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 .
Claims 1-21 are pending
Claims 2-3, 6, 8-17 have been amended
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 9-14, 17 and 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.
Claims 9 and 16 have been amended to recite “the underdrain anti-clogging member” and “the anti-clogging member” however only an “an underdrain anti-clogging device” has been previously device. Therefore, it is unclear if the “the underdrain anti-clogging member” is the same structure as “an underdrain anti-clogging device”. There is insufficient antecedent basis for the “underdrain anti-clogging member” and the “anti-clogging member” limitations in the claim.
Claims 10-14 and 16-17 and 19 are rejected as being dependent on an indefinite claim.
Claim 13 has been amended to remove the reference to the claim it depends from. Therefore, it is unclear what claim, claim 13 is intended to depend from.
Claim 17 has been amended to recite “a plurality of openings” however claim 16 has been amended to recite “a plurality of openings” it is unclear if these are the same openings or different opening. Further claim 17 recites said tubular mesh said tubular mesh screen section having a plurality of openings each of which has a size smaller than 0.45mm. However, this limitation is also recited in claim 16 from which claim 17 depends. Therefore claim 17 does not appear to further limit the claim from which it depends.
Claim Rejections - 35 USC § 102
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 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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McDougald US 6,093,329 (US’329).
Regarding claim 1, US’329 teaches an apparatus for preventing clogging of an underdrain of a treatment unit having a filter bed for treating water or wastewater, said apparatus comprising: (a) an underdrain anti-clogging device (underdrain headers 48 having slots or apertures 44 about the circumference thereof which allow filtrate to enter, or backwash water to exit, the header, see fig. 1, col 4, the slots or apertures would perform the functions of openings sized to allow a washing fluid to pass through while trapping impurities in the washing fluid describe in applicants specification, see page 13-14 of applicants filed specification, claim 1 does not defined the type of impurity or define any particular structure that prevents clogging, therefore any general structure that provides any type of limited opening, would read on the claim apparatus) operably associated with a washing fluid delivery member for directing washing fluid to the underdrain of the treatment unit to wash the filter bed of the treatment unit (ports 50 of the partition 22 are designed to be engaged by a backwash sealing shoe 52 which, in turn, connects to a main backwash pump 54 that backwashes the filter bed, abstract, col. 4-5 see fig. 1); and, (b) said underdrain anti-clogging device being configured to allow the washing fluid to pass through said underdrain anti-clogging device and into the underdrain while trapping impurities in the washing fluid to prevent the impurities in the washing fluid from entering or clogging the underdrain (the slots or apertures would perform the functions of openings sized to allow a washing fluid to pass through while trapping impurities in the washing fluid describe in applicants specification, as discussed above. The examiner notes that allowing washing fluid to pass through while trapping impurities recites the intended use of the apparatus, and a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The apparatus of US’329 teaches an apparatus connected to a backwash fluid system that allows the backwash to pass through slots or apertures of the apparatus and therefore would be capable of performing the function. Since the claim is directed towards an apparatus, the apparatus is independent of the intended use).
Regarding claim 4, US’329 teaches the apparatus for preventing clogging according to claim 1. US’329 further teaches wherein: (a) said underdrain anti-clogging device is positioned relative to the washing fluid delivery member such that all washing fluid directed to the underdrain by the washing fluid delivery member must pass through said underdrain anti-clogging device prior to entering the underdrain (the backwash system is connected to the filter bed system through port 50 which allows back wash to enter the filter bed through header 48, see fig. 1 col 4-6).
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.
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US’329 as applied to claim 1 above, and further in view of Haas US 4,808,024 (US’024) cited in 892 mailed 1-28-26.
Regarding claim 2, US’329 teaches the apparatus for preventing clogging according to claim 1.
US’329 does not teach said underdrain anti-clogging device includes tubular mesh screen section having a plurality of openings wherein each of the plurality of openings are sized to allow a washing fluid to pass through each of the plurality of openings while trapping in said underdrain anti-clogging device impurities in the washing fluid that have the potential of clogging the underdrain.
