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 .
Election/Restrictions
Applicant's election with traverse of claims 1-10 in the reply filed on 1/21/2026 is acknowledged. The traversal is on the ground(s) that there is a common technical feature, the overlapping subject matter, and minimal burden. This is not found persuasive because the restriction is based on whether the groups have a special technical feature as defined in PCT rules 13.1 and 13.2. As the restriction notes, no special technical feature exists and restriction is proper. Arguments directed to US restriction practice (overlapping subject matter, how inventions are related, and burden) are not relevant.
The requirement is still deemed proper and is therefore made FINAL.
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 10 is 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 10 recites “two or more reactor tanks” in the first limitation but also recites “two or more reactor tanks” in the second limitation. It is unclear if the two references are directed to the same or different elements. For the purposes of examination, it will be assumed the two “two or more reactor tanks” references are directed to the same elements.
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) 1-4 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ballard et al. (US 2016/0145126 in IDS).
Regarding claim 1, Ballard teaches an apparatus comprising two or more reactor tanks that are fluidly connected to a clarification tank, wherein the two or more reactor tanks are capable of receiving an influent and inducing flocculation, and outputting an effluent to the clarification tank, and the clarification tank has a means to remove the settled sludge from the system (Figs. 1-2 and 3C-3E, [0051]-[0065], and [0069]-[0073]).
"[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) (The preamble of claim 1 recited that the apparatus was "for mixing flowing developer material" and the body of the claim recited "means for mixing ..., said mixing means being stationary and completely submerged in the developer material." The claim was rejected over a reference which taught all the structural limitations of the claim for the intended use of mixing flowing developer. However, the mixer was only partially submerged in the developer material. The Board held that the amount of submersion is immaterial to the structure of the mixer and thus the claim was properly rejected.). As such, Ballard teaches all claimed structure and the exact effects of operating the same apparatus would be considered intended use.
Regarding claim 2, Ballard teaches a coagulant tank (120 211) as claimed.
Regarding claim 3, Ballard teaches a means for inducing turbulence (121 131 141 212 214 217) in the reactor tanks (Figs. 1-2).
Regarding claim 4, Ballard teaches a floor scraper (341) in the clarification tank (Figs. 3D and 3E).
Regarding claim 6, it is noted that while Ballard does not explicitly state sloping lamella are used, Figs. 1 and 3C clearly show sloping lamella consistent with industry depictions/standards as part of the system even if not explicitly labeled as such.
Regarding claim 7, it is submitted that the means for the effluent to go from the reactor tanks to the clarification tank would be considered a transition chute consistent with Applicant’s specification.
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) 5 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ballard et al. (US 2016/0145126 in IDS).
Regarding claim 5, Ballard teaches a recycling of at least some of the sludge in the embodiments shown in Figs. 1-2 and a scraper as shown in the embodiments of Figs 3C and 3E. However, the no embodiments teaches the combination of the recycling means as claimed and the scraper. It is Examiner’s position that including a scraper in the embodiments of Figs. 1-2 as a scraper would allow for scraping and conveyance of the flocs when settled (see [0070]-[0072]). Or it would have been obvious to provide the recycle system in the embodiments of Figs 3C and 3E in order to allow for reuse of various chemicals and media present in the sludge that improve settling (see [0038]).
Regarding claim 8, see claim 1 for the structural limitations. Ballard fails to teach the respective sizing, maximum flow rate to capability, and flow rates as claimed. It is noted that the limitations would appear to be met if the two or more reactor tanks are smaller than the clarification tanks, something that is shown in the figures of Ballard. However, as the relationship between capability of the respective tanks and maximum flow rates are not explicitly stated, it is Examiner’s position that one skilled in the art would have found that the sizing or proportion the tanks as shown in Ballard would read on the claim limitations directed to capable/flow rate, or it would have been obvious to modify the sizing within a range to achieve the desired result as it is merely an obvious change of size/proportion when optimizing the apparatus (In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) ("mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled." 531 F.2d at 1053, 189 USPQ at 148.). In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device).
Regarding claim 9, see claim 1 above for how the reactor tanks and clarification tank meet the intended use limitations.
Regarding claim 10, see claims 1, 4-6, and 8-9 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER KEYWORTH whose telephone number is (571)270-3479. The examiner can normally be reached 9-5 MT (11-7 ET).
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/PETER KEYWORTH/Primary Examiner, Art Unit 1777