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 .
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, 5-8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wakao USPN 4,349,356.
Regarding claim 1, Wakao discloses a gas separation device comprising: a first separation membrane unit including a first gas separation membrane configured to separate a predetermined gas component contained in a mixed gas supplied to a first front surface (figures 1 and 2: surface of membrane 1 facing region 3), by allowing the predetermined gas component to permeate through a first back surface (column 4, lines 22-32), which is opposite to the first front surface (figures 1 and 2: surface of membrane 1 facing region 4), and a first gas flow path section through which the separated predetermined gas component flows (figures 1 and 2: path through membrane 1); a gas introduction unit that is arranged via a gap from the first front surface and that includes a gas introduction section that introduces the mixed gas toward the first gas separation membrane (figures 1 and 2: gas introduced into gap region 3); and a gas exhaust unit that is arranged via a gap from the first front surface and that includes a gas exhaust section that exhausts the mixed gas introduced from the gas introduction unit (figures 1 and 2: gas exhausted from region 3; column 4, lines 22-32).
Regarding claim 5, Wakao discloses that the gas introduction unit includes a first mixed gas flow path section through which the mixed gas flows, and a first opening section as the gas introduction section that opens to the first mixed gas flow path section (figures 1 and 2: inlet into section 3).
Regarding claim 6, Wakao discloses that the gas introduction unit further includes an introduction pipe extending from the first opening section (figures 1 and 2: gas is supplied via a pipe which extends from opening into region 3).
Regarding claim 7, Wakao discloses that the gas exhaust unit includes a second mixed gas flow path section through which the mixed gas supplied from the gas introduction unit flows, and a second opening section as the gas exhaust section that opens to the second mixed gas flow path section (figures 1 and 2: outlet from section 3).
Regarding claim 8, Wakao discloses that the gas exhaust unit further includes an exhaust pipe extending from the second opening section (figures 1 and 2: gas exhausts via a pipe which extends from outlet of region 3).
Regarding claim 10, Wakao discloses a second separation membrane unit including a second gas separation membrane configured to separate the predetermined gas component contained in the mixed gas supplied to a second front surface, by allowing the predetermined gas component to permeate through a second back surface, which is opposite to the second front surface, and a second gas flow path section through which the separated predetermined gas component flows, wherein the second separation membrane unit is arranged on an opposite side of the first separation membrane unit via the gas introduction unit and the gas exhaust unit (figure 2: membrane unit 2).
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 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wakao USPN 4,349,356.
Wakao is relied upon as above.
Regarding claim 2, Wakao does not disclose that the gas introduction unit includes a plurality of gas introduction sections and the gas exhaust unit includes a plurality of gas exhaust sections. Nevertheless, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have multiple gas introduction section and gas exhaust sections, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 (VI-B).
Regarding claim 9, Wakao does not disclose that a gas permeability of carbon dioxide of the first gas separation membrane is 5000 GPU or more and 100000 GPU or less. Nevertheless, the use of such a membrane for CO2 separation from a mixed gas is well-known in the art and would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention. Furthermore, absent a proper showing of criticality or unexpected results, the permeability is considered to be a general condition that would have been routinely optimized by one having ordinary skill in the art in order to provide optimal gas separation. MPEP 2144.05.
Allowable Subject Matter
Claims 3 and 4 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose or make obvious claims 3 and 4, wherein the gas introduction sections and the gas exhaust sections are alternately arranged along a direction parallel to the first front surface.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P JONES whose telephone number is (571)270-7383. The examiner can normally be reached 9AM-6PM EST M-F.
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/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776
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