DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 22 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 22, it is unclear whether or not “a sorbent binder material” is the same binder material recited in claim 1.
Regarding claim 22, the language “comprises 80% greater by weight” is unclear and indefinite.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3-6, 8 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harada USPN 5,853,867.
Regarding claims 1 and 16, Harada discloses a system, comprising: a substrate/fluid contactor (column 4, lines 26-53: supporting member); and a fluid capture material formed on one or more surfaces of the substrate (column 4, lines 22-25: absorbent is coated on the substrate), wherein the fluid capture material comprises: a sorbent material configured to bind one or more fluids comprising water, carbon dioxide, sulfur oxides, or a combination thereof; a cross-linking agent; and one or more binder materials, wherein the one or more binder materials are at least partially cross-linked with the cross-linking agent (column 4, line 54 – column 5, line 10: the binder is the polymer cross-linked with the cross-linking agent).
Although Harada does not expressly state that the sorbent is for the purpose of binding gaseous fluids, including water, since the sorbent is described as being hydrophilic (column 9, lines 36-51), it is at least structurally capable of binding with some amount of water vapor from a gas. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.
Regarding claim 3, Harada discloses that the sorbent material comprises a polymeric resin (column 4, line 54 – column 5, line 10).
Regarding claim 4, Harada discloses that the cross-linking agent comprises one or more of a methacrylate reagent, an acrylate reagent, a vinyl ketone reagent, a vinyl reagent, or an allyl reagent (column 5, line 58 – column 6, line 9).
Regarding claim 5, Harada discloses that the cross-linking agent comprises polyacrylic acid (column 8, lines 23-38).
Regarding claim 6, Harada discloses that the one or more binder materials comprise, starch, silica, or a combination thereof (column 8, lines 23-38).
Regarding claims 8, 17 and 18, Harada discloses that a thickness of the fluid capture material is between 0.1 and 1.5 mm (column 7, lines 33-42).
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 2, 7, 9, 10 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Harada USPN 5,853,867.
Harada is relied upon as above.
Regarding claims 2, 7, 9, 19, 21 and 22, Harada does not disclose that fluid capture material comprises less than 15% by weight of the one or more binder materials, wherein a ratio of the cross-linking agent to the binder material is less than 25% or 1/3, wherein the fluid capture material comprises greater than 90% by weight of the sorbent material, or wherein the sorbent material is greater than 80% by weight binder material. Harada does disclose various weight percentages (Abstract). Absent a proper showing of criticality or unexpected results, the various weight percentages and ratios are considered to be general conditions that would have been routinely optimized by one having ordinary skill in the art in order to provide optimal strength and contaminant capture. MPEP 2144.05.
Regarding claims 10 and 20, Harada does not disclose that the binder material that is at least partially cross-linked comprises a cross-linked density that is greater than 10% or greater than 50%. Nevertheless, absent a proper showing of criticality or unexpected results, the cross-linked density is considered to be a general condition that would have been routinely optimized by one having ordinary skill in the art in order to provide optimal strength and contaminant capture. MPEP 2144.05.
Response to Arguments
Applicant's arguments filed 02/26/26 have been fully considered. The claim amendments have overcome the claim objection and 112(b) rejection. The arguments are not persuasive with respect to the 102 and 103 rejections. Applicant argues that since Harada discloses that the absorbent is for absorbing liquid water, it does not anticipate the claimed “sorbent material configured to bind one or more gaseous fluids”. Although Harada does not expressly state that the sorbent is for the purpose of binding gaseous fluids, including water, since the sorbent is described as being hydrophilic (column 9, lines 36-51), it is at least structurally capable of binding with some amount of water vapor from a gas. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHRISTOPHER P JONES whose telephone number is (571)270-7383. The examiner can normally be reached 9AM-6PM EST M-F.
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/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776
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