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 .
Claim Objections
Claim 1 is objected to because of the following informalities: plural form in parenthesis may create confusion.
Claim 1 recites: “…wherein the honeycomb structure portion is provided in an end portion region(s) extending…” The plural form in parenthesis may create confusion.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi et al. (US Pat. Pub. No. 2014/0294691, hereinafter Kikuchi) in view of Hiramatsu, T. (US Pat. Pub. No. 2009/0274867, hereinafter Hiramatsu).
In regards to Claim 1, Kikuchi discloses a honeycomb structure (#100), comprising:
a ceramic honeycomb structure portion (#4) including:
an outer peripheral wall (#3) (see figures 1-2 and paragraph [0043]);
a partition wall (#1) arranged on an inner side of the outer peripheral wall (#3), the partition wall (#1) defining a plurality of cells (#2) each extending from one end face (#11) to other end face (#12) to form a flow path (see figures 1-2 and paragraph [0043]); and
a pair of electrode layers (#21) each arranged so as to extend in a form of a band on an outer surface of the outer peripheral wall (#3), across a central axis of the honeycomb structure portion (#4) (see figures 1-2 and paragraph [0043]),
wherein the honeycomb structure portion (#4) is provided in an end portion region extending in a direction from the one end face (#11) and/or the other end face (#12) to a center in a flow path length direction of the honeycomb structure portion (#4) (see figures 1-2 and paragraph [0043]), and
the honeycomb structure portion (#4) comprises at least one low porosity portion (portion where electrode layers are located) having a lower porosity than an average porosity of the whole honeycomb structure portion (see paragraphs [0056] and [0060]; Kikuchi discloses the electrode section may further contain an alkaline earth metal oxide, and according to this constitution, the porosity of the electrode section lowers. The porosity of the electrode section is from 5 to 20%, and when the porosity of the electrode section is in such a range, excellent heat shock resisting properties are obtained. The porosity of the partition walls #1 of the honeycomb structure body #4 is from 35 to 60%. In view of this, it is considered reasonably obvious, absent evidence to the contrary, that the honeycomb structure comprises at least one low porosity portion (electrode section of honeycomb) having a lower porosity than an average porosity of the whole honeycomb structure portion, as claimed by the applicant.).
In the alternative, Kikuchi is silent in regards to wherein the honeycomb structure portion comprises at least one low porosity portion having a lower porosity than an average porosity of the whole honeycomb structure portion.
However, Hiramatsu teaches a honeycomb structure in which a porosity of partition walls changes or partially differs in positioned of the partition walls, such that melting or thermal shock breakdown of partition walls does not easily occur during use and regeneration (see paragraphs [0001] and [0012]). The honeycomb structure comprises a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, wherein as compared with partition walls of an end face side portion of an inlet of the fluid, partition walls of an end face side portion of an outlet of the fluid satisfy at least one of the following conditions (1) to (4): (1) a heat conductivity being relatively high; (2) a heat capacity being relatively large; (3) a bending strength being relatively high; and (4) a porosity being relatively low (see paragraphs [0019]-[0023]). In the honeycomb structure, the partition walls of the central axis side portion in a diametric direction vertical to the central axis direction of the columnar article satisfy at least one of the above conditions, i.e. porosity being relatively low, as compared with the partition walls of an outer peripheral surface side portion in a diametric direction vertical to the central axis direction of the columnar article (see paragraph [0026]). In addition, when the outlet side of the honeycomb structure is modified with fine SiC particles, the porosity of the modified partition walls on the outlet side can be decreased. In consequence, even when the structure is used as the DPF to collect the PM, the PM is not easily accumulated on the partition walls on the outlet side, and the PM is deposited with good balance in the central axis direction of the honeycomb structure as the columnar article. Therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur. It is to be noted that by the adjustment of the modification conditions, the porosity can be decreased while keeping the average pore diameter (see paragraph [0071]). This is considered equivalent to wherein the honeycomb structure portion comprises at least one low porosity portion having a lower porosity than an average porosity of the whole honeycomb structure portion, as claimed by the applicant.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having the honeycomb structure portion to comprise at least one low porosity portion having a lower porosity than an average porosity of the whole honeycomb structure portion, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, wherein as compared with partition walls of an end face side portion of an inlet of the fluid, partition walls of an end face side portion of an outlet of the fluid satisfy at least one of the following conditions (1) to (4): (1) a heat conductivity being relatively high; (2) a heat capacity being relatively large; (3) a bending strength being relatively high; and (4) a porosity being relatively low, wherein in the honeycomb structure, the partition walls of the central axis side portion in a diametric direction vertical to the central axis direction of the columnar article satisfy at least one of the above conditions, i.e. porosity being relatively low, as compared with the partition walls of an outer peripheral surface side portion in a diametric direction vertical to the central axis direction of the columnar article, whereby in addition, when the outlet side of the honeycomb structure is modified with fine SiC particles, the porosity of the modified partition walls on the outlet side can be decreased, and in consequence, even when the structure is used as the DPF to collect the PM, the PM is not easily accumulated on the partition walls on the outlet side, and the PM is deposited with good balance in the central axis direction of the honeycomb structure as the columnar article, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see paragraphs [0019]-[0023], [0026] and [0071]).
