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
Claims 1–7, 10 and 11 is objected because the preamble should be either “An apparatus” or ‘the apparatus” based on the claim status being independent or dependent.
Claims 1, 8–10 are objected because the term “a plurality of apertures” and “the apertures” are interchangeably used, please use the term consistently to avoid unnecessary confusion.
Similar issue in claims 2, 7–11 with the term “filters” and “tubular filters” interchangeably used. Please use term consistently.
Claim 4 is objected because the term “pulse jet assembly” should be “pulse-jet assembly.” Same issue exists in claims 7 and 11.
Claim 8 is objected because interchangeably using term “a pair of parallel tunnels” and “the tunnels.”
Claim 9 is objected because the second “collected dust” should be “the collected dust”. Additionally, there is a typo in “dirty gas to distribution means”. The term “the first pair” should be ‘the first pair of parallel tubular sidewalls.”
Claim 9 is objected because it comprises the same term “the first pair.”
Claim Rejections - 35 USC § 112(b)
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.
Claims 4–6 and 8–11 are 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.
The limitation of “the dirty gas distributor” in claim 4 lacks antecedent basis. It is first introduced as “dust gas distributor.” Additionally, the limitation of “the walls” lacks antecedent basis.
Claims 5–6 would be allowable because they depend on claim 4.
Claim 8–10 are indefinite because the term “sufficient” lacks standards and it is unclear what is considered sufficient. Claim 8 is also indefinite because the term “the top wall” lacks antecedent basis, there are multiple top walls, and it is unclear which one is the claimed “the top wall.” Claim 10 is rejected for the same reason because it contains the term “the top wall.”
Claim 10 is also indefinite because the term “the tubular sidewalls” lacks antecedent basis.
Claim 11 is indefinite because it depends on claim 10. Claim 11 is also indefinite the limitation of “the walls” lacks antecedent basis.
The claims sets are replete with casually written typo and indefinite issues. Please proof read before resubmitting.
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.
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.
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 are rejected as follows:
Claims 1–4, 8–11 are rejected under 35 U.S.C. 103 as being obvious over Seitz, US 2016/0082380 A1 (“Seitz”) in view of Gordon, US 2005/0241282 A1 (“Gordon”).
Regarding claim 1:
Seitz discloses that apparatus comprising an aperture plate (Seitz’s aperture plate 106, Seitz Fig. 2, [0022]) defining a plurality of apertures (Seitz’s apertures 120, Id.),
a plurality of tubular filters (Seitz’s tubular filters 108, Seitz Fig. 1, [0022]) hanging from the apertures (120 of Seitz),
one per aperture (as shown in Seitz Fig. 2).
Seitz does not disclose a vibrator attached to the aperture plate for shaking the plurality of tubular filters.
In the analogous art of gas filtering tubes, Gordon discloses a vibrator 2300 that could be coupled to a backflush tube 40, which is attached to an aperture plate (Gordon’s circular top manifold 50, Gordon Fig. 3 and Fig. 23A, [0055] and [0125]). Gordon discloses that while performing ionic, molecular, micro and particle filtration, vibration of a filter during back flushing or cross flow filtration greatly improves the efficiency of filtering, Gordon [0125]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include Gordon’s vibrator 2300 at Seitz’s aperture plate for the benefits disclosed.
Regarding claim 2:
Modified Seitz discloses that apparatus as in claim 1 further comprising a pulse-jet assembly (Seitz’s pulse jet assembly 132, Seitz Fig. 2, [0028]) including a plurality of nozzles for pulsing jets of gas down the plurality of filters (as clearly shown and described in Seitz Fig. 2, [0028]),
one nozzle per filter (see Seitz Fig. 2),
and a conduit connecting the pulse jet assembly to the vibrator for actuating the vibrator when the plurality of filters is pulsed, wherein the vibrator is pneumatically actuated (modified Seitz discloses such feature because Gordon discloses its vibrator could be couple to a backflush tube, in modified Seitz, would be Seitz’s pulse-jet assembly 132, Seitz Fig. 2 and Gordon Figs. 3 and 23A, Gordon’s vibrator is pneumatically actuated because Gordon discloses its vibrator 2300 maybe coupled to a pipe carrying fluid for backflushing, which means it is pneumatically actuated by the backflushing fluid, is pneumatically actuated [0126]).
