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 .
DETAILED ACTION
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 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.
Claim Objections
Claim 1 is objected to because of the following informalities:
“comprising” in line 1 should be --comprising:-- (colon added);
“the other side” in line 5 should be --a second side--.
Claim 3 is objected to because of the following informalities:
“a first electrical heating plate” in line 2 should be --the first electrical heating plate--;
“a second electrical heating plate” in line 2 should be --the second electrical heating plate--.
Claim 4 is objected to because “an exhaust gas” in line 2 should be --the exhaust gas--.
Claim 6 is objected to because “an exhaust gas” in line 3 should be --the exhaust gas--.
Claim 7 is objected to because “to flow into it” in line 9 should be --to flow--.
Claim 9 is objected to because “an exhaust gas” in line 2 should be --the exhaust gas--.
Claim 10 is objected to because “an exhaust gas” in line 3 should be --the exhaust gas--.
Claim 12 is objected to because of the following informalities:
--the ceramic filter structure is a first ceramic filter structure-- should be added in a line immediately following “wherein:” in line 2;
“fixed to the ceramic filter structure” in line 3 should be --fixed to the first ceramic filter structure--;
“an exhaust gas” in line 6 should be --the exhaust gas--.
Claim 13 is objected to because of the following informalities:
“the other side” in line 5 should be --a second side--;
“filter structure” in line 6 should be --filter plate--;
“by ceramic bonding” in line 8 should be --by a ceramic bonding--;
“by ceramic bonding” in line 9 should be --by the ceramic bonding--.
Claim 14 is objected to because “wherein first filter unit structure” in line 4 should be --wherein the first filter unit structure--.
Claim 15 is objected to because “the other side” in line 7 should be --a second side--.
Claim 16 is objected to because “the opposite end” in lines 2-3 should be --an opposite end--.
Appropriate correction is required.
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 1-4, 7, 9, 12, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tange JPH116419A.
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Re claim 1:
Tange discloses a filter unit structure (Fig. 2) used in an exhaust gas reduction device (Fig. 1)(see Figs. 1-3 and Para 25), comprising
a ceramic filter structure (Modified Fig. 2 above - A (person having ordinary skill in the art would recognize element A as a type of ceramic filter structure; element A corresponds to an element 14 which is described as ceramic filter structure in Paras 23-25)) formed to filter a particulate material (see Figs. 2-3 and Para 25);
a first electrical heating plate (Modified Fig. 2 above - B (person having ordinary skill in the art would recognize element B as a type of first electrical heating plate; element B corresponds to an element 15 which is described as an electrical heating plate in Para 23)) disposed on one side (Modified Fig. 2 above - C (person having ordinary skill in the art would recognize element C as a type of one side of element A)) of the ceramic filter structure (Modified Fig. 2 above - A) to generate heat (see Modified Fig. 2 above and Paras 23 and 24); and
a second electrical heating plate (Modified Fig. 2 above - D (person having ordinary skill in the art would recognize element D as a type of second electrical heating plate; element D corresponds to an element 15 which is described as an electrical heating plate in Para 23)) disposed on the other side (Modified Fig. 2 above - E (person having ordinary skill in the art would recognize element E as a type of other side of element A)) of the ceramic filter structure (Modified Fig. 2 above - A) to generate heat (see Modified Fig. 2 above and Paras 23 and 24).
Re claim 2:
Tange discloses the filter unit structure (Fig. 2) of claim 1 (as described above), wherein:
the ceramic filter structure (Modified Fig. 2 above - A) includes a ceramic filter plate (14a, alumina ceramic mesh - Para 24 (shown as a type of plate in Fig. 3)), and a gas inlet (12, gas inflow - Para 23) is formed at one end (Modified Fig. 2 above - F (person having ordinary skill in the art would recognize element F as a type of one end of element 14a (see Figs. 2-3))) of the ceramic filter plate (14a) to allow an exhaust gas (shown as arrows in Figs. 1 and 2 per description in Para 23) to flow (see Figs. 1-3 and Para 23).
Re claim 3:
Tange discloses the filter unit structure (Fig. 2) of claim 2 (as described above), wherein:
a first electrical heating plate (Modified Fig. 2 above - B) or a second electrical heating plate (Modified Fig. 2 above - D) is designed such that a current is supplied in parallel (see Modified Fig. 2 above and Para 23 (elements B and D are shown with structure capable of having current supplied in parallel)).
Re claim 4:
Tange discloses the filter unit structure (Fig. 2) of claim 2 (as described above), wherein:
an exhaust gas (shown as arrows in Figs. 1 and 2 per description in Para 23) inflowed through the gas inlet (12) is configured to move through the first electrical heating plate (Modified Fig. 2 above - B) or the second electrical heating plate (Modified Fig. 2 above - D)(see Figs. 1-3 and Para 23).