In regards to Claim 2, Kikuchi discloses wherein the one end face (#11) is an end face on a fluid inlet side (see figures 1-3 and paragraph [0043]).
In regards to Claim 3, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Hiramatsu further teaches wherein the low porosity portion is provided in each end region extending from the one end face and the other end face to the center in the flow path length direction of the honeycomb structure portion (see paragraphs [0025] and [0028]-[0032]; Hiramatsu teaches wherein the end face side portion of the outlet of the fluid is a portion of 1/n of the whole article from the end face of the outlet of the fluid in the central axis direction of the columnar article. The partition walls of the portion 1/n of the whole article from the end face of the outlet of the fluid in the central axis direction of the columnar article satisfy at least one of the above conditions (1) to (4), where condition (4) is a porosity relatively low as comparted with the partition walls of the other portion. Hiramatsu further teaches in the honeycomb structure, the partition walls satisfy at least one of the following conditions (a)-(d) from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid, wherein condition (d) is a porosity decreasing continuously or stepwise.).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having the low porosity portion provided in each end region extending from the one end face and the other end face to the center in the flow path length direction of the honeycomb structure portion, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, wherein the end face side portion of the outlet of the fluid is a portion of 1/n of the whole article from the end face of the outlet of the fluid in the central axis direction of the columnar article, whereby the partition walls of the portion 1/n of the whole article from the end face of the outlet of the fluid in the central axis direction of the columnar article satisfy at least one of the above conditions (1) to (4), where condition (4) is a porosity relatively low as comparted with the partition walls of the other portion and further in the honeycomb structure, the partition walls satisfy at least one of the following conditions (a)-(d) from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid, wherein condition (d) is a porosity decreasing continuously or stepwise, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see paragraphs [0025], [0028]-[0032] and [0071]).
In regards to Claim 4, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Hiramatsu further teaches in the honeycomb structure, the partition walls preferably satisfy at least one of the following conditions (a) to (d) from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid: (a) a heat conductivity increasing continuously or stepwise; (b) a heat capacity increasing continuously or stepwise; (c) a bending strength increasing continuously or stepwise; and (d) a porosity decreasing continuously or stepwise. In this case, the partition walls preferably satisfy at least one of the above conditions (a) to (d) from the outer peripheral surface side of the columnar article to the central axis side of the columnar article in the end face side portion of the outlet of the fluid (see paragraphs [0028]-[0033]).
