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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1- are rejected under 35 U.S.C. 103 as being unpatentable over European Patent Application(EP2564919A1) taken together with WO reference(WO2022/009514A1).
European Patent Application in figure 1 teaches a separation membrane element, comprising: a container(upper housing plate 1 and lower housing plate 2); and a separation membrane(membrane 3) including a region provided in a shape of a flat membrane in the container, the container housing therein a laminate that includes (i) two permeate-side spacer members(upper and lower permeate spacer layers 7) through each of which a permeate fluid that has permeated through the separation membrane flows, (ii) the separation membrane provided between the two permeate-side spacer members(upper and lower separation membranes 3 between upper and lower permeate spacer layers 7 in figure 1), and (iii) a feed-side spacer member(spacer 5) through which the raw material(raw material feed inlet 9) fluid flows, the separation membrane element further comprising a sealing part(flat central gasket 4) for preventing a fluid flowing through the feed-side spacer member and a fluid flowing through the two permeate-side spacer members from being mixed with each other, the laminate including a 1st end part at which an end part of each of the two permeate-side spacer members is located further on an outer side than is an end part of the separation functional layer in a plan view, the sealing part including a first sealing part provided at the 1st end part in a position that is further on the outer side than is the end part of the separation functional layer in the plan view and that is between the two permeate-side spacer members (Examiner noting feed side spacer member 5 is located interior to flat central gasket 4, flat central gasket preventing fluid flowing through the feed-side spacer member and a fluid flowing through the two permeate-side spacer members from being mixed with each other). European Patent Application is silent as to the separation membrane including a separation functional layer that selectively separates a specific fluid component contained in a raw material fluid.
WO reference in the figure teaches a separation membrane element for receiving a raw material fluid, the separation membrane element including a base supporting hydrophilic porous membrane(11; reference stating “the hydrophilic porous membrane 11 is a base material”), and a separation functional layer(separation functional layer 12) that selectively separates a specific fluid component contained in a raw material fluid(reference stating “the separation-functional layer 12 … includes a compound(gas carrier) that selectively reacts with the gas to be separated G0 in a gel layer of a hydrophilic polymer containing water, as an example, and functions as a facilitated transport membrane”). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a separation functional layer for the membrane of European Patent Application in order to provide a mechanism for selectively separating a specific fluid component contained in the raw material fluid of European Patent Application. Examiner notes the claim is directed to a separation membrane element which is capable of providing separation for a raw material fluid, wherein the specific fluid, gas or liquid, does not provide patentable weight for a specific separation membrane apparatus.
With regards to claim 2, European Patent Application taken together with WO reference further teaches wherein the first sealing part is an adhesive layer.
With regards to claim 3, European Patent Application taken together with WO reference further teaches wherein, when a specimen prepared by being cut out from the laminate so as to include the first sealing part is subjected to a T-peel test that causes peeling between the separation membrane and the feed-side spacer member, the specimen exhibits a peel strength of not less than 15.0 N/mm( Examiner notes the stated limitations are directed to a function of the laminate and are not given patentable weight for prior art analysis).
With regards to claim 4, European Patent Application taken together with WO reference further teaches wherein: the separation membrane includes the separation functional layer on a porous membrane; in the plan view, the end part of each of the two permeate-side spacer members which end part is at the 1st end part is located further on the outer side than is an end part of the separation membrane; and the first sealing part is located further on the outer side than is the end part of the separation membrane in the plan view.
With regards to claim 5, European Patent Application taken together with WO reference further teaches wherein: in the plan view, the end part of each of the two permeate-side spacer members which end part is at the 1st end part is located further on the outer side than is an end part of the separation membrane; and the first sealing part is located further on the outer side than is the end part of the separation membrane in the plan view.
With regards to claim 6, European Patent Application taken together with WO reference further teaches wherein: in the plan view, the end part of each of the two permeate-side spacer members which end part is at the 1st end part is located further on the outer side than is an end part of the feed-side spacer member; and the first sealing part is located further on the outer side than is the end part of the feed-side spacer member in the plan view.
With regards to claim 7, European Patent Application taken together with WO reference further teaches wherein: in the plan view, the end part of each of the two permeate-side spacer members which end part is at the 1st end part is located further on the outer side than is an end part of the separation membrane; and the first sealing part is located further on the outer side than is the end part of the separation membrane in the plan view.
With regards to claim 8, European Patent Application taken together with WO reference further teaches wherein: the laminate includes a 2nd end part extending in a direction intersecting with the 1st end part in the plan view; the sealing part includes a second sealing part(noting separating gasket 6 on a perimeter of permeable spacer layer 7) provided at positions corresponding to respective lamination positions of the two permeate-side spacer members in a lamination direction of the laminate; and the second sealing part is provided at the 2nd end part.
With regards to claim 9, European Patent Application taken together with WO reference further teaches wherein the first sealing part and the second sealing part are bonded to each other at a position at which the 1st end part and the 2nd end part intersect with each other in the plan view.
With regards to claim 10, European Patent Application taken together with WO reference further teaches wherein the first sealing part and the second sealing part are each an adhesive layer(gasket layer equivalent to an adhesive layer).
With regards to claim 11, European Patent Application taken together with WO reference further teaches wherein the raw material fluid is gas( Examiner notes the claim is directed to a separation membrane element which is capable of providing separation for a raw material fluid, wherein the specific fluid, gas or liquid, does not provide patentable weight for a specific separation membrane apparatus).
With regards to claim 12, European Patent Application taken together with WO reference further teaches wherein the raw material fluid is acid gas( Examiner notes the claim is directed to a separation membrane element which is capable of providing separation for a raw material fluid, wherein the specific fluid, gas or liquid, does not provide patentable weight for a specific separation membrane apparatus).
With regards to claim 13, European Patent Application taken together with WO reference further teaches a separation device, comprising: a separation membrane element recited in claim 1; a first feed part(feed inlet 9) and a first discharge part(permeate outlet 8) each of which communicates with the feed-side spacer member; and a second discharge part(retenate outlet 10) that communicates with the two permeate-side spacer members.
With regards to claim 14, European Patent Application taken together with WO reference further teaches a second feed part(stub pipe 8 which can function as a second feed part) that communicates with the two permeate side spacer members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm.
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/ROBERT A HOPKINS/ Primary Examiner, Art Unit 1776
September 10, 2026
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