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
Applicant’s amendment filed on October 14, 2025 has been considered. Claims 1-15 are currently pending.
Response to Arguments
Applicant’s arguments filed on October 14, 2025 have been fully considered. In particular, Applicant (at pages 7-8) argues that Uribe (US 2012/0202275 A1) fails to disclose or teach a ventilation resistance portion including a ventilation resistance layer “including some of the foam material mixed with rock wool”, now set forth in amended claim 1.
The argument is considered persuasive, and, therefore, the rejections under 35 U.S.C. 103 have been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Michimune et al. (JP 11-309334 A), which was cited in the IDS filed on November 8, 2022; Uribe; and the newly cited reference to Pride (US 2009/0078639 A1).
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, 2, 4, 5, 7, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Michimune et al. (JP 11-309334 A) in view of Uribe (US 2012/0202275 A1) and Pride (US 2009/0078639 A1).
Regarding claim 1, Michimune et al. discloses a microorganism deodorizing device (see FIG. 1 and translation) comprising:
a hollow deodorizing tank (i.e., a deodorization tank 1) accommodating a deodorizing material 9 comprising rock wool as a microorganism holding carrier, and that is configured to decompose and deodorize an odor component contained in air fed into the hollow deodorizing tank (i.e., via an odor supply port 4) using microorganisms living in the deodorizing material accommodated in the hollow deodorizing tank (i.e., microorganisms such as ammonium oxidizing bacteria, nitrifying bacteria, and denitrifying bacteria immobilized on the deodorizing material 9 function to biologically decompose the odor components of the air to make the air odorless; see paragraph [0016]);
wherein the hollow deodorizing tank 1 forms an airflow passage through which the air passes from one side (i.e., via the odor supply port 4 into a bottom of the deodorization tank 1; see paragraph [0019]) to an other side (i.e., to a top of the deodorization tank 1 and out through an opening 3 in communication with the outside air; see paragraph [0018]); and
the airflow passage is provided with:
a deodorizing unit (i.e., an upper layer 9a) in which the deodorizing material comprising rock wool is filled (see paragraph [0017]) and through which the air fed into the hollow deodorizing tank 1 flows;
a ventilation resistance portion (i.e., a lower layer 9b) including a ventilation resistance layer including some foam material mixed with rock wool and having a predetermined thickness (i.e., the lower layer 9b comprises a foamed elastic body as a foam material blended with rock wool, wherein the foamed elastic body has a high air permeability, and wherein the lower layer 9b exhibits a certain degree of ventilation resistance that is less than the ventilation resistance of a layer formed from rock wool alone; see FIG. 5; paragraphs [0017], [0025]), and that is arranged close to, or adjacent to, the deodorizing unit 9a; and
a chamber unit (i.e., a unit located at the bottom of the deodorization tank 1 and below the bed of deodorizing material 9 through which the air supplied by the odor supply port 4 is diffused through diffuser pipes 5 arranged in a lattice pattern on the entire bottom of the deodorization tank 1 to disperse the air over the entire surface; see also FIG. 2, paragraphs [0020]-[0021]) arranged close to, or adjacent to, the deodorizing unit 9a and/or the ventilation resistance portion 9b and configured as a chamber which temporarily stores the air fed into the hollow deodorizing tank 1;
wherein, in operation, the air fed to the hollow deodorizing tank 1 to be flowed through the airflow passage is spread in the chamber unit over a substantially entire surface of the deodorizing unit 9a as a result of the airflow resistance of the air flowing through the airflow passage being increased by the ventilation resistance portion 9b (i.e., the lower layer 9b comprising the blend of foam and rock wool imparts a certain degree of ventilation resistance to the air flowing through the deodorization tank 1, such that the air will be further spread or diffused in part by the materials of the lower layer 9b as the air flows from the diffuser pipes 5, through the lower layer 9b, and into the upper layer 9a comprising rock wool).
