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 .
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.
Claims 1-15 are 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.
In claim 1, it is unclear whether recitation in the “impregnating” clause of “at least a part of the depth filter” refers to the same depth filter portion as introduced by the “at least a part of the depth filter” in the “providing” clause.
In claim 2, “removing at least a part of the depth filter” is ambiguous as to whether such refers to removing of a part of the filter from the remainder of the filter, or instead, refers to removing at least a part of the filter from a filtering location.
In claim 6, in the 1st “wherein “clause, it is unclear whether “a depth filter” refers to the same “depth filter” which is recited as can be built onto a carrier layer in the preceding “filter device” clause; and
it is unclear whether recitation in the 2nd “wherein” clause of “at least a part of the depth filter” refers to the same depth filter portion as introduced by the “at least a part of the depth filter” in the 1st “wherein” clause.
In claim 7, the claim is ambiguous or unclear as to whether plural recitations of “filter building oil” each refer back to the same “building oil” material and to the same “filter building oil” introduced in claim 6 from which claim 7 depends; and whether recitation of “a separation aid” refers back to the same “separation aid” material introduced in claim 6.
In claim 8, the claim is ambiguous or unclear as to whether recitation of “a filter building oil” refer back to the same “building oil” material recited in claims 6 and 7 from which claim 8 depends; and whether recitation of “a separation aid” refers back to the same “separation aid” material recited in claims 6 and 7.
In claim 1, it is unclear whether recitation in the “impregnating” clause of “at least a part of the depth filter” refers to the same depth filter portion as introduced by the “at least a part of the depth filter” in the “providing” clause.
In claim 9, it is unclear whether recitation in the “impregnating” clause of “at least a part of the depth filter” refers to the same depth filter portion as introduced by the “at least a part of the depth filter” in the “providing” clause.
In claim 10, it is unclear whether recitation in the “impregnating” clause of “at least a part of the depth filter” refers to the same depth filter portion as introduced by the “at least a part of the depth filter” in the “wherein” clause of claim 9.
In claim 11, it is unclear whether plural recitations of “at least a part of the depth filter” each refer to the same depth filter portion, and whether they refer back to the same “at least a part of the depth filter” introduced in the “wherein” clause of claim 9.
In claim 12, it is unclear whether recitation of “a separation aid” refers to the same material as introduced in claim 7, from which claim 12 depends.
Claim 13 is indefinite, since it depends from claim 1 which is indefinite by reason of lack of clarity regarding whether recitation in the “impregnating” clause of claim 1 of “at least a part of the depth filter” refers to the same depth filter portion as introduced by the “at least a part of the depth filter” in the “providing” clause of claim 1.
Claim 14 is improperly repetitive and redundant to claim 4 from which it depends and repeats recitation of the same properties of the separation aid as recited in claim 4 except for additionally reciting that thee separation aid “has polar properties”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tinkham et al PGPUBS Document US 2016/0082375 (Tinkham ‘375). Referenced paragraph numbers of the Specification of the Tinkham PGPUBS Document are identified with “[ ]” symbols.
For independent claim 1, Tinkham ‘375 discloses a method for purification of contaminated oil [0028-0030 re purification of edible oil by removing fatty acids contaminants], the method comprising at least the following two phases:
a filter preparation phase which includes the steps of:
providing a depth filter by building at least a part of the depth filter from a filter material [0032 regarding providing of a “deep bed filter” and [0063-0064 regarding producing a depth filter product having a series of layers of substrates, filter aids and adsorbent material to build depth and provide a matrix]; and
impregnating at least a part of the depth filter with a separation aid [0063 regarding the filter element product including filter aids and [0096 and 0129 re filter aid particles being “dispersed” in the interstices of high loft nonwoven material of the filter, thus the separation aid impregnating the filter], and
an oil filtering phase including the step of filtering contaminated oil, the contaminated oil being unmixed with separation aid, through the depth filter prepared during the filter preparation phase [0028-0030, 0120, 0122, 0128 and 0132 re circulating and recirculating oil contaminated with free fatty acids which are removed by the filter] .
For claim 2, Tinkham ‘375 discloses wherein the oil filtering phase further includes a final step of removing at least a part of the depth filter [0140-0141 re trimming of the edges (‘edge portions) of dry-formed sample portions of the filter].