US’024 teaches Underdrains in the form of perforate pipes, preferably covered with a geotextile sock as a filter, are disposed transversely to the lengthwise direction of the roadway in close proximity to faults, cracks, joints and other fissures in the roadway (abstract). FIG. 3 illustrates a method for installing an underdrain 21 according to the invention. According to this preferred embodiment of the invention, underdrains 21 comprise a plastic slotted pipe 23 having radially spaced-apart, lengthwise rows of slots 24 along the length thereof, and a geotextile sock (sheath) 25 surrounding pipe 23. Sock 25 acts as a filter for preventing particulate matter from entering pipe 23 and clogging it. Alternatively, however, sock 25 may be omitted, and pipe 23 may have slots 24 which are sufficiently small to effectively prevent particles of dirt, sand, or the like from entering pipe 23. Underdrain 21 is secured by a coupling 30 to a corresponding tailpiece 31 of a conventional ground piercing tool 32 (col 3-5). A geotextile sock (sheath) 25 surrounding a slotted pipe such as the underdrain header of US’329 would have a tubular shaped mesh having opening sized to allow a washing fluid to pass through each of the plurality of openings while trapping in said underdrain anti-clogging device impurities in the washing fluid that have the potential of clogging the underdrain.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of US’329 to include said underdrain anti-clogging device includes tubular mesh screen section having a plurality of openings wherein each of the plurality of openings are sized to allow a washing fluid to pass through each of the plurality of openings while trapping in said underdrain anti-clogging device impurities in the washing fluid that have the potential of clogging the underdrain because US’024 teaches that it can be added to the underdrain header of US’329 to further prevent clogging for preventing particulate matter from entering pipe 23 and clogging it.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US’329 in view of US’024 as applied to claim 2 above, and further in view of Cochrane US 4,211,656 (US’656).
Regarding claim 2, US’329 teaches the apparatus for preventing clogging according to claim 1. US'329 further teaches wherein: (a) at least a portion of said underdrain anti-clogging device is disposed in a housing of the treatment unit housing the filter bed (headers 48 is located at the bottom of filter basin 26, see fig. 1, col. 3-4).
US’329 does not teach wherein the size of each of the plurality of openings of the tubular mesh screen section is less than 0.45mm.
However, the geotextile sock (sheath) 25 surrounding pipe 23. Sock 25 acts as a filter for preventing particulate matter from entering pipe 23 and clogging it including sand particles, as discussed above. US’656 teaches Filter media 80 is placed in the lower portion of each cell 14. For filtration, media 80 comprises a 15 inch deep layer of anthracite 82 (1 mm particle diameter) on top of a 15 inch deep layer of sand 84 (1/2 mm particle diameter, specific gravity 2.65). A perforated air line 85, connected to a pipe 47, extends longitudinally of each cell on top of media 80 (col. 3). Therefore, a common size of sand that would need to be filtered for preventing clogging in the modified apparatus of IS’329 would include .5mm sand. As a result, selecting the size of the opening of the geotextile sock (sheath) surrounding pipe of the modified apparatus of US’329 to be less than 0.5mm while still being large enough to pass water through would have been an obvious optimization of the size of the opening.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified apparatus of US’329 to include wherein the size of each of the plurality of openings of the tubular mesh screen section is less than 0.45mm because US’656 teaches the size of the opening of the geotextile sock (sheath) surrounding pipe of the modified apparatus of US’329 should be less than 0.5mm while still being large enough to pass water through and it is not inventive to discover the optimum or workable ranges by routine experimentation, see MPEP 2144.05.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over US’329 as applied to claim 1 above, and further in view of Cochrane US 4,211,656 (US’656).
Regarding claim 5, US’329 teaches the apparatus for preventing clogging according to claim 1.
US’329 does not teach wherein: (a) said underdrain anti-clogging device is removable so that said underdrain anti- clogging device can be cleaned or replaced with a new underdrain anti-clogging device.
US’656 teaches filter and reactor systems for treating liquids including a backwashing system and a filter bed where the backwash enters the filter bean through screens (abstract, col. 4-5, fig. 2-4). Each drain 90 has two cylindrical screen elements 92, which extend from the ends of a PVC T-shaped center 94. Screens 92 are approximately four inches long and are made of stainless steel with openings sufficiently small to retain media 80. T-shaped centers 94 are removably connected to pipes 88 to allow for replacement of a drain 90 should it malfunction (col. 3). Therefore, the headers of US’329 correspond to the drain of US’656, and US’656 teaches that the apparatus of US’329 can be modified to make the headers removable to allow for replacement of the drain should it malfunction. Applicants recited “corresponding components” are not described to be any particular components and therefore can read on any components of the entire filter bed of US’329. Since US’656 teaches that the drain is replaceable, it would appear that any other corresponding structure, e.g. walls, pipes, etc. would be reused once the drain is replaced.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of US’329 to include wherein: (a) said underdrain anti-clogging device is removable so that said underdrain anti- clogging device can be cleaned or replaced with a new underdrain anti-clogging device because US’656 teaches it allows for replacement of parts should it malfunction and the court has held that if it were considered desirable for any reason to make pieces separable, it would be obvious to make the parts separable for that purpose, see MPEP 2144.04 V.C.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over US’329 as applied to claim 1 above, and further in view of Eades US 4,579,659 (US’659).