The microorganism deodorizing device of Michimune et al. is the same as the claimed device, except that Michimune et al. fails to disclose that the deodorizing unit (i.e., the upper layer 9a) is filled with a deodorizing material comprising foam material instead of rock wool; such that the ventilation resistance portion (i.e., the lower layer 9b comprising some foam material mixed with rock wool) has a higher airflow resistance that is higher than the deodorizing unit (i.e., the upper layer 9a comprising foam material, alone).
Uribe discloses a microorganism deodorizing device (i.e., a gas filtration system 100; see FIG. 1-2) comprising:
a hollow deodorizing tank (i.e., a filtration chamber 101) which accommodates a foam material as a microorganism holding carrier (i.e., a bioorganism fostering filtration material 254 of a filtration stage 108, wherein the material 254 is capable of fostering and supporting the growth of suitable filtration bioorganisms 118, and the material 254 suitably comprises cellular foam or sponge foam, see FIG. 2A-2B; paragraphs [0020], [0022], [0026]), and that is configured to decompose and deodorize an odor component contained in air fed into the tank (i.e., polluted air supplied via a gas inlet 104; see paragraph [0036]) using microorganisms 118 living in the foam material 254 accommodated in the hollow deodorizing tank (see paragraph [0026]);
wherein the deodorizing tank forms an airflow passage through which the air passes from one side (i.e., from the gas inlet 104 at a lower side) to an other side (i.e., to an exhaust pipe 140 in a cap section 103 of the housing 102; see FIG. 4; paragraphs [0038]-[0040]), and
the airflow passage is provided with:
a deodorizing unit in which the foam material is filled and through which the air fed into the hollow deodorizing tank flows (i.e., the upper portion comprising the bioorganism fostering filtration material 254, such as cellular foam or sponge foam; see paragraph [0022]);
a ventilation resistance portion including a ventilation resistance layer having a predetermined thickness (i.e., the lower portion comprising a layer of a structural filtration material 252 which is “material which provides rigidity, structure, and/or support to the other layers, and allows both gas and liquid to flow through the material”, such as non-woven nylon and cellular foam, see paragraph [0021]; the structural filtration material 252 inherently imparting a certain degree of ventilation resistance or pressure drop to the air flow) arranged close to, or adjacent to, the deodorizing unit 254 (see FIG. 1, 2A, 2B; paragraph [0023]); and
a chamber unit (i.e., a gas chamber of the gas inlet 104) arranged close to, or adjacent, to the deodorizing unit 254 and/or the ventilation resistance portion 252 and configured as a chamber which temporarily stores the air fed to the deodorizing tank.
Pride further recognizes that a problem with conventional deodorizing material such as rock wool is that “… rock wool tends to compact easily, especially when wet, producing relatively high back-pressure” (see paragraph [0005]). Such material becomes inefficient over time, with energy and maintenance costs increasing as a result of the closing of interstices in the material as it compacts and/or decomposes, with ensuing increased backpressure (see paragraph [0012]). Therefore, to overcome such problem, Pride discloses a deodorizing material comprising a foam material as a microorganism holding carrier (i.e., a sponge material such as cellulose sponge and/or PVA sponge; see paragraph [0021]), wherein the foam material is configured to decompose and deodorize an odor component contained in air using microorganisms living in the foam material (see paragraph [0003]). The foam material maintains a filter bed structure relatively unchanged for a longer period of time, facilitates high microbial activity, and creates a lower back pressure within the bed (see paragraph [0040]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute foam material for the rock wool filled in the deodorizing unit (i.e., in the upper layer 9a) in the microorganism deodorizing device of Michimune et al. because foam material would have also been considered a suitable deodorizing material for accommodating microorganisms used to decompose and deodorize an odor component contained in air fed to the deodorizing unit, as taught by Uribe et al., and the foam material would be expected to maintain the filter bed structure relatively unchanged for a longer period of time and with a lower back pressure relative to rock wool, which tends to compact easily, especially when wet, as taught by Pride.
Accordingly, in the modified microorganism deodorizing device of Michimune et al., the ventilation resistance portion (i.e., the lower layer 9b comprising some foam material mixed with rock wool) would exhibit a higher airflow resistance that is higher than the deodorizing unit (i.e., the upper layer 9a now comprising foam material, alone).