For claim 3, Tinkham ‘375 discloses wherein the filter preparation phase and the oil filtering phase are repeated at least once ([0120 re the oil being “recirculated” through the filters], [0139 and 0140 re repeating of filter preparation] and [0142-0143, 0146 and 0148 re circulating oil through runs of sampling of oil filtration effectiveness]).
Claims 1, 4, 5, 13 and 14 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Sundstrom Patent Publication WO 2018/199837 (Sundstrom).
For independent claim 1, Sundstrom discloses a method for purification of contaminated oil (page 1, Summary, page 1, lines 19-20), the method comprising at least the following two phases:
a filter preparation phase which includes the steps of:
providing a depth filter by building at least a part of the depth filter from a filter material (page 13, lines 20-28 ); and
impregnating at least a part of the depth filter with a separation aid (page 13, lines 13-15 and 31-32 re absorbing of separation aid in the depth filter), and
an oil filtering phase including the step of filtering contaminated oil, the contaminated oil being unmixed with separation aid, through the depth filter prepared during the filter preparation phase (page 13, lines 13-15 re filtering oil subsequent to separation aid being absorbed in the depth filter and lines 19-21 re batches of oil to be purified, such oil batches and lines 27-28 re passing a “rest of the oil phase” portion over the depth filter, which is separate and thus unmixed with separation aid) .
For claim 4, Sundstrom further discloses: wherein at least one of:
wherein the separation aid is substantially insoluble in the contaminated oil (see page 9, lines 14-23 re separation aid comprising at least one polar polymer not soluble in the oil and page 10, lines 25-29 re the separation aid and captured oil impurities forming a sludge layer separate from an oil phase in a sedimentation step, hence the separation aid being substantially oil-insoluble); and
the separation aid is configured to adsorb and/or absorb contaminating solids and/or dissolved impurities in the contaminated oil by chemical interactions, (see page 12, lines 26-28 re the filter medium and separation aid enabling adsorption of solid particle contaminants ).
For claim 5, Sundstrom further discloses:
wherein the step of providing a depth filter includes: providing a filter building oil to a filter building arrangement (page 10, lines 18-24 regarding sedimentation tank 21 with mixer 33, inlet 23 to receive building oil from feed tank 13 and an inlet from separation aid dosing device 13) , the filter building oil being a part of the contaminated oil or another oil (page 10, lines 18-19 and 26 regarding such oil also being oil which is to be purified and have impurities);
adding filter material to the filter building arrangement (page 13, lines 20-23 re mixing of cellulose powder filtering material into an amount of the oil phase to be purified);
mixing the filter building oil and the filter material (page 13, line 21-23 re mixing of the cellulose fiber powder and oil phase); and
circulating the mixed filter building oil and filter material over a carrier layer of a filter device until a depth filter is formed in the filter device from the added filter material (page 13, lines 23-26 re passing the cellulose fiber filter material and oil over a disposable or reusable carrier layer material, a multiple number of times to build up a depth filter), and
wherein the step of impregnating includes two substeps performed simultaneously or sequentially:
adding a separation aid to the filter building oil in the filter building arrangement; and
circulating the filter building oil over the depth filter (again see page 10, lines 18-22 re mixing oil and separation aid with mixing device 33 in tank 21 and passing, i.e. “circulating” the mixture of filter material and oil phase over a carrier layer).
For claim 13, Sundstrom further discloses a computer program product comprising instructions executable in a processor of a control system in a system for purification of oil to direct the control system to perform the method according to claim 1 (see also page 18, lines 15-30 re such computer program product and instructions for controlling performing of the claim 1 method including controlling sensors, pumps and valves in the system).
For claim 14, Sundstrom further discloses: wherein at least one of:
the separation aid has polar properties and such that the separation aid is substantially insoluble in the contaminated oil (see page 9, lines 14-23 re separation aid comprising at least one polar polymer not soluble in the oil and page 10, lines 25-29 re the separation aid and captured oil impurities forming a sludge layer separate from an oil phase in a sedimentation step, hence the separation aid being substantially oil-insoluble); and
the separation aid is configured to adsorb and/or absorb contaminating solids and/or dissolved impurities in the contaminated oil by chemical interactions (for each of claims 4 and 14), (see page 12, lines 26-28 re the filter medium and separation aid enabling adsorption of solid particle contaminants).