Regarding claim 6, US’329 teaches the apparatus for preventing clogging according to claim 1.
US’329 does not teach wherein: (a) said underdrain anti-clogging device is configured to be removable without removing any filter media of the filter bed and without altering any corresponding component to such an extent that any corresponding component cannot be reused after removal of said underdrain anti- clogging device.
US’659 teaches industrial filtration systems and in particular to an improved nozzle construction for use in multiple in a filtration system, such as a sand-filter underdrain system. An object is to provide such a nozzle with the capability of being removable with filter media in place. It has been explained that installation of described two-piece nozzles is a straightforward simple operation wherein the parts 30-31 are each introduced, in that order, through a tube-sheet aperture 33, and snap-locked in place. Removal is also simple, involving destruction and discard of a used lower half 31, thus freeing the upper half 30 for downward removal, so that it may be inspected, cleaned and reinserted for further service, a new lower half 31 being used to secure the inspected and cleaned upper half 30 in place. In the course of such removal for servicing, the filter bed 19 remains undisturbed, thus facilitating reinsertion for extended service. The discard of the used lower half 31 is of little economic concern, since it is an inexpensive simple part; on the other hand, the more complex and expensive upper half 30 is reinstalled for extended service (abstract, col. 1 and 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of US’329 to include wherein: (a) said underdrain anti-clogging device is configured to be removable without removing any filter media of the filter bed and without altering any corresponding component to such an extent that any corresponding component cannot be reused after removal of said underdrain anti- clogging device because US’659 teaches to configure an underdrain fluid passage to be removable without disturbing the filter bed to make cleaning, inspecting and reinstalling of the underdrain fluid passage simpler and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over US’329 as applied to claim 1 above, and further in view of Roberts US 2010/0282651 (US’651).
Regarding claim 7, US’329 teaches the apparatus for preventing clogging according to claim 1.
US’329 does not teach a) a first pressure sensor for sensing fluid pressure of a fluid exiting said underdrain anti- clogging device and a second pressure sensor for sensing fluid pressure of a fluid prior to entering said underdrain anti-clogging device.
US’651 teaches a method and apparatus for monitoring an underdrain in a filter system for filtering water or wastewater (abstract). The method uses two pressure sensors, gauge G, positioned at the bottom of the filter bed which monitors the cleaning fluid exiting the flume and sensor E monitoring the pressure before the cleaning fluid enters the flume. By obtaining pressure readings from pressure gauges E and G and flow rate from flow meter F, a differential pressure across underdrain 6 can be determined at a given fluid flow rate. This pressure differential can then be compared against a predetermined pressure differential at the same flow rate to determine if underdrain 6 is operating acceptably, determine if any obstructions are present and if the underdrain needs to be serviced. The second pressure gauge G permits the monitoring system to isolate the underdrain 6, i.e., the differential pressure obtained from the readings of gauges E and G is not affected by other components of the filter system, e.g., the filter bed 4 (para. 3-6, 11-14 and 27-30, see fig. 2). The teachings of US’651 can be applied to the apparatus of US’329 to monitor the performance of the header 48 to ensure proper performance and determine if any obstructions/trapped impurities are present that would deteriorate the header to an extent that it cannot trap impurities.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of US’329 to include a) a first pressure sensor for sensing fluid pressure of a fluid exiting said underdrain anti- clogging device and a second pressure sensor for sensing fluid pressure of a fluid prior to entering said underdrain anti-clogging device because US’651 teaches it can be used to indicate if the underdrain needs to be serviced and use of known technique to improve similar devices in the same way is obvious, see MPEP 2141 III (C).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over McDougald US 6,093,329 (US’329) in view of Haas US 4,808,024 (US’024).
