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:
In paragraph [0039] of the specification recites “Calcium carbonate (CaCO2)” which appears to be incorrect Calcium Carbonate is known to be CaCO3 seems there is a typographical error in the specification.
Appropriate correction is required.
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.
Claim 5 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.
In Reference to Claim 5
Recites “average maximum dimensions between 0.125 in. and 0.1875in” is unclear what in the media element is being measured to be said average maximum dimension. As the claim is written in light of the specification is unclear if the claim is referring to the pore size, the opening size, the channel size or what exactly is suppose to be a maximum of 0.125 in. and 0.1875 in. For examination purposes the claim interpretation is going to be interpreted the limitation as best understood as the “granules diameter size”.
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.
Claim(s) 1, 3-6, 11, 14, 15, 16, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0044632 to Zelenski et al. (Zelenski).
In Reference to Claim 1 and 11
Zelenski discloses:
An apparatus for adsorbing carbon from engine exhaust gases, comprising:
a housing having an interior (chamber 103a-103d);
an inlet in fluid communication with the interior (104a-d);
an outlet (106a-d) in fluid communication with the interior; and
an adsorbing media cartridge102 positioned within the housing, wherein the adsorbing media cartridge contains an adsorbing media (calcium hydroxide, see paragraph [0034].)
In Reference to Claim 3 and 14
Zelenski discloses:
wherein the adsorbing media is calcium hydroxide, see paragraph [0034].
In Reference to Claim 4 and 15
Zelenski discloses:
wherein the adsorbing media comprises a plurality of media elements 102, and wherein the media elements are irregular in shape, see Fig.1.
In Reference to Claim 5
Zelenski discloses:
wherein the adsorbing media comprises a plurality of media elements, and wherein the media elements have average maximum dimensions between 0.125 in. and 0.1875 in, see paragraph [0038] discloses adsorber granules are preferably between 3 and 4mm diameter which ends up being 0.118 in to 0.1574 in.
In Reference to Claim 6 and 16
Zelenski discloses:
wherein the adsorbing media is 50% by volume of an interior of the adsorbing media cartridge.
In Reference to Claim 10 and 20
Zelenski discloses:
wherein the apparatus is plumbed to an engine’s exhaust system, such that engine exhaust gases pass into the housing through the inlet and out of the housing through the outlet, see paragraph [0030].
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0044632 to Zelenski et al. (Zelenski) in view of JP H04-200719 to JP Reference.
In Reference to Claim 2
Zelenski discloses:
wherein the adsorbing media cartridge but does not disclose includes a plurality of apertures extending from an outside of the adsorbing media cartridge to an inside of the adsorbing media cartridge.
JP Reference discloses:
wherein the adsorbing media cartridge includes a plurality of apertures (porus board 16b front and back) extending from an outside of the adsorbing media cartridge to an inside of the adsorbing media cartridge.
At the time claimed invention was filed it would have been obvious to an artisan of ordinary skill to include a plurality of apertures (porus board front and back), combine the teachings of JP Reference with Zelenski, since this would enable the practitioner of the primary reference to practice the advantage of having the exhaust gas be able to pass through the cartridge of Zelenski.
Claim(s) 7-9, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0044632 to Zelenski et al. (Zelenski) in view of US 8,932,531 to Muter et al. (Muter).
In Reference to Claim 7 and 17
Zelenski does not disclose:
at least one mounting bracket fixed to an interior surface of the housing, wherein the at least one mounting bracket selectively retains the adsorbing media cartridge.
Muter discloses
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at least one mounting bracket 130 fixed to an interior surface 86 of the housing, wherein the at least one mounting bracket selectively retains the adsorbing media cartridge (catalyst matrix).
At the time claimed invention was filed it would have been obvious to an artisan of ordinary skill to include a mounting bracket 130, combine the teachings of Muter with Zelenski, since this would enable the practitioner of the primary reference to practice the advantage of securing the adsorber of Zelenski and provide easy access for maintenance services.
In Reference to Claim 8 and 18
Zelenski modified, discloses:
wherein the at least one mounting bracket includes perforations 141.
In Reference to Claim 9 and 19
Zelenski modified, discloses:
wherein the housing includes a removable cover 80 sealing 104 the interior.
Claim(s)12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0044632 to Zelenski et al. (Zelenski) in view of FR 2 789 118 to Bourcier De Carbo Alain (Alain).
In Reference to Claim 12
Zelenski discloses:
wherein the adsorbing media package includes a textile mesh material having openings extending from an outside of the adsorbing media package to an inside of the adsorbing media package.
Alain discloses:
wherein the adsorbing media package D includes a textile mesh material having openings extending from an outside of the adsorbing media package to an inside of the adsorbing media package (CaCO3).
At the time claimed invention was filed it would have been obvious to an artisan of ordinary skill to include a mesh in Zelenski cartridge, combine the teachings of Alain with Zelenski, since this would enable the practitioner of the primary reference to practice the advantage of letting exhaust gas enter and interact with the asorber material of Zelenski.
Claim(s)13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0044632 to Zelenski et al. (Zelenski) in view of US 4,061,807 to Shaler et al. (Shaler).
In Reference to Claim 13
Zelenski does not disclose:
wherein the adsorbing media package includes a cloth bag having openings extending from an outside of the adsorbing media package to an inside of the adsorbing media package.
Shaler discloses:
wherein the adsorbing media package includes a cloth bag having openings extending from an outside of the adsorbing media package to an inside of the adsorbing media package. (col. 2 lines 53-60).
At the time claimed invention was filed it would have been obvious to an artisan of ordinary skill to include a cloth bag for the adsorber, combine the teachings of Makoto with Zelenski, since this would enable the practitioner of the primary reference to practice the advantage of containing granules in a way that would allow fluid/exhaust gas to enter and interact with the absorbent of Zelenski.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY AYALA DELGADO whose telephone number is (571)270-3452. The examiner can normally be reached Mon-Fri 8:00-5:00.
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/ANTHONY AYALA DELGADO/Primary Examiner, Art Unit 3746
