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 .
Specification
The disclosure is objected to because of the following informalities:
The Brief Description of the Drawings omits a description of Figure 6.
In [00101] Applicant describes “Figure 3” when it appears applicant intended “Figure [[3]]4.
In [00102] Applicant describes “Figure 4” when it appears applicant intended “Figure [[4]]5.
In [00103] Applicant describes “Figure 5” when it appears applicant intended “Figure [[5]]6.
Appropriate correction is required.
Claim Objections
Claim 21 is objected to because of the following informalities: Applicant recites “A fluted filter comprising filtering medium composition of claim 12” where it appears applicant intended “A fluted filter comprising the filtering medium composition of claim 12”. Appropriate correction is required.
Claim Interpretation
Any step/element recited as optional in a claim need not be taught by the prior art in order for the prior art to otherwise read on the claim.
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 1-21 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.
Claim 1 recites the limitation "the oxides of copper” in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of magnesium”.
Claim 1 recites the limitation "the oxides of magnesium” in lines 4-5. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of magnesium”.
Claim 1 recites the limitation "the oxides of aluminum” in lines 5-6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of aluminum”.
Claim 1 recites the limitation "the fluid filter materials" in line 13. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "the [[fluid]] filtering medium composition
Claim 5 recites the limitation "the oxides of copper” in line 5. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of magnesium”.
Claim 5 recites the limitation "the oxides of magnesium” in lines 5-6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of magnesium”.
Claim 5 recites the limitation "the oxides of aluminum” in lines 6-7. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of aluminum”.
Claim 5 recites the limitation "the fluid filter cartridge" in line 15. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "the [[fluid]] filter cartridge”.
Claim 6 recites the limitation "the filtering medium" in line 13. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "the filtering medium composition.
Claim 7 recites the limitation "the filter material" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "the filtering medium composition
Regarding claim 7, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, the limitations are not considered part of the claimed invention.
Regarding claim 7, the phrase "similar porous materials" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "similar"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). For examination purposes, any porous material is considered to read on the claim.
Claim 10 recites the limitation "the oxides of copper” in line 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of copper”.
Claim 10 recites the limitation "the oxides of magnesium” in lines 6-7. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of magnesium”.
Claim 10 recites the limitation "the oxides of aluminum” in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of aluminum”.
Claim 11 recites the limitation "the oxides of copper” in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of copper”.
Claim 11 recites the limitation "the oxides of magnesium” in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of magnesium”.
Claim 11 recites the limitation "the oxides of aluminum” in line 5. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of aluminum”.
Claim 11 recites the limitation "the filtering media have…" in line 12. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "the filtering media composition [[have]]has".
Claim 11 recites the limitation "the material" in line 14. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "the [[material]] filtering media composition".
Claim 12 recites the limitation "the oxides of copper” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of copper”.
Claim 12 recites the limitation "the oxides of magnesium” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of magnesium”.
Claim 12 recites the limitation "the oxides of aluminum” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]] oxides of aluminum”.
Claim 16 recites the limitation “The filtering medium” and "the filtering medium” respectively in line 1. There is insufficient antecedent basis for these limitations in the claim. For examination purposes, the claim will be considered to recite “The filtering medium composition” and "the filtering medium composition” respectively.
Claim 20 recites the limitation "the diameter of the holes or gaps in the walls” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]]a diameter of [[the]] holes or gaps in the walls”.
Claims 2-4, 8-9, 13-15, 17-19 and 21 are rejected as depending from a rejected claim.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-3, 5-10, 12, 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Wasas (US 2023/0116353) in view of Tsapatsis et al. (US 2018/0311642).
Per claim 1, Wasas discloses a process for purifying a contaminant-containing stream (Abstract, A fluid filter, filtering medium composition, and associated process for removing contaminants from feed and exhaust fluids used in fuel cell electricity generation, laboratories, the semiconductor and other industries to improve performance and extend useful equipment lifetimes and to clean fluids of sulfur compound contaminants, as well as to remove noxious NOx and halogen contaminants from feed and exhaust gases.) comprising the steps:
a. Providing a filtering medium composition comprising granular particles ranging in size from about 0.001 mm to about 15 mm ([0019] In another preferred embodiment, a filtering medium composition of granular particles ranging in size from about 15 mm down to about 0.001 mm), or one or more shaped filter bodies ([0035] In a preferred embodiment, the housing of the filter will be cylindrical, made of materials resistant to attack from the fluid being filtered, and the filtering medium will be contained within the housing to prevent migration of the medium past the filter.), and
comprising a mixture of 1) [[the]] oxides of copper ([0032] Copper is the principle metallic component of the granular filtering medium thus, in one embodiment of the inventive filtering medium, the oxides of copper comprise up to approximately 90% of the composition by total weight.), 2) one or more of [[the]] oxides of magnesium, calcium, strontium, and barium ([0030] An inventive method to purify a gas stream consisting of hydrogen, natural gas, biogas, or other gasses, or a fluid stream of an organic or inorganic liquid must involve removing hydrogen sulfide, organosulfur compounds, PFAS, halogens, and other noxious impurities such as nitrous oxides from gas streams to the lowest concentration possible by passing the stream through a filter housing, wherein such housing is packed with a filtering medium comprising a composition of granular particles ranging in size from about 15 mm down to about 0.01 mm and consisting of a homogeneous composition of the oxides of aluminum, antimony, barium, beryllium, bismuth, boron, cadmium, calcium, cerium, cesium, chromium, cobalt, copper, dysprosium, erbium, europium, gadolinium, gallium, germanium, hafnium, holmium, indium, iron, lanthanum, lead, lithium, lutetium, magnesium, manganese, molybdenum, neodymium, nickel, praseodymium, rhenium, rhodium, samarium, silicon, silver, strontium, titanium, vanadium, ytterbium, yttrium, zinc and zirconium plus traces of elemental gold, palladium, and platinum. In a primary embodiment, the elemental gold, palladium, and platinum only collectively comprise between 0.000001% and 0.002% of the filtering medium.), and 3) one or more of [[the]] oxides of aluminum, boron, cerium, cesium, dysprosium, erbium, europium, gadolinium, gallium, hafnium, holmium, indium, iron, lanthanum, lithium, lutetium, manganese,
molybdenum, neodymium, praseodymium, samarium, silicon, silver, titanium,
vanadium, ytterbium, yttrium, zinc, and zirconium ([0032] However, due to the presence of the non-copper metal oxides and the three metals in the composition, the composition does not behave like pure copper oxide, which would react to become copper metal and H.sub.2O in the presence of hydrogen, natural gas, or biogas.),
i. Wherein the fraction of copper oxides is at least 50% by total mass ([0014] In another preferred embodiment, the fluid filter as described herein, wherein the filter medium composition is at least 80% oxides of copper as determined by ICP-MS solution analysis of nitric acid digestions of the medium.; [0015] In another preferred embodiment, the fluid filter as described herein, wherein the filtering medium is comprised of at least 90% by total weight oxides of copper.), and
b. Passing a contaminant-containing fluid stream through the fluid filter materials, thereby removing the contaminants and purifying the fluid stream ([0022] In another preferred embodiment, the process as described herein, wherein the stream flows upward through the filter.), and
C. Recovering the purified fluid stream (Fig. 2 shows the results of a purified stream having gone through the filtering medium composition and having contaminants removed from the stream. The stream was recovered at least to the extent to run at least a portion of the stream through a chromatograph.). Wasas does not explicitly disclose wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02.
