Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1-13 are pending. Claims 8-13 are withdrawn.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) "in response to calculating said concentration of free chlorine, said controller is configured to calculate the amount of said chlorine source and the amount of said ammonia source required to generate monochloramine at a target monochloramine concentration in said water supply system, wherein the amount of said chlorine source and the amount of said ammonia source are determined as a function of the flow rate of said main water stream and the target monochloramine concentration, and wherein the amount of said chlorine source is reduced as a function of the amount of free chlorine present, and to instruct said chlorine pump and said ammonia pump to feed said amount of said chlorine source and said amount of said ammonia source into said water supply system in response to reduction of the amount of said chlorine source” (claim 1); “wherein said controller is programed to analyze said first substream data set, said second substream data set, and said total water flow rate to determine the amount of monochloramine in said main stream prior to diversion at said entrance point; wherein said controller is programed to compare the amount of monochloramine in said main stream prior to diversion at said entrance point to said target concentration of monochloramine” (claim 5).
This judicial exception is not integrated into a practical application because the combination of additional elements are routine and conventional in the art of water disinfection system. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because when considered separately and in combination they do not add significantly more to the exception.
Regarding claim 1, instructions are sent to the pumps based on the calculation but this action does not amount to integration into a practical application. These instructions are considered generally linking the abstract idea to the filed of endeavor. See MPEP 2106.05(h).
Regarding claim 5, the controller controls the amount of chlorine source and ammonia source fed into the system in response to the comparison. This is stated with a high degree of generality and does not amount to a particular practical application. This is merely linking the abstract idea to the field of endeavor or providing insignificant post solution activity. See MPEP 2106.05(g),(h).
In claim 1 the additional elements: “a main water stream having a flow meter”; “a side water stream having a plurality of sensors”, “an ammonia pump”, “a chlorine pump”, “a controller, wherein said controller is connected to said flow meter, said plurality of sensors, said ammonia pump, and said chlorine pump” are directed towards routine and conventional pieces of water disinfection systems which does not amount to significantly more. See the prior art rejection above. The claims are generally linking the use of the judicial exception to a particular technological environment or field of use. See MPEP 2106.05(h). In regard to claim 1, the sensors configured to measure are data gathering and insignificant extra solution activity that does not amount to significantly more.
In claim 5 the additional elements: “a main stream having a main stream flow meter”, “a side stream having a first substream and a second substream”, “a controller”, “said side stream diverges from said main stream at an entrance point and returns to said main stream at a return point with said return point being upstream from said entrance point”, “said side stream separates into said first substream and second substream at a first tee”, “a thermal flow switch, an oxidation-reduction potential sensor, a free chlorine sensor, a pressure transmitter, a side stream flow meter; wherein said second substream further includes a chlorine pump for feeding a chlorine source into said second substream, an ammonia pump for feeding an ammonia source into said second substream, and a mixer for mixing said chlorine source and said ammonia source with said second substream”, “the amount of said chlorine source is reduced as a function of an amount of free chlorine present determined with said free chlorine sensor” are directed towards routine and conventional pieces of water disinfection systems which does not amount to significantly more. See the prior art rejection above. The claims are generally linking the use of the judicial exception to a particular technological environment or field of use. See MPEP 2106.05(h). In regard to claim 5, the sensors configured to measure are data gathering and insignificant extra solution activity that does not amount to significantly more.
The instant specification is directed towards better control of Legionella; however, Legionalla control is not claimed. Further, nothing is claimed regarding desired levels or reduction in chemicals.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2010/0206815 by Garusi et al. (Garusi) in view of U.S. Patent Publication No. 2011/0120956 by Ivanter et al. (Ivanter).
It is noted that claims 1-7 are directed to a “system”, which does not clearly set forth the statutory category to which the invention belongs to. It has been determined that the claims are directed to an apparatus and the appropriate principles for interpreting claims for that particular category of invention have been applied.
A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).
