DETAILED ACTION
This detailed action is in response to the restriction election filed on October 9, 2025, and any subsequent filings.
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 without traverse of Group I, Claims 1-13 in the reply filed on October 9, 2025 is acknowledged.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 8, “an” appearing before a word starting with a consonant renders the claim grammatically incorrect. 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.
Claims 7-9, and 13 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.
In Claims 7 and 8, the meaning of discharging water “to make empty state” is unclear and the specification provides no clarification as it just repeats the claim language (Spec., Paragraphs 9, 10, 47 (“Pr”)).
Claim 9 recites certain measurements used as an index yet nothing in the claim indicates the index is related to the claimed method for operating a separation membrane module of any of the steps comprising that method.
Claim 9 recites the clogged portion of the membrane module is identified by combining three resistances yet does not recite acts that perform this function to achieve the result of identifying the clogged portion. For purposes of examination, the limitation will be interpreted as requiring three resistances.
Claim 13 recites calculating resistance values based on flux and water temperature yet neither the claim nor the specification provide any means as to how to use these characteristics to calculate resistance values. For purposes of examination, the limitations will be interpreted as requiring a flux and temperature.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hagawa, et al., International Publication No. WO 2018/026020A1 in view of Behrendt, et al., U.S. Publication No. 2002/0179516 (“Behrendt”). For purposes of examination, U.S. Publication No. 2019/0184343 (“Hagawa”), the U.S. equivalent of the International Publication and claiming priority to the same PCT will be cited to for claim mapping purposes.
Applicant’s claims are directed towards a method.
Regarding Claims 1-13, Hagawa discloses a method for operating a separation membrane module to identify a clogged portion of the separation membrane module (Abstract) based on a resistance of a lower portion of the separation membrane module (Abstract), a filtration resistance of a separation membrane portion (Abstract), and a resistance of an upper portion of the separation membrane module (Abstract), in a water production system for obtaining treated water by filtering water-to-be-treated with the separation membrane module, wherein the separation membrane module comprises a case in which a separation membrane is inserted (Fig. 1, item 3, Pr51), and the separation membrane module has: an water-to-be-treated supply part supplying the water-to-be-treated in a lower portion on a primary side (Fig. 1 (note supply including pump 1), Pr51); a treated water discharge part discharging the treated water in an upper portion on a secondary side (Fig. 1 (note upper portion of membrane case), Pr51); and a backwashing wastewater discharge part discharging backwashing wastewater communicating with an outer side of the separation membrane in an upper portion of a side surface of the case on the primary side (Fig. 1, (note line including valve 4), Pr51), and the water production system comprises a supply pressure sensor measuring a pressure (P1) of the water-to-be-treated supply part (Fig. 1, item 16, Pr51), a secondary side pressure sensor measuring a pressure (P2) of the treated water discharge part (Fig, 1, item 18, Pr51), and a primary side outlet pressure sensor measuring a pressure (P3) of the backwashing wastewater discharge part (Fig. 1, item 17, Pr51), the method comprising: calculating a pressure difference (ΔP1) between the P1 and the P3 in a filtration process of filtering the water-to-be-treated from the primary side to the secondary side of the separation membrane module as a first resistance R1 (Pr11,40), a pressure difference (ΔP2) between the P3 and the P2 in the filtration process as a second resistance R2 (Pr11,40), and a pressure difference (ΔP3) between the P1 and the P3 in a backwashing process of pressure-feeding from the secondary side to the primary side of the separation membrane module as a third resistance R3 (Pr11,40), and identifying the clogged portion of the separation membrane module based on amounts of change or rates of change from respective initial values of the first resistance R1, the second resistance R2, and the third resistance R3 that are obtained by the calculation (Pr12,14,40).
Hagawa does not disclose the separation membrane module comprises a cylindrical case.
Behrendt also relates to a method for operating a separation membrane module and discloses the separation membrane module comprises a cylindrical case (Pr59).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the method disclosed by Hagawa with the cylindrical casing shape disclosed by Behrendt because, according to Behrendt, the shape is cost-effective and simple (Pr59) while allowing the hollow fiber membrane to be shaped into the desired arrangement and density (Pr59).