Tsapatsis et al., also directed to process for purifying a contaminant-containing stream, disclose a step wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 (Abstract, The adsorbent material includes copper oxide, magnesium oxide, and aluminum oxide. An atomic ratio of copper to magnesium to aluminum of the adsorbent material is X:Y:Z, where X is greater than or equal to 0.6 and less than or equal to 0.9, where Y is greater than or equal to 0 and less than or equal to 0.2, where Z is greater than or equal to 0 and less than or equal to 0.2, and where X+Y+Z is equal to 1.) in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material ([0043] Implementations of the adsorbent material can include a mixture of metal oxides of atomic copper (Cu), atomic magnesium (Mg), and atomic aluminum (Al), synthesized by co-precipitation. In some cases, the adsorbent material exhibits a high and stable sulfur capacity (e.g., in a range of approximately 2 to 10 mmol of sulfur/g of adsorbent, or more), such that it consistently adsorbs large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide. Further, in some cases, the adsorbent material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the adsorbent material. Thus, the adsorbent material can adsorb quantities of sulfur from a source of gas, and after regeneration, be reused to adsorb additional quantities of sulfur.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the process of Wasas such that it comprises wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material.
Per claim 2, Wasas discloses that the filtering medium composition may be used to remove contaminants wherein the contaminant-containing fluid stream is a liquid stream ([0005] The invention is a filter composition and associated method for purifying feed gases and liquids used for fuel cells, laboratories, the semiconductor, and other industries to improve performance and extend useful equipment lifetimes, as well as eliminating sulfur compounds from other fluids, and to remove noxious contaminants from exhaust gases and liquids.). Wasas does not explicitly disclose that the liquid is an aqueous stream.
It is submitted that it would have been readily obvious for the skilled artisan to utilize the filtering medium composition of Wasas to purify an aqueous stream since the skilled artisan would recognize that aqueous streams are used in the industries disclosed by Wasas and said aqueous streams may contain at least one of the contaminants disclosed by Wasas.
Per claim 3, Wasas discloses that wherein the filtering medium composition is at least 80% by total mass of oxides of copper ([0020] In another preferred embodiment, the filtering medium as described herein, wherein: oxides of copper comprise up to 90% of the filtering medium,) as determined by ICP-MS solution analysis of nitric acid digestions of the medium ([0032] Copper is the principle metallic component of the granular filtering medium thus, in one embodiment of the inventive filtering medium, the oxides of copper comprise up to approximately 90% of the composition by total weight. In another embodiment, copper oxides may comprise as little as 80% as determined by either total weight or ICP-MS solution analysis of nitric acid digestions of the medium.).
Per claim 5, Wasas disclose a process for purifying a liquid stream, comprising:
a. placing a fluid filter housing (1) comprising a filter cartridge (2) in a fluid line ([0041] The filter is connected to an input line (not pictured) and, in a preferred embodiment, flow upward through the filter medium, such that inlet 4 is located on the lower aspect of the filter, while the outlet5 is located on the upper aspect of the filter.), wherein the filter cartridge is packed with a filtering medium composition of granular particles ranging in size from about 0.001 mm to about 15 mm ([0019] In another preferred embodiment, a filtering medium composition of granular particles ranging in size from about 15 mm down to about 0.001 mm), or one or more shaped filter bodies ([0035] In a preferred embodiment, the housing of the filter will be cylindrical, made of materials resistant to attack from the fluid being filtered, and the filtering medium will be contained within the housing to prevent migration of the medium past the filter.), and comprising a mixture of 1) [[the]] oxides of copper ([0032] Copper is the principle metallic component of the granular filtering medium thus, in one embodiment of the inventive filtering medium, the oxides of copper comprise up to approximately 90% of the composition by total weight.), 2) one or more of [[the]] oxides of magnesium, calcium, strontium, and barium, and 3) one or more of [[the]] oxides of aluminum, boron, cerium, cesium, dysprosium, erbium, europium, gadolinium, gallium, hafnium, holmium, indium, iron, lanthanum, lithium, lutetium, manganese, molybdenum, neodymium, praseodymium, samarium, silicon, silver, titanium, vanadium, ytterbium, yttrium, zinc, and zirconium ([0030] An inventive method to purify a gas stream consisting of hydrogen, natural gas, biogas, or other gasses, or a fluid stream of an organic or inorganic liquid must involve removing hydrogen sulfide, organosulfur compounds, PFAS, halogens, and other noxious impurities such as nitrous oxides from gas streams to the lowest concentration possible by passing the stream through a filter housing, wherein such housing is packed with a filtering medium comprising a composition of granular particles ranging in size from about 15 mm down to about 0.01 mm and consisting of a homogeneous composition of the oxides of aluminum, antimony, barium, beryllium, bismuth, boron, cadmium, calcium, cerium, cesium, chromium, cobalt, copper, dysprosium, erbium, europium, gadolinium, gallium, germanium, hafnium, holmium, indium, iron, lanthanum, lead, lithium, lutetium, magnesium, manganese, molybdenum, neodymium, nickel, praseodymium, rhenium, rhodium, samarium, silicon, silver, strontium, titanium, vanadium, ytterbium, yttrium, zinc and zirconium plus traces of elemental gold, palladium, and platinum. In a primary embodiment, the elemental gold, palladium, and platinum only collectively comprise between 0.000001% and 0.002% of the filtering medium.),
i. wherein oxides of copper comprise at least 50% by total mass of the filtering
medium composition ([0014] In another preferred embodiment, the fluid filter as described herein, wherein the filter medium composition is at least 80% oxides of copper as determined by ICP-MS solution analysis of nitric acid digestions of the medium.; [0015] In another preferred embodiment, the fluid filter as described herein, wherein the filtering medium is comprised of at least 90% by total weight oxides of copper.), and
b. passing the liquid stream through the fluid filter cartridge to remove all contaminants from the liquid stream ([0022] In another preferred embodiment, the process as described herein, wherein the stream flows upward through the filter.), and
C. recovering [[the]]a purified aqueous stream (Fig. 2 shows the results of a purified stream having gone through the filtering medium composition and having contaminants removed from the stream. The stream was recovered at least to the extent to run at least a portion of the stream through a chromatograph.). Wasas does not explicitly disclose wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 and that the liquid stream is an aqueous stream.