Regarding limitations recited in the claims which are directed to a manner of operating disclosed water disinfection system, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). This applies to the following limitations: claim 1: “generating monochloramine at a distal end of a water supply system”, “is configured to measure the flow rate of said main water stream”, “are configured to measure a plurality of data points of said side water stream”, “is configured to feed an ammonia source into said water supply system”, “is configured to feed a chlorine source into said water supply system”, “analyze said plurality of data points and said flow rate to calculate an amount of free chlorine present at said distal end of said water supply system”, “calculate the amount of said chlorine source and the amount of said ammonia source required to generate monochloramine at a target monochloramine concentration in said water supply system, wherein the amount of said chlorine source and the amount of said ammonia source are determined as a function of the flow rate of said main water stream and the target monochloramine concentration, and wherein the amount of said chlorine source is reduced as a function of the amount of free chlorine present, and to instruct said chlorine pump and said ammonia pump to feed said amount of said chlorine source and said amount of said ammonia source into said water supply system in response to reduction of the amount of said chlorine source”; in claim 3 “controls a temperature of said side stream”, “controls a pressure of said side stream”; claim 4 “allow a sample to be received from said water disinfection system”; in claim 5 “generating a target concentration of monochloramine at a distal end of a water supply system”, “configured to measure the total water flow rate”, “configured to feed a chlorine source into said second substream”, “configured to feed an ammonia source into said second substream”, “configured to mix said chlorine source and said ammonia source with said second substream”; in claim 6 “allow a sample to be received from said water disinfection system”.
In regard to claim 1, Garusi teaches a water disinfection system (abstract; Figure 1; [0055]-[0071]); capable of generating monochloramine at a distal end of a water supply system. Garusi teaches a main water stream having a flow meter (Figure 1, main hot water circuit 2; [0054]-[0055], pumping means – the main water stream is circuit 2 and the flow meter is pumping means 4 which is located in the main water stream; a pump is capable of measuring the flow rate in said main water stream and therefore reads on flow meter); capable of measuring the flow rate of said main water stream. Garusi teaches dosing the reagents in order to maintain the correct ratio ([0054]); reading on measuring flow rate. Garusi teaches a side water stream having a plurality of sensors (Figure 1, monochloramine measuring system 10; [0059]; [0061]; [0066]); capable of measuring a plurality of data points of said side water stream.
Garusi teaches adding chlorine or hypochlorite and ammonia or ammonia salts to water (claim 3). Garusi does not teach the chlorine and ammonia are feed through pumps.
Ivanter teaches a water disinfection system (abstract). Ivanter teaches using chloramine for disinfection ([0041]-[0044]). Ivanter teaches that chlorine is a biocide ([0002]; [0004]). Ivanter teaches addition of a chlorine source through a pump or a chlorine supply system ([0006]; [0041]; [0056]; [0061]). Ivanter teaches sensors, metering valves, and pumps are connected to the controller ([0066]-[0072]). Ivanter teaches pumps and chemical sources associated with probes (Figure 5-6; [0056]; [0059]). Ivanter teaches the controller is configured to regulate a rate of introduction of biocide into the water ([0035]). Ivanter teaches metering valves associated with the biocide source and the controller ([0070]). Ivanter teaches regulating rate of addition or dosing of agent based on acceptable limits ([0061]). Ivanter teaches regulating flow rate ([0061]). It would be obvious to one of ordinary skill in the art at the time the invention was effectively filed to utilize pumps, as taught by Ivanter, in the system of Garusi in order to effectively move the chemicals throughout the system; pumps are known devices used for metering and moving chlorine and ammonia. One of ordinary skill in the art would be motivated to use pumps, as taught by Ivanter, for both ammonia and chlorine as Ivanter teaches utilizing pumps for chemical sources.
Further, Ivanter teaches a flow meter in a main water stream ([0066]-[0072]). Additionally, Ivanter teaches combination of flow meters and pumps ([0070]). Ivanter teaches pumps and flow meters are connected to a control system to provide system data ([0070]). It would be obvious to one of ordinary skill in the art at the time the invention was effectively filed to incorporate a flow meter with a pump, as taught by Ivanter, in the system of Garusi as it is known in the art to utilize flow meters in conjunction with pumps in order to measure system parameters and effectively control the system.
