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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 2,303,332 to Dauphinee (hereinafter referred to as Dauphinee).
In regard to claim 1, as shown in figures 1 – 7, Dauphinee discloses an adsorption unit. The adsorption unit includes a frame (F), which is made up of upper and lower bars (1, 2,) and channel bars (3, 4), having an inlet side and an exhaust side. The adsorber cells (C) are made up of cylindrical shells (13) that can be considered to form a plurality od spacer tubes. The spacer tubes (13) are arranged in the frame (F). As shown in figure 7, each of the spacer tubes includes a lateral side defined with a plurality of through holes (14). As discussed in column 2 lines 63 – 68, each of the cells can be filled with activated carbon granules, which form a plurality of adsorption granules arranged in the frame. These adsorption granules are restricted by the spacer tubes (13) to be fixed in the frame between the inlet side and the exhaust side.
In regard to claim 3, each of the spacer tubes (13) includes a second space defined therein. The adsorption granules are located inside of the spacer tubes in this second space.
In regard to claim 8, the spacer tubes (13) are fixed in the frame (F). Each of the spacer tubes (13) has two ends connected to the frame, respectively.
In regard to claim 9, as shown in figures 1 – 5, the spacer tubes (13) are substantially parallel to each other and separated from each other.
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Dauphinee.
Dauphinee is discussed above in section 3. Dauphinee is silent on the material used to form the spacer tubes. Thus, Dauphinee does not disclose the spacer tubes being made of aluminum or an alloy thereof. Dauphinee describes the frame to have metallic bars, see column 2 lines 46 – 48. There is no evidence the material used to form the spacer tubes is critical. Predictably, if the frame can be metallic, the spacer tubes could also be metallic. Aluminum is a well-known metal that can be formed into many different products.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dauphinee to form the spacer tubes from aluminum or an alloy thereof as this is well known material that predictably can be formed into a tube shape with a plurality of perforations or through holes.
Allowable Subject Matter
Claims 2 and 4 – 7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Other prior art references listed on the PTO-892 (Notice of References Cited) are considered to be of interest disclosing similar adsorption units.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at 571-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773
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