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 Arguments
Applicant's arguments filed July 22, 2025 have been fully considered but they are not persuasive. Amendments to the current set of claims have changed the scope of the claimed invention, but the previously used prior art references still read upon the presently claimed invention.
On pages 1-2 of the Remarks section, Applicant argues against the previous 102 prior art rejection using Tilz, (US 2016/0101993), asserting that Tilz does not disclose “an open-cell porous body” with “communication holes” as currently claimed in independent Claims 1 & 9. Applicant argues that the filter element in Tilz is plastic plates, and would not be an open-cell porous body with communication holes. Applicant also argues that the filter elements 18 does not pass fluid through communication holes and that they would get clogged as a result. However, the Examiner notes that paragraph [0026] of Tilz demonstrates that the filter elements discussed here have a “porosity property” in the filter material in which liquids may diffuse. The Examiner notes that porosity indicates apertures or pores of some sort and diffusing liquid therethrough indicates that the liquid passes through the filter material pores demonstrating “communication holes” as well. For these reasons, the Examiner finds that Tilz reads upon this limitation and finds Applicant’s remarks here unpersuasive.
Specification
The disclosure is objected to because of the following informalities: please insert a “Cross-Reference to Related Applications” section listing the application filing numbers and dates of the applications to which this application claims priority. Please also insert the patent publication numbers and dates of these applications as well.
It is also suggested to amend the section headers in the application to better reflect the suggested section headers below.
Appropriate correction is required.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-6 & 8-11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tilz, (US 2016/0101993).
Claims 1-6 & 8 are directed to a manufacturing method for an emulsion, a method type invention group.
Regarding Claims 1-6 & 8, Tilz discloses a manufacturing method for an emulsion, (See Abstract, See paragraph [0002]), comprising circulating a mixed liquid containing a water phase and an oil phase in a circulation circuit including one or more tanks, (Tank 4, See Figure 1, See paragraph [0114]), a porous body, (Filter Elements 18/24, or Elements 38, See Figure 1, See paragraph [0123]-[0125]), liquid-delivering means, (Skimmer Suction Section 7a, See Figure 1, See paragraph [0195], [0115], [0116]), and circulation pipes configured to connect the one or more tanks, the porous body, and the liquid-delivering means, (Pipe 11, See Figure 1, See paragraphs [0115], [0116]), so that the mixed liquid passes through the porous body a plurality of times, (See paragraphs [0123]-[0125]), wherein the circulation circuit further includes a gas-separating device, (Ventilator 39, See Figure 1, See paragraphs [0126] & [0127]; or Automatic Level Control 17 has Valve, See Figure 1, See paragraph [0119]), and wherein the gas-separating device is configured to remove air bubbles from the mixed liquid therethrough, (See paragraphs [0126] & [0127]; or Automatic Level Control 17 has Valve, See Figure 1, See paragraph [0119]),
the porous body is an open-cell porous body having communication holes, (Filter Elements 18/24 in Filter 1, or Filter Elements 38 in Filter 2, See Figure 1, See paragraph [0114] & [0026]; The filter elements are formed of a filter material that have a porosity property in which liquids are diffused into said filter material which reads upon open-cell and communication holes),
wherein the porous body is held in a porous body holder, (Filter Elements 18/24 in Filter 1, or Filter Elements 38 in Filter 2, See Figure 1, See paragraph [0114]), and wherein when the mixed liquid passes through the porous body, the air bubbles in the mixed liquid are caused to gather in an upper portion of the porous body holder, and the air bubbles that have gathered are discharged through the gas-separating device arranged on the porous body holder, (Ventilator 39 on Filter 2, See Figure 1, See paragraphs [0123]-[0127]; or Automatic Level Control 17 has Valve, See Figure 1, See paragraph [0119]).
Additional Disclosures Included:
Claim 3: The manufacturing method according to claim 1, wherein the porous body is a tubular porous body, (Filter Elements 18/24 or 38 are arranged in tubular shaped Filters 1 or 2 forming a packed body that is tubular and moves, See Figure 1), and wherein the mixed liquid is passed from an outer peripheral surface side of the tubular porous body toward an inner peripheral surface side thereof or from the inner peripheral surface side toward the outer peripheral surface side, (See paragraphs [0123]-[0125]; fluid flows rotationally around filter elements from being introduced at an exterior to leaving at an interior), and the air bubbles in the mixed liquid are caused to gather in an upper portion of the tubular porous body, followed by discharge of the air bubbles that have gathered through the gas-separating device arranged on the porous body holder, (Ventilator 39 on Filter 2, See Figure 1, See paragraphs [0123]-[0127]; or Automatic Level Control 17 has Valve, See Figure 1, See paragraph [0119]).
Claim 4: The manufacturing method according to claim 1, wherein the mixed liquid is a preliminarily dispersed liquid having preliminarily dispersed therein the water phase and the oil phase, (Emulsion 5 with water and oil, See paragraph [0114], [0093]).
Claim 5: The manufacturing method according to claim 1, wherein the manufacturing method is a manufacturing method for an oil-in-water emulsion having oil droplets dispersed in a water phase thereof, (See paragraph [0037] & [0123]).