Regarding claim 3:
Modified Seitz discloses that apparatus as in claim 2 further comprising a receptacle (Seitz’s bin 302, Seitz Fig. 3, [0022]) beneath the plurality of tubular filters (308 of Seitz) for collecting dust dislodged by the pulsing jets and shaking (as shown in Fig. 3, Seitz Fig. 3,[0022]).
Regarding claim 4:
Modified Seitz discloses that apparatus as in claim 3 further comprising a dusty gas distributor (Seitz’s dirty gas distributor 104, Seitz Fig. 3, [0022]) for supplying dusty gas into a volume surrounding the tubular filters (ad indicated by arrow in Seitz Fig. 3),
an enclosure (Seitz’s peripheral wall 322, Seitz Fig. 2, [0025]) surrounding the pulse jet assembly,
and an exhaust fan (Seitz’s exhaust fan 138, Seitz Fig. 1, [0030]) connected to the enclosure (322 of Seitz) for drawing gas from the dirty gas distributor (104 of Seitz) and through the walls of the plurality of tubular filters (as shown in Fig. 1 of Seitz, Seitz [0022]).
Regarding claim 8:
Seitz discloses that a removable magazine assembly (as shown in Seitz Fig. 2) for filter cartridges comprising an aperture plate (Seitz’s aperture plate 106, Seitz Fig. 2, [0022]) defining a plurality of apertures (Seitz’s aperture 120, Seitz Fig. 2, [0040]),
a plurality of tubular filters hanging from the apertures (Seitz’s filters 108, Seitz Fig. 2, [0022]),
one per aperture (as shown in Seitz Fig. 2, [0022]),
a dirty gas distribution means (Seitz’s dirty gas distributor 104, (as shown in Seitz Fig. 1) Fig. 1, [0022])) supporting the aperture plate (106 of Seitz) and positioned to distribute dirty gas laterally from a peripheral location with respect to the filters to locations between the filters (as shown in Seitz Fig. 1),
said dirty gas distribution means (104 of Seitz) comprising a pair of parallel tunnels (tunnels where apertures 146 locates, Seitz Fig. 2, [0034]) spaced apart from each other (as shown in Seitz Fig. 2) and nozzles (Seitz’s orifices 146, Seitz Fig. 3, [0034]) to direct dirty gas from the tunnels to between the filters (best shown in Fig. 1 of Seitz), and four side walls (external walls where orifices 146 locates, Seitz Fig. 3) attached to the dirty gas distribution means (104 of Seitz, Fig. 1) and extending in a direction normal to the aperture plate (106 of Seitz ) and peripherally to the plurality of tubular filters (as best shown in Seitz Fig. 1) to form an open-bottomed box (best shown in Seitz Fig. 2) having a height sufficient to contain the tubular filters (height is best shown Seitz Fig. 1),
wherein each tunnel is defined by a tubular sidewall having opposite top and bottom walls (top wall is where label 104 locates in Seitz Fig. 2, and bottom is the opposite wall of top wall), and outer and inner walls (outer walls is where label 146 points and inner wall is the opposite of outer wall, Seitz Fig. 2),
and the top wall supports the aperture plate (see Seitz Fig. 1).
Seitz does not disclose a vibrator attached to the aperture plate.
In the analogous art of gas filtering tubes, Gordon discloses a vibrator 2300 that could be coupled to a backflush tube 40, which is attached to an aperture plate (Gordon’s circular top manifold 50, Gordon Fig. 3 and Fig. 23A, [0055] and [0125]). Gordon discloses that while performing ionic, molecular, micro and particle filtration, vibration of a filter during back flushing or cross flow filtration greatly improves the efficiency of filtering, Gordon [0125]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include Gordon’s vibrator 2300 at Seitz’s aperture plate for the benefits disclosed.
