DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 on 05/19/2026 has been entered. Upon entering the submission, claim 1 is amended. Claims 1-9 are pending, and under examination on the merits.
Response to RCE Submission
Claim rejection under 35 U.S.C. §102(a)(1)
Applicant amended claim 1 by further limiting claimed adsorbent “wherein the weight of the acid or the base inside the fine pores is equal to or more than the weight of the porous body”. In addition, Applicant argued that the cited Nefzi is silent regarding any weight ratio between diatomaceous earth and hydrochloric acid. Nefzi's disclosure of cellulose-modified diatomaceous earth indicates, at most, that hydrochloric acid is used in connection with modification of Si-OH groups. Nefzi does not disclose an adsorbent in which hydrochloric acid remains present in an amount equal to or greater than the amount of diatomaceous earth. Indeed, Nefzi's manufacturing process includes a washing step that removes hydrochloric acid, which weighs against any conclusion that the final material contains hydrochloric acid in an amount equal to or greater than the diatomaceous earth. Applicant’s amendment and argument have been considered, and are sufficient to overcome the rejection. The rejection is hereby withdrawn.
Claim rejection under 35 U.S.C. §103(a)
Applicant amended claim 1 by further limiting claimed adsorbent “wherein the weight of the acid or the base inside the fine pores is equal to or more than the weight of the porous body”. In addition, Applicant argued that the cited Nefzi is silent regarding any weight ratio between diatomaceous earth and hydrochloric acid. Nefzi's disclosure of cellulose-modified diatomaceous earth indicates, at most, that hydrochloric acid is used in connection with modification of Si-OH groups. Nefzi does not disclose an adsorbent in which hydrochloric acid remains present in an amount equal to or greater than the amount of diatomaceous earth. Indeed, Nefzi's manufacturing process includes a washing step that removes hydrochloric acid, which weighs against any conclusion that the final material contains hydrochloric acid in an amount equal to or greater than the diatomaceous earth. In addition, none of the cited references (Kafy, the '502 publication, and the '114 patent), either alone or in combination, teaches or suggests the claimed integrated configuration. The cited references fail to teach and/or suggest the added limitation “wherein the weight of the acid or the base inside the fine pores is equal to or more than the weight of the porous body”. The rejection is hereby withdrawn.
Following rejections are necessitated by the new amendment filed 05/19/2026.
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 1-9 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 pre-AIA the applicant regards as the invention.
Specifically, claim 1 contains a phrase “one of an acid and a base with which inside of the fine pores of the porous body is impregnated to neutralize a target gas to generate a salt”, wherein the term “one of an acid and a base” is indefinite in light of the added limitation “wherein the weight of the acid or the base inside the fine pores is equal to or more than the weight of the porous body”. It seems the term “one of an acid and a base” should be replaced with “one of an acid or a base” because the added limitation cites “the weight of the acid or the base inside the fine pores”, but not “the weight of the acid and the base inside the fine pores”. Claims 2-9 depending on claim 1 are rejected, accordingly.
Conclusions
Claims 1-9 are rejected.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
/YONG L CHU/Primary Examiner, Art Unit 1731
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