P.E.P. 2114,II.
Regarding claim 19, Lin anticipates the system of claim 7 as explained above. Lin further discloses the fines separator (fines separator screening mechanism 5 in Fig. 3) is configured to separate the heavy fines from the particulates based on one or more characteristics selected from a group consisting of weight, density, and particle size. Paragraph [0033] discloses screening mechanism 5 separates based on fineness, i.e. particles size.
Regarding claim 20, Lin anticipates the system of claim 7 as explained above. The limitation of claim 20 is directed to an aspect of the material worked on by the claimed apparatus in a manner which does not limit the apparatus claim. See M.P.E.P. 2115. The limitation is also recitation with respect to the manner in which the claimed apparatus is intended to be operated which does not differentiate the claimed apparatus from Lin because Lin discloses the structural limitations of the claim. See M.P.E.P. 2114,II.
Regarding claim 21, Lin anticipates the system of claim 7 as explained above. Lin further discloses the particulates comprise materials not removed from the air flow by the fines separator (¶[0033] discloses fines separator screening mechanism 5 in Fig. 3 does not remove unqualified powder returned to be ground by grinder 2/3 by air conveyance).
Regarding claim 22 Lin anticipates the system of claim 7 as explained above. The limitation of claim 20 is directed to an aspect of the material worked on by the claimed apparatus in a manner which does not limit the apparatus claim. See M.P.E.P. 2115. The limitation is also recitation with respect to the manner in which the claimed apparatus is intended to be operated which does not differentiate the claimed apparatus from Lin because Lin discloses the structural limitations of the claim. See M.P.E.P. 2114,II.
Regarding claim 23, Lin anticipates the system of claim 7 as explained above. The limitation of claim 23 is recitation with respect to the manner in which the claimed apparatus is intended to be operated which does not differentiate the claimed apparatus from Lin because Lin discloses the structural limitations of the claim. See M.P.E.P. 2114,II.
Regarding claim 26, Lin anticipates the system of claim 7 as explained above. Lin further discloses the mechanical pulverizer (pulverizer grinder 2/3 in Fig. 3) comprises at least one selected from a group consisting of a ringmill, a horizontal hammermill, and a vertical shaft impactor (VSI). Figs. 3 and 4 disclose grinder 2/3 is a ring mill. See paragraphs [0025] through [0027].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 11-12 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of U.S. Patent Application Publication No. US 2020/0129989 A1 by Schultz, hereinafter “Schultz”.
Regarding claim 11, Lin anticipates the system of claim 7 as explained above. Lin further discloses moisture content as the at least one characteristic of the feedstock. See paragraph [0032]. However, Lin does not disclose the controller is configured to selectively reduce a rate of operation of the feeder in response to determining that the moisture content of the feedstock is higher than a target moisture content.
In the same field of systems for processing feedstock, Schultz teaches it was known before the effective filing date of the claimed invention to selectively reduce a rate of operation of the feeder in response to determining that the moisture content of the feedstock is higher than a target moisture content. Paragraphs [0054] through [0071] teach metering wheel 308 in Fig. 3 meters waste stream 150 in Fig. 1 entering process 100 based upon specific energy and moisture content measured by first analyzing station 206 (Fig. 2 and 4) of pre-sort unit 102 in Fig. 1.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a feedstock analyzing station into Lin’s feeder which determines the moisture content and meters the rate of feedstock fed into Lin’s housing in the same way Schultz teaches. A person of ordinary skill would have recognized applying the teaching of Schultz to Lin’s system would achieve the predictable result of providing improved control over the moisture content in Lin’s system.
Regarding claim 12, Lin anticipates the system of claim 7 as explained above. However, Lin does not disclose the at least one characteristic of the feedstock includes a calorific content, and wherein the controller is configured to selectively cause a variation in composition of the feedstock in response to determining that the calorific content of the feedstock differs from a target moisture content.
In the same field of systems for processing feedstock, Schultz teaches it was known before the effective filing date of the claimed invention to use one or more sensors to measure specific energy (calorific content) and moisture content of feedstock entering a processing system to vary its composition in response to information received from the sensor(s) in order to obtain an output product within a predetermined specific energy range. See paragraphs [0054] through [0071].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a feedstock analyzing station into Lin’s system which varies the composition of the feedstock based upon its calorific and moisture content in the same way Schultz teaches. A person of ordinary skill would have recognized applying the teaching of Schultz to Lin’s system would achieve the predictable result of operating Lin’s system based upon calorific content of the feedstock.
Regarding claim 24, Lin anticipates the system of claim 7 as explained above. However, Lin does not disclose further comprising a shredder configured to reduce initial component size in the feedstock conveyed from the feeder into a selected feedstock subcomponent size prior to delivery to the mechanical pulverizer.
In the same field of systems for processing feedstock, Schultz teaches it was known before the effective filing date of the claimed invention to use a shredder configured to reduce initial component size in feedstock conveyed from a feeder into a selected feedstock subcomponent size prior to delivery to a mechanical pulverizer. Primary shredder 110 in Fig. 1 reduces the initial component size of the feedstock before it pulverized in secondary shredding unit 114. See at least paragraphs [0063] and [0065].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a shredder into Lin’s system prior to feeding channel 7 to reduce the initial size of the feedstock before it is feed to pulverizer grinding mechanism 2/3 in the same way Schultz teaches. A person of ordinary skill would have recognized applying the teaching of Schultz to Lin’s system would achieve the predictable result of using a pre-shredder to improve the consistency of the feedstock fed into Lin’s system.
Regarding claim 25, Lin anticipates the system of claim 7 as explained above. However, Lin does not disclose further comprising a material analyzer configured to analyze characteristics of the feedstock.
In the same field of systems for processing feedstock, Schultz teaches it was known before the effective filing date of the claimed invention to use material analyzers to analyze characteristics of the feedstock prior to being comminuted in the system. Paragraph [0056] teaches optical sensors are used to detect feedstock containing mercury and chlorine so that it may be removed prior to shredding.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a material analyzer prior to Lin’s feeding channel 7 to analyze characteristics of the feedstock prior to being comminuted in the system in the same way Schultz teaches. A person of ordinary skill would have recognized applying the teaching of Schultz to Lin’s system would have achieved the predictable result of adding a material analysis system prior to Lin’s feeding channel 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
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/P DEREK PRESSLEY/Examiner, Art Unit 3725
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