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
Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/12/2026.
Applicant’s election without traverse of claims 1-4 in the reply filed on 02/12/2026 is acknowledged.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 2022113840878, filed on 11/07/2022.
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.
Claims 2 and 3 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.
Claim 2 recites the limitation "the permeate tubes" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites “the membrane separator can be detachably connected via flanges, gaskets, and bolts.” It is unclear whether all three are required simultaneously.
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 non-obviousness.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al. U.S. Pub. No. 20170348643 A1, December 07, 2017 (hereinafter “Noguchi”) in view of Bradford et al. U.S. Pub. No. 20040011723 A1, January 22, 2004 (hereinafter “Bradford”).
Regarding claim 1, Noguchi discloses a multi-element membrane separator including a cylindrical membrane housing (2), multiple tubular separation membranes (3) disposed parallel with the axial line of the housing (2), a support plate (5) disposed at the bottom of the housing (2), a bottom cover/end cap (6A) and a top cover/end cap (6B) which are attached to the bottom end and the top end of the housing (2), respectively, a first baffle (rectification plate) (7) and a second baffle (rectification plate) (8) which are disposed at a bottom position and a top position, respectively, in the housing (2) parallel with the support plate (5) (figs. 1, 2, 7-10, and 15; paragraph 0096). Noguchi further discloses that a multi-tubular separation membrane module which is equipped with a number of (e.g., 2 to 3,000; preferably 50 to 1,500) tubular separation membranes (paragraph 0098). Noguchi also disclose openings and interfaces for processing target fluid, permeation fluid, and non-permeation fluid flow through ports/openings (figs. 1-2, inlet 9, outlet 10; paragraph 0099). However, Noguchi fails to disclose that the membrane elements are spiral-wound membrane elements.
Bradford discloses spiral-wound membrane assemblies including a permeate tube (20), membrane sheets (22, 24, 26), and spacer structures arranged in a spiral-wound configuration (figs. 7A-7C; paragraph 0102). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the membrane element of Noguchi to utilize the known spiral-wound membrane configuration taught by Bradford because spiral-wound assemblies are known to provide compact multi-element membrane separation structures with increased membrane surface area and efficient fluid separation within a housing.
Regarding claim 2, Noguchi discloses a perforated/support plates (7a, 8a) disposed between the membrane housing and end members/end caps (6A, 6B) (figs. 1-6, paragraphs 0096, 0103-0105). Noguchi disclose opening (25a) formed in the support/perforated plates through which membrane end pipe extend (paragraphs 0110, 0127) corresponding to the claimed openings in the perforated plates. Noguchi further discloses that the end pipe is supported by a support plate which is disposed so as to transverse the housing, and that the end pipe is inserted in an insertion hole which is formed in the one plate surface of the support plate (paragraphs 0040-0044, 0197). Noguchi additionally disclose sealing members/O-rings (30, 31, 32, 33) disposed at the connections between the end pipes and the openings of the support plates to establish sealing between them (figs. 9-10, paragraphs 0107-0108).
However, Noguchi does not expressly disclose that the membrane separator includes spiral-wound membrane elements having permeate tubes. Bradford discloses spiral wound membrane assemblies including a permeate tube (20) (figs. 7A-7C; paragraphs 0099-0100). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the membrane separator of Noguchi with membrane tubes taught by Bradford in order to provide compact membrane arrangements with efficient permeate collection and fluid separation within membrane housings.
Regarding claim 3, Noguchi discloses that the end pipe is supported by a support plate which is disposed so as to transverse the housing, and that the end pipe is inserted in an insertion hole which is formed in the one plate surface of the support plate (paragraphs 0040-0044, 0197). Noguchi further discloses sealing members/O-rings (30, 31, 32, 33) and detachable fastening arrangements (figs. 9-10, paragraphs 0107-0108).
Noguchi in paragraph [0097] discloses that the housing includes flanges (2a, 2b, 6b, and 6c) that project outward from the bottom end and the top end of the housing (2) and the edges of the outer circumferential portions of the bottom cover (6A) and the top cover (6B), respectively, and are fixed together by bolts. A circumferential edge portion of the support plate (5) is held between the flanges (2a and 6b) via a gasket (figs. 1-3; paragraph 0144).
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Regarding claim 4, Noguchi discloses a fluid which has permeated the tubular separation membrane, flow through the tubular separation membrane and is taken out as shown in figure 1 above. However, Noguchi fails to disclose feed-side spacers, permeates-side spacers and permeate tube in a spiral-wound membrane element configuration. Bradford discloses spiral-wound assemblies including a permeate tube (20), membrane sheets (22, 24, 26), and spacer structures arranged in a spiral-wound configuration (figs. 7A-7C; paragraph 0102). Bradford further discloses that the filtration membrane optionally comprises a spiral wound membrane and that the membrane may comprise feed spacers and flow obstructions (paragraphs 0055-0057, 0100-0102). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the spiral-wound membrane assembly of Bradford inherently includes permeate-side spacers/permeate flow channels for directing permeated fluid toward the permeate tube, as this is a necessary component of spiral wound membrane element. It would have been obvious to modify the membrane separator of Noguchi to utilize the spiral-wound membrane assembly in order to improve membrane packing density, permeate collection efficiency and fluid flow distribution within membrane separation systems.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Holland et al. (U. S. Pub. No. 4855058 A, August 08, 1989) discloses a high recovery spiral-wound membrane element (see figures 1-3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRIAM N EZELUOMBA whose telephone number is (571)272-0110. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 5712707872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.N.E./Examiner, Art Unit 1776
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
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