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
Applicant's arguments filed November 20th, 2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., delayed release of a halogen source via permeation control material, mercury removal efficiency, multi-year usage without replacement, increased iodine release rates) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). For this reason, the rejection of claims 1, 5, 8-10, and 19 under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. US 2018/0056273 A1 to Hardwick et al. is maintained.
In response to applicant's argument that the combination of Hardwick and Nagy does not provide any teaching, suggestion, or motivation to combine a halogen reservoir with a permeation control layer for controlled halogen release, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. A permeation control material, under its broadest reasonable interpretation, comprises a material which affects the permeation of a substance. As is recognized by Applicant, Nagy discloses a spacer layer for mechanical purposes (e.g., reducing shear forces and improving flow properties). Such a material would therefore read on a “permeation control material.” For this reason, the rejection of claim 17 under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. US 2018/0056273 A1 to Hardwick et al. and the rejection of claims 2-4, 11, and 13-16 under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. US 2018/0056273 A1 to Hardwick et al. and further in view of U.S. Patent Publication No. US 2014/0331626 A1 to Nagy et al. is maintained.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5, 8-10, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Patent Application No. US 2018/0056273 to Hardwick et al. (hereinafter referred to as Hardwick).
Regarding claim 1, Hardwick teaches an article comprising: a first sorbent polymer composite (SPC) layer (Fig. 1, sorbent polymer composite substrate 100); a second SPC layer (Fig. 1 depicts multiple SPC layers 100); and a halogen reservoir (¶0035 “A halogen source 103 partially or completely covers the sorbent material 102.”); wherein the halogen reservoir is disposed between the first SPC layer and the second SPC layer (Fig. 2 depicts a sorbent material 102 which covers a polymeric substrate 101 to form sorbent composite polymer substrate covered with halogen source 103; ¶0035 “A halogen source 103 partially or completely covers the sorbent material 102.” ; Fig. 1 depicts multiple SPC layers which, as seen in Fig. 2 can be covered with a halogen source and therefore reads on “wherein the halogen reservoir is disposed between the first SPC layer and the second SPC layer”).
Regarding claim 5, Hardwick teaches the article as applied to claim 1 above, wherein the halogen reservoir comprises at least one halogen source (¶0039 “Examples of halogen source include quaternary ammonium halogen compounds, such as, but not limited to, halogen salts”).
Regarding claim 8, Hardwick teaches the article as applied to claim 1 above, wherein the halogen reservoir comprises an SPC (¶0035 “In an exemplary embodiment, the halogen source 103 is imbibed into the pores of the sorbent material 102.” ; In this embodiment the halogen source is a part of the SPC layer).
Regarding claim 9, Hardwick teaches the article as applied to claim 1 above, wherein the halogen reservoir comprises a third SPC layer (Fig. 1 depicts at least five layers of SPC which may be coated with a halogen source, therefore reading on a halogen reservoir comprising a third SPC layer).
Regarding claim 10, Hardwick teaches the article as applied to claim 9 above, wherein at least one of the first SPC layer, the second SPC layer, or the third SPC layer comprises at least one halogen source (Fig. 2 depicts a sorbent material 102 which covers a polymeric substrate 101 to form sorbent composite polymer substrate covered with halogen source 103; ¶0035 “A halogen source 103 partially or completely covers the sorbent material 102.”).
Regarding claim 19, Hardwick teaches the article as applied to claim 1 above, wherein the article comprises a filter laminate, a layered filter material, an SPC laminate, or a layered SPC material (Fig. 1 depicts a layered SPC embodiment).
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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hardwick as applied to claim 1 above.