Regarding claim 9, US’329 teaches a method for preventing clogging of an underdrain of an existing or new treatment unit having an underdrain and a filter bed for treating water or wastewater, said method comprising the steps of: providing an underdrain anti-clogging device (underdrain headers 48 having slots or apertures 44 about the circumference thereof which allow filtrate to enter, or backwash water to exit, the header, see fig. 1, col 4, the slots or apertures function as openings sized to allow a washing fluid to pass through while trapping impurities in the washing fluid describe in applicants specification, see page 13-14 of applicants filed specification, claim 1 does not defined the type of impurity or define any particular structure that prevents clogging, therefore any general structure that provides any type of limited opening, would read on the claim anti-clogging device provided)
operably associated with a washing fluid delivery member for directing washing fluid to the underdrain of the treatment unit to wash the filter bed of the treatment unit (ports 50 of the partition 22 are designed to be engaged by a backwash sealing shoe 52 which, in turn, connects to a main backwash pump 54 that backwashes the filter bed, abstract, col. 4-5 see fig. 1);
and, configuring said underdrain anti-clogging device to allow the washing fluid to pass through said underdrain anti-clogging device and into the underdrain while trapping impurities in the washing fluid to prevent the impurities in the washing fluid from entering or clogging the underdrain (the slots or apertures would perform the functions of openings sized to allow a washing fluid to pass through while trapping impurities in the washing fluid describe in applicants specification, see fig. 1, col 4, claim 1 does not defined the type of impurity or any particular structure that prevents clogging, further claim 1 does not require flowing a washing fluid through said underdrain, only a step of configuring the underdrain, therefore any general structure that provides any type of limited opening, would read on the claimed configuring of the underdrain anti-clogging device provided).
US’329 does not teach positioning the underdrain anti-clogging member below the underdrain the washing fluid to pass through said underdrain anti-clogging device and subsequently enter the underdrain disposed above the anti-clogging member.
US’024 teaches Underdrains in the form of perforate pipes, preferably covered with a geotextile sock as a filter, are disposed transversely to the lengthwise direction of the roadway in close proximity to faults, cracks, joints and other fissures in the roadway (abstract). FIG. 3 illustrates a method for installing an underdrain 21 according to the invention. According to this preferred embodiment of the invention, underdrains 21 comprise a plastic slotted pipe 23 having radially spaced-apart, lengthwise rows of slots 24 along the length thereof, and a geotextile sock (sheath) 25 surrounding pipe 23. Sock 25 acts as a filter for preventing particulate matter from entering pipe 23 and clogging it. Alternatively, however, sock 25 may be omitted, and pipe 23 may have slots 24 which are sufficiently small to effectively prevent particles of dirt, sand, or the like from entering pipe 23. Underdrain 21 is secured by a coupling 30 to a corresponding tailpiece 31 of a conventional ground piercing tool 32 (col 3-5). A geotextile sock (sheath) 25 surrounding a slotted pipe such as the underdrain header of US’329 would surround the header and reads on an anti-clogging member including at least a part located below the underdrain.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of US’329 to include positioning the underdrain anti-clogging member below the underdrain the washing fluid to pass through said underdrain anti-clogging device and subsequently enter the underdrain disposed above the anti-clogging member because US’024 teaches that it can be added to the underdrain header of US’329 to further prevent clogging for preventing particulate matter from entering pipe 23 and clogging it.
Claim(s) 10-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US’329 in view of US’024 as applied to claim 9 above, and further in view of Roberts US 2010/0282651 (US’651).
Regarding claims 10-11 and 13, the modified method of US’329 teaches the method for preventing clogging according to claim 10.
US’329 does not teach providing a first pressure sensor for sensing fluid pressure exiting said underdrain anti-clogging device; and, providing a second pressure sensor for sensing washing fluid pressure prior to entering said underdrain anti-clogging device, with regard to claim 10, during a washing cycle, monitoring said anti-clogging device by sensing fluid pressure exiting said underdrain anti-clogging device using said first pressure sensor and sensing washing fluid pressure prior to entering said underdrain anti-clogging device using said second pressure sensor, with regard to claim 11, positioning a flange of said anti-clogging device on an exterior of the treatment unit so that no portion of the flange is disposed in the treatment unit, with regard to claim 13.
US’651 teaches a method and apparatus for monitoring an underdrain in a filter system for filtering water or wastewater (abstract). The method uses two pressure sensors, gauge G, positioned at the bottom of the filter bed which monitors the cleaning fluid exiting the flume and sensor E monitoring the pressure before the cleaning fluid enters the flume. By obtaining pressure readings from pressure gauges E and G and flow rate from flow meter F, a differential pressure across underdrain 6 can be determined at a given fluid flow rate. This pressure differential can then be compared against a predetermined pressure differential at the same flow rate to determine if underdrain 6 is operating acceptably, determine if any obstructions are present and if the underdrain needs to be serviced. The second pressure gauge G permits the monitoring system to isolate the underdrain 6, i.e., the differential pressure obtained from the readings of gauges E and G is not affected by other components of the filter system, e.g., the filter bed 4 (para. 3-6, 11-14 and 27-30, see fig. 2). The teachings of US’651 can be applied to the method of US’329 to monitor the performance of the header 48 to ensure proper performance and determine if any obstructions/trapped impurities are present that would deteriorate the header to an extent that it cannot trap impurities.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of US’329 to include providing a first pressure sensor for sensing fluid pressure exiting said underdrain anti-clogging device; and, providing a second pressure sensor for sensing washing fluid pressure prior to entering said underdrain anti-clogging device, with regard to claim 10, during a washing cycle, monitoring said anti-clogging device by sensing fluid pressure exiting said underdrain anti-clogging device using said first pressure sensor and sensing washing fluid pressure prior to entering said underdrain anti-clogging device using said second pressure sensor, with regard to claim 11, positioning a flange of said anti-clogging device on an exterior of the treatment unit so that no portion of the flange is disposed in the treatment unit, with regard to claim 13 because US’651 teaches it can be used to indicate if the header needs to be serviced and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over US’329 in view of US’024 as applied to claim 9 above, and further in view of Eades US 4,579,659 (US’659).
