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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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 1-4, 6-10, 12-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2009-270052 Kenzo.
Regarding claim 1, Kenzo discloses a method of collecting a resin decomposition gas (abstract), comprising steps of: (a) liquefying a first decomposition gas among the first decomposition gas and a second decomposition gas generated by thermally decomposing a resin; and (b) after the step (a), liquefying the second decomposition gas (see paragraphs 44-58; waste plastic is melted to form pyrolysis gas sent through line 35, several factions cooled at different temperatures, cooling air in a first cooler 36a, second cooler 36b cooled to 200 degrees Celsius to recover intermediate boil point component, third cooler 36c, cooled to 100 degrees Celsius or lower to recover low boiling point components and water).
Regarding claim 2, wherein a boiling point of the first decomposition gas is a temperature higher than a first temperature, a boiling point of the second decomposition gas is a second temperature lower than the first temperature (faction separated out by high boiling point separator at 340 degrees Celsius, then faction separated in 36b at 200 degrees in intermediate boiling point separator), at the step (a), the first decomposition gas is liquefied and collected by introducing the first decomposition gas and the second decomposition gas to a first cooler 36a/38a configured to be able to perform cooling at a temperature higher than the second temperature and equal to or lower than the first temperature, and at the step (b), the second decomposition gas is liquefied and collected by introducing the second decomposition gas to a second cooler 36b/38b configured to be able to perform cooling at a temperature lower than the second temperature.
Regarding claim 3, wherein the first cooler is made of a first heat exchanger, and the second cooler is made of a second heat exchanger (both 36a and 36b provide heat exchange).
Regarding claim 4, wherein the first cooler 36a is configured to be able to perform cooling, at the first temperature, a tank (pyrolysis tank 10) provided at a discharge port of a heat processor (see paragraphs 45-55) that thermally decomposes the resin, the discharge port discharging the first decomposition gas and the second decomposition gas, and the second cooler is made of a heat exchanger connected to the tank (as the gas flows from tank 10 through a first cooler and then a second cooler, the second cooler has to be connected to the tank, further the second cooler provides for heat exchange including cooling down to 200 degrees Celsius).
Regarding claims 6-8, see the rejections of claims 1 and 2 above. The same cited paragraphs disclose that the different high and low boiling point gases are separated (collected).
Regarding claim 9, see the rejection of claim 3 above.
Regarding claim 10, see the rejection of claim 4 above.
Regarding claim 12, see the rejection of claim 6 above. Kenzo discloses wherein the plurality of gases are recyclable gases - see paragraph 4, recovered gas is recovered as regenerated oil; further see paragraphs 57-59.
Regarding claim 13-15, see the rejections of claims 1 and 2 above.
Regarding claim 16, see the rejection of claim 3 above.
Regarding claim 17, see the rejection of claim 4 above.
Regarding claim 19, see the rejection of claim 6 above.
Regarding claim 20, Kenzo discloses wherein the plurality of gases are recyclable gases - see paragraph 4, recovered gas is recovered as regenerated oil; further see paragraphs 57-59.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 5, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kenzo as applied to claims 4, 10, and 17 respectively above, and further in view of JP H10-130657 Riyou et al. (hereinafter Riyou).
Regarding claims 5, 11, and 18, Kenzo discloses the utilization of a heat processor for melting resin however does not explicitly disclose that it includes an extruder. This is disclosed by Riyou who provides a similar conversion of plastic waste where the melting occurs in an extruder (see abstract, screw 5, extruder 1, see paragraph 6). Extruders are a well-known source of heat for plastic waste and it would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to source said waste plastic to be gasified from extruders as disclosed by Riyou with the resin waste plastic melting apparatus of Kenzo. Further this is a simple substitution of one well known type of plastic waste heating system (an extruder, see abstract of Riyou) for another (the plastic waste heating system of Kenzo).
Conclusion
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/KEITH RAYMOND/Supervisory Patent Examiner, Art Unit 3798
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