Claims 1, 4-9, 12, 14 and 15 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Persson et al WO 2020/162815 (Persson).
For independent claim 1, Persson discloses a method for purification of contaminated oil (Background of the Invention and Summary, page 1, lines 7-20), the method comprising at least the following two phases:
a filter preparation phase which includes the steps of:
providing a depth filter by building at least a part of the depth filter from a filter material (page 6, lines 7-17 and page 11, lines 17-21 re building up a depth filter by circulating a mix of cellulose fiber powder material and filter building oil); and
impregnating at least a part of the depth filter with a separation aid (page 9, lines 17-28 re adding of separation aid to the depth filter with contaminated oil and page 11, lines 2-8 re separation aid being absorbed by and integrated into the filter cake and become part of the filter, hence “impregnating the filter”), and
an oil filtering phase including the step of filtering contaminated oil, the contaminated oil being unmixed with separation aid, through the depth filter prepared during the filter preparation phase (page 13, lines 21-24 re filtering oil subsequent to separation aid being absorbed in the depth filter and page 14, lines 8-12 re batches of oil to be purified, such oil batches and lines 14-17 re “remaining free contaminations can also get caught…depth filter” portion over the depth filter, which is separate and thus unmixed with separation aid) .
For claim 4, Persson further discloses: wherein at least one of:
the separation aid is substantially insoluble in the contaminated oil (see page 8, lines 5-7); and
the separation aid is configured to adsorb and/or absorb contaminating solids and/or dissolved impurities in the contaminated oil by chemical interactions (see page 8, lines 5-10).
For claim 5, Persson further discloses:
wherein the step of providing a depth filter includes: providing a filter building oil to a filter building arrangement, the filter building oil being a part of the contaminated oil or another oil (page 10, lines 17-23);
adding filter material to the filter building arrangement (page 10, lines 17-20 re adding cellulose fiber powder to filter building oil);
mixing the filter building oil and the filter material (page 10, lines 17-20 re adding or mixing cellulose fiber powder to filter building oil); and
circulating the mixed filter building oil and filter material over a carrier layer of a filter device until a depth filter is formed in the filter device from the added filter material (page 11, lines 9-31 regarding circulation steps until a sufficient sized filter cake is built up on the carrier layer to form the depth filter), and
wherein the step of impregnating includes two substeps performed simultaneously or sequentially:
adding a separation aid to the filter building oil in the filter building arrangement (page 7, lines 6-15 re adding and dosing separation aid to mixing tank 3 of the filter building arrangement); and
circulating the filter building oil over the depth filter (again see page 11, lines 9-31 regarding circulation steps until a sufficient sized filter cake is built up on the carrier layer to form the depth filter).
For independent claim 6, Persson discloses a system for purification of contaminated oil (Summary, page 1, lines 19-20), the contaminated oil being unmixed with separation aid (page 1, lines 25-26 to originally unmixed contaminated oil being mixed with liquid separation aid), the system comprising:
a tank (2) for containing contaminated oil to be purified and having an outlet (tank 2 having outlet to line 8 (page 11, lines 11-13);
a filter device (21) including a carrier layer onto which a depth filter can be built, an inlet (28) fluidly connected with the outlet (8) of the tank (fluidly connected via intermediate system components as illustrated in figure 1) and an outlet (40), (see page 9, line 29-page 10, line 2 and page 10, lines 17-21; and
a filter building arrangement (17/3/23) fluidly connected to both of the inlet and the outlet of the filter device and configured to circulate a fluid over the filter device (see figure 1 illustrating mixing tanks 3 and 23 and circulating lines as described at page 10, lines 21-30 and page 11, lines 9-32),
wherein the filter building arrangement (23) is configured for building at least a part of a depth filter (21) in the filter device from a filter material by circulating a filter building oil and filter material over the carrier layer of the filter device (page 11, lines 9-32 re the filter building process and page 9, lines 17-28 re adding of separation aid to the depth filter with contaminated oil and page 11, lines 2-8 re separation aid being absorbed by and integrated into the filter cake and become part of the filter, hence “impregnating the filter”), and
wherein the filter building arrangement is further configured for impregnating at least a part of the built depth filter with a separation aid by circulating filter building oil with an added separation aid over the built depth filter (page 11, lines 9-32 re the filter building process including circulation of filtering material between the mixing vessel 23 to the depth filter, filter inlet 28 and withdrawing filtering material from filter outlet 40 back to the vessel inlet 24b of the mixing vessel 23) and page 9, lines 17-28 re adding of separation aid to the depth filter with contaminated oil and page 11, lines 2-8 re separation aid being absorbed by and integrated into the filter cake and become part of the filter, hence “impregnating the filter”).