Regarding claim 14, the modified method of US’329 teaches the method for preventing clogging according to claim 9.
US’329 does not teach the further step of detachably connecting said underdrain anti-clogging device to the new or existing treatment unit so that said underdrain anti-clogging device can be removed to be cleaned or replaced with a new underdrain anti-clogging device without removing any media of the filter bed of the treatment unit.
US’659 teaches industrial filtration systems and in particular to an improved nozzle construction for use in multiple in a filtration system, such as a sand-filter underdrain system. An object is to provide such a nozzle with the capability of being removable with filter media in place. It has been explained that installation of described two-piece nozzles is a straightforward simple operation wherein the parts 30-31 are each introduced, in that order, through a tube-sheet aperture 33, and snap-locked in place. Removal is also simple, involving destruction and discard of a used lower half 31, thus freeing the upper half 30 for downward removal, so that it may be inspected, cleaned and reinserted for further service, a new lower half 31 being used to secure the inspected and cleaned upper half 30 in place. In the course of such removal for servicing, the filter bed 19 remains undisturbed, thus facilitating reinsertion for extended service. The discard of the used lower half 31 is of little economic concern, since it is an inexpensive simple part; on the other hand, the more complex and expensive upper half 30 is reinstalled for extended service (abstract, col. 1 and 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method of US’329 to include the further step of detachably connecting said underdrain anti-clogging device to the new or existing treatment unit so that said underdrain anti-clogging device can be removed to be cleaned or replaced with a new underdrain anti-clogging device without removing any media of the filter bed of the treatment unit because US’659 teaches to configure an underdrain fluid passage to be removable without disturbing the filter bed to make cleaning, inspecting and reinstalling of the underdrain fluid passage simpler and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ross US 4,627,923 (US’923) in view of Haas US 4,808,024 (US’024).
Regarding claim 15, US’923 teaches a treatment unit for treating water or wastewater (a waste effluent filter, abstract), said treatment unit including: (a) a filter bed having one or more layers of filter media (filter bed FB, col 8, fig. 1); (b) an underdrain disposed below said filter bed (underdrain cavity C, see fig. 1, abstract, col. 8-9); (c) a compartment for housing said filter bed and said underdrain (tank 10, see fig. 1, col. 8-9); (d) a washing fluid delivery system for directing a washing fluid upwardly through the underdrain and said filter bed (valve V5 is opened causing the screen flushing system to operate. When this occurs, fluid is pumped through conduit 120 and valve V5 to inlet 78 of gullet 70. As shown in FIGS. 4 and 5, this causes a rapid flow of liquid through orifices 90, col. 13 see fig. 1); and, (e) an underdrain anti-clogging device operably associated with the washing fluid delivery system, said underdrain anti-clogging device being configured to allow the washing fluid to pass through said underdrain anti-clogging device and into the underdrain while trapping impurities in the washing fluid to prevent the impurities in the washing fluid from entering the underdrain (elongated conduit 76 extends the length of gullet 70 and has an inlet or outlet connection or first end 78 and converging side walls 80, 82 which face generally toward parallel side walls 72, 74 of double gullet 70. Each wall 80, 82 has a plurality of longitudinally spaced openings 90, see fig. 1-5, the openings 90 would perform the functions of openings sized to allow a washing fluid to pass through while trapping impurities in the washing fluid describe in applicants specification, see page 13-14 of applicants filed specification, claim 1 does not defined the type of impurity or define any particular structure that prevents clogging, therefore any general structure that provides any type of limited opening, would read on the claimed anti-clogging device. The examiner notes that allowing washing fluid to pass through while trapping impurities recites the intended use of the apparatus, and a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The apparatus of US’923 teaches an apparatus connected to a backwash fluid system that allows the backwash to pass through opening of the apparatus and therefore would be capable of performing the function. Since the claim is directed towards an apparatus, the apparatus is independent of the intended use).
