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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114.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 02/12/2026 has been entered.
Applicant’s Response
In Applicant’s response dated 02/12/2026, Applicant amended Claims 1 and 14; canceled Claim 17; added Claim 18 and argued against all rejections previously set forth in the Office Action dated 11/28/2025.
In light of Applicant’s amendments and remarks, the previously set forth rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is withdrawn.
Status of the Claims
Claims 1 – 16 and 18 are rejected under 35 U.S.C. 103.
Examiner Note
The Examiner cites particular columns, line numbers and/or paragraph numbers in the references as applied to the claims below for the convenience of the Applicant(s). Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Examiner Note Regarding Claim interpretation
An intended use or purpose usually will not limit the scope of the claim because such statements usually do no more than define a context in which the invention operates. The recitation of the intended use of the claimed invention does not serve to differentiate the claim from the prior art (See MPEP 2103(I)(C).)
Claim 12 recites intended use, because Claim 12 recites “… the elevated tank is designed to be transparent for visualization purposes in order to visualize the water level” (emphasis added).
However, specifying that that the tank is designed transparent for visualization purposes in order to visualize the water level is the intended use of having a transparent tank, the claim is not clearly claiming a visual inspection to determine the water level or a determination of the water level associate with the transparent tank.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1 – 3, 5 – 11, 14, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Donoghue (US 2011/0088315) (hereinafter, Donoghue) (cited in IDS dated 03/10/2023) in view of Casey (US 10,132,083) (hereinafter, Casey).
Regarding Claim 1, Donoghue teaches an irrigation and drainage device or water storage device (See Donoghue’s Abstract), comprising the following:
- at least one water-collection device (10, 20, 30, 40, 64) designed to collect and store water (Donoghue in par 0004, teaches that a largely untapped water-conservation resource is the use of harvested water. Harvested water may include rainwater recapture, landscape runoff, irrigation runoff, HVAC (heating, ventilating, and air conditioning) condensate and gray (or grey) water. Donoghue in par 0009, teaches that the irrigation system collects harvested water from one or more sources and thereafter disperses it from a tank. Donoghue in par 0011, further teaches that harvested water is collected and fed into the harvested water irrigation system), wherein the at least one water-collection device (10, 20, 30, 40, 64) is in direct or indirect fluid connection with a buffer tank (60) or a storage reservoir (80) (Donoghue in par 0011, further teaches that the harvested water is transported from the one or more harvested water sources through one or more harvested water supply lines 12 to a tank 14 via one or more harvested water inlets 16),
- wherein the buffer tank (60) or the storage reservoir (80) is designed to store water and to make the stored water available for use to release it into an irrigation pipe network (85) (Donoghue in par 0009, teaches that the irrigation system collects harvested water from one or more sources and thereafter disperses it from a tank to a landscape for irrigation purposes. When a watering is scheduled, and the harvested water collected in the tank has reached a first predetermined level, the system controller begins a harvested water irrigation cycle to at least one zone in the landscape. Donoghue in par 0014, further teaches that the system controller starts a harvested water irrigation cycle according to a preset watering schedule. The harvested water irrigation cycle will run until the end of the preset watering schedule. By another approach, the harvested water irrigation cycle will continue until a second predetermined level "B" is reached);
- at least one control unit (61, 130), which is designed to receive and/or acquire environmental data, to acquire the environmental data by means of at least one sensor (100), and based on the environmental data, using at least one actuator to make available for use a water volume flow from the buffer tank (60) or from the storage reservoir (80) to control it into the irrigation pipe network (85) (Donoghue in par 0020, further teaches that the system controller 24 may calculate the amount of water that should be applied to that particular zone at any given time to result in a desired optimal moisture balance. The calculations performed by the system controller may account for variables such as varying soil type, sun and shade mix, slope, plant material, and emission devices used in a particular zone, as well as current, recent or historic weather data. These variables may also be obtained by the system controller by some automated means, supplied by sensors in the irrigation system, supplied by an internal or external database, or a combination of the foregoing. Donoghue in par 0023 – 0024 and Fig. 1, further teaches that the controller 24 may then spread irrigation out among the zones 38 such that each zone is gradually watered to a higher and higher moisture balance, up to a level just below the zone's maximum acceptable value. In this manner, the controller 24 may ensure that harvested water is utilized to the greatest extent possible, while as little harvested water as possible is disposed of in the sewer or storm water systems. Harvested water travels through the irrigation supply line to the open zone control valve(s) 40, and exits via an emission device 42. The emission device may be any generally known in the art such as, but not limited to, spray heads, rotors, drip components and impact drive sprinklers).