Tsapatsis et al., also directed to process for purifying a contaminant-containing stream, disclose a step wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 (Abstract, The adsorbent material includes copper oxide, magnesium oxide, and aluminum oxide. An atomic ratio of copper to magnesium to aluminum of the adsorbent material is X:Y:Z, where X is greater than or equal to 0.6 and less than or equal to 0.9, where Y is greater than or equal to 0 and less than or equal to 0.2, where Z is greater than or equal to 0 and less than or equal to 0.2, and where X+Y+Z is equal to 1.) in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material ([0043] Implementations of the adsorbent material can include a mixture of metal oxides of atomic copper (Cu), atomic magnesium (Mg), and atomic aluminum (Al), synthesized by co-precipitation. In some cases, the adsorbent material exhibits a high and stable sulfur capacity (e.g., in a range of approximately 2 to 10 mmol of sulfur/g of adsorbent, or more), such that it consistently adsorbs large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide. Further, in some cases, the adsorbent material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the adsorbent material. Thus, the adsorbent material can adsorb quantities of sulfur from a source of gas, and after regeneration, be reused to adsorb additional quantities of sulfur.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the process of Wasas such that it comprises wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material.
Regarding the liquid stream being an aqueous stream, it is submitted that it would have been readily obvious for the skilled artisan to utilize the filtering medium composition of Wasas to purify an aqueous stream since the skilled artisan would recognize that aqueous streams are used in the industries disclosed by Wasas and may contain at least one of the contaminants disclosed by Wasas.
Per claim 6, wherein oxides of copper comprise at least 80% of the filtering
medium composition ([0014] In another preferred embodiment, the fluid filter as described herein, wherein the filter medium composition is at least 80% oxides of copper as determined by ICP-MS solution analysis of nitric acid digestions of the medium.; [0015] In another preferred embodiment, the fluid filter as described herein, wherein the filtering medium is comprised of at least 90% by total weight oxides of copper.).
Per claim 7, Wasas, as described above, renders obvious a process for purifying aqueous streams and further discloses wherein the filter material includes “similar” (which the examiner broadly interprets as “other”) porous materials ([0030] …a filtering medium comprising a composition of granular particles ranging in size from about 15 mm down to about 0.01 mm and consisting of a homogeneous composition of the oxides of aluminum, antimony, barium, beryllium, bismuth, boron, cadmium, calcium, cerium, cesium, chromium, cobalt, copper, dysprosium, erbium, europium, gadolinium, gallium, germanium, hafnium, holmium, indium, iron, lanthanum, lead, lithium, lutetium, magnesium, manganese, molybdenum, neodymium, nickel, praseodymium, rhenium, rhodium, samarium, silicon, silver, strontium, titanium, vanadium, ytterbium, yttrium, zinc and zirconium plus traces of elemental gold, palladium, and platinum.).
Per claim 8, Wasas discloses that the filtering medium composition is capable of removing PFAS from a liquid to levels below the detection capabilities of standard laboratory equipment ([0021] In another preferred embodiment, a process for removing hydrogen sulfide, sulfur containing compounds such as thiols or mercaptans, oxides of nitrogen, PFAS substances and halogens from a gas or liquid stream that lowers the concentration of these contaminants to levels that are below the limit of detection of standard laboratory instrumentation by passing the gas or liquid stream through a fluid filter,). Wasas does not disclose wherein a sum of concentrations of all PFAS in the purified fluid stream is less than 10, 4, 1, 0.5, 0.2, 0.1, or 0.05 ppb by total mass.
It is submitted that it would have been a routine matter of design choice to provide the filtering medium such that a sum of concentrations of all PFAS in the purified fluid stream is less than 10, 4, 1, 0.5, 0.2, 0.1, or 0.05 ppb by total mass, depending on initial contaminant loading and the results desired. Clearly, since Wasas does not disclose the initial concentration of PFAS in the fluid, the initial and/or final PFAS concentrations may already be lower than the instantly recited concentrations. Applicant should recite an initial PFAS concentration and a final PFAS concentration to make clear and distinctly point out that filtering medium composition has lowered the PFAS concentration. Moreover, it has been held that routine matters of design choice do not involve and inventive step. See MPEP 2144.
Pre claim 9, Wasas discloses wherein the fluid stream has a concentration of perfluorooctanoic acid (PFOA) and/or perfluorooctanesulfonic acid (PFOS) to levels below the detection capabilities of standard laboratory equipment ([0007] Per- and Polyfluorinated substances (PFAS), including Perfluorooctane sulfonate (PFOS) and Perfluorooctanoic acid (PFOA), are contaminants believed to cause multiple adverse health effects in humans, including increased cancer risk, decreased fertility, interference with the immune and endocrine systems and childhood development. Energy companies are known to have used PFAS and/or substances that can degrade into PFAS in hydraulic fracturing (“fracking”) in hundreds of U.S. wells.; [0021] In another preferred embodiment, a process for removing hydrogen sulfide, sulfur containing compounds such as thiols or mercaptans, oxides of nitrogen, PFAS substances and halogens from a gas or liquid stream that lowers the concentration of these contaminants to levels that are below the limit of detection of standard laboratory instrumentation by passing the gas or liquid stream through a fluid filter,). Wasas does not explicitly disclose perfluorooctanoic acid (PFOA) less than 4 ppt, or perfluorooctanesulfonic acid (PFOS) less than 4 ppt, or perfluorohexanesulfonic acid (PFHxS) less than 10 ppt, or hexafluoropropylene oxide- dimer acid (HFPO-DA or GenX) less than 10 ppt, or perfluorononanoic acid (PFNA) less than 10 ppt, or some combination thereof.
It is submitted that it would have been a routine matter of design choice to provide the filtering medium such that the process comprises perfluorooctanoic acid (PFOA) less than 4 ppt, or perfluorooctanesulfonic acid (PFOS) less than 4 ppt, or perfluorohexanesulfonic acid (PFHxS) less than 10 ppt, or hexafluoropropylene oxide- dimer acid (HFPO-DA or GenX) less than 10 ppt, or perfluorononanoic acid (PFNA) less than 10 ppt, or some combination thereof, depending on initial contaminant loading and the results desired. Clearly, since Wasas does not disclose the initial concentration of PFAS in the fluid, the initial and/or final PFAS concentrations may already be lower prior to filtering than the instantly recited concentrations. Applicant should recite an initial PFAS concentration and a final PFAS concentration to make clear and distinctly point out that filtering medium composition has lowered the PFAS concentration. Moreover, it has been held that routine matters of design choice do not involve and inventive step. See MPEP 2144.