Regarding claim 2, Michimune et al. further discloses that the ventilation resistance portion (i.e., the lower layer 9b comprising the foamed elastic body blended with the rock wool; see FIG. 1) extends in a flow direction of the air flowing through the airflow passage and covers a substantially entire area of the airflow passage in a horizontal direction.
Regarding claim 4, Michimune et al. (see FIG. 1-2) further discloses that the chamber unit is arranged below the deodorizing unit 9a in the hollow deodorizing tank 1; the airflow passage is formed in a state of flowing the air (i.e., supplied via the odor supply port 4) upward from below the hollow deodorizing tank 1; and the chamber unit includes an introduction portion (i.e., a pipe of the odor supply port 4) configured to introduce the air into the chamber unit, and a diffusion passage (i.e., a passage defined by air diffusion pipes 5 arranged in a lattice shape on the whole surface of the bottom part of the deodorization tank 1; see FIG. 1-2; paragraph [0020]) formed as a flow passage for diffusing, in a horizontal direction, the air flowing in from the introduction portion.
Regarding claim 5, Michimune et al. (see FIG. 1-2) further discloses that the diffusion passage is formed by a plurality of U-shaped grooves (i.e., the air diffusion pipes 5 are formed by laying down U-shaped pipes 6 and arranging them at a predetermined interval 6a; see paragraph [0020]).
Regarding claims 7 and 11, Michimune et al. (see FIG. 1; paragraph [0022]) further discloses a water sprinkling pipe (i.e., a watering sprinkling pipe 10 with water spray ports 11) configured to introduce water to be sprinkled to the deodorizing material 9; and a water storage tank (i.e., a water storage tank buried underground and connected to the deodorizing tank 1 via a drain pipe 12) configured to store water that has been sprinkled by the water sprinkling pipe and that is arranged below the hollow deodorizing tank 1; wherein the water sprinkling pipe 10 is arranged along the hollow deodorizing tank 1 and is capable of circulating and sprinkling water stored in the water storage tank (i.e., the water accumulated in the water storage tank can be pumped back to the water sprinkling pipe 10 by operation of a drainage pump 15 connected to the water sprinkling pipe 10 by way of water supply pipes 16b, 16c).
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Michimune et al. (JP 11-309334 A) in view of Uribe (US 2012/0202275 A1) and Pride (US 2009/0078639 A1), as applied to claim 2 above, and further in view of Wessel et al. (DE 202008009666 U1).
Regarding claim 3, Michimune et al. fails to disclose that the ventilation resistance portion (i.e., the lower layer 9b comprising foamed elastic body blended with rock wool; see FIG. 1) includes a ventilation resistance protrusion protruding inward from a wall surface of the deodorizing tank 1.
Wessel et al. discloses a microorganism deodorizing device (i.e., a filter for purifying air on biological basis; see Figures; translation) comprising a hollow deodorizing tank which accommodates a porous material that functions as a microorganism holding carrier (i.e., a very porous material such as slag 13 and lava 12 having a surface structure that is an ideal place for the growth and activity of bacteria and enzymes; see translation); wherein the deodorizing tank forms an airflow passage through which air 9 passes from one side (i.e., from a lower side) to the other side (i.e., to an upper side). An upstream filter layer (i.e., the layer of slag 13) can be considered a ventilation resistance portion that increases ventilation resistance of the air 9 flowing through the airflow passage as the air flows towards a downstream filter layer (i.e., the layer of lava 12). Specifically, the ventilation resistance portion includes a ventilation resistance protrusion 1 protruding inward from a wall surface at an inner perimeter of the deodorizing tank (i.e., a contraption against marginalities 1, which is a device for deriving and controlling peripheral effects of the air 9 flow, thereby ensuring a uniform flow of the air 9 through the filter material and increasing the cleaning performance by a multiple; the device 1 is attached to an inner wall of the filter enclosure; see translation).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to include a ventilation resistance protrusion in the ventilation resistance portion in the modified microorganism deodorization device of Michimune et al. because the ventilation resistance protrusion would help control any peripheral effects of the air flow to ensure a uniform flow of the air through the deodorizing unit, thereby increasing the cleaning performance by a multiple, as taught by Wessel et al. (see translation).
