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 .
Response to Amendment
In response to the amendment received on 07/27/2026:
- currently, claim(s) 1-3, 17, and 23-24 is/are pending, with claim(s) 17 withdrawn from examination as being non-elected
- claim objection to claim 1 is withdrawn in light of the amendments
- all prior art grounds of rejection are maintained for the reasons set forth below
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2013-231244 to Horioka (hereinafter referred to as “HORIOKA”).
As to claim 1, HORIOKA teaches to a microwave apparatus (see HORIOKA at Fig. 1 and ¶14 for teaching a carbon fiber manufacturing apparatus 10) comprising:
a vessel inside which a treatment target moves (see HORIOKA at ¶19 for teaching that a plurality of stabilized PAN yarns 50 travels inside the absorbing and transmitting member 40; the carbon fiber manufacturing apparatus 10 comprising the outer wall 20 is read to define a vessel);
a microwave irradiating unit including first and second irradiating portions that irradiate an internal portion of the vessel with microwaves (see HORIOKA at Fig. 1 and ¶15 for teaching a plurality of magnetrons 22 for introducing microwaves into the outer wall 20 are provided on the outer peripheral surface of the outer wall 20; see HORIOKA at Fig. 2 for teaching a plurality of magnetrons 22; any two of the plurality of magnetrons 22 are read as first and second irradiating portions); and
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Fig. 2 of HORIOKA
a heat generating member that is provided inside the vessel along a first portion of a movement path of the treatment target (see HORIOKA at Fig. 1 for teaching the absorbing and transmitting member 40 that is provided inside the vessel along a first portion of a movement path of the treatment target), and is not provided in a second portion along the movement path (see HORIOKA at the modified Fig. 2 above and at ¶25 for teaching that the magnetrons 22 mounted on the circumference thereof along the movement path in a staggered manner, wherein a predetermined length of break, such as a 20-centimeter interval, may be provided as another embodiment; accordingly, the absorbing and transmitting member 40 is not provided inside the vessel along a second portion along the movement path), wherein the heat generating member generates heat by absorbing part of microwaves used for irradiation by the microwave unit, and transmits part of the microwaves (see HORIOKA at ¶19 for teaching the hollow cylindrical absorption and transmitting member that absorbs at least a part of the microwave from the magnetron 22 to generate heat and transmits at least a part of the microwave),
wherein the microwave irradiating unit, within a gas containing oxygen (see HORIOKA at ¶2 for teaching carbon fiber production in an oxidizing atmosphere; in light of HORIOKA at ¶2, stabilizing, or oxidizing, polyacrylonitrile in an environment containing reactive oxygen gas, such as air, for cross-linking prior to carbonization at higher temperatures under inert gas is not contrary to what is known in the art of carbon fiber production), irradiates the first portion of the movement path in which the heat generating member is provided with microwaves, thereby heating the heat generating member (see HORIOKA at Fig. 1 for teaching the absorbing and transmitting member 40 that is provided inside the vessel along a first portion of a movement path of the treatment target), and irradiates the second portion of the movement path in which heat generating member is not provided with microwaves, thereby heating the treatment target (see HORIOKA at the modified Fig. 2 above and at ¶25 for teaching that the magnetrons 22 mounted on the circumference thereof along the movement path in a staggered manner, wherein a predetermined length of break, such as a 20-centimeter interval, may be provided as another embodiment; accordingly, the movement path’s second portion that is not provided with microwaves is irradiated, thereby heating the PAN yarn 50).
As to claim 2, HORIOKA teaches the apparatus, wherein the heating medium is a uniform material (see HORIOKA at ¶20 for teaching that the absorbing and transmitting member 40 is, for instance, a silicon carbide; the uniformity under the broadest reasonable interpretation is interpreted as comprising a single type of material).
