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 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.
Claims 6, 7, 15, 17, 19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2003/0151173).
Regarding claim 6, the reference Wang et al. discloses a gel producing apparatus that produces a gel for use in production of a silica porous body having a co-continuous structure of a silica skeleton and macropores (see paras. [0011]; [0073]-[0078]; Fig. 8), the gel producing apparatus comprising a sol producing section (see paras. [0073]-[0078]; Fig. 8) and a gel producing section ([0070]; [0078]; [0092]; [0122]), wherein:
the sol producing section comprises:
a mixing section (330), suitable for preparing a mixed liquid comprising a silica precursor, a catalyst and a macropore forming agent (see paras. [0074]; [0075]; Fig. 8);
a first feeding section (331), suitable for feeding silica precursor to the mixing section (see para. [0074]; Fig. 8);
a second feeding section (334), suitable for feeding the catalyst and the macropore forming agent in admixture with or separately from each other to the mixing section (see para. [0074]; Fig. 8);
a discharging pipe (340), suitable for discharging the mixed liquid from the mixing section (see para. [0076]; Fig. 8); and
a cooling section (344), suitable for cooling the mixed liquid flowing through the discharging pipe (340) to 35oC or less (see para. [0081]; Fig. 8); and
the gel producing section comprises a heating section, suitable for heating a sol produced in the sol producing section to a gelation temperature (i.e., in an embodiment in which the mold element 360 is maintained at approximately room temperature to permit gelation of the sol poured into it) (see para. [0078]). The reference Wang et al. teaches that room temperature can be a temperature maintained at approximately 18oC to 35oC (see para. [0173]). The reference Wang et al. further specifies that the gel produced in the gel producing section may be allowed to warm during or after gelation (see para. [0173]). Thus, the reference Wang et al. meets the claim limitation with respect to the gel producing section comprising a heating section that heats a sol produced in the sol producing section, to a gelation temperature of 25oC or more and 60oC or less, as specified in claim 6.
Regarding claim 7, the reference Wang et al. discloses a silica porous body producing apparatus that produces a silica porous body having a co-continuous structure of a silica skeleton and macropores, the silica porous body producing apparatus comprising a sol producing section (see paras. [0011]; [0073]-[0078]; Fig. 8), a gel producing section (see paras. [0070]; [0078]; [0092]; [0122]), a silica porous body producing section (see paras. [0230]-[0238]), wherein:
the sol producing section comprises:
a mixing section (330), suitable for preparing a mixed liquid comprising a silica precursor, a catalyst and a macropore forming agent (see paras. [0074]; [0075]; Fig. 8);
a first feeding section (331), suitable for feeding silica precursor to the mixing section (see para. [0074]; Fig. 8);
a second feeding section (334), suitable for feeding the catalyst and the macropore forming agent in admixture with or separately from each other to the mixing section (see para. [0074]; Fig. 8);
a discharging pipe (340), suitable for discharging the mixed liquid from the mixing section (see para. [0076]; Fig. 8); and
a cooling section (344), suitable for cooling the mixed liquid flowing through the discharging pipe (340) to 35oC or less (see para. [0081]; Fig. 8);
the gel producing section comprises a heating section, suitable for heating a sol produced in the sol producing section to a gelation temperature (i.e., in an embodiment in which the mold element 360 is maintained at approximately room temperature to permit gelation of the sol poured into it) (see paras. [0078]; [00173]); and
the silica porous body producing section comprises a firing section (i.e., a furnace), suitable for firing a gel produced in the gel producing section (see paras. [0230]-[0238]). The reference Wang et al. teaches that room temperature can be a temperature which is maintained at approximately 18oC to 35oC (see para. [0173]). The reference Wang et al. further specifies that the gel produced in the gel producing section may be allowed to warm during or after gelation (see para. [0173]). Thus, the reference Wang et al. meets the claim limitation with respect to the gel producing section comprising a heating section that heats a sol produced in the sol producing section, to a gelation temperature of 25oC or more and 60oC or less, as specified in claim 7.
Regarding claims 15 and 19, as no structural distinction is seen between the instantly claimed apparatus and that of the apparatus of Wang et al., the apparatus of Wang et al. is considered capable of performing the functions recited in claims 15 and 19 (see paras. [0053]; [0060]).
Regarding claims 17 and 21, as no structural distinction is seen between the instantly claimed apparatus and that of the apparatus of Wang et al., the apparatus of Wang et al. is considered capable of performing the function recited in claims 17 and 21 (see para. [0076]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16, 18, 20, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2003/0151173).