Donoghue teaches a plurality of water collection devices that are design to harvest water. Harvested water may include rainwater recapture, landscape runoff, irrigation runoff, HVAC (heating, ventilating, and air conditioning) condensate and gray (or grey) water.
However, Donoghue does not specifically disclose such that the water can be stored within the at least one water-collection device (10, 20, 30, 40, 64).
Casey teaches systems for water collection and recycling. A downspout having a downspout groove is vertically disposed on an exterior wall. The downspout is fluidly connected to a gutter and an outdoor water storage tank for collecting rain water (See Casey’s Abstract). Casey in Col. 9 lines 22 – 34, further teaches that the high gutter spot on a house is about 25 feet up. The downspout may be tied back into an angle joint near the bathroom water tank fill valve. The size of the downspouts is increased for holding more water. At the water tank join is the release valve that releases the water in the tank after it gets to a certain weight. The water then flows or drops about 10 feet and hist the water turbine.
Therefore, it would have been obvious to one of ordinary skill in the rt before the effective filing date to utilize the teachings in Casey with the teachings as in Donoghue to collect the rain water in Donoghue as disclosed in Casey. The motivation for doing so would have been to effectively minimize the use of fresh water by collecting reusing rainwater (See Casey’s Abstract).
Regarding Claim 2, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein the water in the at least one water collection device (10, 20, 30, 40, 64) or the buffer tank (60) or the storage reservoir is supplied by one selected from the group consisting of rain, drainage, gutters, point drains, roof drainage, area drainage, wells, or other water intake devices, desalination plants, ambient humidity, fresh water mains/water supply, and surface water (Donoghue in par 0004 and 0011, teaches that a largely untapped water-conservation resource is the use of harvested water. Harvested water may include rainwater recapture, landscape runoff, irrigation runoff, HVAC (heating, ventilating, and air conditioning) condensate and gray (or grey) water. Donoghue in par 0009, further teaches that the irrigation system collects harvested water from one or more sources and thereafter disperses it from a tank to a landscape for irrigation purposes).
Regarding Claim 3, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
further comprising a water purification device (50) designed to purify water that is supplied from the at least one water collection device (10, 20, 30, 40, 64) before the water is supplied to the buffer tank (60) or the storage reservoir (80) (Donoghue in par 0011, teaches that black water sources, such as toilets, are typically inappropriate for use with the harvested water irrigation system, unless the black water is first treated to remove hazardous materials. Donoghue in par 0017, further teaches that a filtration system 29 may be any known in the art that is capable of removing debris typically found in harvested water (lint, hair, paper scraps, large detergent particles, etc.) to ensure that the irrigation system does not clog. The filter also may be easily cleaned and/or replaced).
Regarding Claim 5, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein the irrigation pipe network (85) comprises multiple irrigation pipes (85a-85d), wherein each irrigation pipe (85a-85d) is designed to release water in a corresponding irrigation zone (A - D) by means of an open end or a respective end region which is perforated at least in sections or by means of perforated sections (Donoghue in par 0019, teaches that the pressure source moves the harvested water from the tank 14 via a harvested water outlet 32 into an irrigation supply line 34. The irrigation supply line 34 delivers the harvested water to one or more irrigation zones 38 covering the landscape 18. The controller 24 activates a zone by opening a zone control valve 40 for that particular zone. A zone 38 may be a specific landscape planting area. A landscape may be divided into multiple zones to optimize water use such that each zone receives the amount of water that is best suited for the plants and conditions in it or to ensure that there is sufficient pressure to effectively run the watering devices of the activated zone. Donoghue in par 0020, further teaches that the system controller 24 may calculate the amount of water that should be applied to that particular zone at any given time to result in a desired optimal moisture balance. Donoghue in par 0023 – 0024 and Fig. 1, further teaches that the controller 24 may then spread irrigation out among the zones 38 such that each zone is gradually watered to a higher and higher moisture balance, up to a level just below the zone's maximum acceptable value. In this manner, the controller 24 may ensure that harvested water is utilized to the greatest extent possible, while as little harvested water as possible is disposed of in the sewer or storm water systems. Harvested water travels through the irrigation supply line to the open zone control valve(s) 40, and exits via an emission device 42. The emission device may be any generally known in the art such as, but not limited to, spray heads, rotors, drip components and impact drive sprinklers).