Regarding claim 9:
Seitz discloses that a magazine for filter cartridges (Seitz’s assembly as shown in Fig. 1) comprising an aperture plate (Seitz’s aperture plate 106, Seitz Fig. 2, [0022]) defining a plurality of apertures (120 of Seitz as shown in Seitz Fig. 2, [0022]),
a plurality of tubular filters (Seitz’s filter 108, Seitz Fig. 2, [0022]) hanging from the apertures (120 of Seitz),
one per aperture (as shown in Seitz Fig. 2),
a dirty gas distribution means (Seitz’s dirty gas distributor 104, Seitz Fig. 2, [0022]) positioned to distribute dirty gas from a peripheral location with respect to the filters (as shown in Fig. 1 of Seitz),
said dirty gas to distribution means (105 of Seitz) comprising a first pair of parallel tubular sidewalls forming a pair of tunnels spaced apart from each other (where label 146 points in Seitz Fig. 2 and the tunnel located parallel to where label 146 points, Seitz Fig. 2, [0034]),
and a second pair of tubular sidewalls (tunnel structure pointed by label 152 in Seitz Fig. 2 and the corresponding parallel tunnel) connecting the ends of the first pair (as shown in Fig. 2) and four side walls (external wall of dirty gas distributor 104, Seitz Fig. 2, [0034]) attached to the dirty gas distribution means (104 of Seitz) and extending in a direction away from the aperture plate (downward direction in reference to Seitz Fig. 2) and peripherally to the plurality of tubular filters to form a box having a height sufficient to contain the tubular filters (best shown in Fig. 1 of Seitz),
and an end closure (interior of Seitz’s bin 102, Seitz Fig. 1, [0022]) on the box opposite the aperture plate (106 of Seitz) to form a dust collection chamber for collected dust (Seitz Fig. 1, [0022]),
said magazine for filter cartridges being positioned on a bin (Seitz’s bin 102, Seitz Fig. 1, [0022]) and forming at least a partial ceiling for the bin and being removable as a unit from the bin for disposal of collected dust along with the unit (as shown in Fig. 2, Seitz Fig. 2, [0022]).
Seitz does not disclose a vibrator attached to the aperture plate.
In the analogous art of gas filtering tubes, Gordon discloses a vibrator 2300 that could be coupled to a backflush tube 40, which is attached to an aperture plate (Gordon’s circular top manifold 50, Gordon Fig. 3 and Fig. 23A, [0055] and [0125]). Gordon discloses that while performing ionic, molecular, micro and particle filtration, vibration of a filter during back flushing or cross flow filtration greatly improves the efficiency of filtering, Gordon [0125]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include Gordon’s vibrator 2300 at Seitz’s aperture plate for the benefits disclosed.
Regarding claim 10:
Seitz discloses apparatus comprising a bin (Seitz’s bin 102) and a magazine for filter cartridges (108 of Seitz, Id.) positioned on the bin (102 of Seitz),
said magazine for filter cartridges comprising an aperture plate (Seitz’s aperture plate 106, Seitz Fig. 2, [0022]) defining a plurality of apertures (Seitz’s apertures 120, Seitz Fig. 2, [0022]),
a plurality of tubular filters (108 of Seitz, Fig. 2, [0022]) hanging from the apertures (120 of Seitz),
one per aperture (as shown in Fig. 2 of Seitz),
a dirty gas distribution means (104 of Seitz, Fig. 2, [0022]) positioned to distribute dirty gas from a peripheral location with respect to the filters (as best shown in Seitz Fig. 1),
said dirty gas to distribution means (104 of Seitz ) comprising a first pair of parallel tubular sidewalls forming a pair of tunnels spaced apart from each other (the parallel pair of tunnel pointed by label 146 in Seitz Fig. 2),
and a second pair of tubular sidewalls connecting the ends of the first pair (the parallel pair of tunnels pointed by label 152, Seitz Fig. 2, [0034]),
and four side walls (peripheral walls pointed by label 146 in Seitz Fig. 2) attached to the dirty gas distribution means (104 of Seitz) and extending in a direction away from the aperture plate (106 of Seitz) and peripherally to the plurality of tubular filters to form a box having a height sufficient to contain the tubular filters (108 of Seitz, configuration best shown in Fig. 1) and an end closure (interior of bin 102, Seitz Fig. 1, [0022]) on the box opposite the aperture plate (106 of Seitz) to form a dust collection chamber for collected dust (as shown in Fig. 1),
said magazine for filter cartridges being positioned on the bin (102 of Seitz ) and forming at least a partial ceiling for the bin (as best shown in Fig. 2 of Seitz) and being removable as a unit from the bin for disposal of collected dust along with the unit (as best shown in Fig. 2 of Seitz),
wherein the tubular sidewalls each has opposite top and bottom walls (top wall is where label 104 locates in Seitz Fig. 2, and bottom is the opposite wall of top wall), and outer and inner walls (outer walls is where label 146 points and inner wall is the opposite of outer wall, Seitz Fig. 2),
and the top wall supports the aperture plate (see Seitz Fig. 1).
