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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5 January 2026 has been entered.
Response to Amendment
Claims 1, 8, 12, and 15 have been amended. Claims 1-20 are pending. In the previous action (Final Rejection filed on 4 August 2025), claims 5-6, 8-14, and 17-19 were indicated as containing allowable subject matter. In response to the amendments to the claims, the rejections under 35 USC 112(b) of claims 8 and 12 are withdrawn.
Response to Arguments
Applicant argues that the amendments to claims 1, 8, and 15 make it clear which inner diameters and lengths are implicated by the claims based on the pressure of the compressed gas (Remarks, p. 6-7, bridging paragraph).
In response, the recitation of a compressed gas that has a predefined pressure, with each inlet nozzle having an inner diameter and a length that are selected based on the predefined pressure so as to accelerate the flow of the compressed gas to or below the dew point thereof where the liquid precipitates from the gas (Remarks, p. 6-7) does not define nozzle diameter and length with sufficient clarity because claim 1 recites a separator and claim 15 recites a plate, so each claim is directed to an apparatus, yet these limitations relate to the conditions of use of the apparatus rather than clearly defined features of the apparatus itself. For example, “a compressed gas that has a predefined pressure” recites an article worked upon and an operating condition, neither of which are clearly limiting of a separator or plate that works upon the compressed gas. Furthermore, the recited basis or process upon or through which an inner diameter and a length were selected does sufficiently clarify what inner diameters and lengths are within the scope of the claim and which are not. In addition, “so as to accelerate the flow of the compressed gas to or below the dew point thereof where the liquid precipitates from the gas” can be interpreted as a basis for the selection of the dimensions, or as an intended use, or as a method step. None of these interpretations would clearly define the dimensions of inner diameter and length which fall within the scope of the claim. Lastly, as dew point is the temperature and pressure at which a gas mixture begins condensing to form a liquid phase, it is unclear how “to accelerate . . . to or below a dew point” further limits the claim beyond what “where the liquid precipitates from the gas” does, i.e., if “to accelerate . . . to or below a dew point” has a meaning for the structure of the apparatus beyond the intention to use it to precipitate liquid, it is unclear what that additional meaning is and how it clarifies the intended inner diameter and length values since dew point is dependent upon operating conditions. See (Cleveland et al. (2009). Dictionary of Energy (Expanded Edition). (pp. 134). Elsevier.).
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Regarding claim 8, the claim remains indefinite for the reasons discussed above since, even though the claim is directed to a method, the parallel text in the claim appears to recite properties of the inlet nozzles used in the method (i.e., structural limitations of an apparatus used in the method), rather than a distinct step of the method.
Therefore, the rejections are maintained herein.
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.
Claims 1-20 are 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.
Claim 1: The claim recites, “the compressed gas having a predefined pressure . . . each inlet nozzle having an inner diameter and a length that are selected based on the predefined pressure so as to accelerate the flow of the compressed gas to or below a dew point thereof where the liquid precipitates from the gas.” These limitations are unclear because it is unclear if Applicant intends by this text to define ranges of inner diameters and lengths which fall within the scope of the claim, and if so, it would be unclear to the skilled practitioner what precise values of these dimensions fall within the scope of the claim. It is noted that, as dew point is the temperature and pressure at which a gas mixture begins condensing to form a liquid phase, it is unclear how “to accelerate . . . to or below a dew point” can be interpreted as defining the intended inner diameter and length values since dew point is dependent upon operating conditions. See (Cleveland et al. (2009). Dictionary of Energy (Expanded Edition). (pp. 134). Elsevier.).
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Because the functional limitations apparently defining the nozzle dimensions include operational parameters that can vary, the metes and bounds of the claimed nozzle dimensions are unclear. See MPEP 2173.05(b)(II).
Claims 2-7 are rejected because of their dependence from claim 1.
Claim 15 is rejected upon the same basis as claim 1.
Claims 16-20 are rejected because of their dependence from claim 15.