Further, Ivanter teaches the water stream of said second substream flows to a drain after being measured by said total chlorine sensor ([0031]; [0037]; [0041]-[0042]; [0086]). Garusi teaches said ammonia source being connected to the water stream downstream for said free chlorine sensor ([0059]-[0071]).
Ivanter teaches a total chlorine sensor ([0031]; [0037]; [0041]-[0042]; [0086]); capable of measuring a total chlorine amount before and after addition of monochloramine.
Garusi teaches a controller connected to said flow meter, plurality of sensors, said ammonia, and chlorine sources ([0054]-[0055]; [0059]-[0071]). Garusi teaches controller is configured to analyze said plurality of data points and said flow rate to calculate an amount of free chlorine present at said distal end of said water supply system ([0061]; [0066]-[0071]). Garusi teaches the controller is capable of controlling the flow rate of the chlorine source and the flow rate of the ammonium source separately based on the measurements taken in the substreams ([0059]-[0071]); the controller is capable of maintaining a stoichiometric molar ratio of chlorine to ammonium of about 1:1 to optimize the levels of monochloramie and minimize the generation of dichloramine and trichloramine. Garusi teaches controlling separate sections of the system ([0059]-[0071]); the controller is capable of calculating said amount of free chlorine, said controller calculates the amount of said chlorine source and the amount of said ammonia source required to generate monochloramine in said water supply system and instructs said chlorine pump and said ammonia pump to feed said amount of said chlorine source and said amount of said ammonia source into said water supply system ([0059]-[0071]).
Ivanter teaches the controller is capable of determining the amount of said chlorine source and the amount of said ammonia source as a function of the flow rate of said main water stream and the target monochloramine concentration ([0061]; [0070); the controller of Ivanter is capable of the amount of said chlorine source is reduced as a function of the amount of free chlorine present. Additionally, Garusi teaches the controller is capable of determining the amount of said chlorine source and the amount of said ammonia source as a function of the flow rate of said main water stream and the target monochloramine concentration ([0059]-[0071]); the controller of Garusi is capable of the amount of said chlorine source is reduced as a function of the amount of free chlorine present.
In regard to claim 2, Garusi teaches said plurality of sensors include an oxidation reduction potential sensor ([0066]), a free chlorine sensor ([0066]). Ivanter teaches a total chlorine sensor ([0031]; [0037]; [0041]-[0042]; [0086])
In regard to claim 3, Garusi teaches said side stream further includes a temperature transmitter ([0066]); capable of controlling a temperature of said side stream. Garusi teaches a pressure transmitter ([0059]-[0071]); capable of controlling a pressure of said side stream. The system of Garusi is capable of controlling pressure since it is related to flow rate. Garusi teaches controlling separate sections of the system ([0059]-[0071]).
In regard to claim 4, Ivanter teaches a sample valve ([0070]); capable of allowing a sample to be received from said water disinfection system.
In regard to claim 5, Garusi teaches a water disinfection system (abstract; Figure 1; [0055]-[0071]); capable of generating a target concentration of monochloramine at a distal end of a water supply system.
Garusi teahces a main stream having a main stream flow meter (Figure 1, main hot water circuit 2, pumping means; [0054]-[0055]; pumping means – the main water stream is circuit 2 and the flow meter is pumping means 4 which is located in the main water stream; a pump is capable of measuring the flow rate in said main water stream and therefore reads on flow meter); configured to measure a total water flow rate. Garusi teaches dosing the reagents in order to maintain the correct ratio ([0054]); reading on measuring flow rate.
Garusi teaches a side stream having a first substream Figure 1, monochloramine measuring system 10; [0059].
Garusi does not explicitly teach the side stream is further subdivided into a second substream. Garusi does not teach said side stream diverges from said main stream at an entrance point and returns to said main stream at a return point with said return point being upstream from said entrance point or that said side stream separates into said first substream and second substream at a first tee.
