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
Applicant’s election without traverse of Group II, Claims 6-8 in the reply filed on August 26, 2026 is acknowledged. Claims 1-5 have been withdrawn as being directed to a non-elected invention.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Toru et al. (JP2009226232A, relied on machine translation, hereinafter Toru).
In regard to Claim 6, Toru discloses a crystallization apparatus (#1) which forms a circulation path between a main reaction unit (#10) and a thickening reaction tank (#12), and performs reaction crystallization,
wherein the circulation path includes an inflow path (#20) from the main reaction unit (#10) to the thickening reaction tank (#12 solid-liquid separation tank), and an outflow path (#50, #26, #24) from the thickening reaction tank (#12) to the main reaction unit (#10) (see figure 1 and paragraphs [0020]-[0022]),
a stirring zone to which the inflow path and the outflow path are connected is provided in a lower portion of the thickening reaction tank (lower zone inside solid-liquid separation tank #12 where inlet #20 and pipe #50 are connected) (see figure 1 and paragraphs [0022]-[0023]),
a clarification zone (upper part of solid-liquid separation tank #22 where treated water discharge pipe #22 is connected) in which a supernatant is generated is provided in an upper portion of the thickening reaction tank (#12) (see figure 1 and paragraph [0021]), and
a thickening zone (intermediate zone of solid-liquid separation tank #22 where crystals of hardly soluble salts are formed) in which particles are settled is provided between the stirring zone and the clarification zone (see figure 1 and paragraphs [0023]-[0025]).
In regard to Claim 7, Toru discloses the crystallization apparatus as recited in claim 1. Although Toru is silent in regard to wherein a ratio L/D of a height L from a lower end of the thickening reaction tank to an overflow level to a diameter D of the thickening reaction tank is in a range of 2 to 20, adjusting a ratio of a height from a lower end of the thickening reaction tank to an overflow level to a diameter D of the thickening reaction tank to an optimum range, such as in a range of 2 to 20 as claimed by the applicant, is within one of ordinary skill in the art through routine experimentation in order to obtain a desired end-result, such as for improving the settling of crystals in the thickening reaction tank, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
In regard to Claim 8, Toru discloses the crystallization apparatus as recited in claim 6. Although Toru is silent in regard to wherein a ratio H/L of a height H from a lower end of the thickening reaction tank to the inflow path to a height L from the lower end of the thickening reaction tank to an overflow level is less than 20% in terms of a percentage, adjusting a ratio H/L of a height H from a lower end of the thickening reaction tank to the inflow path to a height L from the lower end of the thickening reaction tank to an overflow level to be less than 20%as claimed by the applicant, is within one of ordinary skill in the art through routine experimentation in order to obtain a desired end-result, such as for improving the settling of crystals in the thickening reaction tank, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774