Regarding claim 16, the claim depends from claim 6 such that the reasoning applied to claim 6 above is applied herein for the dependent portion of the claim. The reference Wang et al. discloses the sol producing apparatus, wherein: the cooling section comprises a cooling medium (344); and a portion of the discharging pipe (340), the portion being in contact with the cooling medium (see para. [0076]; Fig. 8). The reference Wang et al. is, however, silent with respect to the specific dimensions of the discharging pipe. However, one of ordinary skill in the art would recognize that the length of the discharging pipe in contact with the cooling medium and the inner diameter of the discharging pipe are parameters which are subject to optimization to provide a sufficient surface area to permit heat exchange between the mixed liquid flowing through the discharging pipe and the cooling medium surrounding the discharging pipe. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the discharging pipe in dimensions within the ranges as claimed by applicant through a mere routine experimentation and optimization to attain an optimal surface area to sufficiently cool the mixed liquid flowing through the discharging pipe to a desired temperature, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955). See MPEP 2144.05 (II).
Regarding claim 18, the claim depends from claim 6 such that the reasoning applied to claim 6 above is applied herein for the dependent portion of the claim. The reference Wang et al. is silent with respect to the apparatus further including a recovering container that recovers the mixed liquid discharged through the discharging pipe; and a stirring section for stirring the mixed liquid recovered in the recovering container. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Wang et al. to include a container (55) equipped with a stirring means such as that illustrated in Fig. 7 of Wang et al. downstream of the discharging pipe, since the reference Wang et al. teaches that the mixed liquid may suitably be subjected to additional cooling procedures to reduce the temperature of the mixture (see paras. [0076]). Furthermore, the reference Wang et al. teaches that the mixed liquid may suitably be stirred prior to pouring the mixed liquid into a mold (see paras. [0085]; [0164]).
Regarding claim 20, the claim depends from claim 7 such that the reasoning applied to claim 7 above is applied herein for the dependent portion of the claim. The reference Wang et al. discloses the sol producing apparatus, wherein: the cooling section comprises a cooling medium (344); and a portion of the discharging pipe (340), the portion being in contact with the cooling medium (see para. [0076]; Fig. 8). The reference Wang et al. is, however, silent with respect to the specific dimensions of the discharging pipe. However, one of ordinary skill in the art would recognize that the length of the discharging pipe in contact with the cooling medium and the inner diameter of the discharging pipe are parameters which are subject to optimization to provide a sufficient surface area to permit heat exchange between the mixed liquid flowing through the discharging pipe and the cooling medium surrounding the discharging pipe. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the discharging pipe in dimensions within the ranges as claimed by applicant through a mere routine experimentation and optimization to attain an optimal surface area to sufficiently cool the mixed liquid flowing through the discharging pipe to a desired temperature, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955). See MPEP 2144.05 (II).
Regarding claim 22, the claim depends from claim 7 such that the reasoning applied to claim 7 above is applied herein for the dependent portion of the claim. The reference Wang et al. is silent with respect to the apparatus further including a recovering container that recovers the mixed liquid discharged through the discharging pipe; and a stirring section for stirring the mixed liquid recovered in the recovering container. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Wang et al. to include a container (55) equipped with a stirring means such as that illustrated in Fig. 7 of Wang et al. downstream of the discharging pipe, since the reference Wang et al. teaches that the mixed liquid may suitably be subjected to additional cooling procedures to reduce the temperature of the mixture (see paras. [0076]). Furthermore, the reference Wang et al. teaches that the mixed liquid may suitably be stirred prior to pouring the mixed liquid into a mold (see paras. [0085]; [0164]).
Response to Arguments
Applicant's arguments filed on 18 September 2026 have been fully considered but they are not persuasive.
In response to applicant's argument that: the reference Wang et al. neither discloses using a macropore forming agent to induce a sol-gel transition accompanied by a phase separation process to produce a gel having a co-continuous structure of a skeleton phase and a solvent phase, nor producing therefrom a silica porous body having a co-continuous structure of a silica skeleton and macropores; and that Wang et al. is fundamentally different from the present invention in terms of the structure of the resulting porous body and the formation mechanism thereof (see Remarks, page 11), 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.
Applicant also argues that the reference Wang et al. does not disclose the claim element “heating section that heats the produced sol to a gelation temperature of 25oC or more and 60oC or less” as required by claims 6 and 7.
The examiner respectfully disagrees. The reference Wang et al. teaches an embodiment wherein the mold element 360, into which the sol produced in the sol producing section is poured into, is maintained at approximately room temperature to permit gelation of the sol poured into it (see para. [0078]). The reference Wang et al. further teaches that room temperature can be a temperature maintained at approximately 18oC to 35oC (see para. [0173]). The reference Wang et al. further specifies that the gel produced in the gel producing section may be allowed to warm during or after gelation (see para. [0173]). Thus, the reference Wang et al. meets the claim element “heating section that heats the produced sol to a gelation temperature of 25oC or more and 60oC or less” as required by claims 6 and 7, since the reference Wang et al. teaches that the mold element 360 can be arranged in a temperature controlled environment, which may be maintained at a temperature encompassing the claimed gelation temperature (see paras. [0007]; [0078]; [0173]).
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 Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESSANEWORK SEIFU/Primary Examiner, Art Unit 1774