Ivanter teaches a water disinfection system (abstract). Ivanter teaches using chloramine for disinfection ([0041]-[0044]). Ivanter teaches that chlorine is a biocide ([0002]; [0004]). Ivanter teaches sensors, metering valves, and pumps are connected to the controller ([0066]-[0072]). Ivanter teaches pumps and chemical sources associated with probes (Figure 5-6; [0056]; [0059]). Ivanter teaches a total chlorine sensor ([0031]; [0037]; [0041]-[0042]; [0086]); capable of measuring a total chlorine amount before and after addition of monochloramine. The total chlorine sensor of Ivanter is sensitive to pressure and temperature as it operates in a controlled environment ([0096]). Further, the terms “sensitive to pressure and temperature” are relative. Ivanter teaches the controller is configured to regulate a rate of introduction of biocide into the water ([0035]). Ivanter teaches metering valves associated with the biocide source and the controller ([0070]). Ivanter teaches regulating rate of addition or dosing of agent based on acceptable limits ([0061]).
Garusi teaches a monochloramine measuring system is located on a substream ([0055]-[0071]). Garusi teaches a temperature transmitter capable of controlling the heat within a stream ([0066]). Garusi does not explicitly teach the temperature transmitter is installed in the second substream. Ivanter teaches side streams with sensors, including free and total chlorine sensors (Figure 6; [0060]); reading on first and second substreams.
It would be obvious to one of ordinary skill in the art at the time the invention was effectively filed to incorporate the second substream, as taught by Ivanter, into the system of Garusi in order to incorporate multiple sensors in order to more effectively measure system parameters. It would be obvious to one of ordinary skill in the art at the time the invention was effectively filed to incorporate a total chlorine sensor, capable of measuring a total chlorine amount and sensitive to pressure and temperature, as taught by Ivanter, in the system of Garusi in order to more effectively measure the species of chlorine present in the water stream to be disinfected for more efficient removal of contaminants. It would be obvious to one of ordinary skill in the art at the time the invention was effectively filed to incorporate a valve on the second substream, capable of controlling the flow rate, as taught by Ivanter in order to control the introduction of various components into the system and achieve acceptable limits. It would be obvious to one of ordinary skill in the art at the time the invention was effectively filed to incorporate a temperature transmitter of Garusi on the second substream in order to effectively control conditions of desired streams.
Garusi teaches a controller ([0054]-[0055]; [0059]-[0071]); programmed to receive said target concentration of monochloramine. Garuis teaches said plurality of sensors include an oxidation reduction potential sensor ([0066]), a free chlorine sensor ([0066]). Ivanter teaches a total chlorine sensor ([0031]; [0037]; [0041]-[0042]; [0086]). Garusi teaches the controller is capable of controlling temperatures ([0066]); it would be obvious to one of rodianry skill in the art at the time the invention was effectively filed to incorporate a thermal flow switch in the system of modified Garusi in order to effectively control the temperature of the system.
Garusi teaches adding chlorine ([0043]; [0047]). Garusi teaches a free chlorine sensor ([0066]). Garusi teaches the free chlorine sensor is connected to a control system ([0059]-[0071]; while Garusi does not explicitly teach the chlorine delivery system is downstream from the free chlorine sensor it would be obvious to position the chlorine delivery system and free chlorine sensor in a desired configuration to appropriate control the delivery of the chlorine. Garusi teaches a first side measuring device associated with chlorine delivery system which is capable of measuring a flow rate of chlorine source passing through ([0059]-[0071]). The free chlorine sensor is capable of measuring the chlorine concentrations of water before and after addition of monochloramine.
Garusi teaches adding ammonia ([0047]). Garusi teaches a second side flow measuring device associated with ammonia delivery system ([0059]-[0071]). Garusi teaches the second side measuring device is capable of measuring a flow rate of ammonium source passing there through ([0059]-[0071]).
