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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
output mechanism in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Surma et al. (WO 2021/195566 A1).
Regarding claim 1, the reference Surma et al. discloses a method comprising:
receiving gas at a gas input receiver (118), resulting in input gas (see para. [0019]; Fig. 1);
forcing the input gas from the gas input receiver through a fluidization plate (117) and into a reaction chamber (112), the reaction chamber encircled by an inductive coil (115), the fluidization plate (117) located between the gas input receiver (118) and the reaction chamber (112), resulting in fluidized gas in the reaction chamber (see para. [0019]; Fig. 1);
mixing the fluidized gas with a catalyst (114) stored in the reaction chamber, resulting in at least one catalyzed molecule (see para. [0024]);
generating, via the inductive coil, an electromagnetic field within the reaction chamber, the electromagnetic field causing pyrolysis of the at least one catalyzed molecule in reaction chamber, resulting in at least two cracked elements, at least one of the two cracked elements being a bespoke form of carbon (see paras. [0026]; [0034]; Fig. 1); and
removing the at least two cracked elements from the reaction chamber via at least one output mechanism (119, 120) (see paras. [0034]; [0035]; Fig. 1).
Regarding claim 2, the reference Surma et al. discloses the method, wherein, during operation: at least one processor communicates with an oscillator to cause the inductive coil to create the electromagnetic field using an alternating current (see paras. [0026]-[0028]; [0055]; [0069]).
Regarding claim 3, the reference Surma et al. discloses the method, wherein the electromagnetic field causes pyrolysis, thereby creating a fluidizing affect without the use of gases (see para. [0026]).
Regarding claim 6, the reference Surma et al. discloses the method, wherein the gas comprises hydrocarbons, and wherein the at least two cracked elements further comprise at least one resulting gas (see para. [0034]).
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.
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 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Surma et al. (WO 2021/195566 A1).
Regarding claim 4, the claim depends from claim 1 such that the reasoning applied to claim 1 above is applied herein for the dependent portion of the claim. The reference Surma et al. teaches that while generating the electromagnetic field: at least one processor communicates with at least one sensor (see paras. [0055]; [0069]). The reference Surma et al. is, however, silent with respect to the least one processor communicating with at least one sensor to determine a remaining amount of the catalyst within the reaction chamber. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one processor communicate with at least one sensor to determine a remaining amount of the catalyst within the reaction chamber, since the reference Suma et al. teaches that different vertical portions of the bed of particles in the reaction chamber may be selectively heated to different temperatures using multiple sets of induction coils (see paras. [0028]; [0055]; [0064]; [0069]).
Regarding claim 5, the reference Surma et al. discloses the method, wherein the at least one sensor communicates with a processor to determine a rate of generating the at least two cracked elements (see paras. [0069]; [0072]).
Allowable Subject Matter
Claim 7 is 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. Claim 7 is allowable because the prior art of record does not disclose or fairly suggest the feature: wherein the catalyst of the reaction chamber and the additional catalyst of the at least one additional reaction chamber are distinct such that the at least two cracked elements produced by the reaction chamber are distinct from the at least two additional cracked elements produced by the at least one additional reaction chamber, as recited in claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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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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/LESSANEWORK SEIFU/Primary Examiner, Art Unit 1774