Per claim 10, Wasas discloses a process for purification of a gas stream comprising hydrogen, methane, light hydrocarbons, nitrogen, helium, carbon monoxide, argon, natural gas, or other gas, or some mixture thereof ([0005] The invention is a filter composition and associated method for purifying feed gases and liquids used for fuel cells, laboratories, the semiconductor, and other industries to improve performance and extend useful equipment lifetimes, as well as eliminating sulfur compounds from other fluids, and to remove noxious contaminants from exhaust gases and liquids. Hydrogen sulfide (H2S), sulfur containing hydrocarbons known as mercaptans or thiols, sulfur containing compounds such as carbonyl sulfide, carbon disulfide, and so on, as well as Per- and Polyfluorinated substances (PFAS), including Perfluorooctane sulfonate (PFOS) and Perfluorooctanoic acid (PFOA),are the most common, and most difficult to remove, of the contaminants that poison the catalysts used in fuel cells to generate electricity, the catalysts and chemicals used in laboratory and industrial applications such as petroleum refining, the semiconductor industry, and many others.),
comprising the steps:
a. Providing a filtering medium composition comprising granular particles ranging in size from about 0.001 mm to about 15 mm ([0019] In another preferred embodiment, a filtering medium composition of granular particles ranging in size from about 15 mm down to about 0.001 mm), or one or more shaped filter bodies ([0035] In a preferred embodiment, the housing of the filter will be cylindrical, made of materials resistant to attack from the fluid being filtered, and the filtering medium will be contained within the housing to prevent migration of the medium past the filter.), and
comprising a mixture of 1) [[the]] oxides of copper ([0032] Copper is the principle metallic component of the granular filtering medium thus, in one embodiment of the inventive filtering medium, the oxides of copper comprise up to approximately 90% of the composition by total weight.), 2) one or more of [[the]] oxides of
magnesium, calcium, strontium, and barium ([0030] An inventive method to purify a gas stream consisting of hydrogen, natural gas, biogas, or other gasses, or a fluid stream of an organic or inorganic liquid must involve removing hydrogen sulfide, organosulfur compounds, PFAS, halogens, and other noxious impurities such as nitrous oxides from gas streams to the lowest concentration possible by passing the stream through a filter housing, wherein such housing is packed with a filtering medium comprising a composition of granular particles ranging in size from about 15 mm down to about 0.01 mm and consisting of a homogeneous composition of the oxides of aluminum, antimony, barium, beryllium, bismuth, boron, cadmium, calcium, cerium, cesium, chromium, cobalt, copper, dysprosium, erbium, europium, gadolinium, gallium, germanium, hafnium, holmium, indium, iron, lanthanum, lead, lithium, lutetium, magnesium, manganese, molybdenum, neodymium, nickel, praseodymium, rhenium, rhodium, samarium, silicon, silver, strontium, titanium, vanadium, ytterbium, yttrium, zinc and zirconium plus traces of elemental gold, palladium, and platinum. In a primary embodiment, the elemental gold, palladium, and platinum only collectively comprise between 0.000001% and 0.002% of the filtering medium.), and 3) one or more of [[the]] oxides of aluminum, boron, cerium, cesium, dysprosium, erbium, europium, gadolinium, gallium, hafnium, holmium, indium, iron, lanthanum, lithium, lutetium, manganese, molybdenum, neodymium, praseodymium, samarium, silicon, silver, titanium, vanadium, ytterbium, yttrium, zinc, and zirconium ([0032] However, due to the presence of the non-copper metal oxides and the three metals in the composition, the composition does not behave like pure copper oxide, which would react to become copper metal and H.sub.2O in the presence of hydrogen, natural gas, or biogas.),
i. Wherein the fraction of copper oxides is at least 50% by total mass ([0014] In another preferred embodiment, the fluid filter as described herein, wherein the filter medium composition is at least 80% oxides of copper as determined by ICP-MS solution analysis of nitric acid digestions of the medium.; [0015] In another preferred embodiment, the fluid filter as described herein, wherein the filtering medium is comprised of at least 90% by total weight oxides of copper.), and
d. Passing the gas stream through the fluid filter materials, thereby removing any
contaminants and purifying the fluid stream ([0022] In another preferred embodiment, the process as described herein, wherein the stream flows upward through the filter.), and
e. Recovering the purified gas stream (Fig. 2 shows the results of a purified stream having gone through the filtering medium composition and having contaminants removed from the stream. The stream was recovered at least to the extent to run at least a portion of the stream through a chromatograph.). Wasas does not explicitly disclose wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02.
Tsapatsis et al., also directed to process for purifying a contaminant-containing stream, disclose a step wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 (Abstract, The adsorbent material includes copper oxide, magnesium oxide, and aluminum oxide. An atomic ratio of copper to magnesium to aluminum of the adsorbent material is X:Y:Z, where X is greater than or equal to 0.6 and less than or equal to 0.9, where Y is greater than or equal to 0 and less than or equal to 0.2, where Z is greater than or equal to 0 and less than or equal to 0.2, and where X+Y+Z is equal to 1.) in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material ([0043] Implementations of the adsorbent material can include a mixture of metal oxides of atomic copper (Cu), atomic magnesium (Mg), and atomic aluminum (Al), synthesized by co-precipitation. In some cases, the adsorbent material exhibits a high and stable sulfur capacity (e.g., in a range of approximately 2 to 10 mmol of sulfur/g of adsorbent, or more), such that it consistently adsorbs large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide. Further, in some cases, the adsorbent material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the adsorbent material. Thus, the adsorbent material can adsorb quantities of sulfur from a source of gas, and after regeneration, be reused to adsorb additional quantities of sulfur.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the process of Wasas such that it comprises wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material.