Regarding Claim 6, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein at least one electric pump (63), is arranged on the buffer tank side, or a manual pump (81) or capstan/hydraulic ram is arranged on the storage reservoir (80) or in its vicinity, wherein the at least one electric pump (63) or the manual pump (81) is designed to pump the water from the buffer tank (60) into the storage reservoir (80) or into the irrigation pipe network (85) (Donoghue in par 0016, teaches that when a watering is scheduled and the first predetermined level has been reached, the system controller 24 activates a pump 26. The pump 26 and filtration system 29 may optionally both be contained within the tank 14 along with the level sensor 20 and the level controller 22, but should be designed for easy installation and maintenance. The pump 26 and filtration system 29 may also be separate devices that are not co-located. The pump 26 is sized according to the pressure and flow requirements of a given landscape 18. Donoghue in par 0019, further teaches that the pressure source (supplied via the pump 26 or gravity) moves the harvested water from the tank 14 via a harvested water outlet 32 into an irrigation supply line 34. Donoghue in par 0016, further teaches that when the level sensor 20 (via the level controller 22) detects and communicates the second predetermined level B to the system controller 24, the system controller 24 turns off the pump 26, or closes the gravitational outlet valve 27 (as shown in FIG. 3), and closes the appropriate zone control valve(s) 40).
Regarding Claim 7, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein the control unit (130) is designed to acquire the environmental data, comprising values for a soil moisture content in an irrigation zone (A - D), by means of a plurality of soil moisture sensors (100), via a sensor interface (110), and, based on the environmental data, to control the water volume flow from the buffer tank (60) or from the storage reservoir (80) by means of the actuator (84) (Donoghue in par 0020, further teaches that the system controller 24 may calculate the amount of water that should be applied to that particular zone at any given time to result in a desired optimal moisture balance. This optimal moisture balance is represented by the level that assures water will be readily available to the particular plant or landscape in a zone until the next scheduled irrigation cycle. The calculations performed by the system controller may account for variables such as varying soil type, sun and shade mix, slope, plant material, and emission devices used in a particular zone, as well as current, recent or historic weather data. These variables may be input by the user, for example, the user may input a zip code or other geographic identifier. These variables may also be obtained by the system controller by some automated means, supplied by sensors in the irrigation system, supplied by an internal or external database, or a combination of the foregoing. Donoghue in par 0023 – 0024 and Fig. 1, further teaches that the controller 24 may then spread irrigation out among the zones 38 such that each zone is gradually watered to a higher and higher moisture balance, up to a level just below the zone's maximum acceptable value. In this manner, the controller 24 may ensure that harvested water is utilized to the greatest extent possible, while as little harvested water as possible is disposed of in the sewer or storm water systems. Harvested water travels through the irrigation supply line to the open zone control valve(s) 40, and exits via an emission device 42. The emission device may be any generally known in the art such as, but not limited to, spray heads, rotors, drip components and impact drive sprinklers).