Re claim 7:
Tange discloses the filter unit structure (Fig. 2) of claim 1 (as described above), wherein:
the ceramic filter structure (Modified Fig. 2 above - A) comprises:
a ceramic insulator (Modified Fig. 2 above - G (person having ordinary skill in the art would recognize element G as a type of ceramic insulator; element G corresponds to an element 14a which is an “alumina ceramic mesh” per Para 24));
a first filter plate (Modified Fig. 2 above - H (person having ordinary skill in the art would recognize element H as a type of first filter plate; element H corresponds to an element 14b which is a metal mesh portion per Para 24)) disposed between the ceramic insulator (Modified Fig. 2 above - G) and the first electrical heating plate (Modified Fig. 2 above - B)(see Modified Fig. 2 above); and
a second filter plate (Modified Fig. 2 above - I (person having ordinary skill in the art would recognize element I as a type of second filter plate; element I corresponds to an element 14b which is a metal mesh portion per Para 24)) disposed between the ceramic insulator (Modified Fig. 2 above - G) and the second electrical heating plate (Modified Fig. 2 above - D)(see Modified Fig. 2 above),
wherein one end (see Modified Fig. 2 above at left side of element G) of the ceramic insulator (Modified Fig. 2 above - G) is provided with a gas inlet (see Fig. 3 at left side of element 14a and Para 24 (element 14a is shown/described as a mesh and in Figs. 1-3 an exhaust flow is shown flowing from left to right and thereby making a left side of element 14a a type of inlet)) configured to allow an exhaust gas to flow into it (see Figs. 1-3 and Para 23).
Re claim 9:
Tange discloses the filter unit structure (Fig. 2) of claim 7 (as described above), wherein:
an exhaust gas inflowed through the gas inlet (see Fig. 3 at left side of element 14a and Para 24 (element 14a is shown/described as a mesh and in Figs. 1-3 an exhaust flow is shown flowing from left to right and thereby making a left side of element 14a a type of inlet)) is configured to move through the first filter plate and the first electrical heating plate, or through the second filter plate (Modified Fig. 2 above - I) and the second electrical heating plate (Modified Fig. 2 above - I)(see Modified Fig. 2 above and Figs. 1-3).
Re claim 12:
Tange discloses the filter unit structure (Fig. 2) of claim 7 (as described above), wherein:
the filter unit structure (Fig. 2) further comprises a second ceramic filter structure (Modified Fig. 2 above - J (person having ordinary skill in the art would recognize element J as a type of second ceramic filter structure; element J corresponds to an element 14 which is described as ceramic filter structure in Paras 23-25)) fixed to the ceramic filter structure (Modified Fig. 2 above - A) with the first electrical heating plate or the second electrical heating plate (Modified Fig. 2 above - D) in between (see Fig. 1, Modified Fig. 2 above, and Para 23 - “…Fig. 2 is a perspective view showing the structure of a filter device guilt in the filter housing 11…”), the second ceramic filter structure (Modified Fig. 2 above - J) includes a second ceramic insulator (Modified Fig. 2 above - K (person having ordinary skill in the art would recognize element K as a type of second ceramic insulator; element K corresponds to an element 14a which is an “alumina ceramic mesh” per Para 24)), and a gas outlet (Modified Fig. 2 above - L (person having ordinary skill in the art would recognize element L as a type of gas outlet of element J)) is formed at one end (Modified Fig. 2 above - M (person having ordinary skill in the art would recognize element M as a type of one end of element J)) of the second ceramic insulator (Modified Fig. 2 above - J) such that an exhaust gas passing through the first electrical heating plate (Modified Fig. 2 above - H) or the second electrical heating plate (Modified Fig. 2 above - I) is discharged (see Modified Fig. 2 above, Figs. 1-3, and Para 23).
Re claim 14:
Tange discloses a particulate filter (Fig. 1 (see Para 23)) comprising:
a first filter unit structure (Modified Fig. 2 above - N (person having ordinary skill in the art would recognize element N as a type of first filter unit structure; element N corresponds to an element 14 which is described as ceramic filter structure in Paras 23-25 and an element 15 which is a heater per Para 23)); and
a second filter unit structure (Modified Fig. 2 above - O (person having ordinary skill in the art would recognize element O as a type of second filter unit structure; element O corresponds to an element 14 which is described as ceramic filter structure in Paras 23-25 and an element 15 which is a heater per Para 23)),
wherein first filter unit structure (Modified Fig. 2 above - N) and the second filter unit structure (Modified Fig. 2 above - O) are stacked and connected (see Figs. 1-2 and Paras 23-25).