Per claim 12, Wasas discloses a filtering medium composition of granular particles ranging in size from about 0.001 mm to about 15 mm ([0019] In another preferred embodiment, a filtering medium composition of granular particles ranging in size from about 15 mm down to about 0.001 mm), or one or more shaped filter bodies ([0035] In a preferred embodiment, the housing of the filter will be cylindrical, made of materials resistant to attack from the fluid being filtered, and the filtering medium will be contained within the housing to prevent migration of the medium past the filter.), and
comprising a mixture of 1) [[the]] oxides of copper ([0032] Copper is the principle metallic component of the granular filtering medium thus, in one embodiment of the inventive filtering medium, the oxides of copper comprise up to approximately 90% of the composition by total weight.), 2) one or more of [[the]] oxides of magnesium, calcium, strontium, and barium ([0030] An inventive method to purify a gas stream consisting of hydrogen, natural gas, biogas, or other gasses, or a fluid stream of an organic or inorganic liquid must involve removing hydrogen sulfide, organosulfur compounds, PFAS, halogens, and other noxious impurities such as nitrous oxides from gas streams to the lowest concentration possible by passing the stream through a filter housing, wherein such housing is packed with a filtering medium comprising a composition of granular particles ranging in size from about 15 mm down to about 0.01 mm and consisting of a homogeneous composition of the oxides of aluminum, antimony, barium, beryllium, bismuth, boron, cadmium, calcium, cerium, cesium, chromium, cobalt, copper, dysprosium, erbium, europium, gadolinium, gallium, germanium, hafnium, holmium, indium, iron, lanthanum, lead, lithium, lutetium, magnesium, manganese, molybdenum, neodymium, nickel, praseodymium, rhenium, rhodium, samarium, silicon, silver, strontium, titanium, vanadium, ytterbium, yttrium, zinc and zirconium plus traces of elemental gold, palladium, and platinum. In a primary embodiment, the elemental gold, palladium, and platinum only collectively comprise between 0.000001% and 0.002% of the filtering medium.), and 3) one or more of [[the]] oxides of aluminum, boron, cerium, cesium, dysprosium, erbium, europium, gadolinium, gallium, hafnium, holmium, indium, iron, lanthanum, lithium, lutetium, manganese,
molybdenum, neodymium, praseodymium, samarium, silicon, silver, titanium,
vanadium, ytterbium, yttrium, zinc, and zirconium ([0032] However, due to the presence of the non-copper metal oxides and the three metals in the composition, the composition does not behave like pure copper oxide, which would react to become copper metal and H.sub.2O in the presence of hydrogen, natural gas, or biogas.),
i. Wherein the fraction of copper oxides is at least 50% by total mass ([0014] In another preferred embodiment, the fluid filter as described herein, wherein the filter medium composition is at least 80% oxides of copper as determined by ICP-MS solution analysis of nitric acid digestions of the medium.; [0015] In another preferred embodiment, the fluid filter as described herein, wherein the filtering medium is comprised of at least 90% by total weight oxides of copper.). Wasas does not explicitly disclose wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02.
Tsapatsis et al., also directed to a medium composition (Abstract, The adsorbent material includes copper oxide, magnesium oxide, and aluminum oxide. An atomic ratio of copper to magnesium to aluminum of the adsorbent material is X:Y:Z, where X is greater than or equal to 0.6 and less than or equal to 0.9, where Y is greater than or equal to 0 and less than or equal to 0.2, where Z is greater than or equal to 0 and less than or equal to 0.2, and where X+Y+Z is equal to 1.), disclose a step wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 (Abstract, The adsorbent material includes copper oxide, magnesium oxide, and aluminum oxide. An atomic ratio of copper to magnesium to aluminum of the adsorbent material is X:Y:Z, where X is greater than or equal to 0.6 and less than or equal to 0.9, where Y is greater than or equal to 0 and less than or equal to 0.2, where Z is greater than or equal to 0 and less than or equal to 0.2, and where X+Y+Z is equal to 1.) in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material ([0043] Implementations of the adsorbent material can include a mixture of metal oxides of atomic copper (Cu), atomic magnesium (Mg), and atomic aluminum (Al), synthesized by co-precipitation. In some cases, the adsorbent material exhibits a high and stable sulfur capacity (e.g., in a range of approximately 2 to 10 mmol of sulfur/g of adsorbent, or more), such that it consistently adsorbs large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide. Further, in some cases, the adsorbent material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the adsorbent material. Thus, the adsorbent material can adsorb quantities of sulfur from a source of gas, and after regeneration, be reused to adsorb additional quantities of sulfur.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the medium of Wasas such that it comprises wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material.
Per claim 15, Wasas, as modified by Tsapatsis et al., discloses a filtering medium composition of granular particles ranging in size from about 0.001 mm to about 15 mm (see Wasas [0019] In another preferred embodiment, a filtering medium composition of granular particles ranging in size from about 15 mm down to about 0.001 mm), or one or more shaped filter bodies (see Wasas [0035] In a preferred embodiment, the housing of the filter will be cylindrical, made of materials resistant to attack from the fluid being filtered, and the filtering medium will be contained within the housing to prevent migration of the medium past the filter.), and
comprising a mixture of 1) [[the]] oxides of copper (see Wasas [0032] Copper is the principle metallic component of the granular filtering medium thus, in one embodiment of the inventive filtering medium, the oxides of copper comprise up to approximately 90% of the composition by total weight.), 2) one or more of [[the]] oxides of magnesium, calcium, strontium, and barium (see Wasas [0030] An inventive method to purify a gas stream consisting of hydrogen, natural gas, biogas, or other gasses, or a fluid stream of an organic or inorganic liquid must involve removing hydrogen sulfide, organosulfur compounds, PFAS, halogens, and other noxious impurities such as nitrous oxides from gas streams to the lowest concentration possible by passing the stream through a filter housing, wherein such housing is packed with a filtering medium comprising a composition of granular particles ranging in size from about 15 mm down to about 0.01 mm and consisting of a homogeneous composition of the oxides of aluminum, antimony, barium, beryllium, bismuth, boron, cadmium, calcium, cerium, cesium, chromium, cobalt, copper, dysprosium, erbium, europium, gadolinium, gallium, germanium, hafnium, holmium, indium, iron, lanthanum, lead, lithium, lutetium, magnesium, manganese, molybdenum, neodymium, nickel, praseodymium, rhenium, rhodium, samarium, silicon, silver, strontium, titanium, vanadium, ytterbium, yttrium, zinc and zirconium plus traces of elemental gold, palladium, and platinum. In a primary embodiment, the elemental gold, palladium, and platinum only collectively comprise between 0.000001% and 0.002% of the filtering medium.), and 3) one or more of [[the]] oxides of aluminum, boron, cerium, cesium, dysprosium, erbium, europium, gadolinium, gallium, hafnium, holmium, indium, iron, lanthanum, lithium, lutetium, manganese,
molybdenum, neodymium, praseodymium, samarium, silicon, silver, titanium,
vanadium, ytterbium, yttrium, zinc, and zirconium ([0032] However, due to the presence of the non-copper metal oxides and the three metals in the composition, the composition does not behave like pure copper oxide, which would react to become copper metal and H.sub.2O in the presence of hydrogen, natural gas, or biogas.),
i. Wherein the fraction of copper oxides is at least 50% by total mass (see Wasas [0014] In another preferred embodiment, the fluid filter as described herein, wherein the filter medium composition is at least 80% oxides of copper as determined by ICP-MS solution analysis of nitric acid digestions of the medium.; [0015] In another preferred embodiment, the fluid filter as described herein, wherein the filtering medium is comprised of at least 90% by total weight oxides of copper.) and Tsapatsis et al. disclose wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 (Abstract, The adsorbent material includes copper oxide, magnesium oxide, and aluminum oxide. An atomic ratio of copper to magnesium to aluminum of the adsorbent material is X:Y:Z, where X is greater than or equal to 0.6 and less than or equal to 0.9, where Y is greater than or equal to 0 and less than or equal to 0.2, where Z is greater than or equal to 0 and less than or equal to 0.2, and where X+Y+Z is equal to 1.).
