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 .
Specification
The abstract of the disclosure is objected to because it is a long run-on sentence and lacks subject-verb structure. Also, a separate sentence recites “Figure 4 to be published” which should be deleted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: please consider the following guidelines for naming the various sections.
Appropriate correction is required.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-15 and dependent Claim 2 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the following elements” on line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “the top and the bottom” on line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “one” and “the other” on line 5. It is not clear which limitation is which.
Claim 1 recites the limitation “one” and “the other” on line 8. It is not clear which limitation is which.
Claim 1 recites the limitation “n zones…n being between 2 and 30”. However, the claim goes on to recite multiple other zones “at least one extraction zone Zi”, “a zone Z1”, “a feed zone Zx”, “at least one backwash zone”, “a zone Zx+1”, and “a zone Zn”, which appear to indicate at least 6 zones total. It is not clear how there can be 2 to 30 zones, when, at least what appear to be 6 zones are recited.
Claim 1 recites the limitation “a zone Z1”, and “a zone Zx”, in which “x being being greater than or equal to 1” is a requirement, as recited on lines 13-15. However, if x is 1, it results in a zone Z(1), which is the same as the previously recited “zone Z1”. Thus, this is an unclear requirement.
Claim 1 recites the limitations “of one and the same zone” and “one and the same height’ on line 18. It is not clear to which zone or feature these limitations are referring. The limitation “one and the same height’ also lacks antecedent basis.
Claim 1 recites the limitation “the inter-tray spaces”. It is not clear to which “space’ this limitation is referring, since the first recitation only states a singular inter-tray space.
Claim 3 recites the limitation “the extraction zones Zi” on line 2. It is not clear if there are now multiple “extraction zones” or not, since the first recitation in Claim 1 states “at least one extraction zone Zi”.
Claim 3 recites the limitation “where i varies from 1 to x”. It is not clear when x is 1, how i can also be “1”, and when i is “1”, that results in a zone that is “Z1”, which is a different zone recited in Claim 1, zone Z1.
Claim 3 recites the limitation “the height H…of a zone Zi+1”. There is insufficient antecedent basis for a height in this zone.
Claim 3 recites the limitation “a zone Zi+1”. In the event that x is 1, i is then 1, and then zone Zi+1 is either the same or not from zone Zx+1, which has been recited in Claim 1 previously. It is not clear if they can be the same zone or not.
Claim 4 recites the limitation “the extraction zones Zi” on line 2. It is not clear if there are now multiple “extraction zones” or not, since the first recitation in Claim 1 states “at least one extraction zone Zi”.
Claim 4 recites the limitation “where i varies from 1 to x”. It is not clear when x is 1, how i can also be “1”, and when i is “1”, that results in a zone that is “Z1”, which is a different zone recited in Claim 1, zone Z1.
Claim 4 recites the limitation “the height H…of a zone Zi+1”. There is insufficient antecedent basis for a height in this zone.
Claim 4 recites the limitation “a zone Zi+1”. In the event that x is 1, i is then 1, and then zone Zi+1 is either the same or not from zone Zx+1, which has been recited in Claim 1 previously. It is not clear if they can be the same zone or not.
Claim 5 recites the limitation “an inter-tray space (10)” of “the at least one backwash zone”. Here, it is not clear if this “inter-tray space’ is the same as or different from “the inter-tray space” of “the at least one backwash zone” already recited in Claim 1.
Claim 6 recites the limitation “a zone Zx+1”. It is not clear if this limitation is the same as the “zone Zx+1” already recited in Claim 1, or not.
Claim 6 recites the limitation “the height H of the inter-tray spaces (10)”. It is not clear to which “inter-tray spaces” of which zones this limitation refers.
Claim 6 recites the limitation zone “Zn”, in which n is the number of zones from 2 to 30 as recited in Claim 1. It is not clear how there can be multiple zones recited when the lower bound of total zones remains at 2.
Claim 7 recites the limitation “the zones Zj where j varies from x+1 to y”. In the case where x = 1, then the zones Zj are selected from Z2 and Z3. There is already a zone Zx+1, which would yield Z2. It is not clear if the zone Zj in which it is Z2 would be the same as Zx+1 which is Z2 as well, or not, in this scenario.