Regarding claim 12, Michimune et al. (see FIG. 1; paragraph [0022]) further discloses a water sprinkling pipe (i.e., a watering sprinkling pipe 10 with water spray ports 11) configured to introduce water to be sprinkled to the deodorizing material 9; and a water storage tank (i.e., a water storage tank buried underground and connected to the bottom of the deodorizing tank 1 via a drain pipe 12) configured to store water that has been sprinkled by the water sprinkling pipe and that is arranged below the hollow deodorizing tank 1; wherein the water sprinkling pipe 10 is arranged along the hollow deodorizing tank 1 and is capable of circulating and sprinkling water stored in the water storage tank (i.e., the water accumulated in the water storage tank can be pumped back to the water sprinkling pipe 10 by operation of a drainage pump 15 connected to the water sprinkling pipe 10 by way of water supply pipes 16b, 16c).
Claims 6, 10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Michimune et al. (JP 11-309334 A) in view of Uribe (US 2012/0202275 A1) and Pride (US 2009/0078639 A1), as applied to claim 1, 4, or 5 above, and further in view of Park (KR 101206936 B1).
Regarding claim 6 and 10, Michimune et al. fails to disclose a fall prevention member having a substantially mesh shape configured to prevent the deodorizing material 9 from falling into the chamber unit and being arranged above the chamber unit.
Park discloses a microorganism deodorizing device (i.e., a biofilter deodorizer; see Figures; translation) comprising a deodorizing tank accommodating an organic-inorganic composite carrier layer B7 as a microorganism holding carrier; wherein the composite carrier layer B7 includes a polyurethane foam layer B71, a compost layer B72, and a bark layer B73. Specifically, Park discloses that the device further comprises a fall prevention member having a substantially mesh shape (i.e., a mesh B8 comprising mesh holes B81) configured to support the material of the composite carrier layer B7 and prevent the material from falling into a chamber (i.e., a collection space B11) disposed below the composite carrier layer B7.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further arrange a fall prevention member having a substantially mesh shape above the chamber unit in the modified microorganism deodorizing device of Michimune et al. because the fall prevention member would have prevented the deodorizing material from falling into the chamber unit, as taught by Park.
Regarding claim 13, Michimune et al. fails to disclose that the microorganism deodorizing device comprises a fall prevention member below the ventilation resistance layer 9b, and configured to prevent the deodorizing material 9 from falling into the chamber unit.
Park discloses a microorganism deodorizing device (i.e., a biofilter deodorizer; see Figures; translation) comprising: a deodorizing tank accommodating an organic-inorganic composite carrier layer B7 as a microorganism holding carrier; wherein the composite carrier layer B7 includes a polyurethane foam layer B71, a compost layer B72, and a bark layer B73.
Specifically, Park discloses that the microorganism deodorizing device further comprises a fall prevention member (i.e., a mesh B8) below the carrier layer B7, and configured to prevent the material of the carrier layer from falling into a chamber (i.e., into a collection space B11) disposed below the composite carrier layer B7.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further provide a fall prevention member below the ventilation resistance layer in the modified microorganism deodorizing device of Michimune et al. because the fall prevention member would have prevented the deodorizing material from falling into the chamber unit, as taught by Park.
Regarding claim 14, Park further discloses that the fall prevention member is formed of a flexible material in a mesh shape through which air passes (i.e., a mesh B8 with mesh holes B81 through which air passes).
Regarding claim 15, Michimune et al. also fails to further disclose a pallet below the fall prevention member, formed of a rigid material and having a plurality of gap portions in a lattice shaped through which the air passes.
