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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 15, 2025 has been entered.
Response to Arguments
Applicant's arguments filed December 15, 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 newly found secondary reference Sanyal et al., (US 5,217,616), reads upon the amendments in combination with previous reference Tilz, (US 2016/0101993).
On pages 6-12 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 points to various excerpts in Tilz arguing that its spherical bodies formed of plates joined together do not necessarily demonstrate open pores or cells within the bodies themselves. Applicant argues that Tilz as a result would not pass the mixed liquid through the porous body and its open cell/pores as presently claimed. The Examiner finds Applicant’s remarks persuasive. Thus, the Examiner notes that newly found secondary reference Sanyal et al., (US 5,217,616), demonstrates similar porous open-cell bodies that clearly have open cells/pores designed to pass the liquid therethrough. The Examiner finds the remainder of Applicant’s remarks moot.
Specification
The disclosure is objected to because of the following informalities: 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 § 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) 1, 3-6 & 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tilz, (US 2016/0101993), in view of Sanyal et al., (US 5,217,616).
Claims 1, 3-6 & 8 are directed to a manufacturing method for an emulsion, a method type invention group.
Regarding Claims 1, 3-6 & 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]),
in which the porous body/filter is designed to emulsify the water phase and the oil phase, (See paragraph [0026], Tilz).
Tilz does not explicitly disclose that the porous body is configured to pass the mixed liquid therethrough to emulsify the water phase and the oil phase.
Sanyal discloses a method where the porous body is configured to pass the mixed liquid therethrough, (See column 8, lines 29-44, column 11, lines 1-25, column 12, lines 19-41, Sanyal).
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 that the porous body is configured to pass the mixed liquid therethrough as in Sanyal in order to provide “open or substantially open spaces”, (See column 6, lines 18-21, Sanyal), which produces “improved rate, efficiency and/or controllability…which are believed due to improved contact and distribution of liquid, gas and/or solid phases in process”, (See column 6, lines 34-39).
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; See column 11, lines 10-20, Sanyal), 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(s) 7 & 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tilz, (US 2016/0101993), in view of Sanyal et al., (US 5,217,616), in further 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, modified 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 modified 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, modified 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 modified 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
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.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779
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