Claim 7 recites the limitation zone “Zn”, in which n is the number of zones from 2 to 30 as recited in Claim 1. It is not clear how there can be zones Zj or Zk that would result in zones with an integer greater than 2, 3, or possibly 4, when the number of zones total could still be 2, 3, or 4.
Claim 8 recites the limitation “zones Zj” where “j varies from x+1 to y”, and a “zone Zj+1”, but it is not clear how these zones exist resulting in zones with an integer greater than 2, 3, or possibly 4, when the number of zones total could still be 2, 3, or 4 as reflected in the zone Zn and range of n from 2 to 30.
Claim 9 recites the limitation “zones Zj” where “j varies from x+1 to y”, and a “zone Zj+1”, but it is not clear how these zones exist resulting in zones with an integer greater than 2, 3, or possibly 4, when the number of zones total could still be 2, 3, or 4 as reflected in the zone Zn and range of n from 2 to 30.
Claim 10 recites the limitation “zones Zk” where “k varies from y+1 to n”, and a “zone Zk+1”, but it is not clear how these zones exist resulting in zones with an integer greater than 2, 3, or possibly 4, when the number of zones total could still be 2, 3, or 4 as reflected in the zone Zn and range of n from 2 to 30.
Claim 11 recites the limitation “zones Zk” where “k varies from y+1 to n”, and a “zone Zk+1”, but it is not clear how these zones exist resulting in zones with an integer greater than 2, 3, or possibly 4, when the number of zones total could still be 2, 3, or 4 as reflected in the zone Zn and range of n from 2 to 30.
Claim 12 recites the limitation “zones Zi” and “backwash zones”, that can be as high as 10 each, but the number of n zones total ranges from 2 to 30. It is not clear how there can be multiple zones recited when the lower bound of total zones n remains at 2. It is also not clear how there are at least 6 zones recited in Claim 1, when the total zones n can be as low as 2.
Claim 13 recites the limitation “zones Zj” and “zones Zk”, that can be as high as 10 each, but the number of n zones total ranges from 2 to 30. It is not clear how there can be multiple zones recited when the lower bound of total zones n remains at 2. It is also not clear how there are at least 6 zones recited in Claim 1, when the total zones n can be as low as 2.
Claim 14 recites the limitation “the backwash zone Zx+1” and “the extraction zone Zx”. However, it is not clear if these limitations are the same as “a zone Zx+1” or “at least one backwash zone” as in Claim 1, “at least one extraction zone Zi” or “a feed zone Zx” as in Claim 1, respectively. If they are different, they lack antecedent basis.
Claim 15 recites the limitation “the height H of each inter-tray space (10)”. It is not clear if this limitation is the same as “one and the same height H of inter-tray space (10)” or not.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Naustdal, (US 2008/0264489).
Regarding Claims 1-15, Naustdal discloses a liquid-liquid extraction column (1), (See Abstract), comprising the following elements: - a first injection point for a first phase (2) located at an intermediate position between the top and the bottom of the column (1), (Liquid Inlet 1, or one of Outside Down-comer 10, See paragraph [0022]); - a second injection point for a second phase (3), (Liquid Inlet 1 or another of Outside Down-comer 10, or one of Gas Inlets 5, See Figure 3, See paragraph [0022]), and a third injection point for a backwash liquid (4), (Another one of Outside Down-comer 10, See Figure 3, See paragraph [0022]), one being located at the top of the column (1) and the other being located at the bottom of the column (1), (see above, one of each is located towards top versus bottom); - a first withdrawal point for an extract (5), (Liquid Outlet 11 at bottom, See Figure 3, See paragraph [0022] & [0057]), and a second withdrawal point for a raffinate (6), (One of Gas Outlets 2, one located highest, See Figure 3, See paragraph [0022]), one being located at the bottom of the column (1) and the other being located at the top