Although Hiramatsu, does not explicitly disclose wherein an extension width of the low porosity portion in the flow path length direction of the honeycomb structure portion is 0.5% or more and 40% or less of the total length of the honeycomb structure portion in the flow path length direction of the honeycomb structure portion, Hiramatsu clearly teaches that the partition walls from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid satisfy condition (d) which is a porosity decreasing continuously or stepwise. Therefore, it is considered reasonably obvious, absent evidence to the contrary, to extend the width of the low porosity portion in the flow path length direction of the honeycomb structure portion to an optimum range of 0.5% to 40%, as claimed by the applicant, as this is a result-effective variable which can be optimized by one skilled in the art through routine experimentation, in order to obtain a desired end-result, such as for improved heat resistance of the honeycomb structure portion, and is considered prima facie obvious. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having an extension width of the low porosity portion in the flow path length direction of the honeycomb structure portion of 0.5% or more and 40% or less of the total length of the honeycomb structure portion in the flow path length direction of the honeycomb structure portion, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, whereby in the honeycomb structure, the partition walls preferably satisfy at least one of the following conditions (a) to (d) from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid: (a) a heat conductivity increasing continuously or stepwise; (b) a heat capacity increasing continuously or stepwise; (c) a bending strength increasing continuously or stepwise; and (d) a porosity decreasing continuously or stepwise, and in this case, the partition walls preferably satisfy at least one of the above conditions (a) to (d) from the outer peripheral surface side of the columnar article to the central axis side of the columnar article in the end face side portion of the outlet of the fluid, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see paragraphs [0025], [0028]-[0032] and [0071]).
In regards to Claim 5, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Hiramatsu further teaches in the honeycomb structure, the partition walls preferably satisfy at least one of the following conditions (a) to (d) from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid: (a) a heat conductivity increasing continuously or stepwise; (b) a heat capacity increasing continuously or stepwise; (c) a bending strength increasing continuously or stepwise; and (d) a porosity decreasing continuously or stepwise. In this case, the partition walls preferably satisfy at least one of the above conditions (a) to (d) from the outer peripheral surface side of the columnar article to the central axis side of the columnar article in the end face side portion of the outlet of the fluid (see paragraphs [0028]-[0033]).
Although Hiramatsu, does not explicitly disclose wherein an extension width of the low porosity portion in the flow path length direction of the honeycomb structure portion is 0.3mm or more and 20mm or less, Hiramatsu clearly teaches that the partition walls from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid satisfy condition (d) which is a porosity decreasing continuously or stepwise. Therefore, it is considered reasonably obvious, absent evidence to the contrary, to extend the width of the low porosity portion in the flow path length direction of the honeycomb structure portion to an optimum range of 0.3mm to 20mm, as claimed by the applicant, as this is a result-effective variable which can be optimized by one skilled in the art through routine experimentation, in order to obtain a desired end-result, such as for improved heat resistance of the honeycomb structure portion, and is considered prima facie obvious. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having an extension width of the low porosity portion in the flow path length direction of the honeycomb structure portion of 0.3mm or more and 20mm or less of the total length of the honeycomb structure portion in the flow path length direction of the honeycomb structure portion, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, whereby in the honeycomb structure, the partition walls preferably satisfy at least one of the following conditions (a) to (d) from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid: (a) a heat conductivity increasing continuously or stepwise; (b) a heat capacity increasing continuously or stepwise; (c) a bending strength increasing continuously or stepwise; and (d) a porosity decreasing continuously or stepwise, and in this case, the partition walls preferably satisfy at least one of the above conditions (a) to (d) from the outer peripheral surface side of the columnar article to the central axis side of the columnar article in the end face side portion of the outlet of the fluid, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see paragraphs [0025], [0028]-[0032] and [0071]).
In regards to Claim 6, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Hiramatsu further teaches wherein a ratio of an average porosity (AP1) of the low porosity portion to an average porosity (AP2) of a portion other than the low porosity portion ({(AP2-AP1)/AP2} x 100) is 0.2% or more and 99.9% or less (see paragraphs [0114] and [0117], example 1 and Table 1; Hiramatsu discloses the fired honeycomb article before modification has a porosity of 54.6% (AP2), and the porosity of the low porosity portion in example 1 is 40.2% (AP1) (Table 1). When calculating the above formula: ({0.546-0.402})/0.546 x100= 26.4%, which falls inside the claimed range of 0.2% or more to 99.9% or less, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having a ratio of an average porosity (AP1) of the low porosity portion to an average porosity (AP2) of a portion other than the low porosity portion ({(AP2-AP1)/AP2} x 100) is 0.2% or more and 99.9% or less, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, whereby in the honeycomb structure, the partition walls preferably satisfy at least one of the following conditions (a) to (d) from the end face side of the inlet of the fluid to the end face side of the outlet of the fluid in the end face side portion of the outlet of the fluid: (a) a heat conductivity increasing continuously or stepwise; (b) a heat capacity increasing continuously or stepwise; (c) a bending strength increasing continuously or stepwise; and (d) a porosity decreasing continuously or stepwise, and in this case, the partition walls preferably satisfy at least one of the above conditions (a) to (d) from the outer peripheral surface side of the columnar article to the central axis side of the columnar article in the end face side portion of the outlet of the fluid, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see paragraphs [0025], [0028]-[0032] and [0071]).