Seitz does not disclose a vibrator attached to the aperture plate.
In the analogous art of gas filtering tubes, Gordon discloses a vibrator 2300 that could be coupled to a backflush tube 40, which is attached to an aperture plate (Gordon’s circular top manifold 50, Gordon Fig. 3 and Fig. 23A, [0055] and [0125]). Gordon discloses that while performing ionic, molecular, micro and particle filtration, vibration of a filter during back flushing or cross flow filtration greatly improves the efficiency of filtering, Gordon [0125]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include Gordon’s vibrator 2300 at Seitz’s aperture plate for the benefits disclosed.
Regarding claim 11:
Seitz discloses apparatus as in claim 10 wherein the bin comprises an exchangeable rectilinear bin having an open upper end and a closed lower end (Seitz’s bin 102 is rectilinear with an open upper end pointed by label 144 in Fig. 2 and a closed bottom as best shown in Fig. 2, and it is exchangeable, Seitz Fig. 2, [0047] and [0040]),
a roof (Seitz’s roof 110, Seitz Fig. 2, [0022]) is positioned above the at least one aperture plate (106 of Seitz),
a clean-gas chamber (defined by peripheral wall 322, Seitz Fig. 2, [0025]) is defined between the at least one aperture plate (106 of Seitz) and the roof (110 of Seitz, Fig. 2),
said clean-gas chamber being partly defined by a peripheral wall (Seitz’s peripheral wall 322, Seitz Fig. 2, [0025]) extending between the at least one aperture plate (106 of Seitz) and the roof (110 of Seitz),
and a pulse-jet assembly (pointed by label 132 in Seitz Fig. 2) is positioned at least partly in the clean-gas chamber (defined by 322 of Seitz),
said pulse-jet assembly including a plurality of nozzles (124 of Seitz Fig. 1, [0025]) for pulsing jets of gas down the plurality of filters (as shown in Fig. 1, Id.),
one nozzle per filter (as best shown in Seitz Fig. 2),
and a conduit connecting the pulse jet assembly to the vibrator for actuating the vibrator when the plurality of filters are pulsed (modified Seitz discloses such feature because Gordon discloses its vibrator could be couple to a backflush tube, in modified Seitz, would be Seitz’s pulse-jet assembly 132, Seitz Fig. 2 and Gordon Figs. 3 and 23A),
said apparatus further comprising an exhaust fan (Seitz’s fan 138, Seitz Fig. 2, [0030]) connected to the clean-gas chamber (defined by 322 of Seitz, Seitz Figs. 1–2) for drawing gas from the dirty gas distributor and through the walls of the plurality of tubular filters (as best shown in Fig. 1 of Seitz).
Claim 5 is rejected under 35 U.S.C. 103 as being obvious over Seitz in view of Gordon as applied to claim 4 above, and in further view of Clements, US 2008/0022856 A1 (“Clements”).
Regarding claim 5:
Modified Seitz does not disclose that apparatus as in claim 4 wherein the aperture plate (106 of Seitz) is constructed of sheet metal, however, Gordon discloses metal could be used to make the top manifold 50, Gordon Fig. 3, [0055]. It would therefore have been obvious to modified Seitz’s aperture plate to be made of metal as disclosed by Gordon because metal is known in the art as being suitable to make tubesheet. Additionally, a person of ordinary skill in the art would be motivated to use metal for metal is durable.