of the column (1), (see above); - a plurality of trays (Pi) located in the column (1) and defining n zones, each zone comprising at least two trays (Pi), (Sieve Tray and Basin Plate for each “Zone” or distance in Figure 3, See paragraph [0022]), n being between 2 and 30, (A, B, C, D are considered “zones”, See Figure 3, See paragraph [0022]); in which the n zones comprise: - at least one extraction zone Zi, (“Zone” B, See Figure 3, See paragraph [0022]), included between a zone Zi comprising the second injection point for the second phase (3), (“Zone” C, See Figure 3, See paragraph [0022]), and a feed zone Zx comprising the first injection point for the first phase (2), (“Zone” A, See Figure 3, See paragraph [0022]), x being greater than or equal to 1, (either option is disclosed when there are at least 3 zones, A, B or C, See Figure 3, See paragraph [0022]); and - at least one backwash zone included between a zone Zx+i and a zone Z comprising the third injection point for the backwash liquid (4), (“Zone” D, and spaces directly above and below between “Zone” C and bottom of column, See Figure 3, See paragraph [0022]), n being greater than x; in which the trays (Pi) of one and the same zone exhibit one and the same height H of inter-tray space (10), (Each Tray/Plate has continuously even/level height, See Figure 3); and in which: - when x is greater than 1, the height H of the inter-tray spaces (10) of the zones Zi increases when the value i increases, (Going from Zone “D” to “C” to “B” to “A”, the height increases, See Figure 3, See paragraphs [0030]-[0033]); and - when x is equal to 1, the height H of the inter-tray spaces (10) of the at least one backwash zone is less than the height H of the inter-tray spaces (10) of the zone Zi, (Height of zone “D”, is smaller than Zone “B”, See Figure 3, See paragraphs [0030]-[0033]).
Additional Disclosures Included:
Claim 2: Liquid-liquid extraction column (1) according to Claim 1, in which n is between 3 and 30 and x is greater than 1, (A, B, C, D are considered “zones”, See Figure 3, See paragraph [0022], n = 4, x must be less than n, ranges from 1 to 3).
Claim 3: Liquid-liquid extraction column (1) according to Claim 1, in which, in the extraction zones Zi where i varies from 1 to x, the ratio of the height H of an inter-tray space (10) of a zone Zi to the height H of an inter-tray space (10) of a zone Z1+i is between 0.20 and 0.95, (One of Distances in Zones “A” through “D”, See paragraphs [0030]-[0033]; selecting between two of these distances yields a ratio anywhere from 0.74, 0.80, 0.92, and 1, three of which anticipate within the claimed range).
Claim 4: Liquid-liquid extraction column (1) according to Claim 1, in which, in the extraction zones Zi where i varies from 1 to x, the ratio of the height H of an inter-tray space (10) of a zone Zi to the height H of an inter-tray space (10) of a zone Z1+i is between 0.40 and 0.90, (One of Distances in Zones “A” through “D”, See paragraphs [0030]-[0033]; selecting between two of these distances yields a ratio anywhere from 0.74, 0.80, 0.92, and 1, two of which anticipate within the claimed range).
Claim 5: Liquid-liquid extraction column (1) according to Claim 1,in which, when x is equal to 1, the ratio of the height H of an inter- tray space (10) of the at least one backwash zone to the height H of the inter-tray space (10) of the zone Zi is between 0.20 and 0.95, (One of Distances in Zones “A” through “D”, See paragraphs [0030]-[0033]; selecting between two of these distances yields a ratio anywhere from 0.74, 0.80, 0.92, and 1, three of which anticipate within the claimed range).
Claim 6: Liquid-liquid extraction column (1) according to Claim 1, in which the at least one backwash zone is a plurality of zones, from a zone Zx+i to the zone Zn, and in which the height H of the inter-tray spaces (10) increases, is constant, or decreases from the zone Zx+i to the zone Zn, (One of Distances in Zones “A” through “D”, See paragraphs [0030]-[0033]; height increases, decreases, then remains constant (or vice versa)).