Additional Disclosures: Claim 2: wherein the P3 in the filtration process and the P1 in the backwashing process are static pressures (Fig. 11 (note closing of valves during these processes results in static fluid and pressure)). Claim 3: wherein amounts of change from the respective initial values of the first resistance R1, the second resistance R2, and the third resistance R3 are compared, and when the amount of change from the initial value of the first resistance R1 is larger than the amount of change from the initial value of the second resistance R2 and the amount of change from the initial value of the third resistance R3, or when the amount of change from the initial value of the first resistance R1 is larger than a set value (Pr13-18), at least one of the following controls (A) to (C) is performed: (A) a control of performing air washing while raising and lowering a liquid surface on the primary side in the separation membrane module (Pr20); (B) a control of lengthening a process time of a water discharge process (Pr20); and (C) a control of pressurizing the primary side of the separation membrane module with air and performing pressurized water discharge for discharging water at the time of the water discharge process (Pr20). Claim 4: wherein rates of change from the respective initial values of the first resistance R1, the second resistance R2, and the third resistance R3 are compared, and when the rate of change from the initial value of the first resistance R1 is larger than the rate of change from the initial value of the second resistance R2 and the rate of change from the initial value of the third resistance R3, or when the rate of change from the initial value of the first resistance R1 is larger than a set value (Pr13-18), at least one of the following controls (A) to (C) is performed: (A) a control of performing air washing while raising and lowering a liquid surface on the primary side in the separation membrane module (Pr20); (B) a control of lengthening a process time of a water discharge process (Pr20); and (C) a control of pressurizing the primary side of the separation membrane module with air and performing pressurized water discharge for discharging water at the time of the water discharge process (Pr20). Claim 5: wherein amounts of change from the respective initial values of the first resistance R1, the second resistance R2, and the third resistance R3 are compared, and when the amount of change from the initial value of the second resistance R2 is larger than the amount of change from the initial value of the first resistance R1 and the amount of change from the initial value of the third resistance R3, or when the amount of change from the initial value of the second resistance R2 is larger than a set value (Pr21-27), at least one of the following controls (F) to (H) is performed: (F) a control of performing washing of the separation membrane module by supplying a chemical liquid to the separation membrane module (Pr29); (G) a control of changing at least one of a backwashing time and an air washing time (Pr29); and (H) a control of changing at least one of a backwashing flow rate in the backwashing process and an air amount in an air washing process (Pr29). Claim 6: wherein rates of change from the respective initial values of the first resistance R1, the second resistance R2, and the third resistance R3 are compared, and when the rate of change from the initial value of the second resistance R2 is larger than the rate of change from the initial value of the first resistance R1 and the rate of change from the initial value of the third resistance R3, or when the rate of change from the initial value of the second resistance R2 is larger than a set value (Pr21-27), at least one of the following controls (F) to (H) is performed: (F) a control of performing washing of the separation membrane module by supplying a chemical liquid to the separation membrane module (Pr29); (G) a control of changing at least one of a backwashing time and an air washing time (Pr29); and (H) a control of changing at least one of a backwashing flow rate in the backwashing process and an air amount in an air washing process (Pr29). Claim 7: wherein amounts of change from the respective initial values of the first resistance R1, the second resistance R2, and the third resistance R3 are compared, and when the amount of change from the initial value of the third resistance R3 is larger than the amount of change from the initial value of the first resistance R1 and the amount of change from the initial value of the second resistance R2, or when the amount of change from the initial value of the third resistance R3 is larger than a set value (Pr40-43), at least one of the following controls (D) to (E) is performed: (D) a control of supplying water-to-be-treated in a reverse direction from a nozzle for discharging washing wastewater of the separation membrane module (Pr40); and (E) a control of performing backwashing, after water on the primary side of the separation membrane module is discharged to make empty state (Pr40; see also 112(b) analysis supra). Claim 8: wherein rates of change from the respective initial values of the first resistance R1, the second resistance R2, and the third resistance R3 are compared, and when the rate of change from the initial value of the third resistance R3 is larger than the rate of change from the initial value of the first resistance R1 and the rate of change from the initial value of the second resistance R2, or when the rate of change from the initial value of the third resistance R3 is larger than a set value (Pr40-43), at least one of the following controls (D) to (E) is performed: (D) a control of supplying water-to-be-treated in a reverse direction from a nozzle for discharging washing wastewater of the separation membrane module (Pr40); and (E) a control of performing backwashing, after water on the primary side of the separation membrane module is discharged to make empty state (Pr40; see also 112(b) analysis supra). Claim 9: wherein at least one selected from a primary side pressure fluctuation rate or a water discharge flow rate in the separation membrane module in the water discharge process of discharging water-to-be-treated from a lower portion on the primary side of the separation membrane module to an outside of the system is used as an index (Pr38,74, Claim 12; see also 112(b) analysis supra), and the clogged portion of the separation membrane module is identified by combining with the first resistance R1, the second resistance R2, and the third resistance R3 (Pr11; see 112(b) analysis supra). Claim 10: wherein a pressure difference (ΔP4) between the P2 and the P1 in the backwashing process is further calculated as a fourth resistance R4, and when a difference (R2 - R4) between the second resistance R2 and the fourth resistance R4 is larger than a set value (Pr43), at least one of the following controls (G) to (I) is performed: (G) a control of changing at least one of a backwashing time and an air washing time (Pr29 (note obvious to change operating parameters based upon change in resistances)); (H) a control of changing at least one of a backwashing flow rate in the backwashing process and an air amount in an air washing process (Pr29 (note obvious to change operating parameters based upon change in resistances)); and (I) a control of changing at least one of a water supply process time and a water supply flow rate (Pr56,63 (note obvious to change operating parameters based upon change in resistances)). Claim 11: wherein a pressure difference (ΔP4) between the P2 and the P1 in the backwashing process is further calculated as a fourth resistance R4, and when a ratio (R2/R4) between the second resistance R2 and the fourth resistance R4 is larger than a set value (Pr13-18,21-27,40-43 (indicating obvious to compare different pressures to control process)), at least one of the following controls (G) to (I) is performed: (G) a control of changing at least one of a backwashing time and an air washing time (Pr29 (note obvious to change operating parameters based upon change in resistances)); (H) a control of changing at least one of a backwashing flow rate in the backwashing process and an air amount in an air washing process (Pr29 (note obvious to change operating parameters based upon change in resistances)); and (I) a control of changing at least one of a water supply process time and a water supply flow rate (Pr29 (note obvious to change operating parameters based upon change in resistances)). Claim 12: wherein a filtration flux in the filtration process and a backwash flux in the backwashing process are the same (Pr43, Claims 29, 31). Claim 13: wherein the second resistance R2 and the fourth resistance R4 are resistance values calculated based on the pressure difference, flux data, and water temperature data (Pr43; see also 112(b) analysis supra).
Conclusion
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/PATRICK ORME/Primary Examiner, Art Unit 1779
1 Unless otherwise noted all references in the dependent claims are to Hagawa.