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 Interpretation
Claims directed to an apparatus must be distinguished from the prior art on the basis of structural differences. Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990) (“[A]pparatus claims cover what a device is, not what a device does.”) (emphasis in original). Likewise, the “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Otto, 312 F.2d 937 (CCPA 1963). It is firmly rooted that because an apparatus is a structure, an apparatus must be distinguished from prior art on the basis of its structure, and where a prior art structure is inherently “capable of” performing the claimed function of the apparatus, the burden shifts to the applicant to show that the claimed function patentably distinguishes the claimed structure from the prior art structure. See, In re Schreiber, 128 F.3d 1473, 1478 (Fed. Cir. 1997); In re Hallman, 655 F.2d 212, 215 (CCPA 1981). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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.
Claim 7 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
With respect to claim 7, the claim recites “the heat exchange jacket device.” There is insufficient antecedent basis for this limitation in the claim.
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (CN 113045370 A) in view of Wu (CN 113318578 A).
With respect to claim 1, Zhu discloses a columnar tubular reactor (see Zhu (English translation), drawing and accompanying text) used in a sulfonation process comprising a reactor tank (reactor shell) 20, a plurality of tubes 8 spaced within the reactor tank 20, a heat exchange medium inlet 10, and a heat exchange medium outlet 7 provided on the reactor tank 20, and one or more baffles 9 located between the heat exchange medium inlet 10 and the heat exchange medium outlet 7, forming a shell side (i.e. heat exchange jacket arrangement outside the reactor shell) between the heat exchange medium inlet and the heat exchange medium outlet 7, a reactor outlet 6 disposed at the upper portion of the reactor tank 20, the reactor outlet 6 (i.e. a gas-liquid two-phase outlet disposed at the top of the reactor) being in fluid communication with the tube interior of the plurality of column tubes 8 (i.e. the column tubes located at the upper portion of the gas distributor); a gas feed unit and a liquid feed unit disposed in a lower portion of the reactor box, the liquid feed unit being positioned in an upper portion of the gas feed unit; a gas distributor 3 spacing the liquid feed unit from the gas feed unit, the gas distributor having a plurality of axial through holes therein to fluidly communicate the liquid feed unit with the gas feed unit. In the tube-by-tube reactor of the present application, the reactor 20 may be in the shape of a cylinder for housing the individual tubes and serving as a vessel for the shell-side fluid.
The gas feed unit comprises a gas distributor located in the gas distributor 3 (i.e. in communication with the gas phase inlet), the gas phase material enters the gas phase inlet into the cavity inside the gas distributor, then mixes with the liquid phase before steadily flowing through the column tube and finally out through the gas-liquid two-phase outlet) below the gas inlet 2 (i.e. the gas phase inlet at the lower end of the middle of the reactor shell), and the gas cavity drain 1 at the bottom of the reactor (see Zhu (English translation), drawing and accompanying text).
A gas feed unit and a liquid feed unit are provided in a lower portion of the reactor box, the liquid feed unit being in fluid communication with an interior of the tubes of the plurality of columns. Moreover, to facilitate delivery of the liquid feed into the tubes, the liquid feed is positioned at the upper portion of the gas feed unit such that the liquid feed is introduced together into each tube by rising the gas stream (see Zhu (English translation), drawing and accompanying text).
Also included is a gas distributor 3 that spaces the liquid feed unit from the gas feed unit. A plurality of axial through holes are provided in the gas distributor 3 to fluidly communicate the liquid feed unit with the gas feed unit. The liquid feed unit comprises a liquid feed chamber 30, a liquid tangential feed opening 5 in the reactor wall (i.e. the lower part is provided with a liquid phase inlet), and a baffle 11 (see Zhu (English translation), drawing and accompanying text).
Zhu does not explicitly disclose wherein the gas distributor is an electrodispersive gas distributor having a plurality of needle electrodes on the upper surface, a gas hole in the center of the needle electrodes, and a column tube above the electrodispersive gas distributor, the lower end of the column tube being grounded, and the needle electrode being connected to a high voltage pole.
However, Wu discloses a gas-liquid mixed-phase discharge plasma based flue gas treatment system and method, specifically plasma reactors A1 and B2 respectively comprise a plasma reactor body, the bottom of which is provided with a second gas mixing chamber 11, such chamber being provided with an air inlet 12 and a flue gas inlet 13 as shown in Figures 2 and 3. The air inlet 12 is connected to an air intake duct and the flue gas inlet 13 is connected to the first gas mixing chamber 10 through the solenoid reversing valve 3. A needle electrode plate 14 is provided above the second gas mixing chamber 11, above the needle electrode plate 14, a capillary plate 15 is provided, on which the needle electrodes 14 are arranged in an array, and an which the capillary plates 15 are arranged in an array, the needle electrodes in the array are arranged in a corresponding position to the capillary tubes in the array in the are inserted into the capillary tubes in the corresponding position as shown in Figures 4 and 5. The pin electrode plate 14 is connected to a high voltage pulse power supply. Above the capillary plate 15, an exchange inlet 16, an exchange outlet 17, a ground plate electrode 18, and an exhaust port 19 are provided. The ground electrode plate 18 is in the phase directly above the opposite capillary plate 15, above the liquid level (see Wu (English translation), Figs. 1-4 and accompanying text).
The above-mentioned technical features of Wu serve the same role as in the present application, i.e. the gas-liquid contact is improved by means of an electrodispersive gas distributor. Thus, the technical solution provided for the in the claimed apparatus is obtained on the basis of Zhu combined with Wu and the technical means are conventional in the art.
With respect to claim 2, a person skilled in the art can adapt a specific shape of the gas distributor according to the actual needs, it being within the usual choice of the art to place the column tubes in a one-to-one correspondence with the electrodes and to place the central axes in-line. The mere rearrangement of parts of a prior art device is not patentable in the absence of new or unexpected results. MPEP § 2144.04(IV)(C).
With respect to claim 3, Zhu discloses an arrangement of the upper end cap, the middle casing, and the lower end cap, and additionally the position of the gas phase inlet can be adjusted as required by a person skilled in the art, and the arrangement of the insulation layer on the upper and lower portions of the gas phase inlet is conventional in the art and the position of the insultation layer can be adjusted as required by the person skilled in the art. The mere rearrangement of parts of a prior art device is not patentable in the absence of new or unexpected results. MPEP § 2144.04(IV)(C).
With respect to claims 4-7, the dimensions of the column tubes and needle electrodes are adjustable by the person skilled in the art. Wu discloses the needle motor is tungsten wire, filling within the column tube is conventional in the art. Zhu discloses a heat exchange portion positioned in an intermediate casing, the heat exchange portion being provided with a heat exchange medium inlet and a heat exchange medium outlet at a lower end and at an upper end, respectively (see Zhu (English translation), drawing and accompanying text).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Boyer whose telephone number is (571) 272-7113. The examiner can normally be reached Monday through Friday from 10:00 A.M. to 7:00 P.M. (EST).
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 number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Randy Boyer/
Primary Examiner, Art Unit 1771
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