In regards to Claim 7, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Hiramatsu further teaches wherein the partition wall of the low porosity portion contains a larger amount of oxide ceramics and/or silicon carbide than the partition wall of a portion other than the low porosity portion (see paragraphs [0068]-[0071]; Hiramatsu teaches wherein the partition walls on the outlet side of the fluid in the honeycomb structure are modified with fine SiC particles (charged into the pores), heat conductivity of the modified partition walls on the outlet side can be increase to quickly transmit, from the honeycomb structure, heat generated by the partition walls on the outlet side. In consequence, in the partition walls on the outlet side, the temperature rise due to burning heat is suppressed, and the melting or thermal shock breakdown (of the partition walls) is prevented. In addition, when the outlet side of the honeycomb structure is modified with the fine SiC particles (e.g., the fine SiC particles are charged into the pores), the porosity of the modified partition walls on the outlet side can be decreased. In consequence, even when the structure is used as the DPF to collect the PM, the PM is not easily accumulated on the partition walls on the outlet side, and the PM is deposited with good balance in the central axis direction of the honeycomb structure as the columnar article. Therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur. It is to be noted that by the adjustment of the modification conditions, the porosity can be decreased while keeping the average pore diameter. In view of this, it is considered obvious, absent evidence to the contrary, that the partition wall of the low porosity portion contains a larger amount of oxide ceramics and/or silicon carbide than the partition wall of a portion other than the low porosity portion, as claimed by the applicant.).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having the partition wall of the low porosity portion to contain a larger amount of oxide ceramics and/or silicon carbide than the partition wall of a portion other than the low porosity portion, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, whereby in the honeycomb structure the partition walls on the outlet side of the fluid in the honeycomb structure are modified with fine SiC particles (charged into the pores), heat conductivity of the modified partition walls on the outlet side can be increase to quickly transmit, from the honeycomb structure, heat generated by the partition walls on the outlet side, whereby in consequence, in the partition walls on the outlet side, the temperature rise due to burning heat is suppressed, and the melting or thermal shock breakdown (of the partition walls) is prevented, and in addition, when the outlet side of the honeycomb structure is modified with the fine SiC particles (e.g., the fine SiC particles are charged into the pores), the porosity of the modified partition walls on the outlet side can be decreased and hence, even when the structure is used as the DPF to collect the PM, the PM is not easily accumulated on the partition walls on the outlet side, and the PM is deposited with good balance in the central axis direction of the honeycomb structure as the columnar article, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see paragraphs [0068]-[0071]).
In regards to Claim 8, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Hiramatsu further teaches wherein the low porosity portion has an average porosity of 40.2% in example 1 (see example 1, paragraph [0013], and table 1). Although Hiramatsu does not disclose a low porosity portion having an average porosity of 0.1% or more and 40% or less, the value of 40.2% is so close to the claimed range, that one skilled in the art would have expected them to have the same properties. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having the low porosity portion to have an average porosity of 0.1% or more and 40% or less, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, whereby in the honeycomb structure the partition walls on the outlet side of the fluid in the honeycomb structure are modified with fine SiC particles (charged into the pores), heat conductivity of the modified partition walls on the outlet side can be increase to quickly transmit, from the honeycomb structure, heat generated by the partition walls on the outlet side, whereby in consequence, in the partition walls on the outlet side, the temperature rise due to burning heat is suppressed, and the melting or thermal shock breakdown (of the partition walls) is prevented, and in addition, when the outlet side of the honeycomb structure is modified with the fine SiC particles (e.g., the fine SiC particles are charged into the pores), the porosity of the modified partition walls on the outlet side can be decreased, to an average porosity of 40.2% and hence, even when the structure is used as the DPF to collect the PM, the PM is not easily accumulated on the partition walls on the outlet side, and the PM is deposited with good balance in the central axis direction of the honeycomb structure as the columnar article, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see paragraphs [0068]-[0071] and [0113], example 1 and table1).
