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
Applicants’ arguments with respect to claims 1 and 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-5 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Luiz (EP 1 849 854), copy provided with December 16, 2024 IDS In view of Dubovik (RU140088), copy provided with IDS filed June 10, 2026.
Regarding claim 1. A microwave treatment apparatus comprising:
Luiz discloses:
a vessel having a pillar-shaped hollow portion configured to contain a liquid-phase content, and an upper inner face that includes at least partial area whose height decreases along a direction from a central axis of the hollow portion to the periphery when the vessel is located such that a direction along the central axis is along a vertical direction(Fig. 1, 1 and 2); and
a waveguide having a portion protruding from the upper inner face into the hollow portion, and configured to introduce microwaves into the hollow portion (Fig. 1, 5 and portion extending from 5 to 2.).
Luiz does not disclose that 5 or 2 is a wave guide.
wherein the waveguide is provided such that a central axis of the waveguide is inclined relative to the central axis of the hollow portion.
However, Luiz discloses at [0008], Luiz discloses that 5 is a microwave generator, and that microwaves are directed to cavity. It would have been obvious to use a wave guide, which the portion between 5 and 1 appears to be, for the obvious benefit of directing the microwaves to the inside of the cavity for the obvious benefit of directing the microwaves to the desired target.
Furthermore in related art, Dubovik
Dubovik discloses:
wherein the waveguide is provided such that a central axis of the waveguide is inclined relative to the central axis of the hollow portion. See abstract, and fig. 1, 5 (waveguide) being inclined relative to 1. Dubovik discloses that the recited features provide the benefit of providing heat to viscous liquids, with the ability to adjust the inclination angle which allows the microwaves to be provided to various points in the vicious liquids. As such, it would have been obvious to modify the device of Luiz to include the adjustable waveguide of Dubovik, and the features of claim 1 would have been obvious to one having ordinary skill in the art.
Thus, the features of claim 1 would have been obvious to one having ordinary skill in the art.
Regarding claim 2.
Luiz discloses:
The microwave treatment apparatus according to claim 1, wherein the waveguide protrudes from the at least partial area of the upper inner face into the hollow portion. (Fig. 1, portion between 5 and 2 protrudes from the upper inner face of the container 1)
Regarding claim 3.
Luiz discloses:
The microwave treatment apparatus according to claim 1, wherein the at least partial area has a dome-like shape. (See Fig. 1, 2 having a dome shape).
Regarding claim 4.
Luiz discloses:
The microwave treatment apparatus according to claim 1, further comprising a microwave generator that generates microwaves, wherein microwaves generated by the microwave generator are introduced into the hollow portion via the waveguide. (fig. 1, 5)
Regarding claim 5.
Luiz discloses:
The microwave treatment apparatus according to claim 1, further comprising: a stirring shaft that penetrates the upper inner face of the vessel, and is coaxial with the central axis of the hollow portion; and a stirring blade that is connected to the stirring shaft. (Fig. 1, 3)
Regarding claim 7.
Luiz discloses:
The microwave treatment apparatus according to claim 6, wherein a plane including an opening at an end of the waveguide is perpendicular to the central axis of the hollow portion. (See Fig. 1, plane at opening of portion from 5 to 2 is perpendicular to central axis of 1)
Regarding claim 8.
Luiz discloses:
The microwave treatment apparatus according to claim 1, wherein a surface of the upper inner face of the hollow portion has good wettability to the content. ( Fig. 1 surface of 2 has a good wettability of 4)
Regarding claim 9.
Luiz discloses all of the features of claim 1.
Luiz does not disclose:
The microwave treatment apparatus according to claim 1, wherein the vessel includes an outer-pipe portion protruding outward from the vessel and having one end that is connected to the hollow portion at the upper inner face, and the waveguide includes an inner-pipe waveguide located inside the outer-pipe portion such that one end thereof protrudes from the upper inner face into the hollow portion.
However, the recited features are a mere change in shape and rearrangement of parts which has been held to be obvious. See MPEP 2144.04 (IV)(B). Here there is no evidence that the particular configuration is significant, and as such, would have been obvious as a mere design choice for the benefit of allowing the device to be used in a desired application.
Regarding claim 10.
Luiz discloses:
The microwave treatment apparatus according to claim 1, wherein the waveguide penetrates an opening formed through the vessel, and the waveguide is welded to the vessel at the opening.(Fig. 1, portion from 5 to 2 through top portion of 2)
Regarding claim 11.
Luiz discloses:
The microwave treatment apparatus according to claim 1, wherein the waveguide includes a waveguide outside the vessel and a waveguide inside the vessel, the waveguides facing each other at an opening formed through the vessel, and the waveguide inside the vessel is detachably attached to the vessel. (Portion from 5 to 2 including a portion outside 2 and inside 2. The portion attached to 2 is detachably attached, as it may be removed using any means, destructive or nondestructive.)
Regarding claim 12.
Luiz discloses
A microwave treatment method comprising:
a step of allowing a liquid-phase content(4) to flow into a pillar-shaped hollow portion included in a vessel(1) and configured to contain the content when the vessel is located such that a direction along a central axis of the hollow portion is along a vertical direction; and (See Fig. 1, central axis of 1 is along vertical direction of 1)
a step of irradiating the content with microwaves(5) emitted via a waveguide(portion from 5 to 2) having a portion protruding from an upper inner face of the vessel into the hollow portion(portion from 5 to 2 having a portion protruding into 2), wherein the upper inner face includes at least partial area whose height decreases along a direction from the central axis to the periphery(2 having a height as recited based on the dome shape).
Luiz does not disclose that 5 or 2 is a wave guide, or a height.
wherein the waveguide is provided such that a central axis of the waveguide is inclined relative to the central axis of the hollow portion.
However, at [0008], Luiz discloses that 5 is a microwave generator, and that microwaves are directed to cavity. It would have been obvious to use a wave guide, which the portion between 5 and 1 appears to be, for the obvious benefit of directing the microwaves to the inside of the cavity for the obvious benefit of directing the microwaves to the desired target.
Furthermore in related art, Dubovik
Dubovik discloses:
wherein the waveguide is provided such that a central axis of the waveguide is inclined relative to the central axis of the hollow portion. See abstract, and fig. 1, 5 (waveguide) being inclined relative to 1. Dubovik discloses that the recited features provide the benefit of providing heat to viscous liquids, with the ability to adjust the inclination angle which allows the microwaves to be provided to various points in the vicious liquids. As such, it would have been obvious to modify the device of Luiz to include the adjustable waveguide of Dubovik, and the features of claim 12 would have been obvious to one having ordinary skill in the art.
Thus, the features of claim 12 would have been obvious to one having ordinary skill in the art.
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 ROBERT G BACHNER whose telephone number is (571)270-3888. The examiner can normally be reached on Monday-Friday, 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached at (571) 270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT G BACHNER/ Primary Examiner, Art Unit 2898