Regarding claim 17, Hardwick teaches the article as applied to claim 1 above. Although Hardwick does not explicitly teach wherein the article has a release rate of total halogens from the article that does not exceed 0.5% of the total halogens in the article per day, upon flowing a flue gas stream over at least one surface of the article over a time period of at least 90 days, it would have been obvious to one of ordinary skill in the art to modify the article so that the halogen rate of release does not exceed 0.5% of the total halogens in the article per day as releasing too much of the halogen at once will limit the lifespan of the article. As to the composition of the flue gas used, the flue gas does not further limit the claimed invention as the claimed invention is the article itself. For these reasons, the article as taught by Hardwick satisfies the limitations of claim 17.
Claims 2-4, 11, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hardwick as applied to claim 1 above, and further in view of Patent Application No. US 2014/0331626 A1 to Nagy et al. (hereinafter referred to as Nagy).
Regarding claim 2, Hardwick teaches the article as applied to claim 1 above. Hardwick does not teach at least one permeation control material.
However, Nagy teaches a multilayered filter media (Fig. 2) that includes a spacer to reduce shear forces and promote better flow properties (¶0036 “As shown illustratively in FIG. 2, the fourth layer which functions as a spacer may be positioned between the second and third layers, however, it should be appreciated that a spacer layer may be positioned between other layers in other embodiments. A spacer layer may reduce shear forces, e.g., during a pleating process, and/or may promote better flow properties.”). Nagy further teaches wherein the filter media may be formed as a composite (¶0035 “For example, a first layer functioning primarily as a capacity layer and a second layer function primarily as an efficiency layer may be formed as a composite or multiphase layer.”).
Hardwick and Nagy are considered analogous to the claimed invention because they are in the same field of composite filtration articles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the article as taught by Hardwick could be modified to further include the spacer material as taught by Nagy to reduce shear forces and promote better fluid flow throughout the material.
Regarding claim 3, Hardwick and Nagy teach the article as applied to claim 2 above. Nagy further teaches wherein the at least one permeation control material is in a form of at least one permeation control layer (¶0036 “In some embodiments, the fourth layer may be a spacer layer.”), wherein the at least one permeation control layer is disposed: between the first SPC layer and the halogen reservoir, between the second SPC layer and the halogen reservoir, or both (¶0036 “As shown illustratively in FIG. 2, the fourth layer which functions as a spacer may be positioned between the second and third layers, however, it should be appreciated that a spacer layer may be positioned between other layers in other embodiments.” ; In the modification of Hardwick to include the spacer layer as taught by Nagy, the spacer could be placed between any of the SPC layers and the combination of these references therefore reads on the limitations of claim 3).
Regarding claim 4, Hardwick and Nagy teach the article as applied to claim 3 above. Nagy further teaches wherein the at least one permeation control layer comprises: a first layer of the at least one permeation control material (Fig. 2, fourth layer 30), wherein the first layer is disposed between the first SPC layer and the halogen reservoir (¶0036 “it should be appreciated that a spacer layer may be positioned between other layers (e.g., between first and second layers)” ; In the combination of Hardwick and Nagy, the spacer would be between two SPC layers, one of which reads on the “first SPC layer” and the other which reads on the “halogen reservoir” , see annotated figure below); and a second layer of the at least one permeation control material, wherein the second layer is disposed between the second SPC layer and the halogen reservoir (¶0036 “As shown illustratively in FIG. 2, the fourth layer which functions as a spacer may be positioned between the second and third layers” ; In the combination of Hardwick and Nagy, the spacer would be between two SPC layers, one of which reads on the “second SPC layer” and the other which reads on the “halogen reservoir”, see annotated figure below).
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Regarding claim 11, Hardwick teaches the article as applied to claim 1 above. Hardwick does not teach wherein the halogen reservoir comprises at least one permeation control material.
However, Nagy teaches a multilayered filter media (Fig. 2) that includes a spacer to reduce shear forces and promote better flow properties (¶0036 “As shown illustratively in FIG. 2, the fourth layer which functions as a spacer may be positioned between the second and third layers, however, it should be appreciated that a spacer layer may be positioned between other layers in other embodiments. A spacer layer may reduce shear forces, e.g., during a pleating process, and/or may promote better flow properties.”). Nagy further teaches wherein the filter media may be formed as a composite (¶0035 “For example, a first layer functioning primarily as a capacity layer and a second layer function primarily as an efficiency layer may be formed as a composite or multiphase layer.”).