Regarding wherein the oxides of magnesium, calcium, strontium, or barium are added to pre-existing granular particles ranging in size from about 0.001 mm to about 15 mm, or one or more shaped filter bodies, and comprising a mixture of the oxides of copper and one or more of the oxides of aluminum, boron, cerium, cesium, dysprosium, erbium, europium, gadolinium, gallium, hafnium, holmium, indium, iron, lanthanum, lithium, lutetium, manganese, molybdenum, neodymium, praseodymium, samarium, silicon, silver, titanium, vanadium, ytterbium, yttrium, zinc, and zirconium, it is submitted that it would have been a routine matter of process design to add the oxides of magnesium, calcium, strontium, or barium are added to pre-existing granular particles, depending on the results desired. Further, it has been held that changes in sequence of adding ingredients does not involve an inventive step. See, for example, Ex parte Rubin, 128 USPQ 440 (Bd. App. 1959), In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) and/or In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930). See MPEP 2144.
Per claim 16, regarding wherein the filtering medium has been exposed to sulfur containing fluids and contains at least 5, 10, 20, 25, 30, 35, or 40% by total mass sulfur or from 1 to 50, 5 to 45, 10 to 40, or 10 to 35% by total mass sulfur, it appears that the limitation is one of intended use or a process limitation that fails to impose additional structure on the medium of Wasas and is therefore not given patentable weight. Further, it is well settled that “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990). Claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78 (Fed Cir. 1997).
Per claim 17, Wasas discloses a functional equivalent of a porous filter block composed of the filtering medium composition of claim 1 (Fig. 1; ([0035] In a preferred embodiment, the housing of the filter will be cylindrical, made of materials resistant to attack from the fluid being filtered, and the filtering medium will be contained within the housing to prevent migration of the medium past the filter.)). Wasas does not disclose the composition is bound together with one or more agglomerating agents.
Tsapatsis et al. disclose the composition is bound together with one or more agglomerating agents ([0014] In some implementations, the composition can further include a binding agent. The binding agent can include silica. The composition can include approximately 5% to 40% by weight of the binding agent to 40% to 80% by weight, collectively, of copper oxide, magnesium oxide, and aluminum oxide.; [0047] In some cases, several particles can be adhered or bound together to form a pellet (e.g., a pellet having a length and/or width of 1 mm to 10 mm).; [0048] Further, in some cases, the adsorbent material can include materials other than metal oxides. For example, in some implementations, the adsorbent material can include a binding agent (e.g., silica) that provides adhesion to the mixture. In some cases, a binding agent can be used to produce powders or pellets having a particular shape and size. In some cases, a material can have approximately 5% to 40% by weight of the binding agent to 40% to 80% by weight, collectively, of copper oxide, magnesium oxide, and aluminum oxide.) in order to, for example, produce a medium having a desired shape and/or size.
Accordingly, it would have been readily obvious for the skilled artisan to modify the porous filter block of Wasas such that it comprises the composition is bound together with one or more agglomerating in order to, for example, produce a medium having a desired shape and/or size.
Per claim 18, Wasas, as modified by Tsapatsis et al., discloses wherein the agglomerating agent or agents are chosen from among at least silica in order to provide a desired shape or size to the medium (see Tsapatsis et al. [0014] The binding agent can include silica.). Wasas, as modified by Tsapatsis et al. do not explicitly disclose that the agglomerating agent are chosen from among polymers, silica sols, porous clay, starch, Isopropyl acetate, methyl cellulose, hexadecanol, octadecanol, paraffin, melted wax, silicone, epoxy resins, and polymerized furfuryl.
It is submitted that it have been a routine matter of design choice to provide an agent or agents chosen from among polymers, silica sols, porous clay, starch, Isopropyl acetate, methyl cellulose, hexadecanol, octadecanol, paraffin, melted wax, silicone, epoxy resins, and polymerized furfuryl, depending on the results desired and to use agents known to the skilled artisan at the time of the invention, absent a proper showing of any new and unexpected result.
Per claim 19, Wasas, as modified by Tsapatsis et al., disclose a functional equivalent filter cartridge (see Wasas, Fig. 1; [0035] In a preferred embodiment, the housing of the filter will be cylindrical, made of materials resistant to attack from the fluid being filtered, and the filtering medium will be contained within the housing to prevent migration of the medium past the filter.; [0041] Turning now to the figures, FIG. 1 shows the inventive filter 10, comprising filter housing 1, within which are centered two sintered filter discs 3, with filtering medium 2 contained between the two sintered discs.) comprising the filter block of claim 17 (as described above in the rejection of claim 17).
Per claim 20, Wasas discloses a functional equivalent of a cage (3) containing the filtering medium composition of claim 17 (Fig. 1, the filtering medium composition is held between the two cages 3). Wasas does not explicitly disclose wherein the average diameter of the filter material particles is at least 1.5, 2, 2.5, 3, 5, 10, or 20 times the diameter of [[the]] holes or gaps in the walls of the cage.
It is submitted that it would have been well within the purview of the skilled artisan to provide holes of gaps in the cage in order to, for example, facilitate passage of fluid through the cage and to provide the particles wherein the average diameter of the filter material particles is at least 1.5, 2, 2.5, 3, 5, 10, or 20 times the diameter of the holes or gaps in the walls of the cage order to, for example ensure that the particles are retained in the cage.
Per claim 21, Wasas, as modified by Tsapatsis et al., discloses the filtering medium composition of claim 12 but does not disclose a fluted filter comprising said composition.
It is submitted that it would have been a routine matter of design choice to utilize the filtering medium composition in a fluted filter in order to, for example, provide a filter which increases the surface area for filtration while facilitating quick passage of fluids through the filter. It has been held that design choices involving routine matters do not involve an inventive step. See MPEP 2144.
Claim 4, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wasas (US 2023/0116353) in view of Tsapatsis et al. (US 2018/0311642) as applied above, and further in view of DiStefano (CN 115943125, the passages cited below refer to the machine-generated English translation provided with the instant office action).
Per claim 4, Wasas, as modified by Tsapatsis et al., does not disclose wherein the filtering medium composition is comprised of 0.1-20% activated carbon by total mass.