Regarding Claim 8, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein the control unit (130) is designed to receive environmental data comprising weather data or weather forecast data for a location of the irrigation device, via a network interface (120) and, based on the environmental data, to control the water volume flow from the buffer tank (60) or from the storage reservoir (80) by means of at least one of the actuators (84) (Donoghue in par 0020, further teaches that the system controller 24 may calculate the amount of water that should be applied to that particular zone at any given time to result in a desired optimal moisture balance. This optimal moisture balance is represented by the level that assures water will be readily available to the particular plant or landscape in a zone until the next scheduled irrigation cycle. The calculations performed by the system controller may account for variables such as varying soil type, sun and shade mix, slope, plant material, and emission devices used in a particular zone, as well as current, recent or historic weather data. These variables may be input by the user, for example, the user may input a zip code or other geographic identifier. These variables may also be obtained by the system controller by some automated means, supplied by sensors in the irrigation system, supplied by an internal or external database, or a combination of the foregoing. Donoghue in par 0023 – 0024 and Fig. 1, further teaches that the controller 24 may then spread irrigation out among the zones 38 such that each zone is gradually watered to a higher and higher moisture balance, up to a level just below the zone's maximum acceptable value. In this manner, the controller 24 may ensure that harvested water is utilized to the greatest extent possible, while as little harvested water as possible is disposed of in the sewer or storm water systems. Harvested water travels through the irrigation supply line to the open zone control valve(s) 40, and exits via an emission device 42. The emission device may be any generally known in the art such as, but not limited to, spray heads, rotors, drip components and impact drive sprinklers).
Regarding Claim 9, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein at least one water collection device (10, 20, 30, 40, 64) comprises at least one inflow control valve (12) which is designed to control or prevent an inflow from the at least one water collection device (10, 20, 30, 40, 64) to the buffer tank (60) by means of the control unit (130) (Donoghue in par 0018, further teaches that the tank 14 may also contain an overflow outlet 28. The overflow outlet 28 may connect to a sewage line 30. In the event that the harvested water completely fills the tank, but no irrigation is needed, the harvested water flows out of the tank 14 via the overflow outlet 28 into the sewage line 30. The sewage line 30 drains into the local sewer system, a septic system, or another subsurface-type passive irrigation system. The sewage line also may have an optional check valve or other backflow prevention device 29 to prevent sewage from flowing into and contaminating the contents of the tank 14. By one approach, the system control may also control selective bypass or certain harvested water sources when the tank 14 is full, but no irrigation is required. For example, the system controller may redirect rain water or HVAC condensate to a storm water drain).
Regarding Claim 10, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein the water collection device (10, 20, 30, 40, 64) comprises conventional gutters, point drains (surface drainage system), or at least one roof collection component (10) arranged on a house roof (11), or comprises at least one ground collection component (20, 30, 40, 64) formed from floor elements (21, 27, 27a, 31, 42) that are perforated at least in sections or water-permeable in sections, with water guiding structures (22, 22a, 32, 42) arranged underneath (Donoghue in par 0011, teaches that harvested water is collected and fed into the harvested water irrigation system. With reference to Fig. 1, a building 10 may provide at least one source of gray water. The gray water sources generally may include showers, tubs, sinks, dishwashers, washing machines and the like. Other harvested water sources, such as rainwater recapture, landscape runoff, irrigation runoff, and HVAC condensate are similarly collected in any manner generally known in the art. The harvested water is transported from the one or more harvested water sources through one or more harvested water supply lines 12 to a tank 14 via one or more harvested water inlets 16). Accordingly, Donoghue teaches different form of collecting water, such as point drains or at least one roof collection component.
Regarding Claim 11, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein the storage reservoir (80) or the buffer tank (60) or the at least one water collection device (10, 20, 30, 40) have fill level sensors (51, 61, 82) for determining a water fill level or temperature sensors (61) for determining a water temperature or conductivity sensors for determining a water conductivity with regard to a salinity of the water, and the respective sensors (51, 61, 82) are also designed to transmit the acquired sensor data to the control unit (130) and the control unit (130) is designed to control the water volume flow from the buffer tank (60) or from the storage reservoir (80) by means of at least one actuator (84) or by means of at least one pump (63, 67) based on the sensor data (Donoghue in par 0014, further teaches that as harvested water enters the tank 14, a level sensor 20 monitors the level of water within the tank. The level sensor 20 communicates the water level to a level controller 22. The level controller 22, in turn, communicates with a system controller 24. In one control system, when the level sensor 20 (via the level controller 22) detects and communicates a first predetermined level "A" to the system controller 24, the system controller starts a harvested water irrigation cycle according to a preset watering schedule. The harvested water irrigation cycle will run until the end of the preset watering schedule).
