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 § 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.
Claim 26 is 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. The term “approximately 95%” in claim 26 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how close to 95% is approximately 95%. The Examiner notes that in further interpreting the claims, it is assumed that what is meant is --substantially 95%--.
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 23, 24, 26 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U. S. Patent Publication 2012/0265139 to Bryan.
Referring to claim 23, Bryan discloses a method for trapping and releasing a volume of gas bubbles within a gas separation device (1), the gas separation device (1) having a housing defining a fluid flow path having an outer surface and an inner surface, the housing having an inlet (3) in fluid communication with the fluid flow path and an outlet (6) in fluid communication with the fluid flow path (Figures 1 and 2; paragraphs [0047]- [0054]), the method comprising:
delivering a fluid through the flow path in a forward direction such that the fluid flows through the gas separation device (1) from the inlet (3) to the outlet (6); trapping the volume of the gas within the gas separation device wherein at least a portion of at least one of the inner surface and the outer surface of the housing is translucent such that the volume of gas can be observed; stopping the delivery of the fluid through the fluid flow path; and delivering the fluid through the fluid flow path in a reverse direction such that fluid flows from the outlet (6) to the inlet (3) to remove at least a portion of the volume of the gas bubbles from the gas separation device (1) (Figures 1 and 2; paragraphs [0047]- [0054]).
Referring to claim 24, Bryan discloses a method comprising all the limitations of claim 23, as detailed above, and further discloses a method wherein:
the fluid flow path includes an inlet portion (opening if 3 into 2) arranged to receive fluid from the inlet (3) during fluid flow in the forward direction through the housing, a diffuser portion (bottom portion of 2) arranged to receive fluid from the inlet (3) portion during forward flow through the housing, the diffuser portion defining a diffuser portion volume, a recombination portion (upper portion of 2) arranged to receive fluid from the diffuser portion (lower portion of 2) during forward flow through the housing, and an outlet portion (opening of 6 at top of 2) arranged to receive fluid from the recombination portion during forward flow through the gas separation device (1) (Figures 1 and 2; paragraphs [0047]- [0054]).
Referring to claim 26, Bryan discloses a method comprising all the limitations of claim 23, as detailed above, and further discloses a method wherein:
the step of reversing the flow occurs once a volume of the gas bubbles approaches a maximum gas bubble volume defined by substantially 95% of the diffuser portion volume (Figures 1 and 2; paragraphs [0047]- [0054]).
Referring to claim 27, Bryan discloses a method comprising all the limitations of claim 23, as detailed above, and further discloses a method wherein:
after the portion of the volume of the gas bubbles has exited the gas separation device (1), the method further includes delivering fluid through the fluid flow path in the forward direction from the inlet (3) to the outlet (6) of the housing (Figures 1 and 2; paragraphs [0047]- [0054]).
Claim 32 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U. S. Patent 12,239,773 to Forde.
Referring to claim 32, Forde discloses a gas separation device, comprising:
an outer housing (202); an inlet (204) coupled with the outer housing (202); an inner component (402) arranged within the outer housing (202) and defining a diffuser surface and a core, the diffuser surface having a generally domed longitudinal profile; a collector (space under 402) arranged below the inner component (402); a plurality of outlets (206, 212) fluidly coupled with the collector (space under 402); a fluid flow path defined by the inlet, (204) a spacing between the inner component (402) and the outer housing (202), the collector (space under 402), and the plurality of outlets (206, 212); and wherein a portion of the outer housing (202) arranged laterally aligned with and vertically above the diffuser surface is translucent or transparent (Fig. 9; col. 11 lines 51-56 and col. 19 line 49 - col. 20 line 60).
Allowable Subject Matter
Claims 1-4, 6-9, 11, 13, 14 and 16-18 are allowable. Claim 28 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. The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach a gas separation device comprising all the limitations of claim 1, 16, or 23 and 28, but more specifically wherein the gas separation device is configured to exhibit an air trapping effectiveness ratio (ATER) that is between 0.001 mL-1 and 0.51 mL-1 during fluid flow in the forward direction through the housing.
The Examiner notes that the specification as filed clearly defines what is meant by an ATER.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746
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