Park further discloses a pallet (i.e., grating B9) below the fall prevention member B8, formed of a rigid material and having a plurality of gap portions in lattice shape (i.e., intersecting walls B92 defining through holes B91) through which the air passes.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further provide the pallet of Park below the fall prevention member in the modified microorganism deodorizing device of Michimune et al. because the pallet would have rigidly supported the fall prevention member and the deodorizing material within the deodorizing tank, as taught by Park.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Michimune et al. (JP 11-309334 A) in view of Uribe (US 2012/0202275 A1) and Pride (US 2009/0078639 A1), as applied to claim 1 or 2 above, and further in view of Naito et al. (JP 2005-013885 A).
Michimune et al. further discloses a deodorization treatment system comprising:
said microorganism deodorizing device (see FIG. 1);
a source of treated water (i.e., a source of fresh water (not shown); see paragraph [0028]); and
a water sprinkling unit (i.e., a unit according to FIG. 3, including a water sprinkling pipe 10 connected to the source of fresh water via a water pipe 16a, and a wastewater tank 13 connected to the water spray pipe 10 via a water pipe 16b and further connected to a water pipe 16e for discarding wastewater) configured to sprinkle a portion of the treated water to microorganisms in the microorganism holding carrier 9 by introducing the portion of the treated water (i.e., via the water pipe 16a) to the microorganism deodorizing device and to discard water that has been sprinkled by the water sprinkling unit and that has passed through the microorganism deodorizing device (i.e., wastewater removed from the deodorization tank 1 via a drain pipe 12 is delivered to the wastewater tank 13; the wastewater can then be discarded in a controlled manner through the water pipe 16e; see paragraph [0029]).
Michimune et al. fails to disclose that the system further comprises a sewage treatment facility as the source of the treated water (i.e., to supply the fresh water to the water pipe 16a), wherein the sewage treatment facility receives sewage from an inflow passage, performs purification treatment on the sewage, and discharges the treated water to an outflow passage. Michimune et al. also fails to disclose that the water that has been sprinkled (i.e., the sprinkled wastewater discarded through the water pipe 16e) is returned to an inflow passage side of the sewage treatment facility.
Naito et al. discloses a microorganism deodorizing device (see FIG. 1; translation) comprising: a deodorizing tank which accommodates a porous biological deodorization treatment layer 61 as a microorganism holding carrier (see paragraph [0014]), and configured to decompose and deodorize an odor component contained in the air (i.e., fed via an exhaust gas inlet 5) using microorganisms living in the treatment layer 61.
Naito et al. further discloses a deodorization treatment system comprising:
the microorganism deodorizing device;
a sewage treatment facility (i.e., a bioreactor 62 filled with a porous carrier carrying aerobic microorganisms and anaerobic microorganisms; see paragraph [0016]) that receives sewage from an inflow passage (i.e., via a branched passage connected to a switching device 22), performs purification treatment on the sewage (i.e., the bioreactor 62 performs a purification treatment on the water received from the liquid storage part 4), and discharges treated water to an outflow passage (i.e., via a discharge passage shown at the top of the bioreactor 62); and
a water sprinkling unit (i.e., a unit including a pipe equipped with a water discharge port 81 for discharging water in a shower-like manner; see paragraph [0015]) configured to sprinkle a portion of the treated water (i.e., a portion that is re-introduced upstream of a liquid sending pump 21; see paragraph [0018]) to microorganisms in the microorganism holding carrier 61 by introducing the portion of the treated water to the microorganism deodorizing device and to return the sprinkled water that has passed through the microorganism deodorizing device to an inflow passage side of the sewage treatment facility (i.e., the sprinkled water from the liquid storage part 4 is delivered via the pump 21 and the switching device 22 back to the bioreactor 62 for purification treatment of the sprinkled water, so that it can be reused again).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further provide the claimed sewage treatment facility in fluid communication with the modified microorganism deodorizing unit in the deodorization treatment system of Michimune et al. because the sprinkled water could then be treated and reused, instead of being discarded as wastewater, so that the amount of new water to be supplied to the device can be reduced or eliminated, and the load on the environment from the waste water can be reduced, as taught by Naito et al. (see paragraphs [0026], [0028], [0032]).
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.
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/JENNIFER A LEUNG/Primary Examiner, Art Unit 1774