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 .
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. BE2021/5441, filed on 06/02/2021.
Response to Amendment
The amendments filed 03/25/2026 has been entered. Claims 18-27, and 29-32 are currently amended and remain pending in the application. Claims 1-17, and 28 are cancelled.
Applicant’s amendments on the Drawings have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 12/29/2025.
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 18-20, and 26-30 are rejected under U.S.C. 103 as being unpatentable over McKenna et al. EP 2528677 B1, Aug. 23, 2017 (hereinafter (“McKenna”) in view of Jiang et al. CN 112495066 A, March 16, 2021 (hereinafter “Jiang”), in further view of Lamers et al. CN 106474884 A, March 08, 2017 (hereinafter “Lamers”).
Regarding claim 18, McKenna teaches a device for purifying gas (paragraph 0015), wherein the device substantially comprises a canister (figures 1(a)-(e) - canister 10) having an inlet for gas figures 1(a)-(d) – gas inlet 14, paragraph 0069) to be purified and an outlet (figures 1(a)-(d) – gas outlet 16, paragraph 0069) for purified gas, wherein in the canister two or more blocks (paragraph 0081) of a adsorbent agent are arranged which are stacked on top of each other to form a stack (paragraph 0011), wherein a seal is arranged between the stacked blocks (paragraph 0011), wherein the blocks are being held together by: an element/stakes extending through the blocks/sheets (figure 15 – stakes 142, paragraph 0040); and/or an enclosure made of a non-elastic or flexible material (figures 17(a-d), paragraph 0081) which is arranged around the stack of blocks; and/or the fact that the seals are glued to the blocks (paragraph 0011), wherein the canister 10 has a front/ loading door 17 (figures 1(a-d)) with a closing/ locking mechanism 18 (figures 1(a-d)) around the blocks. However, McKenna fails to disclose that the enclosure comprises one or more portions which can be fastened together circumferentially around the stack of the two or more blocks by means of a click system or bolts.
Lamers discloses an adsorption apparatus comprising multiple adsorption elements (19A, 19B) stacked together and provided with sealing elements arranged around the circumferential edges of the adsorption elements (figs. 2, 3, and 5; paragraphs 0068-0078). Lamers further discloses a casing structure (22) positioned around the adsorption elements, wherein the sealing structure are arranged around the outer circumferential region of the stacked adsorption elements; fastening element (32) and fastening member (33) associated with the casing arrangement (fig. 5; paragraph 0104-0105).
Jiang discloses a removable fastening arrangement utilizing a snap-fit mechanism (43) in which snap-fit ring (431) engages a snap-fit groove (311) to secure filtration components together while permitting assembly and disassembly of the structure (figs. 4-5; paragraphs 0045-0047).
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 stacked adsorbent assembly of McKenna by incorporating the circumferential sealing and surrounding enclosure arrangement of Lamers and further employing the snap-fit mechanism of Jiang. One would have been motivated to do so in order to facilitate assembly and disassembly of the adsorbent blocks, improve retention and sealing of the stacked adsorbent blocks, and permit replacement and maintenance of individual components while maintaining the structural integrity of the adsorption assembly.
Regarding claim 19 and 20. McKenna discloses that the adsorbent sheets can be stacked with a staple or staples, a wire, rod(s), a cord, rivet(s), or elastic materials (paragraph 0043).
Regarding claim 26, McKenna discloses that the canister/vessel can be composed of a rigid material, such as stainless steel or glass fiber reinforced plastic (paragraph 0069).
Regarding claim 27, McKenna fails to disclose the enclosure is made up of several portions, each component comprising a clamping system that can snap into two successive blocks. However, Jiang teaches a clamping mechanism (figures 2 and 4 – clamping mechanism 43) that connects each filter plate independently, so they can be detached from the mounting bracket conveniently for cleaning or replacing function (paragraph 0044). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to separate the blocks using a clamping system as it simplifies maintenance, improves accessibility, and the ability to withstand operating pressures.
Regarding claim 28-30, McKenna fails to disclose the enclosure is a coating which is applied around the blocks. McKenna also fails to teach the seal extends over the circumferential edges of the blocks stacked on top of each another, the seal being constructed of a cylinder jacket which is arranged over the circumferential edges of the blocks and consists of two V-shaped positioned lips attached to the inside of the cylinder jacket and facing inwards, extending between the blocks, wherein the free edges of the cylinder shell are unfolded away from the blocks, wherein the outermost blocks of the stack of blocks are provided on their free circumferential edge with an end seal which is designed as a V-shaped seal, which is slid over the respective circumferential edge, such that a first leg of the end seal presses against the axial top surface of the outermost block, while the second leg of the end seal presses against the radial outer wall of the block, the end seal being provided with a protrusion where the two legs are connected to each other, wherein the free end of the second leg is unfolded away from the block
However, Lamers discloses the integral support structure being at least partially provided with a coating containing absorbent (paragraph 0025). The coating preferably also includes binder material (paragraph 0068). Lamers discloses a sealing element (figure 3 – sealing element 22) disposed between the two absorbing element that are stacked with each other and located on the periphery of the absorbing element on the edge of annular seal member in such a case the stack of the absorbent element and inwardly directed at least one radial lip edge (and in this example are two inwardly directed V-shaped radial lip edge 23) extends between the contact surfaces (paragraph 0078). Lamers also teaches the V-shaped sealing member (figure 5 – sealing member 34) on the top (or in other words connected together on the two arms 35 and 38) on the side part has the protruding part 39 (see figure 5, paragraph 0109).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply a coating around the blocks as at taught by Lamers, to stabilize the structure, prevent shedding and create a defined boundary layer without requiring a separated rigid housing. Also, it would have been obvious to incorporate the sealing element taught by Lamers to the stack the blocks taught by McKenna to support the structure.