US’923 does not teach said underdrain anti-clogging device having a tubular mesh screen section the washing fluid to pass through said tubular mesh screen section.
US’024 teaches Underdrains in the form of perforate pipes, preferably covered with a geotextile sock as a filter, are disposed transversely to the lengthwise direction of the roadway in close proximity to faults, cracks, joints and other fissures in the roadway (abstract). FIG. 3 illustrates a method for installing an underdrain 21 according to the invention. According to this preferred embodiment of the invention, underdrains 21 comprise a plastic slotted pipe 23 having radially spaced-apart, lengthwise rows of slots 24 along the length thereof, and a geotextile sock (sheath) 25 surrounding pipe 23. Sock 25 acts as a filter for preventing particulate matter from entering pipe 23 and clogging it. Alternatively, however, sock 25 may be omitted, and pipe 23 may have slots 24 which are sufficiently small to effectively prevent particles of dirt, sand, or the like from entering pipe 23. Underdrain 21 is secured by a coupling 30 to a corresponding tailpiece 31 of a conventional ground piercing tool 32 (col 3-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of US’932 to include positioning the underdrain anti-clogging member below the underdrain the washing fluid to pass through said underdrain anti-clogging device and subsequently enter the underdrain disposed above the anti-clogging member because US’024 teaches that it can be added to the underdrain to further prevent clogging for preventing particulate matter from entering and clogging the underdrain.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over US’923 in view of US’024 as applied to claim 15 above, and further in view of Roberts US 2010/0282651 (US’651).
Regarding claim 18, US’923 teaches the apparatus for preventing clogging according to claim 15.
US’923 does not teach (a) a first pressure sensor for sensing pressure of a fluid exiting said underdrain anti- clogging device, said first pressure sensor being disposed in a flume of said treatment unit below said underdrain.
US’651 teaches a method and apparatus for monitoring an underdrain in a filter system for filtering water or wastewater (abstract). The apparatus includes tow pressure gauges, one, gauge G, positioned at the bottom of the filter bed and one, sensor E. connected to supply line D to measure the pressure of the washing fluid. By obtaining pressure readings from pressure gauges E and G and flow rate from flow meter F, a differential pressure across underdrain 6 can be determined at a given fluid flow rate. This pressure differential can then be compared against a predetermined pressure differential at the same flow rate to determine if underdrain 6 is operating acceptably. Further, the differential pressure can be used without regard to flow rate to determine if the underdrain needs to be serviced in a manner similar to that described in connection with the filter system depicted in FIG. 1. It should be noted that in is this embodiment the second pressure gauge G permits the monitoring system to isolate the underdrain 6, i.e., the differential pressure obtained from the readings of gauges E and G is not affected by other components of the filter system, e.g., the filter bed 4 (para. 28-30, see fig. 2). The apparatus of US’923 includes a pressure gauge measuring the fluid flow into the underdrain as taught by US’651, which corresponds to the fluid flow out of the conduit 76 of US’923.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of US’923 to include (a) a first pressure sensor for sensing pressure of a fluid exiting said underdrain anti- clogging device, said first pressure sensor being disposed in a flume of said treatment unit below said underdrain, with regard to claim 18 and further including: (a) a second pressure sensor for sensing pressure of a fluid supplied by the washing fluid delivery system prior to entering said underdrain anti-clogging device, with regard to claim 19 because US’651 teaches it can be used to indicate if the underdrain needs to be serviced and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over US’923 and US’024 in view of US’651 as applied to claim 18 above, and further in view of Cochrane US 4,211,656 (US’656).
Regarding claim 20, US’923 teaches the apparatus for preventing clogging according to claim 18.
The modified apparatus of US’923 does not teach wherein: (a) said first pressure sensor is connected to said underdrain anti-clogging device such that said first pressure sensor is removed when said underdrain anti-clogging device is removed.
US’656 teaches a filter and reactor systems for treating liquids including a backwashing system and a filter bed where the backwash enters the filter bean through screens (abstract, col. 4-5, fig. 2-4). Each drain 90 has two cylindrical screen elements 92, which extend from the ends of a PVC T-shaped center 94. Screens 92 are approximately four inches long and are made of stainless steel with openings sufficiently small to retain media 80. T-shaped centers 94 are removably connected to pipes 88 to allow for replacement of a drain 90 should it malfunction (col. 3). Therefore, the elongated conduit 76 of US’923 correspond to the drain of US’656, and US’656 teaches that the apparatus of US’923 can be modified to make the conduit and corresponding components removable to allow for replacement of the drain should it malfunction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified apparatus of US’923 to include wherein: (a) said first pressure sensor is connected to said underdrain anti-clogging device such that said first pressure sensor is removed when said underdrain anti-clogging device is removed because US’656 teaches it allows for replacement of structure should it malfunction and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Roberts US 2010/0282651 (US’651) in view of Geibel et al. US 2010/0237025 (US’025).