Regarding Claim 14, Donoghue teaches an irrigation and drainage method or water storage method (See Donoghue’s Abstract), wherein the method comprises the following steps:
- collecting and storing water using at least one water collection device (10, 20, 30, 40, 64) (Donoghue in par 0004, teaches that a largely untapped water-conservation resource is the use of harvested water. Harvested water may include rainwater recapture, landscape runoff, irrigation runoff, HVAC (heating, ventilating, and air conditioning) condensate and gray (or grey) water. Donoghue in par 0009, teaches that the irrigation system collects harvested water from one or more sources and thereafter disperses it from a tank. Donoghue in par 0011, further teaches that harvested water is collected and fed into the harvested water irrigation system) and routing the collected water into a buffer tank (60) or into a storage reservoir (80) (Donoghue in par 0011, further teaches that the harvested water is transported from the one or more harvested water sources through one or more harvested water supply lines 12 to a tank 14 via one or more harvested water inlets 16);
- receiving or acquiring environmental data comprising values for soil moisture in irrigation zones (A - D) or an amount of precipitation in relation to the location of green areas or plants to be irrigated or in relation to the irrigation zones (A - D), using a control unit (130) (Donoghue in par 0020, further teaches that the system controller 24 may calculate the amount of water that should be applied to that particular zone at any given time to result in a desired optimal moisture balance. This optimal moisture balance is represented by the level that assures water will be readily available to the particular plant or landscape in a zone until the next scheduled irrigation cycle. The calculations performed by the system controller may account for variables such as varying soil type, sun and shade mix, slope, plant material, and emission devices used in a particular zone, as well as current, recent or historic weather data. These variables may be input by the user, for example, the user may input a zip code or other geographic identifier. These variables may also be obtained by the system controller by some automated means, supplied by sensors in the irrigation system, supplied by an internal or external database, or a combination of the foregoing. Donoghue in par 0023 – 0024 and Fig. 1, further teaches that the controller 24 may then spread irrigation out among the zones 38 such that each zone is gradually watered to a higher and higher moisture balance, up to a level just below the zone's maximum acceptable value. In this manner, the controller 24 may ensure that harvested water is utilized to the greatest extent possible, while as little harvested water as possible is disposed of in the sewer or storm water systems. Harvested water travels through the irrigation supply line to the open zone control valve(s) 40, and exits via an emission device 42. The emission device may be any generally known in the art such as, but not limited to, spray heads, rotors, drip components and impact drive sprinklers);
- controlling a water volume flow from the buffer tank (60) or from the storage reservoir (80) into an irrigation pipe network (85) as a function of the environmental data in order to make a quantity of water available for use to meter it for the green areas or plants to be irrigated in the irrigation zones (A - D) according to the environmental data (Donoghue in par 0020, further teaches that the system controller 24 may calculate the amount of water that should be applied to that particular zone at any given time to result in a desired optimal moisture balance. The calculations performed by the system controller may account for variables such as varying soil type, sun and shade mix, slope, plant material, and emission devices used in a particular zone, as well as current, recent or historic weather data. These variables may also be obtained by the system controller by some automated means, supplied by sensors in the irrigation system, supplied by an internal or external database, or a combination of the foregoing. Donoghue in par 0023 – 0024 and Fig. 1, further teaches that the controller 24 may then spread irrigation out among the zones 38 such that each zone is gradually watered to a higher and higher moisture balance, up to a level just below the zone's maximum acceptable value. In this manner, the controller 24 may ensure that harvested water is utilized to the greatest extent possible, while as little harvested water as possible is disposed of in the sewer or storm water systems. Harvested water travels through the irrigation supply line to the open zone control valve(s) 40, and exits via an emission device 42. The emission device may be any generally known in the art such as, but not limited to, spray heads, rotors, drip components and impact drive sprinklers).
Donoghue teaches a plurality of water collection devices that are design to harvest water. Harvested water may include rainwater recapture, landscape runoff, irrigation runoff, HVAC (heating, ventilating, and air conditioning) condensate and gray (or grey) water.