Claim 8: It is unclear if “separating the liquid from the compressed gas” (line 12) refers to “the liquid” in line 11 since “where the liquid precipitates from the gas” is recited in the context of a claimed intention for the selection (“that are selected so as to”) of the inner diameter and the length, which presumably occurs before the “receiving” step, without explicitly reciting a step of precipitating liquid from gas during the “accelerating” step. Therefore, it is unclear if “the liquid” in line 12 refers to “a liquid” (line 6) or “the liquid” (line 11).
Further regarding claim 8, it is unclear if “each inlet nozzle having an inner diameter and a length that are selected based on the predefined pressure so as to accelerate the flow of the compressed gas therethrough to or below a dew point thereof where the liquid precipitates from the gas” is intended to recite a positive step of the method in which an inner diameter and a length are selected, or if this text is meant to recite a configuration of the nozzles used in carrying out the method, i.e., it is unclear if “that are selected” is intended to recite a method step of selecting or if lines 9-11 are functional language intended to implicitly describe the structure of each inlet nozzle used in the method, in which case the metes and bounds of the inner diameter and the length are unclear.
For the purposes of examination only, the claim is interpreted as requiring a method step of precipitating liquid from the gas during the accelerating step.
Claims 9-14 are rejected because of their dependence from claim 8.
Claim 6 recites, “the plurality of inlet nozzles accelerate the flow of compressed gas to a supersonic speed in an adiabatic and isentropic manner.” Since the nozzles are interpreted to be features of a plate having an inner diameter and a length (claim 1) (i.e., a fixed structure that provides a compressed gas ingress), the claim is interpreted as reciting a method step describing the relationship between the compression of the gas (i.e., an operating condition when using the separator) and the dimensions of the nozzles. However, the claim depends from claim 1, which recites a separator rather than a method. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite. See MPEP 2173.05(p)(II).
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.
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.
Claims 1-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Holm (US 6,290,738 B1) in view of Herman et al. (US 2016/0032798 A1), and as evidenced by Zuerker et al. (US 2017/0014745 A1).
Regarding claim 1, Holm discloses a gas-liquid separator 10 (Fig. 1; col. 2, line 8) for a gas-liquid stream 12 from a crankcase (col. 2, lines 24-25), which is known in the art to be compressed air from a compressor, as evidenced by Zuerker ([0001]) (i.e., a compressed gas and liquid separator) comprising:
a vertical housing 20 having an end at an inlet 22 (col. 2, line 24) and an end at an outlet (col. 2, line 26) (i.e., a shell adapted to be vertically oriented in use, the shell having an inlet end and an outlet end and defining a separating chamber therein);
a nozzle structure 28 with a plurality of nozzles or holes 30 in a plate coupled to the inlet end for accelerating the gas-liquid stream (Figs. 1, 6; col. 2, lines 27-30) (i.e., an inlet plate coupled to the inlet end of the shell, the inlet plate providing a compressed gas ingress for receiving a flow of compressed gas into the separating chamber; a plurality of inlet nozzles disposed in the inlet plate);
an inertial collector 32 that causes the stream to experience a sharp directional change (col. 2, lines 30-32) and a pass-through filter 48 (col. 3, line 4), each to separate liquid particles (col. 2, line 45; col. 3, line 5) (i.e., one or more separating baffles positioned within the separating chamber above the compressed gas ingress, the one or more separating baffles providing a means for separating the liquid from the compressed gas); and
the outlet 24 in a top plate of the shell 20 (Fig. 1) (i.e., an outlet plate coupled to the outlet end of the shell, the outlet plate providing a compressed gas egress out of the separating chamber).
However, Holm does not explicitly recite (i) the compressed gas having a predefined pressure and including a liquid in vapor form therein; (ii) each inlet nozzle having an inner diameter and a length that are selected based on the predefined pressure so as to accelerate the flow of the compressed gas (iii) to or below a dew point thereof where the liquid precipitates from the gas.
Regarding (i), since recitation of the compressed gas and its included vapor at a predefined pressure does not appear to imply a limitation of the physical structure of the claimed separator, this text is not given weight that limits the claim. The inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. It is further noted that apparatus claims cover what a device is, not what a device does. See MPEP 2114(II). See also MPEP 2112.01(I) (“when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent”).