In regards to Claim 9, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Hiramatsu further teaches wherein the porosity of the low porosity portion gradually increases from the end face to the center in the flow path length direction of the honeycomb structure portion (see figure 5C and paragraph [0098]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having the porosity of the low porosity portion to gradually increase from the end face to the center in the flow path length direction of the honeycomb structure portion, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, wherein portions of 1/n of the whole columnar article from the end faces of partition walls on the outlet side of a fluid in the central axis direction of the columnar article correspond to all portions in a diametric direction vertical to the central axis direction of the columnar article (the (right) portions on the outlet side of the fluid in FIG. 5C), the portions become a modification part, wherein the modification part satisfies at least one of conditions of (1) the heat conductivity of the partition walls being relatively high, (2) the heat capacity of the partition walls being relatively large, (3) the bending strength of the partition walls being relatively high and (4) the porosity of the partition walls being relatively low, and moreover, the modification part satisfies at least one of conditions of (a1) a heat conductivity increasing continuously, (b1) a heat capacity increasing continuously, (c1) a bending strength increasing continuously and (d1) a porosity decreasing continuously, from the end face side of an inlet of the fluid (the left side) to the end face side of the outlet of the fluid (the right side), so that even when the structure is used as the DPF to collect the PM, the PM is not easily accumulated on the partition walls on the outlet side, and the PM is deposited with good balance in the central axis direction of the honeycomb structure as the columnar article, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see figure 5C and paragraph [0098]).
In regards to Claim 10, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Hiramatsu further teaches wherein the low porosity portion has a strength higher than an average strength of the whole honeycomb structure portion (see paragraph [0098]; Hiramatsu teaches when portions of 1/n of the whole columnar article from the end faces of partition walls on the outlet side of a fluid in the central axis direction of the columnar article correspond to all portions in a diametric direction vertical to the central axis direction of the columnar article, the portions become a modification part. The modification part satisfies the condition of the bending strength of the partition walls being relatively high.)
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the honeycomb structure as disclosed by Kikuchi by having the low porosity portion to have a strength higher than an average strength of the whole honeycomb structure portion, as claimed by the applicant, with a reasonable expectation of success, as Hiramatsu teaches a honeycomb structure comprising a honeycomb shape which is a columnar article having two end faces and an outer peripheral surface connecting the two end faces to each other and which includes a plurality of cells as through channels for a fluid formed in parallel between the two end faces and partitioned by partition walls of a porous material, wherein portions of 1/n of the whole columnar article from the end faces of partition walls on the outlet side of a fluid in the central axis direction of the columnar article correspond to all portions in a diametric direction vertical to the central axis direction of the columnar article (the (right) portions on the outlet side of the fluid in FIG. 5C), the portions become a modification part, wherein the modification part satisfies at least one of conditions of (1) the heat conductivity of the partition walls being relatively high, (2) the heat capacity of the partition walls being relatively large, (3) the bending strength of the partition walls being relatively high and (4) the porosity of the partition walls being relatively low, and moreover, the modification part satisfies at least one of conditions of (a1) a heat conductivity increasing continuously, (b1) a heat capacity increasing continuously, (c1) a bending strength increasing continuously and (d1) a porosity decreasing continuously, from the end face side of an inlet of the fluid (the left side) to the end face side of the outlet of the fluid (the right side), so that even when the structure is used as the DPF to collect the PM, the PM is not easily accumulated on the partition walls on the outlet side, and the PM is deposited with good balance in the central axis direction of the honeycomb structure as the columnar article, and therefore, the generated burning heat does not especially rise on the outlet side, and the burning heat is suppressed, so that the melting or thermal shock breakdown of the partition walls does not easily occur (see figure 5C and paragraph [0098]).