However, Donoghue does not specifically disclose such that some of the water is stored within the at least one water-collection device (10, 20, 30, 40, 64).
Casey teaches systems for water collection and recycling. A downspout having a downspout groove is vertically disposed on an exterior wall. The downspout is fluidly connected to a gutter and an outdoor water storage tank for collecting rain water (See Casey’s Abstract). Casey in Col. 9 lines 22 – 34, further teaches that the high gutter spot on a house is about 25 feet up. The downspout may be tied back into an angle joint near the bathroom water tank fill valve. The size of the downspouts is increased for holding more water. At the water tank join is the release valve that releases the water in the tank after it gets to a certain weight. The water then flows or drops about 10 feet and hist the water turbine.
Therefore, it would have been obvious to one of ordinary skill in the rt before the effective filing date to utilize the teachings in Casey with the teachings as in Donoghue to collect the rain water in Donoghue as disclosed in Casey. The motivation for doing so would have been to effectively minimize the use of fresh water by collecting reusing rainwater (See Casey’s Abstract).
Regarding Claim 15, Donoghue in view of Casey teaches the limitations contained in parent Claim 14. Donoghue further teaches:
further comprising a step of increasing the water volume flow when the control unit (130) detects by means of a soil moisture sensor (100), that a water content in a corresponding irrigation zone (A - D) is below a limiting value, or a step of reducing the water volume flow when the control unit (130) detects by means of the soil moisture sensor (100), that a water content in a corresponding irrigation zone (A - D) is above the limiting value (Donoghue in par 0020, teaches that the system controller 24 may calculate the amount of water that should be applied to that particular zone at any given time to result in a desired optimal moisture balance. This optimal moisture balance is represented by the level that assures water will be readily available to the particular plant or landscape in a zone until the next scheduled irrigation cycle. These variables may also be obtained by the system controller by some automated means, supplied by sensors in the irrigation system, supplied by an internal or external database, or a combination of the foregoing. Donoghue in par 0031, further teaches that the system controller 24 again determines 154 whether the moisture balance of that particular zone has surpassed the critical deficit value. If so, the irrigation cycle is stopped 156, and normal operation resumes. If the system controller 24 determines 154 that the critical deficit value has not been surpassed, a new irrigation cycle will run 158 using potable water).
Regarding Claim 18, Donoghue in view of Casey teaches the limitations contained in parent Claim 9.
Casey further teaches:
Wherein the water is stored within the at least one water-collection device (10, 20, 30, 40, 64) when the at least one inflow control valve (12) is in a position preventing the inflow from the at least one water collection device (10, 20, 30, 40, 64) to the buffer tank (60) (Casey teaches systems for water collection and recycling. A downspout having a downspout groove is vertically disposed on an exterior wall. The downspout is fluidly connected to a gutter and an outdoor water storage tank for collecting rain water (See Casey’s Abstract). Casey in Col. 9 lines 22 – 34, further teaches that the high gutter spot on a house is about 25 feet up. The downspout may be tied back into an angle joint near the bathroom water tank fill valve. The size of the downspouts is increased for holding more water. At the water tank join is the release valve that releases the water in the tank after it gets to a certain weight. The water then flows or drops about 10 feet and hist the water turbine).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Donoghue in view Casey and in further view of Larach (US 2011/0044760) (hereinafter, Larach).
Regarding Claim 4, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
Donoghue in par 0013, teaches that the tank 14 may be located inside or outside the building 10. If outside the building, the tank 14 may be above ground, but preferably the tank is subsurface. Subsurface tanks avoid the need to replace plants or other usable landscape areas with a tank storage area that may require aesthetically-pleasing landscaping to disguise them. Subsurface tanks also may help avoid emission of unpleasant odors or noise that may be associated with storing and delivering the harvested water.
However, Donoghue in view of Casey does not specifically disclose further comprising the buffer tank (60) or a basin or a block infiltration ditch system at least partially enveloped with a geotextile sealing membrane (69).