For claim 7, Persson further discloses wherein the filter building arrangement further includes:
a filter material dosing device 25 (see fig 1) configured for adding a filter material to a filter building oil in the filter building arrangement (page 11, lines 13-23 and lines 28-31 re adding a dose of fiber filter material for each circulation of material);
a separation aid dosing device 13 configured for adding a separation aid to a filter building oil in the filter building arrangement (page 7, lines 13-17) ;
fluid connections for circulating filter building oil over the filter device (inlet 7a from one or more feed tanks 2 to mixing tank 3 and mixing tank one or more and circulation lines including valved circulation line 26 to inlet 28 of filter 21/27 and recycling circulation line 40 through valve 51, see figure 1 and page 11, lines 23-28) ; and
a pump for pumping the filter building oil over the filter device (page 12, lines 19-30 re a plurality of pumps and valves including pumps for feeding content in and out of the mixing tank).
For claim 8, Persson further discloses wherein the filter building arrangement further includes:
a filter material mixing tank 23 having an inlet for receiving a filter building oil from the tank of contaminated oil 3 or from a source of filter building oil 2, and an outlet 24a fluidly connected to the inlet 28 of the filter device (figure 1 and page 11, lines 19-24); and
a recirculation fluid line connecting the outlet of the filter device 40 with the inlet of the filter material mixing tank 24b (page 11, lines 9-13) ,
wherein the separation aid dosing device is fluidly connected to the filter material mixing tank such that a separation aid can be dosed into the filter material mixing tank (page 7, lines 13-17), and
wherein the filter material dosing device 25 is fluidly connected to the filter material mixing tank such that a filter material can be dosed into the filter material mixing tank (page 11, lines 13-23 and lines 28-31 re adding a dose of fiber filter material for each circulation of material) .
For claim 9, Persson further discloses the system comprising a control system 31 provided in communication connection with at least:
a separation aid pump provided in the separation aid dosing device (figure 1 illustrating a pump symbol on the feed line from separation aid tank 13/14 to inlet 7b of mixing tank 11);
a filter material pump provided in the filter material dosing device (figure 1 illustrating a pump symbol on the outlet line 26 of dosing device tank 23) ;
a main pump provided in the system for pumping fluid over the filter device (see also line 11 having a pump symbol on the line for pumping fluid from mixing tank 11 to tank 23 and then over the filter device); and
valves provided in the system (page 11, lines 21-22 and 29-30 regarding plural pumps and valves),
wherein the control system is configured for controlling the main pump, the separation aid pump, the filter material pump and the valves such that a method including at least two phases is provided (page 12, lines 19-31 re controlling of plural pumps and see figure 1 regarding a plurality of pump symbols),
the method including a filter preparation phase (page 10, lines 1-21 re building of filter cake or depth filter from filter building oil and cellulose fiber powder filtering material and an oil filtering phase (page 9, lines 17-18),
the filter preparation phase including providing a depth filter (page 9, lines 29-31 re the filtering arrangement comprising a depth filter):
by building at least a part of a depth filter from a filter material by controlling the filter material pump to pump a filter material to the filter building arrangement (also see page 12, lines 19-30 re controlling of pumps and valves as well as controlling the depth filter building and circulation of filter building oil and cellulose fiber powder filter material) and
by controlling the main pump to circulate the filter material together with filter building oil over the filter device (again see page 12, lines 19-30 re controlling of pumps and valves as well as controlling the depth filter building and circulation of filter building oil and cellulose fiber powder filter material) and
by impregnating at least a part of the depth filter with separation aid by controlling the separation aid pump to pump separation aid to the filter building arrangement and controlling the main pump to circulate the separation aid over the filter device (page 11, lines 2-8 re separation aid being absorbed by and integrated into the filter cake and become part of the filter, hence “impregnating the filter”),
the oil filtering phase including controlling the main pump such that contaminated oil from the tank is pumped through the depth filter which has been built in the filter device during the filter preparation phase (again see page 12, lines 19-30 re controlling of pumps and valves as well as controlling the depth filter building and circulation of filter building oil and cellulose fiber powder filter material) .