DiStefano, also directed to a process for purifying a contaminant-containing stream (page 2, The present disclosure describes adsorbents having improved properties in the removal of perfluoro and polyfluoroalkyl species from liquids and gases, the perfluoro and polyfluoroalkyl species comprising, but not limited to, PFOA, PFOS and similar compounds.), disclose providing activated carbon with a metal oxide (page 5, As used herein, the term "adsorbent material" means all known materials from any source that are capable of adsorbing or absorbing liquids and/or gases. For example, the adsorbent medium may comprise, as non-limiting examples, one or more of the following: carbon carbon, activated carbon, reactivated carbon, carbon nanotubes, graphene, natural and synthetic zeolites, silica, silica gel, alumina, polystyrene sulfonate, alumina, zirconia and diatomaceous earth.; page 8, The adsorbent composition may include one or more adsorbents, each adsorbent including or derived from an adsorbent medium selected from, but not limited to, one or more of the following: carbon carbon, activated carbon, carbon nanotubes, graphene, reactivated carbon, carbon black, natural and synthetic zeolites, silica, silica gel, alumina, alumina clay, zirconia, diatomaceous earth, and metal oxides.), in order to, for example provide enhanced PFAS removal from a fluid (page 2, The present disclosure describes adsorbents having improved properties in the removal of perfluoro and polyfluoroalkyl species from liquids and gases, the perfluoro and polyfluoroalkyl species comprising, but not limited to, PFOA, PFOS and similar compounds.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the process of Wasas, as modified by Tsapatsis et al., such that it comprises wherein the filtering medium composition is comprised of activated carbon in order to, for example provide enhanced PFAS removal from a fluid.
It is submitted it would have a routine matter of process optimization to provide the activated carbon at 0.1-20% by total mass in order to, for example, remove a desired amount of PFAS depending on the anticipated PFAS loading in the fluid to be treated and the results desired. Further, the examiner notes that applicant has not provided for the record a proper showing of any new and unexpected result obtained by using the recited percentage range.
Per claim 13, Wasas, as modified by Tsapatsis et al., does not disclose wherein the filtering medium composition is comprised of 0.1, 0.5, 1.0, 3, 5, 8, 10, or 15 total mass % activated carbon or 0.1-20, 0.5 to 20, 3 to 20, or 5 to 15 total mass% activated carbon.
DiStefano, also directed to a filtering medium composition, (page 4, In another embodiment, the bed containing the adsorbent can remove PFOA from at least about 20, 000 bed volume of water containing PFOA with concentration of about 61ng/L or less, thereby generating the filtered water flow, and then the concentration of PFOA detected in the filtered water flow is about 15ng/L.), disclose providing activated carbon with a metal oxide (page 5, As used herein, the term "adsorbent material" means all known materials from any source that are capable of adsorbing or absorbing liquids and/or gases. For example, the adsorbent medium may comprise, as non-limiting examples, one or more of the following: carbon carbon, activated carbon, reactivated carbon, carbon nanotubes, graphene, natural and synthetic zeolites, silica, silica gel, alumina, polystyrene sulfonate, alumina, zirconia and diatomaceous earth.; page 8, The adsorbent composition may include one or more adsorbents, each adsorbent including or derived from an adsorbent medium selected from, but not limited to, one or more of the following: carbon carbon, activated carbon, carbon nanotubes, graphene, reactivated carbon, carbon black, natural and synthetic zeolites, silica, silica gel, alumina, alumina clay, zirconia, diatomaceous earth, and metal oxides.), in order to, for example provide enhanced PFAS removal from a fluid (page 2, The present disclosure describes adsorbents having improved properties in the removal of perfluoro and polyfluoroalkyl species from liquids and gases, the perfluoro and polyfluoroalkyl species comprising, but not limited to, PFOA, PFOS and similar compounds.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the filtering medium composition of Wasas, as modified by Tsapatsis et al., such that it comprises wherein the filtering medium composition is comprised of activated carbon in order to, for example provide enhanced PFAS removal from a fluid.
It is submitted it would have a routine matter of process optimization to provide the activated carbon at 0.1, 0.5, 1.0, 3, 5, 8, 10, or 15 total mass % activated carbon or 0.1-20, 0.5 to 20, 3 to 20, or 5 to 15 total mass% activated carbon by total mass in order to, for example, remove a desired amount of PFAS depending on the anticipated PFAS loading in the fluid to be treated and the results desired. Further, the examiner notes that applicant has not provided for the record a proper showing of any new and unexpected result obtained by using the recited percentage range.
Per claim 14, Wasas, as modified by Tsapatsis et al., does not disclose wherein the activated carbon is comprised of at least 0.1, 0.5, 1.0, 3, 5, 8, 10, or 15 total mass% of the sum of magnesium, calcium, strontium, and barium or 0.1 to 20, 0.5 to 20, 3 to 20, or 5 to 15 total mass% of the sum of magnesium, calcium, strontium, and barium.
DiStefano, also directed to a filtering medium composition, (page 4, In another embodiment, the bed containing the adsorbent can remove PFOA from at least about 20, 000 bed volume of water containing PFOA with concentration of about 61ng/L or less, thereby generating the filtered water flow, and then the concentration of PFOA detected in the filtered water flow is about 15ng/L.), disclose providing activated carbon with a metal oxide (page 5, As used herein, the term "adsorbent material" means all known materials from any source that are capable of adsorbing or absorbing liquids and/or gases. For example, the adsorbent medium may comprise, as non-limiting examples, one or more of the following: carbon carbon, activated carbon, reactivated carbon, carbon nanotubes, graphene, natural and synthetic zeolites, silica, silica gel, alumina, polystyrene sulfonate, alumina, zirconia and diatomaceous earth.; page 8, The adsorbent composition may include one or more adsorbents, each adsorbent including or derived from an adsorbent medium selected from, but not limited to, one or more of the following: carbon carbon, activated carbon, carbon nanotubes, graphene, reactivated carbon, carbon black, natural and synthetic zeolites, silica, silica gel, alumina, alumina clay, zirconia, diatomaceous earth, and metal oxides.), in order to, for example provide enhanced PFAS removal from a fluid (page 2, The present disclosure describes adsorbents having improved properties in the removal of perfluoro and polyfluoroalkyl species from liquids and gases, the perfluoro and polyfluoroalkyl species comprising, but not limited to, PFOA, PFOS and similar compounds.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the filtering medium composition of Wasas, as modified by Tsapatsis et al., such that it comprises wherein the filtering medium composition is comprised of activated carbon in order to, for example provide enhanced PFAS removal from a fluid.
