Ex Parte Van Velsor

Patent Trial and Appeal Board

Mar 29, 2016

12924103 (P.T.A.B. Mar. 29, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/924,103 09/21/2010
7590
Lawson & Persson, P,C,
P.O. Box 712
Laconia, NH 03247-0712
03/30/2016
FIRST NAMED INVENTOR
Wesley Van Velsor
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
1237-01 lCIP 7526
EXAMINER
SORKIN, DAVID L
ART UNIT PAPER NUMBER
1774
MAILDATE DELIVERY MODE
03/30/2016 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL
AND APPEAL BOARD
Ex parte WESLEY VAN VELSOR
Appeal2014--005495
Application 12/924, 103
Technology Center 1700
Before CATHERINE Q. TIMM, BEVERLY A. FRANKLIN, and A VEL YN
M. ROSS, Administrative Patent Judges.
ROSS, Administrative Patent Judge.
DECISION ON APPEAL
Appellant seeks our review under 35 U.S.C. § 134 of the Examiner's
decision rejecting claims 1, 3-15, and 17-26. 1 We have jurisdiction over the
appeal under 35 U.S.C. § 6(b).
1 As indicated by the Examiner on page 4 of the Answer, the claims that are
pending are the claims as set forth in the Amendment filed on April 15,
2013. On page 21 of the Appeal Brief, Appellant states that an amendment
Appeal2014-005495
Application 12/924, 103
STATEivIENT OF THE CASE
Claims 1 and 18 are illustrative of Appellant's subject matter on
appeal, and are set forth below:
1. A portable system for heating an aggregate material,
wherein said aggregate material is at least partially made up of reclaimed
asphalt pavement, said system comprising:
a trailer sized and dimensioned to transport a conveyor belt, at least one
infrared chamber, a source of fuel, and at least one first mixer, wherein each
of said conveyor belt, at least one infrared chamber, source of fuel, and at
least one mixer is disposed upon said trailer, wherein:
said conveyor belt is in communication with a source of said
aggregate material, wherein said conveyor belt is adapted to convey
said aggregate material at a predetermined rate;
said at least one infrared chamber is disposed in substantially
parallel relation to said conveyor belt at a distance sufficient to allow
infrared heating of said aggregate material;
said at least one infrared chamber comprises an elevation unit
adapted to adjust the distance between said at least one infrared
chamber and said conveyor belt in an automated fashion such that said
distance is mechanically adjustable during operation of said at least
one infrared chamber;
was filed concurrently with the Appeal Brief. In the Advisory Action mailed
on January 9, 2014, the Examiner indicated that this amendment was not
entered. In the Reply Brief, Appellant requested that the amendment be
entered. Such a request is not under our jurisdiction. Therefore, the status
of the claims are as presented in the Amendment filed on April 15, 2013. In
addition, the Examiner indicated on page 3 of the Answer that claim 16 is no
longer rejected, so claim 16 is not subject to this appeal, and is allowable.
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Appeal2014-005495
Application 12/924, 103
said source of fuel is in communication with said infrared
chamber;
said at least one first mixer is dimensioned and disposed
relative to said conveyor belt so as to mix said aggregate material
during heating;
wherein said conveyor belt conveys said aggregate material
under said infrared chamber, fuel from said source of fuel flows to
said at least one infrared chamber, said infrared chamber bums said
fuel causing said infrared chamber to emit infrared radiation
therefrom, the infrared radiation heats a portion of said aggregate
material proximate to said infrared chamber, said at least one mixer
mixes said aggregate material such that heated and unheated
aggregate material are mixed together, and the infrared radiation
heats the mixed aggregate material to effectively heat and dry said
aggregate material.
18. The system as claimed in claim 1 further comprising a thermometer
disposed so as to detect a temperature of said aggregate material, wherein
said thermometer is in electrical communication with said elevation unit, and
wherein said elevation unit is adapted to accept a signal from said
thermometer and to adjust the elevation of said at least one infrared chamber
based upon said signal from said thermometer, such that the temperature of
said aggregate material is kept above 212°F and below 400°F.
The Examiner relies on the following prior art references as evidence
of unpatentability:
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Appeal2014-005495
Application 12/924, 103
Parker
Suzuki
Velsor
us 2, 772,083
US 6,393,730 Bl
US 2007 /0268778 Al
THE REJECTION
Nov. 27, 1956
May 28, 2002
Nov. 22, 2007
Claims 1, 3-15, and 17-26 are rejected under 35 U.S.C. §103(a) as
being unpatentable over Velsor in view of Parker and Suzuki.
ANALYSIS
As a preliminary matter, as stated by the Examiner on page 4 of the
Answer, because the status of the claims are as presented in the Amendment
filed on April 15, 2013, the Brief as written is relevant to claim 18, and
therefore, claim 18 is our focus herein. We affirm the rejection for the
findings and reasons stated by the Examiner in the record. We add the
following for emphasis.
Appellant presents arguments on pages 21-24 of the Appeal Brief.
Therein, Appellant argues that Suzuki does not teach the limitations of claim
18 regarding a thermometer disposed to detect a temperature of the
aggregate material, and which is in electrical communication with an
elevation unit that is adapted to accept a signal from the thermometer to
adjust its elevation such that the temperature of the aggregate material is
kept between a certain claimed temperature range. Appeal Br. 21-22.
However, as explained by the Examiner on page 4 of the Answer, the
Examiner relies upon V elsor for teaching a thermometer that measures the
temperature of the aggregate material. Velsor, [0049]. Velsor also teaches
that the thermometer is in electrical communication with a conveyor belt
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Application 12/924, 103
control, wherein the conveyor belt control is adapted to accept a signal from
the thermometer to control a speed of said conveyor belt based upon the
signal from said thermometer. Velsor, [0049] (suggesting a thermometer
that replaces hygrometer 70, which is taught to be in communication with a
conveyor control); see also claim 12 (reciting thermometer in electrical
communication with conveyor belt to control speed of the conveyor belt
based upon a signal from the thermometer). The Examiner explains that in
Velsor, the temperature of the aggregate is controlled by changing the speed
of the conveyor belt carrying the aggregate, rather than changing the
elevation of the infrared heater and the conveyor belt. Ans. 4.
The Examiner relies upon Suzuki for teaching to adjust the elevation
of a heater relative to that an alternate way to control temperature as an
alternative to changing the speed of the conveyor belt. Ans. 4--5.
In view of the above, we thus are unpersuaded by Appellant's
arguments. In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986 ("Non-
obviousness cannot be established by attacking references individually
where the rejection is based upon the teachings of a combination of
references."); In re Keller, 642 F.2d 413, 425 (CCPA 1981) (The test for
obviousness "is what the combined teachings of the references would have
suggested to those of ordinary skill in the art.").
We thus affirm the rejection.
DECISION
The rejection is affirmed.
TIME PERIOD
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No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a).
AFFIRMED
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