Claim 6: The manufacturing method according to claim 1, wherein the gas-separating device is a gas discharge valve, (Ventilator 39 on Filter 2 has Exhaust Valve 40, See Figure 1, See paragraphs [0123]-[0127]).
Claim 8: The manufacturing method according to claim 1, wherein the mixed liquid is free from being stirred in the one or more tanks, (Tank 4 is absent of mixer/agitator, See Figure 1).
Claims 9-11 are directed to a manufacturing apparatus for an emulsion, an apparatus or device type invention group.
Regarding Claims 9-11, Tilz discloses a manufacturing apparatus for an emulsion, (See Abstract, See paragraph [0002]), comprising: one or more tanks each configured to store a mixed liquid containing a water phase and an oil phase, (Tank 4, See Figure 1, See paragraph [0114]); a porous body configured to pass the mixed liquid therethrough to emulsify the water phase and the oil phase, (Filter Elements 18/24, or Elements 38, See Figure 1, See paragraph [0123]-[0125]); liquid-delivering means for delivering the mixed liquid, (Skimmer Suction Section 7a, See Figure 1, See paragraph [0195], [0115], [0116]); and circulation pipes configured to connect the one or more tanks, the porous body, and the liquid- delivering means to form a circulation circuit, (Pipe 11, See Figure 1, See paragraphs [0115], [0116]), wherein the porous body is held in a porous body holder, and wherein the porous body holder has arranged thereon a gas-separating device so that air bubbles derived from the mixed liquid, (Ventilator 39, See Figure 1, See paragraphs [0126] & [0127]; or Automatic Level Control 17 has Valve, See Figure 1, See paragraph [0119]), which gather in an upper portion of the porous body holder when the mixed liquid passes through the porous body, are able to be discharged, (See paragraphs [0126] & [0127], [0119]), and wherein the porous body is an open-cell porous body having communication holes, (Filter Elements 18/24 in Filter 1, or Filter Elements 38 in Filter 2, See Figure 1, See paragraph [0114] & [0026]; The filter elements are formed of a filter material that have a porosity property in which liquids are diffused into said filter material which reads upon open-cell and communication holes).
Additional Disclosures Included:
Claim 10: The manufacturing apparatus according to claim 9, wherein the porous body is a tubular porous body, and wherein the porous body holder has arranged thereon the gas-separating device so that the air bubbles derived from the mixed liquid, (Filter Elements 18/24 or 38 are arranged in tubular shaped Filters 1 or 2 forming a packed body that is tubular and moves, See Figure 1), which gather in an upper portion of the tubular porous body when the mixed liquid passes through the tubular porous body from an outer peripheral surface side thereof toward an inner peripheral surface side thereof or from the inner peripheral surface side toward the outer peripheral surface side, are able to be discharged, (See paragraphs [0123]-[0125]; fluid flows rotationally around filter elements from being introduced at an exterior to leaving at an interior; Ventilator 39 on Filter 2, See Figure 1, See paragraphs [0123]-[0127]).
Claim 11: The manufacturing apparatus according to claim 9, wherein the gas-separating device is a gas discharge valve, (Ventilator 39 on Filter 2 has Exhaust Valve 40, See Figure 1, See paragraphs [0123]-[0127]; or Automatic Level Control 17 has Valve, See Figure 1, See paragraph [0119]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 & 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tilz, (US 2016/0101993), in view of Petersen, (US 2005/0121375).
Claim 7 is directed to a manufacturing method for an emulsion, a method type invention group.
Regarding Claim 7, Tilz discloses the manufacturing method according to claim 1, but does not explicitly disclose wherein the gas-separating device is free from intaking air even when a pressure in the circulation circuit becomes negative.
Petersen discloses a method, (See Abstract, Petersen), wherein the gas-separating device is free from intaking air even when a pressure in the circulation circuit becomes negative, (See paragraphs [0024], [0025] & [0051]; using negative pressure, the fluid is conveyed into a tank where under a vacuum (negative pressure) the air is removed outside of the system).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of Tilz by incorporating wherein the gas-separating device is free from intaking air even when a pressure in the circulation circuit becomes negative as in Petersen in order to “preserve the accommodation, without adverse effect, the continuous or intermittent collection of mixed immiscible liquids…in any mix…without entrained air” and “their automatic discharge into their respective terminal facilities”, (See paragraph [0062], Petersen).
Claim 12 is directed to a manufacturing apparatus for an emulsion, an apparatus type invention group.
Regarding Claim 12, Tilz discloses the manufacturing apparatus according to claim 9, but does not explicitly disclose wherein the gas-separating device is free from intaking air even when a pressure in the circulation circuit becomes negative.
Petersen discloses an apparatus, (See Abstract, Petersen), wherein the gas-separating device is free from intaking air even when a pressure in the circulation circuit becomes negative, (See paragraphs [0024], [0025] & [0051]; using negative pressure, the fluid is conveyed into a tank where under a vacuum (negative pressure) the air is removed outside of the system).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus of Tilz by incorporating wherein the gas-separating device is free from intaking air even when a pressure in the circulation circuit becomes negative as in Petersen in order to “preserve the accommodation, without adverse effect, the continuous or intermittent collection of mixed immiscible liquids…in any mix…without entrained air” and “their automatic discharge into their respective terminal facilities”, (See paragraph [0062], Petersen).
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 JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached on 571-270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779