Re claim 15:
Tange discloses the particulate filter (Fig. 1) of claim 14 (as described above), wherein:
at least one of the first filter unit structure (Modified Fig. 2 above - N) and the second filter unit structure comprises:
a ceramic filter structure (Modified Fig. 2 above - A (person having ordinary skill in the art would recognize element A as a type of ceramic filter structure; element A corresponds to an element 14 which is described as ceramic filter structure in Paras 23-25)) formed to filter a particulate material (see Figs. 2-3 and Para 25);
a first electrical heating plate (Modified Fig. 2 above - B (person having ordinary skill in the art would recognize element B as a type of first electrical heating plate; element B corresponds to an element 15 which is described as an electrical heating plate in Para 23)) disposed on one side (Modified Fig. 2 above - C (person having ordinary skill in the art would recognize element C as a type of one side of element A)) of the ceramic filter structure (Modified Fig. 2 above - A) to generate heat (see Modified Fig. 2 above and Paras 23 and 24); and
a second electrical heating plate (Modified Fig. 2 above - D (person having ordinary skill in the art would recognize element D as a type of second electrical heating plate; element D corresponds to an element 15 which is described as an electrical heating plate in Para 23)) disposed on the other side (Modified Fig. 2 above - E (person having ordinary skill in the art would recognize element E as a type of other side of element A)) of the ceramic filter structure (Modified Fig. 2 above - A) to generate heat (see Modified Fig. 2 above and Paras 23 and 24), and
a gas flow path through which an exhaust gas (shown as arrows in Figs. 1 and 2 per description in Para 23) flows is formed at one end of the ceramic filter structure (Modified Fig. 2 above - A)(see Modified Fig. 2 above and Figs. 1-3).
Re claim 16:
Tange discloses the particulate filter (Fig. 1) of claim 15 (as described above), wherein:
the gas flow path of the first filter unit structure (Modified Fig. 2 above - N)(see arrow of Fig. 2) is disposed at the opposite end of the gas flow path of the second filter unit structure (Modified Fig. 2 above - O)(see Modified Fig. 2 above).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tange JPH116419A, as applied to claims 2 and 7 above, and further in view of Hayashi et al. (U.S. 4,934,142).
Re claim 5:
Tange discloses the filter unit structure (Fig. 2) of claim 2 (as described above).
Tange fails to disclose wherein the ceramic filter structure is coated with a catalyst.
Hayashi teaches wherein a ceramic filter structure (15, filter - Col. 3, Line 3 (ceramic filter structure per Col. 3, Lines 3-9)) is coated with a catalyst (Col. 3, Lines 10-14)(Col. 3, Lines 3-14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the ceramic filter structure of Tange after that of Hayashi, thereby coating the ceramic filter structure of Tange with a catalyst in the way taught by Hayashi, for the advantage of lower temperature required to ignite trapped particulate (Hayashi; Col. 3, Lines 3-14).
Re claim 8:
Tange discloses the filter unit structure (Fig. 2) of claim 7 (as described above).
Tange fails to disclose wherein the first filter plate and the second filter plate are coated with a catalyst.
Hayashi teaches wherein a filter (15, filter - Col. 3, Line 3 (ceramic filter structure per Col. 3, Lines 3-9)) is coated with a catalyst (Col. 3, Lines 10-14)(Col. 3, Lines 3-14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have recognized the first filter plate and the second filter plates of Tange could have been modeled after the filter of Hayashi because the filter of Hayashi is a filter for particulates in exhaust gas (Hayashi; Col. 2, Lines 16-27) and the first filter plate and the second filter plate of Tange are filters for particulates in exhaust gas (Tange; Paras 23-25).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the first filter plate and the second filter plate of Tange after the filter of Hayashi, thereby coating the first filter plate and the second filter plate of Tange with a catalyst in the way taught by Hayashi, for the advantage of lower temperature required to ignite trapped particulate (Hayashi; Col. 3, Lines 3-14).
Claims 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tange JPH116419A, as applied to claims 2 and 7 above, and further in view of Yoshida et al. (U.S. 4,535,589).
Re claim 6:
Tange discloses the filter unit structure (Fig. 2) of claim 2 (as described above).
Tange fails to disclose wherein the first electrical heating plate or the second electrical heating plate includes a plurality of air passages through which an exhaust gas passes.
