www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/488,592
`
`08/25/2019
`
`Yasunari MAEDA
`
`AOYAP0223WOUS
`
`6368
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`BARRY, CHESTER T
`
`1779
`
`06/24/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-30 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`(J Claim(s)__ is/are allowed.
`Claim(s) 1-2,4-6,8-10,12-21,23-25 and 27-30 is/are rejected.
`Claim(s) 3,7,11,22 and 26 is/are objected to.
`1) Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11)M The drawing(s)filed on 8/25/19 is/are: a) accepted or b)C) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 8/25/19,10/3/19, 2/14/20,3/19/20, 12/30/20.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210618
`
`Application No.
`Applicant(s)
`16/488,592
`MAEDAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHESTER T BARRY
`1779
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 12/30/20.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/488,592
`Art Unit: 1779
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`under the first inventor to file provisions of the AIA.
`
`Claims 15 and 30 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
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`distinctly claim the subject matter which the inventor or a joint inventor (or for
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`applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
`
`The term “reproduction treatment” cannot be understood.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention was patented, described in a printed publication, orin public use,
`on sale, or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`Claims 1 —2, 4-6, 8 —10, 13, 14, 16 - 21, 23-25, 28-29 are rejected under 35
`
`U.S.C. 102(a)(1) as being anticipated by Matsumoto.
`
`Matsumoto Fig.
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`1 and 2.3.3 describes a metal ion, e.g., calcium cation, removal
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`device comprising a micro bubble generator 3 outlet positioned at the bottom of a
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`containment vessel 8 within which is hard, calcium ion-laden water. The calcium ion
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`reacts with an added gas, e.g., carbon dioxide, which reacts with the calcium forming
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`insoluble calcium carbonate thereby removing the calcium ion from the liquid, e.g.,
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`

`

`Application/Control Number: 16/488,592
`Art Unit: 1779
`
`Page 3
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`water. Per claim 4, the gas bubbles inherently “adsorb” the metal ions as evidenced by
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`the reaction of the gas, e.g., carbon dioxide, with the calcium in the water.
`
`Per claim 5, the claim-recited “first gas” reads on Matsumoto’s disclosure of a
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`soluble basic gas, i.e., ammonia gas: Oneofskill would recognize that the ammonia
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`reaction with water forms ammonium ion and liberates hydroxyl
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`ions to the solution
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`rendering it available for reaction with other chemical species in the water.
`
`Per claim 6, the composition taught by Matsumoto at p.477 includes
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`ammonia:carbon dioxide molar ratio of 2:1 so the first gas (ammonia) was morehighly
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`concentrated than the second gas (carbon dioxide).
`SOND cee ee ee rove ngON Oe
`
`SPS STN apace das
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`x
`-
`-
`.
`Tre Os surly False WSE changeit in the GSR)58
`eye
`syaies } orn
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`Sek
`Poy
`ey
`ocean
`a
`Ox
`iy
`x
`RECanes. and ihe mealer ratio af
`HE
`ES
`=
`.
` erva SonanoeBoaey 2 OE Relea RY eee ba
`
`
`
`
`
`PES
`fa GYR Sti Ny as a balance gas,
`oe
`Re
`2
`RES
`ANNO
`_
`AL a.See
`
`.
`
`
`
`Per claim 8, at p 477 left column § 2.31.1, Matsumoto describes flowing a gas
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`mixture of carbon dioxide 1.12 mmol/l-min) and ammonia 0.11 mmol/l-min, i.e., at a
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`carbon dioxide “second gas” to ammonia “first gas” ratio of about 10:1.
`
`Per claim 10, applicant’s first and second gases read on Matsumoto’s ammonia
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`and nitrogen.
`
`Per claim 13, Matsumoto does notincorporate air, i.e., a mixture of
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`predominantly oxygen, nitrogen, and argon, to generate the micro bubbles.
`
`Per claim 18, the crystallized and precipitated crystal separate from the calcium-
`
`laden water by gravity settling.
`
`Per claim 19, the bubbles exit the water phase and vessel through a vent as
`
`shown in Matsumoto Fig. 1.
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`

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`Application/Control Number: 16/488,592
`Art Unit: 1779
`
`Page 4
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`Claims 12 and 27 are rejected under 35 U.S.C. 103 as obvious over Matsumoto,
`
`as applied to claim 1 above, further in view of USP 20020185005 to Deng and USP
`
`2256421 to Borchardt.
`
`Per claim 12, Matsumoto does not appearto incorporate air to generate bubbles.
`
`USP 20020185005 to Deng teaches continuous removal of water vapor and
`
`carbon dioxide from air as a pre-purification step of feed to a conventional cryogenic air
`
`separation unit ASU. USP 2256421 to Borchardt discloses one such conventional ASU
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`process in which oxygen and nitrogen are separated end products.
`
`It would have been obvious to have supplied the carbon dioxide gas required by
`
`Matsumoto by any known means of generating carbon dioxide gas, e.g., by the Deng
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`method, and similarly, supplying the nitrogen by any known method of supplying
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`nitrogen gas, e.g., by the Borchardt.
`
`Objection is made to Claims 3, 7, 11, 22, and 26 for dependence on a rejected
`
`base claim, but would be allowable if presented in independent form.
`
`Per claim 3, Matsumoto does not describe “separation means 10 (end portion 4a
`
`and adsorption plates 11)” (see this application’s specification at [0024] or page 9 lines
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`15 - 20).
`
`Per claims 7 and 22, Matsumoto does not teach a gas mixture of 70% ammonia.
`
`Per claims 11 and 26, Matsumoto does not appear to describe adding carbon
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`dioxide to the water except by means of the bubble generator.
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`

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`Application/Control Number: 16/488,592
`Art Unit: 1779
`
`Page 5
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`Co-pending 16982619 havingafiling date of 2/6/2019 apparently commonly
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`owned wasreviewed.
`
`Co-pending 16970370 havingafiling date of 10/19/2018 apparently commonly
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`owned was reviewed.
`
`/CHESTER T BARRY/
`Primary Examiner, Art Unit 1779
`571-272-1152
`
`