Larach in par 0002 – 0003, teaches that underground tanks are used to collect and store rainwater for later use such as for watering gardens, flushing toilets, washing machines and cars, agriculture, and for drinking. Underground tanks can be formed from plastic perforated tank modules, which are butted or stacked together to form the required tank size, wrapped in geotextile and surrounded in good draining medium such as sand. The geotextile material allows water to pass therethrough but prevents any sand from passing. Thus, water flows into the tank via a connecting pipe and percolates into the surrounding strata through the geotextile-covered perforated modules of the tank. Similarly, water percolating through the soil above the tank enters the tank through the geotextile-covered top perforated module of the tank.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to utilize the teachings as in Larach with the teachings as in Donoghue and Casey to wrapped the subsurface tank of Donoghue with geotextile material as disclosed in Larach. The motivation for doing so would have been to allow water to pass throughout the geotextile material but prevents any debris from passing, thus providing an efficient way to flow water into a tank, thereby conserving water and providing many economic and environmental benefits (See Larach’s par 0002 and 0005).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Donoghue in view of Casey and in further view of Kim et al. (US 2020/0260669) (hereinafter, Kim).
Regarding Claim 12, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
wherein the storage reservoir (80) is designed as an elevated tank such that the water release or the control of the water volume flow from the storage reservoir (80) into the irrigation pipe network (85) is carried out without pumps or exclusively by the at least one actuator (84) (Donoghue in par 0009, teaches that the system controller may interact with a variety of devices, including a water level sensor and controller, filter(s), pump(s) or gravitational outlets valves. Donoghue in par 0016 – 0017, further teaches the harvested water may be energized via natural gravitational forces, as shown in FIG. 3. In general, the system controller activates the pump or opens a gravitational outlet valve, water travels downstream through the filtration system 29, and an irrigation cycle runs according to a watering schedule until the end of the programmed watering, or until the second predetermined level B is reached. The pump is then stopped, or the gravitational outlet valve closed, and the irrigation cycle ends).
However, Donoghue in view of Casey does not specifically disclose that the elevated tank is designed to be transparent for visualization purposes in order to visualize the water level.
Donoghue and Casey do not disclose the material of the tank.
Kim teaches an apparatus for cultivating plants, a water tank may be disposed in front of the water supply case 49. (See Kim’s abstract and par 0123). Kim in further teaches in par 0367 - 0369, that a water tank may be disposed ahead or upstream of a machine compartment disposed at a lower portion in a cabinet, in a cultivation space. The water tank may include a tank body, and a cover that opens/closes the tank body. The tank body may be transparent such that an inside thereof may be viewable from the outside.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use the teachings as in Kim with the teachings as in Donoghue and Casey to built the tank in Donoghue with a transparent material as disclosed in Kim. The motivation for doing so would have been to provide a tank that the user can easily check the inside of the tank, thus viewing water level and cleanliness if the water tank (See Kim’s par 0376).
Claims 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Donoghue in view of Casey and in further view of Russell (US 2011/0174706) (hereinafter, Russell) (cited in Ids dated 03/10/2023).
Regarding Claim 13, Donoghue in view of Casey teaches the limitations contained in parent Claim 1. Donoghue further teaches:
Donoghue in par 0020, teaches a system controller 24 may calculate the amount of water that should be applied to that particular zone at any given time to result in a desired optimal moisture balance. The calculations performed by the system controller may account for variables such as varying soil type, sun and shade mix, slope, plant material, and emission devices used in a particular zone, as well as current, recent or historic weather data. These variables may be input by the user, for example, the user may input a zip code or other geographic identifier. These variables may also be obtained by the system controller by some automated means, supplied by sensors in the irrigation system, supplied by an internal or external database, or a combination of the foregoing.
However, Donoghue in view of Casey does not specifically disclose wherein an information display device (70) is designed to communicate with the control unit (130) including a data processing unit and to visualize information selected from the group consisting of soil moisture, water fill levels, and amount of precipitation in particular operating states.
