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 .
Election/Restrictions
Applicant’s election without traverse of claims 4-5 in the reply filed on 3/12/26 is acknowledged.
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.
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) 4 is rejected under 35 U.S.C. 102(a1) as being anticipated by Carr et al (US 5,540,834).
Carr teaches chromatographic column filled with zirconium oxide aggregate particles – see abstract, figures, col. 6 lines 10-25, col. 13 lines 14-21. The element, “for trapping an organic halogen compound …” is only an intended use, because it does not add to any structural limitation. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, 962 F.3d 1362, 2020 USPQ2d 10701 (Fed. Cir. 2020)
Claims 4 and 5 are rejected under 35 U.S.C. 102(a1) as anticipated by CN 106841404, or in the alternative, under 35 USC 103 as unpatentable over CN 106841404 in view of Carr et al (US 5,540,834.)
CN teaches a two-dimensional chromatography apparatus having a silica gel column and a zirconia or similar high temperature resistant column. Working example 2 teaches a ZirChrom zirconia column and a silica gel column detachably coupled together – see the figures.
Extracting or trapping of organic halogen compounds are intended uses, which the apparatus of CN is capable of. See ‘intended use’ as applied in rejection 1.
Detachably coupled: chromatographic columns and valves are commonly coupled together using detachable couplings, which is implied. "[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968). In this case, coupling the chromatography systems together with detachable couplings is at the least obvious, if not anticipated, for taking parts apart and reassembly for cleaning, replacement, etc.
Regarding the ZirChrom zirconia being powder or granular, it is a commercial product, and ZirChrom zirconia is aggregated zirconia spheres of about 1000A colloidal silica, according to ZirChrom web site: << ZirChrom Technology Introduction >>. Also, having zirconia chromatography material aggregate microspheres is also well known as taught by Carr, as in rejection 1. Therefore, the zirconia in powder or grain form is at the least obvious to one of ordinary skill, if not anticipated by ZiChrom at the time of invention. See MPEP 2143: I. EXAMPLES OF RATIONALES: in this case,
Examples of rationales that may support a conclusion of obviousness include:[AltContent: rect]
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
Allowable Subject Matter
After a thorough review of applicant’s disclosure, the examiner finds the following details as annotated in figure 3, if incorporated into a claim, would be allowable:
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Conclusion
Additional prior arts made of record and not relied upon is considered pertinent to applicant's disclosure are listed in an 892. This is in addition to the references cited by the PCT - IPER applicant supplied in an IDS.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISHNAN S MENON whose telephone number is (571)272-1143. The examiner can normally be reached Flexible, but generally Monday-Friday: 8:00AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem C Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISHNAN S MENON/Primary Examiner, Art Unit 1777
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