Regarding (ii), Herman discloses an air-oil separator (Figs. 1, 2; Title) comprising impactor nozzles 104 that accelerate a compressed gas toward an impaction surface 106 ([0034]; [0038]: “pressurized”: [0062]: “compressor”). Herman teaches that the impactor nozzles have a diameter of 3 mm and a height of 3.3 mm ([0038]) (i.e., an inner diameter and a length) to create a strong vacuum to accelerate the gases ([0034]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the separator of Holm by providing each inlet nozzle with an inner diameter and a length that are selected so as to accelerate the flow of compressed gas as taught by Herman because (1) Holm teaches nozzles that accelerate a fluid stream (Holm, col. 2, lines 26-30) but does not specify the nozzle dimensions; and (2) it was known that nozzles having a diameter of 3 mm and a height of 3.3 mm are effective to accelerate a compressed gas (Herman, [0034], [0038]). Regarding “that are selected based on the predefined pressure,” this language is interpreted to be functional language, as this text does not appear to imply any limitation on the structure of the separator, i.e., the claim of a prior selection and the motivation for the selection do not appear to suggest any particular dimension. It is noted that it is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by Applicant. See MPEP 2144 (IV).
Regarding (iii), since dew point is dependent upon operating conditions and is not controllable by the claimed separator when it is not operating, these limitations are interpreted as relating to a manner of operating the separator, and the separator of Holm in view of Herman is interpreted as being capable of accelerating a compressed gas to or below a dew point thereof such that the liquid precipitates from the gas, absent objective evidence to the contrary. See MPEP 2112.01(I) (“when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent”). See also See MPEP 2114 (IV) (“Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function.”).
Regarding claim 2, Holm teaches a drain 50 for separating separated fluid (col. 3, lines 7-9) (i.e., further comprising a side drain disposed in the inlet plate proximate to the shell, the side drain facilitating removal of the separated liquid from the separating chamber).
Regarding claim 3, Holm teaches nozzles 104 arranged symmetrically on a plate (Fig. 6; col. 4, line63), and Herman teaches a symmetrical arrangement of nozzles on a plate (Fig. 2) (i.e., wherein the plurality of inlet nozzles are arranged in a symmetrical pattern on the inlet plate).
Regarding claim 4, both Holm (Figs. 1, 6) and Herman (Fig. 2) teach nozzles disposed in a plate at an inlet or ingress (i.e., wherein the plurality of inlet nozzles are formed in a multi-nozzle plate that is disposed in the inlet plate).
Regarding claim 7, Holm teaches a plurality of nozzles (col. 2, line 28), with two depicted (Fig. 1) (i.e., wherein the plurality of inlet nozzles includes two or more inlet nozzles).
Claims 15-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Holm in view of Herman, and as evidenced by Zuerker.
Regarding claim 15, Holm discloses a nozzle structure 28 a plurality of nozzles or holes 30 in a plate at an inlet 22 of a gas-liquid separator 10 (Fig. 1; col. 2, lines 8, 24-30) for a gas-liquid stream 12 from a crankcase (col. 2, lines 24-25), which is known in the art to be compressed air from a compressor, as evidenced by Zuerker ([0001]) (i.e., a plate configured to provide an inlet for a compressed gas and liquid separator, the plate comprising a first inlet nozzle disposed in the plate for receiving a flow of compressed gas, and at least one additional inlet nozzle disposed in the plate for receiving the compressed gas).
However, Holm does not explicitly disclose (i) the compressed gas having a predefined pressure and including a liquid in vapor form therein; (ii) the first inlet nozzle having an inner diameter and a length that are selected so as to accelerate the flow of compressed gas (iii) to or below a dew point thereof where the liquid precipitates from the gas; or (iv) each of the at least one additional inlet nozzle having an inner diameter and a length that are selected based on the predefined pressure so as to accelerate the flow of the compressed gas to or below the dew point thereof where the liquid precipitates from the gas.