Russell in par 0164 – 0165 and Fig(s). 9A – 9E, teaches a user interface 900 that can be generated by a user interface engine 712 associated with a sprinkler management system 520. User interface 900 is illustrated as a web-based interface useful over the internet that includes a number of webpages viewed via a web browser. User interface 900 can be configured to use any type of web development standard or software. User interface 900 can be any custom application that enables user 502 to interact with the sprinkler management system 520. User interface 900 can include several tabs that enable user 502 to access various features of user interface 900 and sprinkler management system 520. User 502 can use user interface 900 to request historical data and/or statistical analysis of data collected by sprinkler management system 520. Russell in par 0175 and Fig. 9D, further teaches an example of a data analysis tab 930 associated with user interface 900. Data analysis tab 930 can be configured to present user 502 with historical data, real-time data, and/or statistical data analysis. Data analysis tab 930 can include yard selector 931, date range selector 932, data selector 933, add button 934, remove button 935, and output format selector 936. Russell in par 0181 and Fig. 9E, further teaches that system settings tab 940 can include status information to facilitate user 502 configuring water harvesting and reclamation system 540, as an additional option to inform user 502 of water harvesting and reclamation system 540's status, and to provide user 502 with supplemental status information.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to utilize the teachings as in Russell with the teachings as in Donoghue and Casey to provide an interface to control the irrigation system of Donoghue as disclosed in Russell. The motivation for doing so would have been to provide an interactive interface, thus allowing remote management including monitoring and controlling of irrigation systems (See Russell’s par 0015).
Regarding Claim 16, Donoghue in view of Casey teaches the limitations contained in parent Claim 14. Donoghue further teaches:
further comprising a step of actively or passively emptying the buffer tank (60) or the storage reservoir (80), by emptying it into the sewer system (140), (Donoghue in par 0018, teaches that the tank 14 may also contain an overflow outlet 28. The overflow outlet 28 may connect to a sewage line 30. In the event that the harvested water completely fills the tank, but no irrigation is needed, the harvested water flows out of the tank 14 via the overflow outlet 28 into the sewage line 30).
However, Donoghue in view of Casey does not specifically disclose that the disposed of water into the sewer is in when the data contain information announcing heavy rain or that the salinity of the water exceed a limit. Thus, Donoghue in view of Casey does not specifically disclose when the control unit (130) receives environmental data containing information announcing heavy rain, or the control unit (130) detects that the salinity of the water exceeds a limiting value by means of a conductivity sensor within the buffer tank (60) or the storage reservoir (80).
Russell in par 0058, teaches that a water reclamation tank 240 has at least one overflow pipe 265, which leads excess water away from the water reclamation tank 240. The overflow pipe 265 may lead to a drain or a sewer as is common in some existing systems. Russell in par 0154, further teaches that contextual datastore 720 can include weather information obtained from server 560, which, in one embodiment, can be associated with a weather and climate service. This weather data can be used to facilitate controlling the water harvesting and reclamation system 540, such as by determining whether to skip a prescheduled sprinkler activation or whether to activate a fresh water intake to a water reclamation tank. Russell in par 0207 – 0209, further teaches that a sprinkler management system 520 receives a weather forecast from a server 560 associated with a weather forecast system. Sprinkler management system 520 receives a set of user preferences from user 502 via a user interface 900 accessed on client 512. The set of user preferences can include: whether to modify the configuration based on a weather forecast. Sprinkler management system 520 creates a water harvesting and reclamation system configuration at block 1108 based on the land condition data, the weather forecast, and the user preferences
Thus, Russell as similarly disclosed in Donoghue and Casey teaches an overflow to drain the excess from the tank, furthermore, Russell discloses changing the operation of the system based on weather forecast.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to utilize the teachings as in Russell with the teachings as in Donoghue and Casey to provide an interface to control the irrigation system of Donoghue as disclosed in Russell. The motivation for doing so would have been to provide an interactive interface, thus allowing remote management including monitoring and controlling of irrigation systems (See Russell’s par 0015).
Response to Arguments
Applicant’s arguments, see remarks pages 1 – 3, filed on 02/12/2026, with respect to the rejection(s) of claim(s) 1 – 3, 5 – 11, 14 and 15 under 35 U.S.C. 102 and Claims 4, 12, 13, 16 and 17 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejections are made in view of Casey (US 10,132,083).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/ARIEL MERCADO-VARGAS/Primary Examiner, Art Unit 2118