Garusi does not explicitly teach the chlorine is delivered through a chlorine pump. Garusi does not explicitly teach an ammonia pump.
Ivanter teaches a water disinfection system (abstract). Ivanter teaches using chloramine for disinfection ([0041]-[0044]). Ivanter teaches that chlorine is a biocide ([0002]; [0004]). Ivanter teaches addition of a chlorine source through a pump or a chlorine supply system ([0006]; [0041]; [0056]; [0061]). Ivanter teaches sensors, metering valves, and pumps are connected to the controller ([0066]-[0072]). Ivanter teaches pumps and chemical sources associated with probes (Figure 5-6; [0056]; [0059]). Ivanter teaches the controller is configured to regulate a rate of introduction of biocide into the water ([0035]). Ivanter teaches metering valves associated with the biocide source and the controller ([0070]). Ivanter teaches regulating rate of addition or dosing of agent based on acceptable limits ([0061]). Ivanter teaches regulating flow rate ([0061]). It would be obvious to one of ordinary skill in the art at the time the invention was effectively filed to utilize pumps, as taught by Ivanter, in the system of Garusi in order to effectively move the chemicals throughout the system; pumps are known devices used for metering and moving chlorine and ammonia.
Garusi teaches a mixer ([0055]-[0071]); capable of mixing said chlorine and ammonia from said chlorine and ammonia pumps to form monochloramine. Garusi teaches said mixer connected to said main water stream ([0055]-[0071]); capable of permitting the addition of monochloramine to the main water stream at a point upstream from said side stream, thereby permitting said chlorine sensors in said substream to measure the concentrations of chlorine of pretreated water in said main water stream at concentration levels received at said facility when said chlorine and ammonia pumps are turned off; and measure the resulting concentrations of chlorine after said pretreated water and water from said mixer have been combined when said pumps are turned on.
Garusi teaches a controller electrically associated with the main flow measuring device, the chlorine pump, the first side flow measuring device, the ammonia pump, and the second side flow measuring device ([0059]-[0071]). The valve and temperature transmitter of modified Garusi will be associated with the controller.
Garusi teaches the controller is capable of controlling the flow rate of the chlorine source and the flow rate of the ammonium source separately based on the measurements taken in the substreams ([0059]-[0071]); the controller is capable of maintaining a stoichiometric molar ratio of chlorine to ammonium of about 1:1 to optimize the levels of monochloramie and minimize the generation of dichloramine and trichloramine. Garusi teaches the controller is capable of controlling temperatures ([0066]). The system of Garusi is capable of controlling pressure since it is related to flow rate. Garusi teaches controlling separate sections of the system ([0059]-[0071]). It would be obvious to one of ordinary skill in the art at the time of the invention to control temperature and pressure of various streams in order to control system conditions. The controller of modified Garusi is capable of reducing the amount of said chlorine source as a function of an amount of free chlorine present.
Ivanter teaches the water stream of said second substream flows to a drain after being measured by said total chlorine sensor ([0031]; [0037]; [0041]-[0042]; [0086]). Garusi teaches said ammonia source being connected to the water stream downstream for said free chlorine sensor ([0059]-[0071]).
While Garusi does not explicitly teach a mixer connected to the water stream downstream from said free chlorine sensor it would have been obvious to one having ordinary skill in the art at the time the invention was made to position the mixer and free chlorine sensors in a desired relationship to one another, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70 and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, In re Einstein, 8 USPQ 167. Positioning the free chlorine sensor, total chlorine sensor, mixer, water streams, and substreams in a desired relationship to one another would be obvious to one of ordinary skill in the art since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device.
In regard to claim 6, Ivanter teaches a sample valve ([0070]); capable of allowing a sample to be received from said water disinfection system.
In regard to claim 7, Ivanter does not explicitly teach said sample valve is located in said side stream between said mixer and said return point; one of ordinary skill in the art would be capable of choosing a desired location for the sampling valve depending on the stream and the properties that one desires to test.
