DETAILED ACTION
This action is in response to an application filed with the US on 04/23/2024, in which claims 1-9 are pending and ready for examination.
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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 24 APRIL 2024 is/are in compliance with the provisions of 37 CFR 1.97 and has/have been considered. An initialed copy of Form 1449 is enclosed herewith.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 5,096,584 (hereinafter “Reddy”) in view of US 6,162,358 (hereinafter “Li”).
Regarding Claim 1 Reddy discloses a laminated composition for use in a permeable membrane system (Figs. 6 and 11), comprising:
(a) a substantially planar permeate carrier 114; bounded by first and second permeate carrier surfaces and four permeate carrier edges (i.e. as is inherent to the sheets shown), and made of a material that allows transport of fluid through the permeate carrier from a first permeate carrier edge to a second permeate carrier edge between the first and second permeate carrier surfaces (C18/L37-46);
(b) a substantially planar polymer membrane layer 112, bounded by first and second polymer membrane layer surfaces and four polymer membrane layer edges (i.e. as is inherent to the sheets shown), that allows transport of fluid through the polymer membrane layer from the first polymer membrane layer surface to the second polymer membrane layer surface;
(e) one or more spacing features 111; disposed on and bonded to either the second polyester substrate surface or the first permeate carrier surface, where the one or more spacing features extend by a distance away from the surface to which they are bonded (wherein the spacing features 111 are disclosed to be glue or adhesive, which are deposited onto the permeate carrier 114, and thus are obviously bonded at least to the permeate carrier (C12/L42-43); and
(f) where the substantially planar permeate carrier is disposed adjacent the membrane, with the first permeate carrier surface adjacent the permeate surface of the membrane with the spacing features between the first permeate carrier surface and the permeate surface of the membrane; (Fig. 6 and 11, C13/4-26 and C14/L50-60).
Reedy does not disclose the laminated composition comprises (b) a substantially planar polyester substrate, bounded by first and second polyester substrate surfaces and four polyester substrate edges, that allows transport of fluid through the polyester substrate from the first polyester substrate surface to the second polyester substrate surface; (c) a substantially planar polysulfone layer, bounded by first and second polysulfone layer surfaces and four polysulfone layer edges, that allows transport of fluid through the polysulfone layer from the first polysulfone layer surface to the second polysulfone layer surface, where the second polysulfone layer surface is bonded to the first polyester substrate surface; or thus that the second polymer membrane layer surface is bonded to the first polysulfone layer surface, and the permeate surface of the membrane is the second polyester substrate surface.
However, with regard to a substantially planar polyester substrate and a substantially planar polysulfone layer, Reddy discloses that the membrane may be a multilayer/composite membrane having additional support layer(s) between the polymer membrane layer and the permeate carrier including a (micro)porous membrane support 41 (C9/L46-48, C10/L7-19, C17/L24-25), wherein the support may be polysulfone (C16/L34-36) the membrane may be polyamide (C16/L58-62) and may be used for reverse osmosis (C8/L47-51, C16/L15-19); i.e. and thus the membrane 112 may be a composite reverse osmosis membrane comprising a polyamide membrane layer supported by a microporous polysulfone layer.
Further Li discloses that polyamide thin film composites for reverse osmosis are widely used in water purification, and that said thin film composite usually comprise a polyamide membrane formed by interfacial polymerization performed on the surface of porous polysulfone substrates (i.e. casting on the polysulfone layer), the polysulfone substrates being further supported by a backing of a woven or nonwoven fibrous polyester (C1/L14-30).
Therefore, before the effective filing date, it would have been prima facie obvious to one of ordinary skill in the art to modify the laminated composition of Reddy by using for the membrane a composite membrane comprising a substantially planer polyamide membrane layer supported by a substantially planer microporous polysulfone layer, which is further supported by a substantially planer polyester layer as disclosed by Li because this thus involves the simple substitution of known composite polyamide membranes for reverse osmosis to obtain the predictable result of forming a functional laminated composition for use in a permeable membrane system. Wherein obviously, each of the layers of the composite membrane is bonded to its adjacent layer so the membrane functions as a composite membrane.