It is submitted it would have a routine matter of process optimization to provide the activated carbon at 0.1, 0.5, 1.0, 3, 5, 8, 10, or 15 total mass% of the sum of magnesium, calcium, strontium, and barium or 0.1 to 20, 0.5 to 20, 3 to 20, or 5 to 15 total mass% of the sum of magnesium, calcium, strontium, and barium in order to, for example, remove a desired amount of PFAS depending on the anticipated PFAS loading in the fluid to be treated and the results desired. Further, the examiner notes that applicant has not provided for the record a proper showing of any new and unexpected result obtained by using the recited percentage range.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wasas (US 2023/0116353) in view of Tsapatsis et al. (US 2018/0311642) taken together with Zhang et al. (US 2004/0126287).
Per claim 11, Wasas discloses a process for regenerating filtering media composition ([0038] The medium within the filter housing can be recycled, regenerated, or disposed of depending on the use of the filter.) comprising:
a. Providing a filtering medium composition comprising granular particles ranging in size from about 0.001 mm to about 15 mm ([0019] In another preferred embodiment, a filtering medium composition of granular particles ranging in size from about 15 mm down to about 0.001 mm), or one or more shaped filter bodies ([0035] In a preferred embodiment, the housing of the filter will be cylindrical, made of materials resistant to attack from the fluid being filtered, and the filtering medium will be contained within the housing to prevent migration of the medium past the filter.), and
comprising a mixture of 1) [[the]] oxides of copper ([0032] Copper is the principle metallic component of the granular filtering medium thus, in one embodiment of the inventive filtering medium, the oxides of copper comprise up to approximately 90% of the composition by total weight.), 2) one or more of [[the]] oxides of magnesium, calcium, strontium, and barium ([0030] An inventive method to purify a gas stream consisting of hydrogen, natural gas, biogas, or other gasses, or a fluid stream of an organic or inorganic liquid must involve removing hydrogen sulfide, organosulfur compounds, PFAS, halogens, and other noxious impurities such as nitrous oxides from gas streams to the lowest concentration possible by passing the stream through a filter housing, wherein such housing is packed with a filtering medium comprising a composition of granular particles ranging in size from about 15 mm down to about 0.01 mm and consisting of a homogeneous composition of the oxides of aluminum, antimony, barium, beryllium, bismuth, boron, cadmium, calcium, cerium, cesium, chromium, cobalt, copper, dysprosium, erbium, europium, gadolinium, gallium, germanium, hafnium, holmium, indium, iron, lanthanum, lead, lithium, lutetium, magnesium, manganese, molybdenum, neodymium, nickel, praseodymium, rhenium, rhodium, samarium, silicon, silver, strontium, titanium, vanadium, ytterbium, yttrium, zinc and zirconium plus traces of elemental gold, palladium, and platinum. In a primary embodiment, the elemental gold, palladium, and platinum only collectively comprise between 0.000001% and 0.002% of the filtering medium.), and 3) one or more of [[the]] oxides of aluminum, boron, cerium, cesium, dysprosium, erbium, europium, gadolinium, gallium, hafnium, holmium, indium, iron, lanthanum, lithium, lutetium, manganese,
molybdenum, neodymium, praseodymium, samarium, silicon, silver, titanium,
vanadium, ytterbium, yttrium, zinc, and zirconium ([0032] However, due to the presence of the non-copper metal oxides and the three metals in the composition, the composition does not behave like pure copper oxide, which would react to become copper metal and H.sub.2O in the presence of hydrogen, natural gas, or biogas.),
i. Wherein the fraction of copper oxides is at least 50% by total mass ([0014] In another preferred embodiment, the fluid filter as described herein, wherein the filter medium composition is at least 80% oxides of copper as determined by ICP-MS solution analysis of nitric acid digestions of the medium.; [0015] In another preferred embodiment, the fluid filter as described herein, wherein the filtering medium is comprised of at least 90% by total weight oxides of copper.), and
iii. Wherein the filtering media ([0022] In another preferred embodiment, the process as described herein, wherein the stream flows upward through the filter.). Wasas does not explicitly disclose wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 and combusting the [[material]]filtering media composition in air or other oxygen-containing gas.
Tsapatsis et al., also directed to process for regenerating filter media composition ([0005] The adsorbent material can be subsequently regenerated, such that some or all of the adsorbed sulfur is removed from the adsorbent material. After regeneration, the adsorbent material can be reused to adsorb additional quantities of sulfur from an input gas. In some cases, the adsorbent material can be regenerated several times, or in some cases, a substantially unlimited number of times.), disclose a step wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 (Abstract, The adsorbent material includes copper oxide, magnesium oxide, and aluminum oxide. An atomic ratio of copper to magnesium to aluminum of the adsorbent material is X:Y:Z, where X is greater than or equal to 0.6 and less than or equal to 0.9, where Y is greater than or equal to 0 and less than or equal to 0.2, where Z is greater than or equal to 0 and less than or equal to 0.2, and where X+Y+Z is equal to 1.) in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material ([0043] Implementations of the adsorbent material can include a mixture of metal oxides of atomic copper (Cu), atomic magnesium (Mg), and atomic aluminum (Al), synthesized by co-precipitation. In some cases, the adsorbent material exhibits a high and stable sulfur capacity (e.g., in a range of approximately 2 to 10 mmol of sulfur/g of adsorbent, or more), such that it consistently adsorbs large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide. Further, in some cases, the adsorbent material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the adsorbent material. Thus, the adsorbent material can adsorb quantities of sulfur from a source of gas, and after regeneration, be reused to adsorb additional quantities of sulfur.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the process of Wasas such that it comprises wherein the atom ratio of the sum of magnesium, calcium, strontium, and barium to that of copper is at least equal to 0.02 in order to, for example, consistently adsorb large amounts of sulfur when exposed to a source of gas containing hydrogen sulfide wherein material can be regenerated after adsorbing sulfur, such that some or all of the adsorbed sulfur is released from the material.
Zhang et al., also directed to a process of regenerating filtering media composition ([0003] Carbon particles are stored in the filter and then burned so that the filter is regenerated and able to again store the carbon particles.), disclose combusting filter media composition in air or other oxygen-containing gas ([0003] A particulate filter, also commonly used with compression ignition engines, is used to prevent soot, or carbon particles, from exiting the tailpipe. Carbon particles are stored in the filter and then burned so that the filter is regenerated and able to again store the carbon particles.) in order to, for example, reuse the filter for fluid treatment. Air is inherently present in exhaust gases from internal combustion engines.
Accordingly, it would have been readily obvious for the skilled artisan to modify the process of Wasas, as modified by Tsapatsis et al., such that it comprises combusting filter media composition in air or other oxygen-containing gas in order to, for example, reuse the filter for fluid treatment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED PRINCE whose telephone number is (571)272-1165. The examiner can normally be reached M-F: 0900-1730.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at (571)270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FRED PRINCE/
Primary Examiner
Art Unit 1779
Prosecution Insights