Claim 7: Liquid-liquid extraction column (1) according to Claim 1, in which the at least one backwash zone is a plurality of zones subdivided into: - a plurality of zones Zj included between the zone Zx+i and a zone Zy, y being greater than x+1, (Zone D has two spaces or ‘zones’ directly above and below between Zone C and the bottom of the column, See Figure 3, See paragraph [0022]); and - a plurality of zones Zk included between the zone Zy+i and the zone Zn, (Zone C, and Zone B, each have two spaces or ‘zones’ directly above and below them, See Figure 3, See paragraph [0022]), and in which: - in the zones Zj where j varies from x+1 to y, the height H of the inter-tray spaces (10) increases, is constant, or decreases when the value j increases, (the height of any of the detailed zones will be either more, less or equal to each other); and/or - in the zones Zk where k varies from y+1 to n, the height H of the inter-tray spaces (10) increases, is constant, or decreases when the value k increases, (the height of any of the detailed zones will be either more, less or equal to each other).
Claim 8: Liquid-liquid extraction column (1) according to Claim 7, in which, in the zones Zj where j varies from x+1 to y, the ratio of the height H of the inter-tray spaces (10) of a zone Zj to the height H of the inter-tray spaces (10) of a zone Zj+i is between 0.20 and 0.95, (One of Distances in Zones “A” through “D”, See paragraphs [0030]-[0033]; selecting between two of these distances yields a ratio anywhere from 0.74, 0.80, 0.92, and 1, three of which anticipate within the claimed range).
Claim 9: Liquid-liquid extraction column (1) according to Claim 7, in which, in the zones Zj where j varies from x+1 to y, the ratio of the height H of the inter-tray spaces (10) of a zone Zj to the height H of the inter-tray spaces (10) of a zone Zj+i is between 1.10 and 2.0, (One of Distances in Zones “A” through “D”, See paragraphs [0030]-[0033]; selecting between two of these distances in the inverse direction yields a ratio anywhere from 1, 1.07, 1.25, or 1.35, two of which anticipate within the claimed range).
Claim 10: Liquid-liquid extraction column (1) according to Claim 7, in which, in the zones Zk where k varies from y+1 to n, the ratio of the height H of the inter-tray spaces (10) of a zone Zk to the height H of the inter-tray spaces (10) of a zone Zk+i1 is between 0.20 and 0.95, (One of Distances in Zones “A” through “D”, See paragraphs [0030]-[0033]; selecting between two of these distances yields a ratio anywhere from 0.74, 0.80, 0.92, and 1, three of which anticipate within the claimed range).
Claim 11: Liquid-liquid extraction column (1) according to any one of Claims 7 to 9, Claim 7,in which, in the zones Zk where k varies from y+1 to n, the ratio of the height H of the inter-tray spaces (10) of a zone Zk to the height H of the inter-tray spaces (10) of a zone Zk+i1 is between 1.10 and 2.0, (One of Distances in Zones “A” through “D”, See paragraphs [0030]-[0033]; selecting between two of these distances in the inverse direction yields a ratio anywhere from 1, 1.07, 1.25, or 1.35, two of which anticipate within the claimed range).
Claim 12: Liquid-liquid extraction column (1) according to any one of the preceding claims, Claim 1,in which the number of zones Zi is between 2 and 10 and/or the number of backwash zones is between 1 and 10, (See Figure 3, number of total zones is 4, at least one backwash zone reads upon 1 (“Zone” D)).
Claim 13: Liquid-liquid extraction column (1) according to Claim 7, in which the number of zones Zj is between 2 and 10 and/or the number of zones Zk is between 2 and 10, (See Figure 3, number of total zones is 8).
Claim 14: Liquid-liquid extraction column (1) according to Claim 1, in which the height H of the inter-tray spaces (10) of the backwash zone Zx+i is less than, equal to or greater than the height H of the inter-tray spaces (10) of the extraction zone Zx, (Any of “Zones” A, B, C, D will be “less than”, “equal to” or “greater” than any of the other “Zones” A, B, C, D, See Figure 3, See paragraph [0030]-[0033]).
Claim 15: Liquid-liquid extraction column (1) according to any one of the preceding claims, Claim 1,in which the height H of each inter-tray space (10) is between 0.2 m and 1.2 m, (“Zones” A, B, C, D, See Figure 3, See paragraph [0030]-[0033]; each disclosed distance falls within range claimed, 0.88 m, 1.1 and 1.19 m when converted).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at 571-270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779