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 .
Status of the Claims
Claims 1-2, 5-6, 9-16, 19, 21-22, 26-28, and 30-31 are currently pending.
Claims 22, 26-28, and 30-31 are withdrawn from consideration.
Election/Restrictions
Applicant's election with traverse of Group 1, claims 1-2, 5-6, 9-16, and 21, in the reply filed on 12/04/2025 is acknowledged. The traversal is on the ground(s) that the inventive linking feature asserted by the Examiner is incorrect and is actually polyol block copolymer of claim 109. This is not found persuasive because as there is no claim 109 and there is no polyurethane having a polyol block copolymer in the claims. Applicant further argues that Tanimoto does not comprise packing member comprising surface structures as the asserted cylindrical shape having edges is not in line with the claimed features of claim 1. Applicant argues then points to the specification and states the structure in the specification are macrostructures as explained in paragraph [0027] which is different from the claimed surface structures. The argument is not found persuasive as the definition in the specification is in paragraph [0025] as deviations from the shape of the outer surface of the packing member. A cylinder edge would be a deviation from the outer surface of the packing member and would be in line with the above definition. Specific structures are not claimed for the claimed surface structure. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). See MPEP 2145 VI. Applicant’s arguments for superior and unexpected results are not found persuasive as the claims are much broader and more general than the specific surface structures and features required to obtain the alleged result and thus are not commensurate in scope. Additionally, the updated prior art, Stuckey, rejections teach the limitations as explained below. The requirement is still deemed proper and is therefore made FINAL.
Claims 22, 26-28, and 30-31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/04/2025.
Claim Objections
Claim2 is objected to because of the following informalities: the phrase “a sphere; an ellipsoid, a cube; a cuboid; a cylinder…” should be amended to change the comma “,” after ellipsoid to a semi-colon “;” for claim clarity and consistency. Appropriate correction is required.
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.
Claim 2 is 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.
Regarding claim 2,
The phrase “for example” a trilobe, quadrilobed or pentalobe renders the claim indefinite. The phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claim(s) 1-2, 5-6, 9, 11, 13-14, 19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stuckey et al. (GB 2477054).
Regarding claim 1,
Stuckey teaches a packing member for use in a packed bed comprising a ceramic material and further comprises surface structures on the outer surface of the packing member (Stuckey: abstract; par. 16). The packing member may be a monolith and not have bores or through holes (and thus would not comprise) that would create a fluid communication intra-particle channel extending through the packing member from a first aperture on a first side of the packing member to a second aperture on a substantially opposing second side of the packing member (Stuckey: Fig. 2b; par. 22 and 102).
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Regarding claim 2,
Stuckey teaches the packing member required by claim 1. Stuckey further teaches the packing member has a macrostructure that is substantially in the form of a sphere (Stucky: par. 102).
Regarding claims 5 and 6,
Stuckey teaches the packing member required by claim 1. Stuckey further teaches the plurality of repeated surface structures have substantially the same appearance (hexagon-shaped ridged structures) as shown in Fig 2(a) may extend over substantially the same surface (substantially 100%) which is within the claimed ranges of greater than or equal to 20% or greater than or equal to 60% of the outer surface (Stuckey: Fig. 2a; par. 102).
Regarding claims 9, 11, and 13,
Stuckey teaches the packing member required by claim 1. Stuckey further teaches the packing member has a geometric surface area per volume (GSA) of > 4.2 cm2/cm3 which is within the claimed range of greater than 0.7, greater than 1.7 and greater than 3.3 cm2/cm3 (Stuckey: par. 11 and 12).
Regarding claim 14,
Stuckey teaches the packing member required by claim 1. Stuckey further teaches the packing member has a side crush strength of >100kgf which is within the claimed range 70 kgf (Stuckey: par. 11 and 13).
Regarding claim 19,
Stuckey teaches the packing member required by claim 1. Stuckey further teaches wherein the packing member is a cast packing member and/or it may be obtained by gel casting composition comprising a ceramic material, an organic binder, and optionally a pore forming component (Stucky: par. 68; claim 2).
Regarding claim 21,
Stuckey teaches the packing member required by claim 19. Stuckey further teaches the organic binder component comprises from 40 to 95wt% of a polymerisable monomer and 60 to 5wt% of a crosslinking member (Stuckey: claim 16). The ceramic material may be the same as those listed in the claim such as aluminum oxide, aluminum silicate, silica, etc. (Stuckey: claim 18).
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(s) 10, 12, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Stuckey.
Regarding claims 10 and 12,
Stuckey teaches the packing member required by claim 1. Stuckey further teaches the packing member has a side crush strength of >100kgf which overlaps with the claimed greater than or equal to 250kgf and greater than or equal to 170kgf (Stuckey: par. 11 and 13). A prima facie case of obviousness exists where the claimed ranges and prior art ranges overlap or are close enough that one skilled in the art would have expected them to have the same properties. See MPEP 2144.05 I.
Regarding claims 15 and 16,
Stuckey teaches the packing member required by claim 1. Stuckey further teaches the packing member has a porosity of at least 6% (Stucky: par. 07). However, Stuckey is silent towards the porosity in terms of cm3/g units and is thus silent towards a porosity of greater than or equal to 0.06 or 0.5 cm3/g.
However, Stuckey teaches the packing member is made of the same materials and compositional proportions (see rejection of claims 19 and 21 above), made by the same process (see claims 19 and 21 above, the same geometric surface area (GSA) (see the rejection of claims 9, 11, and 13 above), the same crush strength (see rejection of claims 10, 12, and 14 above), and may have the same particle size distribution D10 (Stuckey: par. 51 and Applicant’s specification: par. 60).
Therefore, it would be expected that there would exist an embodiment which would satisfy the claimed packing member porosity ranges required by claims 15 and 16. When the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, the prior art products necessarily possess the characteristics of the claimed product. See MPEP 2112.01.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Travis M Figg whose telephone number is (571)272-9849. The examiner can normally be reached M-F 9am-5pm.
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/TRAVIS M FIGG/Primary Examiner, Art Unit 1783
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