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
Applicant’s election without traverse of Group I (claims 1-8) in the reply filed on 7/1/2026 is acknowledged.
Claims 9-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 7/1/2026.
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.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,858,229 to Uemura et al. (hereinafter “Uemura”).
Regarding claim 1, Uemura discloses a spiral wound filtration element (see col. 5, line 21 – col. 9, line 45) comprising:
a central permeate collection tube (shaft 20, 50) having multiple openings along its length and a permeate outlet at one or both ends (see Fig. 2, 11a);
a spiral bundle (spiral bundle 54)(see figure 13) comprising at least one membrane envelope (10, 40) (see Fig. 1a, 11a) and at least one feed spacer means (21)(see Fig. 1c) for producing feed channels in the spiral wound filtration element, the at least one membrane envelope and at least one feed spacer means being wound about the central permeate collection tube, wherein:
each membrane envelope comprises two sections of membrane sheet and permeate channel spacer means (15, 45)(see Fig. 1b, 11b-11c) for providing a permeate channel between the two sections of membrane sheet, each membrane envelope being sealed on each of a first edge (48), a second edge opposite the first edge (part of adhesive 46 on the side opposed to 48), and a distal edge (47), and being open on a proximal edge (figure 11a), each membrane envelope being affixed to the central permeate collection tube (50) such that the open proximal edge of each membrane envelope is in fluid communication with one or more of the multiple openings along the length of the permeate collection tube, said spiral bundle has opposing first (see scroll surface on the left side of element 54 in Fig. 14) and second scroll faces (see scroll surface on the right side of the element 54 in Fig. 14) at opposite ends of the spiral bundle, an exterior longitudinal surface (exterior surface 54) between the first and second scroll faces, and feed channels between adjacent external surfaces of the at least one membrane envelope in the spiral bundle (see Fig. 14), and
the first scroll face includes at least two concentric, axially displaced regions, at least one of said concentric, axially displaced regions of the first scroll face being sealed (surface of the spiral attached to the fin 49 is sealed by the fin 49)(see Fig. 13) with respect to the feed channels (most-left surface of fin 49 and scroll surface on the left of the device of Fig. 14), and at least one of said concentric, axially displaced regions of the first scroll face being unsealed (scroll surface on the left side of the element 54 is unsealed) so as to permit a feed fluid to flow through such unsealed region of the first scroll face and into the feed channels of the spiral bundle or a concentrate to flow out of the feed channels of the spiral bundle through such unsealed region; the spiral wound filtration element further comprising an opening on the second scroll face, on the exterior longitudinal surface of the spiral bundle, or both, to permit a concentrate to flow out the feed channels of the spiral bundle or a feed fluid to flow into the feed channels of the spiral bundle (see opening on the second scroll surface at the position of the three arrows "permeate water")(see Fig. 14).
Regarding claims 3-5, Uemura teaches that the first scroll face has exactly two concentric, axially displaced regions wherein the concentric, axially displaced regions include an inner region (see region inside fin 49) and an outer region (see region outside a fin 49), and the inner region or the outer region is displaced axially outward relative to the outer region or the inner region respectively (see Fig. 13).
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.
Claims 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Uemura.
Uemura teaches the spiral wound filtration element of claim 1 as disclosed above.
Regarding claim 2, , Uemura teaches that the first scroll face has exactly two concentric, axially displaced regions wherein the concentric, axially displaced regions include an inner region (see region inside fin 49) and an outer region (see region outside a fin 49), and the inner region is displaced axially outward relative to the outer region (see Fig. 13).
Claim 2 differs from Uemura in reciting that the at least two concentric, axially displaced regions are axially displaced from each other by an average distance of 1 mm to 2 cm.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the at least two concentric, axially displaced regions axially displaced from each other by an average distance of 1 mm to 2 cm depending on the desired size of the two concentric, axially displaced regions, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 7, Uemura discloses "the fin 49 may be made of a synthetic resin film or sheet and is preferably bonded to the membrane 40 with adhesives" (see col. 8, lines 63-65). Uemura discloses hardening liquid resin such as epoxy resin (see col. 6, lines 61-62).
Claim 7 differs from Uemura in reciting an adhesive seal selected from the group consisting of a hot-melt adhesive and a curable adhesive having at least one reactive monomer. A hot-melt adhesive and a curable adhesive having at least one reactive monomer are well-known adhesives. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Allowable Subject Matter
Claims 6 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KIM whose telephone number is (571)272-1142. The examiner can normally be reached Maxi Flex.
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/John Kim/Primary Examiner, Art Unit 1772
JK
7/9/26
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