As to claim 23, HORIOKA teaches the apparatus, further comprising:
a first sensor that acquires information of temperature of the heat generating member; and a second sensor that acquires information of temperature of the temperature target (see HORIOKA at ¶23 for teaching at least two probes for measuring temperature of the heat generating member, wherein the probes placed in the tip of the quartz fibers may detect the temperature difference of the heating medium of the heat generating member along the traveling direction),
wherein feedback control on power of the first and second irradiating portions is performed using the information of temperature acquired by the first and second sensors (see HORIOKA at ¶34 for teaching a monitor using quartz fiber, used or adjustment, monitoring, and feedback, wherein the output of the microwave power supply is reduced upon detecting an arc discharge)
As to claim 24, HORIOKA teaches the apparatus, wherein the treatment target is a precursor fiber of a carbon fiber, and the microwave treatment apparatus is for use in flame-resistance treatment on the precursor fiber (see HORIOKA at ¶2 for teaching a non-combustible process of heat-treating PAN yarn for producing carbon fiber using PAN yarn).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over HORIOKA, as applied to claim 1 above.
As to claim 3, while HORIOKA teaches the microwave treatment apparatus as set forth above, HORIOKA fails to explicitly teach the microwave treatment apparatus further comprising a gas supply unit that supplies predetermined gas into the heat generating member as claimed.
However, HORIOKA teaches to oxidative stabilization prior to the carbonization of the polymer precursor (see HORIOKA at ¶2 and ¶3 for teaching the step of forming stabilized PAN yarn by a non-combustible process of heat-treating PAN yarn at 200 to 300 °C in an oxidizing atmosphere, such as using air that has oxygen) and to providing an inert environment for the carbonization at more than 1000 °C (see HORIOKA at ¶19 for teaching that the inside of the absorbing and transmitting member 40 is maintained in an inert gas atmosphere such as nitrogen or argon). The microwave treatment apparatus of HORIOKA can comprise of some gas supply unit configured to supply gas to the absorbing and transmitting member. Because HORIOKA teaches that such materials were operable, it would have been obvious to one of ordinary skill in the art at the time of invention to have used the microwave treatment apparatus of HORIOKA with some gas supply unit with a reasonable expectation of success.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the microwave treatment apparatus of HORIOKA with some gas supply unit for absorbing microwaves and transmitting heat to the polymer precursor comprising the PAN yarn as suggested by HORIOKA so as to allow for transmittance of the heat to the PAN yarn under either oxidizing or inert atmosphere in producing carbon fiber as taught by HORIOKA.
Response to Arguments
Applicant's arguments filed 07/27/2026 have been fully considered but they are not persuasive.
Specifically, the Applicant argues that HORIOKA fails to teach claim 1 as amended since HORIOKA at ¶25 teaches an embodiment of the microwave treatment apparatus in which the sixteen cylindrical casings thus produced are sequentially joined seamlessly, resulting in a configuration in which the transmitting member 40 is always provided with the microwaves when the target is treated (see Remarks at pg. 5, ¶2). However, for at least the following reasons the Examiner must respectfully disagree.
As set forth above, the Examiner has rejected claim 1 as amended based on another embodiment taught by HORIOKA in which, as can be seen in the modified Fig. 2 above and at ¶25, the magnetrons 22 are mounted on the circumference thereof along the movement path in a staggered manner, wherein a predetermined length of break, such as a 20-centimeter interval, may be provided between each cylindrical casings; accordingly, the staggering position and/or the intervals result in another configuration such that the absorbing and transmitting member 40 is not provided inside the vessel along a second portion along the movement path.
Consequently, for at least these reasons, the Examiner is of the opinion that the art as currently applied still reads on the claim as amended and finds the applicant’s arguments as unpersuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN LEE whose telephone number is (703)756-1254. The examiner can normally be reached M-F, 7:00-16:00.
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/JOHN LEE/Examiner, Art Unit 1794
/BRYAN D. RIPA/Primary Patent Examiner, Art Unit 1794
