DETAILED ACTION
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.
Claims 3, 11 and 15 are 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.
Regarding claim 3, it is unclear what it means for the third subsequent flow to be “removed from the method”. It is unclear what the flow is being removed from.
Regarding claim 9, it is unclear whether or not “a rectification step” is the same rectification step recited in claim 1.
Regarding claim 11, “the auxiliary gas flow” lacks antecedent basis in the claim.
Regarding claim 15, it is unclear what structure is being required by this claim. The claim is drawn to a system designed to carry out various method steps, but it is unclear what structure is required to carry out these steps.
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, 9, 12, 13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baur USPN 6,063,353.
Regarding claims 1 and 15, Baur discloses a system and method for obtaining xenon (Abstract), wherein a first feed flow containing xenon and sulfur hexafluoride (Abstract) is supplied to a rectification step, wherein a first subsequent flow is formed by means of the rectification step (column 1, lines 45-56: xenon drawn off from the bottom), said first subsequent flow containing xenon and being enriched with sulfur hexafluoride in comparison with the first feed flow (column 1, lines 57-62), wherein a second feed flow is formed using at least a part of the first subsequent flow, wherein the second feed flow is subjected to an adsorption step (column 5, lines 6-15: chemisorption is a type of adsorption), and a second subsequent flow is formed by means of the adsorption step, said second subsequent flow containing xenon and being depleted of sulfur hexafluoride in comparison with the second feed flow (column 5, lines 6-15).
Regarding claim 9, Baur discloses that the second subsequent flow is subjected to a rectification step for krypton-xenon separation, and the first feed flow is formed using the rectification step for krypton-xenon separation (column 5, lines 33-40).
Regarding claim 12, Baur discloses that the adsorption step is carried out using an adsorbent on which xenon is retained more weakly than sulfur hexafluoride (column 5, lines 6-15).
Regarding claim 13, Baur discloses the use of a molecular sieve, which can be considered as part of the adsorption step (column 5, lines 17-24). The method according to claim 12, wherein the adsorption step is carried out using a molecular sieve, the pore size of which is selected such that sulfur hexafluoride can enter it.
Allowable Subject Matter
Claims 2-8, 10, 11 and 14 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. It is noted that the 112 rejections would also need to be overcome for claims 3 and 11 to be allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose or make obvious dependent claims 2 and 4. Regarding claim 2, Baur discloses that the SF6 irreversibly bonds to the sorbent (column 5, lines 6-15); therefore, the method of Baur does not disclose a third subsequent flow is also formed by means of the adsorption step, said third subsequent flow being enriched with sulfur hexafluoride in comparison with the second feed flow.
Regarding claim 4, Baur discloses that the SF6 irreversibly bonds to the sorbent (column 5, lines 6-15), rather than the claimed method where the xenon is retained more strongly than sulfur hexafluoride, and wherein the second subsequent flow is formed during a desorption phase in which the adsorbent is purged using a purge gas flow
Dependent claims 3-8, 10, 11 and 14, dependent from claims 2 and 4, and are therefore also 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.
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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