Yoshida teaches wherein an electrical heating plate (43, electric heater - Col. 3, Line 15) includes a plurality of air passages (43f, large number of open passages - Col. 7, Line 17) through which an exhaust gas passes (see Figs. 13 and 14 and Col. 7, Lines 31-35).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the electrical heating plates of Tange after that of Yoshida, thereby including a plurality of air passages on the electrical heating plates of Tange in the way taught by Yoshida, for the advantage of being able to efficiently heat particulates such that particulates can be ignited by a small amount of electric (Yoshida; Col. 7, Lines 60-65).
Re claim 10:
Tange discloses the filter unit structure (Fig. 2) of claim 7 (as described above).
Tange fails to disclose wherein the first electrical heating plate or the second electrical heating plate includes a plurality of air passages through which an exhaust gas passes.
Yoshida teaches wherein an electrical heating plate (43, electric heater - Col. 3, Line 15) includes a plurality of air passages (43f, large number of open passages - Col. 7, Line 17) through which an exhaust gas passes (see Figs. 13 and 14 and Col. 7, Lines 31-35).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the electrical heating plates of Tange after that of Yoshida, thereby including a plurality of air passages on the electrical heating plates of Tange in the way taught by Yoshida, for the advantage of being able to efficiently heat particulates such that particulates can be ignited by a small amount of electric (Yoshida; Col. 7, Lines 60-65).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tange JPH116419A, as applied to claim 7 above, and as evidenced by Rao et al. (U.S. 4,544,388).
Re claim 11:
Tange discloses the filter unit structure (Fig. 2) of claim 7 (as described above), wherein electrical resistance of the first electrical heating plate (Modified Fig. 2 above - B) is
Tange fails to disclose wherein electrical resistance of the first electrical heating plate is smaller than electrical resistance of the first filter plate, and electrical resistance of the second electrical heating plate is smaller than electrical resistance of the second filter plate.
Rao teaches that the electrical resistance of a heating plate is a results effective variable that determines surface temperature (Col. 3, Lines 35-48). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Tange such that electrical resistance of the first electrical heating plate is smaller than electrical resistance of the first filter plate, and electrical resistance of the second electrical heating plate is smaller than electrical resistance of the second filter plate as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Tange JPH116419A in view of Hayashi et al. (U.S. 4,934,142) and Salmona et al. (U.S. 2013/0055694).
Re claim 13:
Tange discloses a filter unit structure (Fig. 2) used in an exhaust gas reduction device (Fig. 1)(see Figs. 1-3 and Para 25), comprising:
a
a first electrical heating plate (Modified Fig. 2 above - B (person having ordinary skill in the art would recognize element B as a type of first electrical heating plate; element B corresponds to an element 15 which is described as an electrical heating plate in Para 23)) disposed on one side (Modified Fig. 2 above - C (person having ordinary skill in the art would recognize element C as a type of one side of element A)) of the ceramic filter plate (Modified Fig. 2 above - A) to generate heat (see Modified Fig. 2 above and Paras 23 and 24); and
a second electrical heating plate (Modified Fig. 2 above - D (person having ordinary skill in the art would recognize element D as a type of second electrical heating plate; element D corresponds to an element 15 which is described as an electrical heating plate in Para 23)) disposed on the other side (Modified Fig. 2 above - E (person having ordinary skill in the art would recognize element E as a type of other side of element A)) of the ceramic filter structure (Modified Fig. 2 above - A) to generate heat (see Modified Fig. 2 above and Paras 23 and 24),
wherein the ceramic filter plate (Modified Fig. 2 above - A) is connected to the first electrical heating plate (Modified Fig. 2 above - B) by
Tange fails to disclose a catalyst-coated ceramic filter plate.
Hayashi teaches wherein a ceramic filter structure (15, filter - Col. 3, Line 3 (ceramic filter structure per Col. 3, Lines 3-9)) is coated with a catalyst (Col. 3, Lines 10-14)(Col. 3, Lines 3-14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have recognized the filter plate of Tange could have been modeled after the filter of Hayashi because the filter of Hayashi is a filter for particulates in exhaust gas (Hayashi; Col. 2, Lines 16-27) and the filter plate of Tange is a filter for particulates in exhaust gas (Tange; Paras 23-25).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the ceramic filter plate of Tange after that of Hayashi, thereby coating the ceramic filter plate of Tange with a catalyst in the way taught by Hayashi, for the advantage of lower temperature required to ignite trapped particulate (Hayashi; Col. 3, Lines 3-14).
Tange fails to disclose ceramic bonding.
Salmona teaches ceramic bonding (Para 80).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the bonding of Tange after that of Salmona for the advantage of a bond offering superior high-temperature resistance, and exceptional chemical stability against acids/alkalis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Loren C Edwards whose telephone number is (571)272-7133. The examiner can normally be reached M-R 6AM-430PM.
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/LOREN C EDWARDS/Primary Examiner, Art Unit 3746 2/27/26