Thus in combination Reddy in view of Li discloses (b) a substantially planar polyester substrate, bounded by first and second polyester substrate surfaces and four polyester substrate edges, that allows transport of fluid through the polyester substrate from the first polyester substrate surface to the second polyester substrate surface; (c) a substantially planar polysulfone layer, bounded by first and second polysulfone layer surfaces and four polysulfone layer edges, that allows transport of fluid through the polysulfone layer from the first polysulfone layer surface to the second polysulfone layer surface, where the second polysulfone layer surface is bonded to the first polyester substrate surface; or thus that the second polymer membrane layer surface is bonded to the first polysulfone layer surface, and the permeate surface of the membrane is the second polyester substrate surface, (f) where the substantially planar permeate carrier is disposed adjacent the substantially planar polyester substrate, with the first permeate carrier surface adjacent the second polyester substrate surface with the spacing features between the first permeate carrier surface and the second polyester substrate surface
Regarding Claims 2-3 Reddy in view of Li discloses the laminated composition of claim 1, wherein the spacing features 111/162 are disclosed to be glue or adhesive, which are deposited onto the permeate carrier 114 (Reddy C12/L42-43), it is not disclosed if the spacing features are bonded only to the permeate carrier/spacer 114 on which they are deposited, or if they are also bonded to the overlying membrane’s permeate surface; and thus either configuration, i.e. bonded only to the permeate carrier 114 or both the carrier and the membrane are seen to be obvious choices amongst a finite number of alternative options for how to apply/bond the spacing features 162. And further, whether the spacing features are bonded to either the permeate carrier, the membranes permeate surface (i.e. the second polyester substrate surface), both or neither, would only be a difference in making them integral or making the separable; where making integral items separable or separable items integral has been held to be obvious; see MPEP 2144.04 (V)(B.-C.). Thus it is seen as obvious to have the spacing features bonded to either the permeate carrier, the membranes permeate surface (i.e. the second polyester substrate surface), both or neither.
Regarding Claim 4 Reddy in view of Li discloses the laminated composition of claim 1, wherein the permeate carrier comprises a mesh; (i.e. permeate carrier spacers 114 may be SIMPLEX and VEXAR which are both considered mesh, Reddy C18/L37-46, Example 2 C23/L4-12).
Regarding Claim 5 Reddy in view of Li discloses forming a spirally wound reverse osmosis element, comprising a laminated composition as in claim 1, spirally wound around a central collection tube 15 having a hollow center, where the permeate carrier 114 is in fluid communication with the hollow center; (Reddy Figs. 1, 4, 6 and 11, C8/L47-51, C13/4-26, C14/L50-60, and C16/L15-19).
Regarding Claim 6 Reddy discloses a method of producing a laminated composition for use in a permeable system (Figs. 6 and 11), comprising:
(a) providing a substantially planar permeate carrier 114, bounded by first and second permeate carrier surfaces and four permeate carrier edges (i.e. as is inherent to the sheets shown), and made of a material that allows transport of fluid through the permeate carrier from a first permeate carrier edge to a second permeate carrier edge between the first and second permeate carrier surfaces (C18/L37-46);
(b) providing a substantially planar polymer membrane layer 112, bounded by first and second polymer membrane layer surfaces and four polymer membrane layer edges (i.e. as is inherent to the sheets shown), that allows transport of fluid through the polymer membrane layer from the first polymer membrane layer surface to the second polymer membrane layer surface;
(e) bonding one or more spacing features on either the second polyester substrate surface or the first permeate carrier surface, where the one or more spacing features extend by a distance away from the surface to which they are bonded (wherein the spacing features 111 are disclosed to be glue or adhesive, which are deposited onto the permeate carrier 114, and thus are obviously bonded at least to the permeate carrier (C12/L42-43); and
(f) disposing the substantially planar permeate carrier 114 adjacent the membrane 112, with the first permeate carrier surface adjacent the permeate surface of the membrane with the spacing features between the first permeate carrier surface and the permeate surface of the membrane; (Fig. 6 and 11, C13/4-26 and C14/L50-60).
Reedy does not disclose (b) providing a substantially planar polyester substrate, bounded by first and second polyester substrate surfaces and four polyester substrate edges, that allows transport of fluid through the polyester substrate from the first polyester substrate surface to the second polyester substrate surface; (c) providing a substantially planar polysulfone layer, bounded by first and second polysulfone layer surfaces and four polysulfone layer edges, that allows transport of fluid through the polysulfone layer from the first polysulfone layer surface to the second polysulfone layer surface, and binding the second polysulfone layer surface to the first polyester substrate surface; (d) casting the substantially planar polymer membrane layer onto the first polysulfone layer surface.