Hardwick and Nagy are considered analogous to the claimed invention because they are in the same field of composite filtration articles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the article as taught by Hardwick could be modified to further include the spacer material as taught by Nagy to reduce shear forces and promote better fluid flow throughout the material. As to the positioning of said spacer, as each SPC layer contains a halogen source any individual layer may read on the “halogen reservoir.” Nagy additionally teaches that individual layers may form a multiphase layer; the combination of Hardwick and Nagy would therefore read on the limitation of the halogen reservoir comprising at least one permeation control material.
Regarding claim 13, Hardwick and Nagy teach the article as applied to claim 2 above. Nagy teaches wherein the at least one permeation control material comprises: a first permeation control material (¶0162 “The fourth layer may be formed of any suitable material, such as a synthetic polymer”); and a second permeation control material (¶0162 “Synthetic fibers may also include multi-component fibers (i.e., fibers having multiple compositions such as bicomponent fibers)”), wherein the second permeation control material is in a form of at least one layer of the second permeation control material (one of ordinary skill in the art would know that a bicomponent fiber may be comprised of separate layers of two individual fiber compositions), wherein the at least one layer of the second permeation control material is disposed: between the first SPC layer and the halogen reservoir, between the second SPC layer and the halogen reservoir, or between the first SPC layer and the halogen reservoir and also between the second SPC layer and the halogen reservoir (¶0036 “As shown illustratively in FIG. 2, the fourth layer which functions as a spacer may be positioned between the second and third layers, however, it should be appreciated that a spacer layer may be positioned between other layers in other embodiments.” ; In the modification of Hardwick to include the spacer layer as taught by Nagy, the spacer could be placed between any of the SPC layers and the combination of these references therefore reads on the limitations of claim 13).
Regarding claim 14, Hardwick and Nagy teach the article as applied to claim 13 above. Nagy further teaches wherein the at least one layer of the second permeation control material comprises: a first layer of the second permeation control layer (¶0162 “Synthetic fibers may also include multi-component fibers (i.e., fibers having multiple compositions such as bicomponent fibers)”), wherein the first layer of the second permeation control material is disposed between the first SPC layer and the halogen reservoir (¶0036 “As shown illustratively in FIG. 2, the fourth layer which functions as a spacer may be positioned between the second and third layers, however, it should be appreciated that a spacer layer may be positioned between other layers in other embodiments.” ; In the modification of Hardwick to include the spacer layer as taught by Nagy, the spacer could be placed between any of the SPC layers and the combination of these references therefore reads on the limitations of claim 14). Nagy does not explicitly teach wherein a second layer of the second permeation control material is present and disposed between the second SPC layer and the halogen reservoir. However, mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP § 2144.04(VI)(B).
Regarding claim 15, Hardwick and Nagy teach the article as applied to claim 11 above. Hardwick further teaches wherein the halogen reservoir further comprises carbon particles (¶0017 “Suitable high surface area sorbent materials for use in the SPC substrate include, but are not limited to, any high surface area activated carbon”).
Regarding claim 16, Hardwick and Nagy teach the sorbent article as applied to claim 15 above. Nagy teaches that individual layers may for a multiphase layer (¶0035 “For example, a first layer functioning primarily as a capacity layer and a second layer function primarily as an efficiency layer may be formed as a composite or multiphase layer.”). With the combination of Hardwick and Nagy, one of ordinary skill in the art would understand that in some embodiments the spacer (permeation control material) may be combined with the halogen reservoir as taught by Hardwick, which includes carbon particles as described above. This embodiment would therefore read on the limitations of claim 16.
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 RACHEL MARIE SLAUGOVSKY whose telephone number is (571)272-0188. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL MARIE SLAUGOVSKY/Examiner, Art Unit 1776
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776