Modified Seitz also does not disclose that the vibrator is attached to an elongated stiffener extending at least partway across the aperture plate.
In the analogous art of air filter tubes comprising pulse jet cleaning systems, Clements discloses a aperture plate (Clements’s tubesheet 24, Clements Fig. 3, [0027]) comprising an elongated stiffener (Clements’s frame 22, Clements Fig. 3, [0027]) extending at least partway across the aperture plate (24 of Clements). Clements discloses its blow pipe 124 is permenantly secured to the frame 22 by a clamp or bracket, Clements Fig. 2, [0038]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include Clements’s frame 22 to strengthen modified Seitz’s system because modified Seitz’s system encounters vibration, and using an additionally frame structure for such purpose is known in the art. With such modification, modified Seitz would have its vibrator 2300 from Gordon attached to Clements’s frame 22 because the vibrator 2300 in modified Seitz is attached to the pulse jet structure, which is attached to frame 22 as disclosed by Clements.
Claim 6 is rejected under 35 U.S.C. 103 as being obvious over Seitz in view of Gordon and Clements as applied to claim 5 above, and in further view of Han et al., CN 105999895 A (“Han”)1.
Regarding claim 6:
Modified Seitz does not disclose that apparatus as in claim 5 wherein the aperture plate measures from 1 to 3 meters wide and from 2 to 5 meters long and has a thickness in the range of 0.4 to 4 mm.
In the analogous art of tubesheet dust filtration device, Han discloses a particle settling chamber with a length of 1440 mm (1.4 m) and width of 1380 mm (1.38 m), Han Fig. 2, p. 3. Additionally, Han discloses a steel plate with a thickness of 3 mm, Han Fig. 2, p. 3. Han therefore discloses a width and thickness range falls within the claimed range. Han also discloses a length range is merely close to the claimed invention, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close, MPEP 2144.05(I).
Note here in Seitz, the tube sheet size is essentially the dust chambers size and therefore, Han’s particle settling chamber width and length would be the same as Seitz’s aperture plate length and width. Additionally, the size of aperture plate directly determined how many filtration tubes can be accommodated, and therefore it would have been a routine engineering choice to decide the size of the aperture sheet depends on the filtration capacity required and space limits.
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Seitz in view of Gordon applied to claim 1 above, and in further view of Fry et al., US 2013/0283563 A1 (“Fry”).
Regarding claim 7:
Modified Seitz discloses that apparatus as in claim 1 further comprising a pulse-jet assembly (Seitz’s pulse jet assembly 132, Seitz Fig. 2, [0028]) including a plurality of nozzles for pulsing jets of gas down the plurality of filters (as clearly shown and described in Seitz Fig. 2, [0028]),
one nozzle per filter (see Seitz Fig. 2),
and a conduit connecting the pulse jet assembly to the vibrator for actuating the vibrator when the plurality of filters is pulsed (modified Seitz discloses such feature because Gordon discloses its vibrator could be couple to a backflush tube, in modified Seitz, would be Seitz’s pulse-jet assembly 132, Seitz Fig. 2 and Gordon Figs. 3 and 23A).
Modified Seitz does not disclose that the vibrator is electrically actuated.
In the analogous art of dust filter vibrations, Fry discloses a filter vibrator assembly 68 that includes an electrical motor 78 with a power source 88. Fry Fig. 3, [0027]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include Fry’s vibrator assembly 68 as a complementary part to Gordon’s pneumatically actuated vibrator because electrical vibrators are easy to control frequency and pace, and it would be nice to have such device in case a pneumatically actuated vibrator is not sufficient to dislodge the filter cake.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1, 8–10 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 2 of prior U.S. Patent No. US 10668420 B2. This is a statutory double patenting rejection.
Claim 11 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 of prior U.S. Patent No. US 9901858 B2. This is a statutory double patenting rejection.
Conclusion
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/Qianping He/Examiner, Art Unit 1776
1 A copy of Han’s original document and machine translation are provided with the office action. The examiner relies on the original document for the figure and machine translation for the text.