Response to Arguments
Applicant's arguments filed 1/12/2026 have been fully considered but they are not persuasive.
The objection to the drawings has been removed in light of the amendments to the specification dated 1/12/2026.
The 112 rejections have been removed in light of the amendments to the claims dated 1/12/2026.
In regard to the Applicant’s argument regarding the 101 rejection; the Examiner did not provide what grouping of subject matter the abstract idea belongs; claims 1 and 5 integrate the exception into a practical application because they recite improvements to water treatment system technologies and recite transformation of precursor chemical to monochloramine – they recite an improved water disinfection system which as an industrial system is probably the most practical application of any judicial exception that may be found in the claims (far more effective, usually travels a very long distance, most of monochloramine is depleted, safety concerns, avoids need for a manager); there is an improvement to the technical field and a transformation; claims 1 and 5 recite improvements to water treatment system technologies because they recite the effective transformation of precursor chemicals to monochloramine in the water system; the specification notes that the method is more effective than chlorine treatment; water does not need to travel a long distance and the monochlorine is often depleted, a secondary treatment system raises safety concerns, avoids need for a manager, the Examiner does not find this persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., secondary treatment system; lack of a manager) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In regard to the Applicant’s argument regarding the 103 rejection; the prior art does not teach a flow meter is configured to measure the flow rate of said main water system; the controller is configured to calculate the amount of the chlorine source and the amount of the ammonia source as a function of that flow rate; Garusi pumping means 4 does not perform any measurement of the flow rate; Garusi does not teach a flow meter “configured to measure the flow rate of said main water stream”; neither reference teaches “the amount of said chlorine source and the amount of said ammonia source are determined as a function of the flow rate of said main water stream”; the Examiner does not find this persuasive.
As noted above: It is noted that claims 1-7 are directed to a “system”, which does not clearly set forth the statutory category to which the invention belongs to. It has been determined that the claims are directed to an apparatus and the appropriate principles for interpreting claims for that particular category of invention have been applied.
A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).
Regarding limitations recited in the claims which are directed to a manner of operating disclosed water disinfection system, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). This applies to the following limitations: claim 1: “generating monochloramine at a distal end of a water supply system”, “is configured to measure the flow rate of said main water stream”, “are configured to measure a plurality of data points of said side water stream”, “is configured to feed an ammonia source into said water supply system”, “is configured to feed a chlorine source into said water supply system”, “analyze said plurality of data points and said flow rate to calculate an amount of free chlorine present at said distal end of said water supply system”, “calculate the amount of said chlorine source and the amount of said ammonia source required to generate monochloramine at a target monochloramine concentration in said water supply system, wherein the amount of said chlorine source and the amount of said ammonia source are determined as a function of the flow rate of said main water stream and the target monochloramine concentration, and wherein the amount of said chlorine source is reduced as a function of the amount of free chlorine present, and to instruct said chlorine pump and said ammonia pump to feed said amount of said chlorine source and said amount of said ammonia source into said water supply system in response to reduction of the amount of said chlorine source”; in claim 3 “controls a temperature of said side stream”, “controls a pressure of said side stream”; claim 4 “allow a sample to be received from said water disinfection system”; in claim 5 “generating a target concentration of monochloramine at a distal end of a water supply system”, “configured to measure the total water flow rate”, “configured to feed a chlorine source into said second substream”, “configured to feed an ammonia source into said second substream”, “configured to mix said chlorine source and said ammonia source with said second substream”; in claim 6 “allow a sample to be received from said water disinfection system”.
Garusi teaches a main water stream having a flow meter (Figure 1, main hot water circuit 2; [0054]-[0055], pumping means – the main water stream is circuit 2 and the flow meter is pumping means 4 which is located in the main water stream; a pump is capable of measuring the flow rate in said main water stream and therefore reads on flow meter); capable of measuring the flow rate of said main water stream. Garusi teaches dosing the reagents in order to maintain the correct ratio ([0054]); reading on measuring flow rate.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KARA M PEO/Primary Examiner, Art Unit 1777