DETAILED ACTION
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 .
Response to Arguments
The objections to the specification are withdrawn.
The objections to claims 1 and 8 are withdrawn.
The rejections of claims 1-13 under 35 U.S.C. 112(b) have been withdrawn. However, a new rejection under 35 U.S.C. 112(b) follows below.
Applicant’s arguments, see Remarks, pages 16-23, filed May 21st, 2026, with respect to claims 1 and 8 have been fully considered and are persuasive. The rejections of claims 1-13 under 35 U.S.C. 103 have been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14 recites “an inlet and/or outlet pressure relief valve configured to autonomously open and/or close when pressure in said first concentrate stock tank exceeds a predetermined value” in lines 2-3.
While the specification reasonably discloses a pressure relief valve which autonomously opens when pressure in said first concentrate stock tank exceeds a predetermined value and the specification states that an electronic controller may be configured for closing the relief valve (e.g. see pars. [0068], [0070] and [0076]), the specification does not appear to disclose a pressure relief valve which autonomously closes in response to pressure in said first concentrate stock tank exceeding a predetermined value as the claim would seem to imply.
Among other options, this rejection could be overcome by amending as “an inlet and/or outlet pressure relief valve configured to autonomously function when pressure in said first concentrate stock tank exceeds a predetermined value”.
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 6 and 15 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.
Claim 6 recites “further comprising a distilled water storage tank disposed in-between (i) said distilled water input and (ii) said first mixing module…..” and it is unclear what is meant by being in-between the distilled water input and mixing modules because the distilled water input is understood to be a stream of water which travels through the system.
Among other options, this could be amended as “further comprising a distilled water storage tank disposed in-between (i) said inlet for the distilled water input and (ii) said first mixing module…”.
Claim 15 is rejected by virtue of its dependency on claim 1.
Allowable Subject Matter
Claims 1-5, 7-13 and 16-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art includes:
Scheu (US 20190144311) discloses a system and method for mineralizing water comprising an inlet for water input (water 2), a splitter (downstream of ion exchanger 8, Fig. 3) for splitting the water input into a primary portion and a secondary portion (Fig. 3) in a primary and a secondary conduit where the secondary portion is sent to columns having different mineral matrices (components 10 and 12, Fig. 3) and where a carbonator is connected to the secondary conduit (CO2 input, Fig. 3) where the carbonator is operationally connected to the columns (via the second conduit, Fig. 3). The secondary portion passes through the first and second columns in series (Fig. 3) and is then combined with the primary portion in the primary conduit.
Liberman (WO 2009047764) discloses a system and method for mineralizing water comprising an inlet for water input, a splitter for splitting the water input into a primary portion and a secondary portion (Fig. 5) in primary (main product line P1a) and secondary (line Si) conduits where the secondary portion is sent to a CO2 absorber (absorber 10) and where a carbonator is connected to the secondary conduit (via the absorber 10) and Liberman discloses a plurality of columns (columns 20) connected to the carbonator (via the secondary conduit and absorber 10) where the columns include a mineral matrix (either limestone or dolomite, shown with limestone in Fig. 5) where the secondary portion is split and travels through the columns and is recombined before being combined with the primary portion in the primary conduit.
Nelson (US 20180002205) discloses a mineralization system and method comprising a splitter for splitting a water input, such as distilled water (para. [0060]), through a primary conduit (main process flow 1) and two secondary conduits (side process flows 2 and 3) such that two separate portions are mineralized (using an alkali carbonate and an alkali hydroxide respectively) and combined back with a primary stream in the primary conduit. Nelson teaches adding CO2 to one of the mineralized portions (the alkali carbonate portion) after a first mineralizing compound (alkali carbonate) is added (CO2 is added to a portion at static mixer 5 which is later added to a portion at static mixer 4 which contains the first mineralizing compound [the alkali carbonate]). Nelson does not disclose a mineral matrix in a column nor two columns each with a mineral matrix and each operationally connected to a carbonator.
The prior art of record did not reasonably disclose, teach or otherwise suggest a system for mineralizing water comprising an inlet for a water input, a splitter for splitting the water input into primary and secondary portions sent through primary and secondary conduits respectfully and having a carbonator connected to the secondary conduit and where the system includes first and second columns each having different mineral matrices for forming different mineral concentrate solutions and where the first and second column are each operationally connected to the carbonator and where the system includes first and second concentrate stock tanks for collecting mineralizing solutions from the respective columns and where the system includes a first mixing module connected to the first concentrate stock tank and a second mixing module connected to the second concentrate stock tank where each mixing module is configured for combining predefined amounts of a mineral concentrate solution from the first and second concentrate stock tanks with the primary portion in the primary conduit and where the system includes a dispensing module connected to the mixing modules for dispensing mineralized water.
Likewise, the prior art of record did not reasonably disclose, teach or otherwise suggest a method for mineralizing distilled water comprising providing an input of distilled water, splitting said input of distilled water into a primary portion and a secondary portion, dissolving carbon dioxide into the secondary portion, providing first and second columns with different first and second mineral matrices respectfully to form different first and second mineralizing concentrate solutions, collecting the first and second mineralizing concentrate solutions, controllably combining a predefined amount of the first mineralizing concentrate solution with the primary portion, controllably combining a predefined amount of the second mineralizing concentrate solution with the primary portion and dispensing a mineralized water mixture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Poffet et al. (US 20140209544) discloses mineralizing water in a tank by splitting the water in the tank into primary and secondary portions where the secondary portion is carbonated with CO2 and mixed with a calcium carbonate solution from a storage container and which is then sent to a concentrate tank before being mixed with a primary portion in a primary conduit.
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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/P.M.M./Examiner, Art Unit 1774
/CLAIRE X WANG/Supervisory Patent Examiner, Art Unit 1774
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