Claims 21-24, 31-32 are rejected under U.S.C. 103 as being unpatentable over McKenna, Lamers and Jiang, as applied to claim 18 above, in further view of Carruthers et al. U.S. PG Pub. No. 2008/0302246 A1, Dec. 12, 2008 (hereinafter “Carruthers”).
McKenna is relied upon as above.
Regarding claims 21-24, McKenna fails to disclose the rod is provided at both ends with a nut or the like for clamping the blocks between the two nuts and the rod is provided at one end with a stop or abutment for the blocks, which stop or abutment is gas-permeable. Wherein the other end of the rod is provided with a nut or the like. Also, McKenna fails to teach a spring element between the nut and block.
However, Carruthers discloses that the rods (figure 6 – rods 412, 414) extend vertically downwardly through the stack of physical adsorbent pucks and at their lower ends are secured by locking assemblies (paragraph 0099). By tightening the nuts on the threaded rods until the nuts are in bearing contact with the floors of the cavities, the vertically stacked puck array is held in a fixed position (paragraph 0100). The rods can be secured to the closure member (figure 6), or may alternatively be secured to the floor of the vessel, with the rods passing through openings in the pucks. The rods, as mentioned, may be secured at one end (to the closure member or to the floor of the vessel) by thread-able engagement with threaded receiving openings in the closure member or the floor, or by welds, gluing, press fitting, or any other method or means of securement (paragraph 0101).
Carruthers also discloses using spring assemblies in the positional stabilization structure, to fix the position of the monolithic adsorbent articles in the multi-article array (paragraph 0038). Figure 1 shows a coil spring 60 (paragraph 0044) that is reposed in the central opening of the top wall. The coil spring 60 is compressed to bear on the distribution plate, which in turn exerts compressive bearing pressure on the vertically stacked blocks (paragraph 0040).
It would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the rod taught by Carruthers to the canister taught by Mckenna in view of claim 18 to provide support for the stacked blocks. Additionally, adding a spring element between the nut and block can be incorporated into the design by anyone skilled in the art to provide cushioning.
Regarding claims 31-32, Mckenna fails to disclose the stack of blocks is provided at its ends with an inlet element and an outlet element, and that the spring element is integrated in the inlet element or in the outlet element.
However, Carruthers discloses a lower distribution plate 64 and an upper distribution plate 62 (figure 1, paragraph 0045) arranged in the interior of the vessel. Figure 3 shows a dual-spring arrangement at the top and bottom of the vessel (figure 3, paragraph 0048). The coil spring 180 rests on the floor 114 of the vessel and exerts upward compressive force on the blocks. The upper spring is placed in the threaded cylindrical opening (figure 3, paragraph 0051). Such dual-spring arrangement enhances the load bearing character of the lower distribution plate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add an element to the inlet and outlet of the device to enhance its efficiency. Carruthers uses a distribution element to achieve more uniform flow and improved contact efficiency. It would be also obvious to one skilled in the art to add the spring element to the inlet and outlet of the vessel to maintain positional stability and accommodate pressure-induced movement.
Claim 25 is rejected under U.S.C. 103 as being unpatentable over McKenna, Lamers, and Jiang, as applied to claim 18 above, in further view of Kaboord et al. U.S. PG Pub. No. 2005/0247049 A1, Nov. 10, 2005 (hereinafter “Kaboord”).
Regarding claim 25, McKenna fails to disclose the enclosure comprises a hose or tube arranged around the blocks, wherein at both ends of the hose or tube an end cap or cover is fitted. However, Kaboord discloses an enclosure comprising a tube arranged around the blocks and cover fitting (see figures 4-5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that having an enclosure with an end cap or cover provide predictable benefits, such as defining a closed interior volume, enabling easy assembly, preventing leakage and allowing secure retention of internal elements.
Response to Amendment
Applicant’s arguments filed 03/25/2026, with respect to the rejection of claim 18 under 35 U.S.C. 102 over McKenna have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration in view of Applicant’s amendments and arguments, a new ground of rejection under 35 U.S.C. 103 is made over McKenna in view of Lamers, in further view of Jiang.
Applicant’s amendment to claim 18 directed to the enclosure being arranged in the vessel and the enclosure comprising one or more portions that can be fastened together circumferentially around the stack of blocks by means of a click system or bolts overcomes the anticipation rejection based on McKenna. However, in view of the amended claim language, the teachings of Lamers and Jiang have been applied to the newly recited limitations. Lamers discloses a surrounding enclosure and sealing arrangement associated with stacked adsorption elements, while Jiang discloses a snap-fit fastening mechanism for securing portions of a filtration assembly together. Accordingly, although McKenna does not expressly disclose all of the amended limitations, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lamers and Jiang into McKenna’s adsorption assembly to achieve the claimed configuration.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/M.N.E./Examiner, Art Unit 1776
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
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