However, with regard to a substantially planar polyester substrate and a substantially planar polysulfone layer, Reddy discloses that the membrane may be a multilayer/composite membrane having additional support layer(s) between the polymer membrane layer and the permeate carrier including a (micro)porous membrane support 41 (C9/L46-48, C10/L7-19, C17/L24-25), wherein the support may be polysulfone (C16/L34-36) the membrane may be polyamide (C16/L58-62) and may be used for reverse osmosis (C8/L47-51, C16/L15-19); i.e. and thus may be a composite reverse osmosis membrane of a polyamide membrane layer supported by a microporous polysulfone layer.
Further Li discloses that polyamide thin film composites for reverse osmosis are widely used in water purification, and that said thin film composite usually comprise a polyamide membrane formed by interfacial polymerization performed on the surface of porous polysulfone substrates (i.e. casting on the polysulfone layer), the polysulfone substrates being further supported by a backing of a woven or nonwoven fibrous polyester (C1/L14-30).
Therefore, before the effective filing date, it would have been prima facie obvious to one of ordinary skill in the art to modify the laminated composition of Reddy by using for the membrane a composite membrane comprising a substantially planer polyamide membrane layer supported by a substantially planer microporous polysulfone layer, which is further supported by a substantially planer polyester layer as disclosed by Li because this thus involves the simple substitution of known composite polyamide membranes for reverse osmosis to obtain the predictable result of forming a functional laminated composition for use in a permeable membrane system. Wherein obviously, each of the layers of the composite membrane is bonded to its adjacent layer so the membrane functions as a composite membrane.
Thus in combination Reddy in view of Li discloses (b) providing a substantially planar polyester substrate, bounded by first and second polyester substrate surfaces and four polyester substrate edges, that allows transport of fluid through the polyester substrate from the first polyester substrate surface to the second polyester substrate surface; (c) providing a substantially planar polysulfone layer, bounded by first and second polysulfone layer surfaces and four polysulfone layer edges, that allows transport of fluid through the polysulfone layer from the first polysulfone layer surface to the second polysulfone layer surface, and binding the second polysulfone layer surface to the first polyester substrate surface; (d) casting the substantially planar polymer membrane layer onto the first polysulfone layer surface; (f) disposing the substantially planar permeate carrier adjacent the substantially planar polyester substrate, with the first permeate carrier surface adjacent the second polyester substrate surface with the spacing features between the first permeate carrier surface and the second polyester substrate surface, as claimed.
Regarding Claims 7-8 Reddy in view of Li discloses the method of claim 6, wherein the spacing features 111/162 are disclosed to be glue or adhesive, which are deposited onto the permeate carrier 114 (Reddy C12/L42-43), it is not disclosed if the spacing features are bonded only to the permeate carrier/spacer 114 on which they are deposited, or if they are also bonded to the overlying membrane’s permeate surface; and thus either configuration, i.e. bonded only to the permeate carrier 114 or both the carrier and the membrane are seen to be obvious choices amongst a finite number of alternative options for how to apply/bond the spacing features 162. And further, whether the spacing features are bonded to either the permeate carrier, the membranes permeate surface (i.e. the second polyester substrate surface), both or neither, would only be a difference in making them integral or making the separable; where making integral items separable or separable items integral has been held to be obvious; see MPEP 2144.04 (V)(B.-C.). Thus it is seen as obvious to have the spacing features bonded to either the permeate carrier, the membranes permeate surface (i.e. the second polyester substrate surface), both or neither.
Regarding Claim 9 Reddy in view of Li discloses the method of claim 6, wherein step (a) comprises providing a mesh; (i.e. permeate carrier/spacers 114 may be SIMPLEX and VEXAR which are both considered mesh, Reddy C18/L37-46, Example 2 C23/L4-12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric J. McCullough whose telephone number is (571)272-8885. The examiner can normally be reached Monday-Friday 10:00-6:00.
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/ERIC J MCCULLOUGH/ Examiner, Art Unit 1773
/BENJAMIN L LEBRON/ Supervisory Patent Examiner, Art Unit 1773
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