Regarding (i), since recitation of the compressed gas and its included vapor at a predefined pressure does not appear to imply a limitation of the physical structure of the claimed plate, this text is not given weight that limits the claim. The inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. It is further noted that apparatus claims cover what a device is, not what a device does. See MPEP 2114(II). See also MPEP 2112.01(I) (“when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent”).
Regarding (ii), Herman discloses an air-oil separator (Figs. 1, 2; Title) comprising impactor nozzles 104 that accelerate a compressed gas toward an impaction surface 106 ([0034]; [0038]: “pressurized”: [0062]: “compressor”). Herman teaches that the impactor nozzles have a diameter of 3 mm and a height of 3.3 mm ([0038]) (i.e., an inner diameter and a length) to create a strong vacuum to accelerate the gases ([0034]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the nozzle structure of Holm by providing (ii) a first inlet nozzle having an inner diameter and a length that are selected so as to accelerate the flow of compressed gas as taught by Herman because (1) Holm teaches nozzles that accelerate a fluid stream (Holm, col. 2, lines 26-30) but does not specify the nozzle dimensions; and (2) it was known that nozzles having a diameter of 3 mm and a height of 3.3 mm are effective to accelerate a compressed gas (Herman, [0034], [0038]).
Regarding (iii), since dew point is dependent upon operating conditions and is not controllable by the claimed separator when it is not operating, these limitations are interpreted as relating to a manner of operating the separator, and the separator of Holm in view of Herman is interpreted as being capable of accelerating a compressed gas to or below a dew point thereof such that the liquid precipitates from the gas, absent objective evidence to the contrary. See MPEP 2112.01(I) (“when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent”). See also See MPEP 2114 (IV) (“Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function.”).
Regarding (iv), since Holm teaches plural nozzles (col. 2, line 28), it would have been obvious for the skilled practitioner of Holm in view of Herman to provide a nozzle configured the same as another nozzle. Regarding “that are selected based on the predefined pressure,” this language is interpreted to be functional language, as this text does not appear to imply any limitation on the structure of the plate, i.e., the claim of a prior selection and the motivation for the selection do not appear to suggest any particular dimension. It is noted that it is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by Applicant. See MPEP 2144 (IV).
Regarding claim 16, Holm teaches nozzles 104 arranged symmetrically on a plate (Fig. 6; col. 4, line63), and Herman teaches a symmetrical arrangement of nozzles on a plate (Fig. 2) (i.e., wherein the first inlet nozzle and the at least one additional inlet nozzle are arranged in a symmetrical pattern on the plate).
Regarding claim 20, Holm teaches a plurality of nozzles (col. 2, line 28), with two depicted (Fig. 1) (i.e., wherein the at least one additional inlet nozzle comprises two or more inlet nozzles).
Claim Objections
Claims 5-6 and 17-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
A thorough search for pertinent prior art did not locate any prior art that discloses or suggests the invention recited in claims 5-6, 8-14, and 17-19.
The concept of a compressed gas and liquid separator, comprising:
a shell adapted to be vertically or horizontally oriented in use, the shell having an inlet end and an outlet end and defining a separating chamber therein; an inlet plate coupled to the inlet end of the shell, the inlet plate providing a compressed gas ingress for receiving a flow of compressed gas into the separating chamber, the compressed gas having a predefined pressure and including a liquid in vapor form therein; a plurality of inlet nozzles disposed in the inlet plate, each inlet nozzle having an inner diameter and a length that are selected based on the predefined pressure so as to accelerate the flow of the compressed gas to or below a dew point thereof where the liquid precipitates from the gas; one or more separating baffles positioned within the separating chamber above the compressed gas ingress, the one or more separating baffles providing a means for separating the liquid from the compressed gas; and an outlet plate coupled to the outlet end of the shell, the outlet plate providing a compressed gas egress out of the separating chamber (claim 1);
further comprising a divider cone coupled to the compressed gas ingress, the divider cone having a size and shape selected to decelerate the flow of compressed gas and direct the decelerated flow of compressed gas into the separating baffles (claim 5); or
wherein the plurality of inlet nozzles accelerate the flow of compressed gas to a supersonic speed in an adiabatic and isentropic manner (claim 6).
is considered to define patentable subject matter over the prior art.
