DETAILED ACTION
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-12 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
In claims 1 and 6, it is unclear what is intended by “utilized for”. It is unclear how the addition of “utilized” with “for” changes the intended use. It is unclear what specific manipulative steps are intended by “utilized”, if any. Deleting “utilized” would overcome this rejection.
Claim 1 at line 1, calls out a “porous ceramic base material”. It is unclear if the claimed structure is “porous” to the extent that it is fluid permeable.
Claim 4 specifies, “wherein said plurality of coarse particles and said plurality of fine particles are particles of alumina, mullite, zirconia, or titania”. The scope of this recitation is unclear. It is unclear what combinations of particles, if any, are intended. Or, are the specified materials used singularly?
Claim 5 specifies a “column-like shape”. It is unclear what is intended by this language. See MPEP Section 2173.05(d).
In dependent claim 7, the recitation, “said ceramic additional layer” appears to lack clear positive antecedent basis in claim 1.
It is unclear what is intended by “constituting” as this language appears in dependent claims 9 and 12. It is unclear if this expression is intended to be “open” or “closed”.
While Claim 1 at line 1, calls out a “porous ceramic base material”, dependent claims 2, 3 (two occurrences), 4, 5 (four occurrences), 6 (three occurrences), 7 (two occurrences), and 10, each omit “porous” when referencing this structure, raising the issue of antecedent basis.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6-12 are rejected under 35 U.S.C. 112(d), as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 1 at line 1, calls out a “porous ceramic base material”. “Dependent” claim 6 specifies “a porous ceramic support”, while, “dependent” claim 7 specifies “a separation membrane complex”. It is unclear how these “dependent” claims further limit claim 1, which calls out a “porous ceramic base material”.
Allowable Subject Matter
If rewritten to overcome the 112 rejections set forth above, the claims would be allowable. The Examiner concurs with the reasons set forth in the attached translation of the Written Opinion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT JAMES POPOVICS whose telephone number is (571) 272-1164. The examiner can normally be reached from 10:00 AM - 6:00 PM.
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/ROBERT J POPOVICS/ Primary Examiner
Art Unit 1763
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