For claim 12, Persson further discloses wherein the separation aid dosing device includes a separation aid tank containing a separation aid substantially insoluble in the contaminated oil and configured to adsorb and/or absorb contaminating solids and/or dissolved impurities in the contaminated oil (also see figure 1 and page 7, lines 13-15 re separation aid tank 14).
For claim 14, Persson further discloses: wherein at least one of:
the separation aid has polar properties such that the separation aid is substantially insoluble in the contaminated oil (see page 8, lines 5-7); and
the separation aid is configured to adsorb and/or absorb contaminating solids and/or dissolved impurities in the contaminated oil by chemical interactions (see page 8, lines 5-10).
For claim 15, Persson further discloses wherein at least one of:
the separation aid has polar properties such that the separation aid is substantially insoluble in the contaminated oil (see page 8, lines 5-7); and
the separation aid is configured to adsorb and/or absorb contaminating solids and/or dissolved impurities in the contaminated oil by chemical interactions (see page 8, lines 5-10).
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 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tinkham et al PGPUBS Document US 2016/0082375 (Tinkham ‘375) in view of Bose patent 4,094,770. Referenced paragraph numbers of the Specification of the Tinkham PGPUBS Document are identified with “[ ]” symbols.
For claims 4 and 14, Tinkham ‘375) further discloses the separation aid, in combination with other filter materials present, being configured to adsorb and/or absorb contaminating solids and/or dissolved impurities in the contaminated oil ([0063 re the depth filter element comprising filter aids and/or adsorbent materials and/or adsorbent particles and [0093 re filter aid optionally comprising “ion exchange resin” and/or “superabsorbent polymer”]).
Claims 4 and 14 differ by requiring the separation aid as being substantially insoluble in the contaminated oil, with claim 14 additionally requiring the separation aid as having “polar properties”.
Tinkham also discloses in [0093] that the filter aid materials may comprise particles of calcined metallic oxides, e.g. magnesium, aluminum, potassium, calcium, zinc and ferric oxides.
Bose teaches a process of removing suspended solids from oil (Abstract), the oil including metal oxide impurities which form a mixture of “oil-insoluble materials (column 6, lines 21-26).
Thus, it would have been obvious to one of ordinary skill in the oil filtration art to have utilized materials which are inherently oil-insoluble in the filter aid material, in view of Bose, as Bose teaches that metal oxides have the property of inherently being oil-insoluble.
Allowable Subject Matter
Claims 10 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
For claim 10, further comprising a filter removing device connected to the filter device and configured to remove at least a part of a depth filter from the filter device. None of the prior art suggests a filter removing device in the form of a device connected to the filter device configured to remove at least a part of the depth filter from the filter device.
For claim 11, further comprising a filter removing device connected to the filter device and configured to remove at least a part of a depth filter from the filter device and
wherein the control system is communicatively connected with and configured for controlling the filter removing device,
the oil filtering phase further including a final step of controlling the filter removing device to remove at least a part of the depth filter and
wherein the control system is configured for controlling the system such that the filter preparation phase and the oil filtering phase are repeated at least once.
None of the prior art suggests a configuration in which the control system is operative such that it is communicatively connected with and configured for controlling the filter removing device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References are made of record concerning various forms of separation or filter aid materials and mechanisms for applying such filter or separation aid materials to various types of filters including depth filters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Joseph Drodge at his direct government formal facsimile phone number telephone number of 571-272-1140. The examiner can normally be reached on Monday-Friday from approximately 8:00 AM to 1:00PM and 2:30 PM to 5:30 PM.
If attempts to reach the examiner are unsuccessful, the examiner' s supervisor, Benjamin Lebron, of Technology Center Unit 1773, can reached at 571-272-0475.
The telephone number, for official, formal communications, for the examining group where this application is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from the Patent Examiner. Unpublished application information in Patent Center is available to registered users. Visit https:///www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https:///www.uspto.gov/patents/apply/patents/docx for information about filing in DOCX format. For additional questions contact the Electronic Business Center EBC) at 866-217-9197 (toll free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (in USA or Canada) or 571-272-1000.
JWD
03/01/2026
/JOSEPH W DRODGE/ Primary Examiner, Art Unit 1773