Regarding claim 21, US’651 teaches a method of monitoring, during a washing cycle, fluid pressure of a washing fluid prior to entering an underdrain of an existing or new treatment unit having an underdrain and a filter bed for treating water or wastewater (monitoring the underdrain of a filter system for filtering water or wastewater during operation of the filter that overcomes disadvantages, the underdrain directs and/or receives fluids during operation of various cycles of the filter system including the filtration cycle and the washing cycle, para. 3-6), said method comprising the steps of:(a) providing a pressure sensor in a flume or space below the underdrain to monitor a fluid pressure of a washing fluid during a washing cycle in which a washing fluid flows through the flume or space below the underdrain and into and through the underdrain (a flume 8 located below underdrain 6 that receives washing fluid during a washing cycle, pressure sensor E and/or I disposed below the underdrain or in the flume to measure pressure of the washing fluid, during a washing cycle, the washing liquid is introduced into flume 8 by supply line D. The washing liquid passes through the underdrain 6 which if working properly should evenly distribute the washing liquid throughout the filter bed 4 to ensure proper cleaning, see fig. 1 and 4, para. 26-29); (b) operably associating the pressure sensor with a controller (the pressure sensor E or I are connected to controller C, which receives pressure readings during the washing cycle via supply line D delivering washing fluid to flume 8 and evaluates those readings relative to system operation, see fig. 1-4, para. 28-30); and, (c) discontinuing the flow of the washing fluid to the flume or space below the underdrain when the pressure sensed by the pressure sensor exceeds a predetermined value to prevent damaging the underdrain (monitoring an underdrain in a filter system that permits data to be logged and used to determine when high pressure or high flow events occur during operation of a filter system thereby allowing potentially damaging event to be identified, when the pressure of the washing fluid is measured by sensor E and the flow rate of the fluid is measured by flow meter F these values can be compared to predetermined acceptable values to determine if the underdrain 6 is obstructed and can be used to determine if the underdrain may need to be shutdown for servicing, wherein the servicing of the underdrain would require discontinuing of the flow of the washing fluid (para. 3-6, 11-14 and 27-30).
US’651 does not teach a controller that controls the flow of the washing fluid to the flume or space below the underdrain.
US’025 teaches a controller operably connected to a pressure sensor to operate and regulate a cleaning liquid flow supplied to a flume or space below an underdrain during a cleaning operation. Pressure transmitters 102 positioned in the filter cell, including flume chamber 44 below underdrain system 26, which communicates pressure measurements to control device 100 (fig. 7, para, 69-70). Control device 100 is disclosed as translating sensed pressure into a corresponding cleaning liquid level and adjusting operation of pump 90 to regulate the flow rate of cleaning liquid supplied through delivery device conduit 59 into the flume chamber, thereby controlling the amount and rate of cleaning liquid introduced below the underdrain (fig. 7 para. 69). Controlling the flow rate and pressure of the cleaning fluid with the controller allows the cleaning liquid flow to be operated and adjusted to maintain desired operating conditions and prevent undesirable pressure states during cleaning (para. 69-70).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of US’651 to include a controller that controls the flow of the washing fluid to the flume or space below the underdrain because US’025 teaches controlling the flow of a cleaning liquid to an underdrain using a controller is well known for maintaining desired operating conditions and pressures and the court has held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art, see MPEP2144.04 III.
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 12 and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claims 17 and 19 depend from claim 16 and would be allowable as far as their dependence on claim 16.
Response to Amendment
Applicant has amended claim 11-13 to remove the abstract ideas previously recited. Therefore, the 101 rejection has been withdrawn.
Applicants’ amendments to claims 8 and 10-14 have overcome the 112 issues with 8 and 10-14 cited in the non-final mailed 1-28-26 therefore, they have been withdrawn.
Response to Arguments
Applicant's arguments filed 5-27-26 have been fully considered but they are not persuasive.