In addition, the concept of a method of separating gas and liquid, comprising:
providing a shell adapted to be vertically or horizontally oriented in use, the shell having an inlet end and an outlet end and defining a separating chamber therein, and a compressed gas egress out of the separating chamber at the outlet end of the shell; receiving a flow of compressed gas immediately into the separating chamber through a compressed gas ingress at the inlet end of the shell, the compressed gas having a predefined pressure and including a liquid in vapor form therein; accelerating the flow of compressed gas through a plurality of inlet nozzles disposed at the compressed gas ingress, each inlet nozzle having an inner diameter and a length that are selected based on the predefined pressure so as to accelerate the flow of the compressed gas therethrough to or below a dew point thereof where the liquid precipitates from the gas; and separating the liquid from the compressed gas at one or more separating baffles positioned within the separating chamber above the compressed gas ingress (claim 8)
is considered to define patentable subject matter over the prior art.
Lastly, the concept of a plate configured to provide an inlet for a compressed gas and liquid separator, the plate comprising: a first inlet nozzle disposed in the plate for receiving a flow of compressed gas, the compressed gas having a predefined pressure and including a liquid in vapor form therein, the first inlet nozzle having an inner diameter and a length that are selected so as to accelerate the flow of compressed gas to or below a dew point thereof where the liquid precipitates from the gas; and at least one additional inlet nozzle disposed in the plate for receiving the compressed gas, each of the at least one additional inlet nozzle having an inner diameter and a length that are selected based on the predefined pressure so as to accelerate the flow of the compressed gas to or below the dew point thereof where the liquid precipitates from the gas (claim 15);
wherein the plate is a first plate, further comprising a second plate disposed in the first plate, wherein the first inlet nozzle and the at least one additional inlet nozzle are formed in the second plate (claim 17); or
further comprising a side drain disposed in the plate proximate to an outer edge thereof, the side drain facilitating removal of liquid that has been separated from the compressed gas out through a side of the plate (claim 19)
is considered to define patentable subject matter over the prior art.
The closest prior art is Holm (US 6,290,738 B1), which discloses a gas-liquid separator 10 (Fig. 1; col. 2, line 8) for a gas-liquid stream 12 from a crankcase (col. 2, lines 24-25) comprising:
a vertical housing 20 having an end at an inlet 22 (col. 2, line 24) and an end at an outlet (col. 2, line 26);
a nozzle structure 28 with a plurality of nozzles or holes 30 in a plate coupled to the inlet end for accelerating the gas-liquid stream (Figs. 1, 6; col. 2, lines 27-30);
an inertial collector 32 that causes the stream to experience a sharp directional change (col. 2, lines 30-32) and a pass-through filter 48 (col. 3, line 4), each to separate liquid particles (col. 2, line 45; col. 3, line 5); and
the outlet 24 in a top plate of the shell 20 (Fig. 1).
However, Holm does not suggest a divider cone coupled to a compressed gas ingress having a size and shape selected to accelerate a flow of gas (claims 5); a method in which a gas including liquid is compressed and accelerated such that the liquid precipitates (claim 8); a second plate disposed in a first plate, wherein the first inlet nozzle and the at least one additional inlet nozzle are formed in the second plate (claim 17); or a side drain disposed in a nozzle plate proximate to an outer edge thereof, the side drain facilitating removal of liquid that has been separated from the compressed gas out through a side of the plate (claim 19).
Regarding 6, Shaikh et al. (US 2018/0369711 A1) teaches a nozzle for accelerating a gas mixture at supersonic speeds through a converging-diverging nozzle results in an expansion that initiates the formation of small droplets of condensate ([0009]). However, it would not have been obvious to modify the embodiment taught by Holm to operate in this manner since Holm operates under the principle of inertial impaction (col. 1, line 24) rather than supersonic expansion.
Claims 5-6 and 17-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL E GITMAN whose telephone number is (571)272-7934. The examiner can normally be reached M-Th 7:15-5:45pm.
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/GABRIEL E GITMAN/Primary Examiner, Art Unit 1772