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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 4, 2026 has been entered.
Response to Amendment
The Amendment filed May 4, 2026 has been entered. Claims 1-3, 5, 7-19 and 21 remain pending in the application.
Response to Arguments
Applicant’s arguments have been fully considered and are partially persuasive. Applicant argues that amended claims 1 and 17 now provide an objective and measurable reference for determining when the generated torque augments rotation by expressly requiring a lower specific energy consumption when the energy recovery arrangement is utilized.
The argument is persuasive with respect to the previously identified indefiniteness concerning the “pressurized jets” and torque “to augment a rotation”. The added SEC comparison provides the objective benchmark that was previously absent from the claims. Accordingly, the prior rejection under 35 U.S.C. 112(b) on that basis is withdrawn.
However, amended claim 17 newly recites “the energy recovery unit” without previously introducing or providing antecedent basis for that element. Accordingly, claim 17 remains indefinite under 35 U.S.C. 112(b) on this separate basis, and claims 18 and 19 are rejected due to their dependency upon claim 17.
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 17-19 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.
Regarding claim 17, the claim recites that “a specific energy consumption of the reverse osmosis apparatus is lower than a specific energy consumption of the reverse osmosis apparatus without the energy recovery unit”. However, claim 17 does not previously introduce or otherwise provide antecedent basis for “the energy recovery unit”. Although claim 17 recites a plurality of stationary vanes, a hub, and retentate discharge nozzles, these components are not identified in the claim as comprising an energy recovery unit. Therefore, it is unclear what structure is encompassed by “the energy recovery unit” for purposes of the recited comparison. Claims 18 and 19 are rejected due to their dependency upon claim 17.
Allowable Subject Matter
Claims 1-3, 5, 7-16 and 21 are allowable over the prior art of record.
The prior art of record fails to teach or suggest, in combination with the remaining limitations of claim 1, an energy recovery unit comprising stationary vanes extending radially outward from a stationary hub fixed relative to the housing, together with retentate discharge nozzles disposed at the base of the rotatable cylindrical drum and directed toward the stationary vanes such that impingement of pressurized retentate jets generates torque at the base of the cylindrical drum to augment rotation of the cylindrical drum, whereby use of the energy recovery unit results in a lower specific energy consumption than operation without the energy recovery unit. Although prior art includes centrifugal reverse-osmosis systems and various forms of energy recovery, the references do not teach or reasonably suggest the particular claimed arrangement. For example, Sanchez teaches recovery of kinetic energy from the permeate/product through a crown of blades that contributes to rotor rotation, rather than recovery from retentate discharged through drum-mounted nozzles against stationary vanes. Oklejas teaches a rotating process chamber and energy recovery in a reverse-osmosis context, but does not disclose the claimed retentate-nozzle/stationary-vane arrangement. The remaining references likewise do not cure these deficiencies. Claims 2-3, 5, 7-16 and 21 are allowable by virtue of their dependency from allowable claim 1 and the additional limitations recited therein.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM ADDISON GEISBERT whose telephone number is (703)756-5497. The examiner can normally be reached Mon-Fri 7:30-5:00 EDT.
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/W.A.G./Examiner, Art Unit 1779
/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779
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