In regards to Claim 11, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Although Kikuchi, in view of Hiramatsu, does not explicitly disclose wherein the low porosity portion has a Young’s modulus higher than an average Young’s modulus of the whole honeycomb structure portion, Kikuchi, as modified above, discloses substantially the same honeycomb structure as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Kikuchi’s honeycomb structure, as modified above, will reasonably have the same properties as claimed by the applicant, as it has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed properties and functions are considered prima facie obvious. See MPEP 2112.01.
In regards to Claim 12, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Although Kikuchi, in view of Hiramatsu, does not explicitly disclose wherein the low porosity portion has a thermal expansion coefficient equal to or higher than an average thermal expansion coefficient of the whole honeycomb structure, Kikuchi, as modified above, discloses substantially the same honeycomb structure as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Kikuchi’s honeycomb structure, as modified above, will reasonably have the same properties as claimed by the applicant, as it has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed properties and functions are considered prima facie obvious. See MPEP 2112.01.
In regards to Claim 14, Kikuchi, in view of Hiramatsu, discloses the honeycomb structure as recited in claim 1. Although Kikuchi, in view of Hiramatsu, does not explicitly disclose wherein the low porosity portion has a volume resistivity lower than an average volume resistivity of the whole honeycomb structure, Kikuchi, as modified above, discloses substantially the same honeycomb structure as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Kikuchi’s honeycomb structure, as modified above, will reasonably have the same properties as claimed by the applicant, as it has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed properties and functions are considered prima facie obvious. See MPEP 2112.01.
In regards to Claim 15, Kikuchi, in view of Hiramatsu, discloses an electrically heating catalyst support, comprising the honeycomb structure according to claim 1. Kikuchi further discloses a catalyst supported on the honeycomb structure (see paragraphs [0013], [0075] and [0090]).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi, in view of Hiramatsu, and further in view of Sugiyama et al. (US Pat. Pub. No. 2016/0032807, hereinafter Sugiyama).
In regards to Claim 17, Kikuchi, in view of Hiramatsu, discloses an exhaust gas purifying device, comprising: the honeycomb structure according to claim 1. Kikuchi, in view of Hiramatsu, is silent in regards to electrode terminals on the pair of electrode layers, and a metallic can body for holding the honeycomb structure.
However, Sugiyama teaches an electrically heated catalyst device (#100) equipped with a honeycomb carrier (#10) that supports a catalyst, a pair of electric diffusion layers (#11) and surface electrodes (#20), i.e. electrode layers, formed opposite each other on an outer peripheral face of the honeycomb carrier, wiring members (#30), i.e. electrode terminals provided on the pair of electrode layers, fixed to the electric diffusion layers (#11), i.e. electrode layers, respectively, and an outer cylinder (#60), i.e. metallic can, that covers an outer peripheral face of the honeycomb carrier (#10) (see figure 1 and abstract, and paragraphs [0029]-[0030] and [0037]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust gas purifying device as disclosed by Kikuchi, in view of Hiramatsu, by further having electrode terminals provided on the pair of electrode layers and a metallic can body for holding the honeycomb structure, as claimed by the applicant, with a reasonable expectation of success, as Sugiyama teaches an electrically heated catalyst device equipped with a honeycomb carrier that supports a catalyst, a pair of electric diffusion layers and surface electrodes, i.e. electrode layers, formed opposite each other on an outer peripheral face of the honeycomb carrier, wiring members, i.e. electrode terminals provided on the pair of electrode layers, fixed to the electric diffusion layers, i.e. electrode layers, respectively, and an outer cylinder, i.e. metallic can, that covers an outer peripheral face of the honeycomb carrier, thereby obtaining an electric heated catalyst that restrains a crack from being created in a carrier through a heat cycle (see figure 1 and abstract, and paragraphs [0009], [0014], [0029]-[0030] and [0037]).
In regards to Claim 18, Kikuchi discloses wherein the one end face (#11) of the honeycomb structure is an end face on a fluid inlet side (see figures 1-3 and paragraph [0043]).
Allowable Subject Matter
Claims 13 and 16 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.
Conclusion
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/JELITZA M PEREZ/ Primary Examiner, Art Unit 1774