In response to applicant's argument that underdrain headers 48 of US’329 are the underdrain of US’329 and therefore cannot also read on the claimed underdrain anti-clogging device, and that no prior art suggest modifying headers 48 to be elements upstream of themselves, see pages 11-13 of remarks filed 5-27-26. The body of claim 1 recites “an underdrain anti-clogging device” of which the requirements are “configured to allow the washing fluid to pass through said underdrain anti-clogging device and into the underdrain while trapping impurities in the washing fluid” The opening of the header of US’329 allow fluid to flow through to the interior of the header which reads as the drain. The claim does not require a separate structure element to be an underdrain “an underdrain anti-clogging device” encompasses an underdrain configured to prevent clogs. Since there is no particular structure required of the drain itself it can read as - a hollow space within a pipe, or channel, that lets water or liquid waste flow away or as the opening to the underdrain header of US’329. As discussed in the non-final mailed 1-28-26, US’329 teaches underdrain headers 48 having slots or apertures 44 about the circumference thereof which allow filtrate to enter, or backwash water to exit, the header, see fig. 1, col 4, the slots or apertures would perform the functions of openings sized to allow a washing fluid to pass through while trapping impurities in the washing fluid describe in applicants specification, see page 13-14 of applicants filed specification, claim 1 does not defined the type of impurity or define any particular structure that prevents clogging, therefore any general structure that provides any type of limited opening, would read on the claim apparatus. Further applicants describes in page 11-13 of the filed specification reads “The term "underdrain" includes any structure designed to direct a washing fluid”. Given the lack of any structure required of the underdrain itself in claim 1 it can read on the interior section of the header of, the opening of the header of US’329 or any structure designed to direct the washing fluid in US’329.
Applicants’ arguments with regard to the teachings of McDougald and the amendments made to claim 15, see pages 14-15, have been considered but are moot due to the references not being relied on for teaching the additional feature.
In response to applicant's argument that Geibel et al. does not remotely recognize that pressure in the flume or space below the underdrain could damage the underdrain, see pages 16-17 of remarks filed. US’651 teaches the fine filter media can become lodged in various pores of the porous plate thereby preventing the washing fluid from passing through that portion of the porous plate. Accordingly, the washing fluid is not directed evenly through the filter bed inherently leading to shorter filtration cycles. This clogging problem can become so extensive over the porous plate that the pressure of the fluid immediately upstream of the porous plate becomes dangerously high causing the porous plate to lift off the underdrain necessitating the filter system to be shutdown for days or even months in extreme cases while this underdrain failure is corrected. Other problems are present in underdrains apart from the clogging problem described above. For example, underdrains are designed to operate within estimated hydraulic and/or structural capacities. Filter systems can be inadvertently operated at high flow rates where the pressure exerted on the underdrain by the fluid passing upwardly there through exceeds design capacity. This could lead to the underdrain lifting or otherwise failing (para. 4-5). If the measured pressure reading is exceeding or reaching the predetermined value, this would signal to an operator that a significant problem may exist. While pressure has been monitored to determine if underdrain 6 is performing in an acceptable manner, any diagnostic condition may be monitored that relates to the performance of underdrain 6. It is further noted that the location of pressure sensor E can vary. For example, the pressure sensor E could be located in flume 8. Further, the pressure readings may be logged and used to determine when high pressure or high flow events occur during operation of a filter system thereby allowing the root cause of the potentially damaging event to be identified (para. 28) Therefore, US’651 directly links the pressure reading to damage including underdrain lifting or otherwise failing. US’651 further teaches the pressure sensor E or I are connected to controller C, which receives pressure readings during the washing cycle via supply line D delivering washing fluid to flume 8 and evaluates those readings relative to system operation, see fig. 1-4, para. 27-30. Therefore, damage, lifting or otherwise failing of the underdrain is determined by the pressure measured in the flume by sensor I.
In response to applicant's argument, see pages 17-18, that Geibel et al. teaches away from the claimed step because control device never shuts off the pump regardless of how high the sensed pressure is, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). As discussed above, US’651 teaches a flume 8 located below underdrain 6 that receives washing fluid during a washing cycle, pressure sensor E and/or I disposed below the underdrain or in the flume to measure pressure of the washing fluid, during a washing cycle, the washing liquid is introduced into flume 8 by supply line D. The washing liquid passes through the underdrain 6 which if working properly should evenly distribute the washing liquid throughout the filter bed 4 to ensure proper cleaning, see fig. 1 and 4, para. 26-29. Monitoring an underdrain in a filter system that permits data to be logged and used to determine when high pressure or high flow events occur during operation of a filter system thereby allowing potentially damaging event to be identified, when the pressure of the washing fluid is measured by sensor E and the flow rate of the fluid is measured by flow meter F these values can be compared to predetermined acceptable values to determine if the underdrain 6 is obstructed and can be used to determine if the underdrain may need to be shutdown for servicing, wherein the servicing of the underdrain would require discontinuing of the flow of the washing fluid (para. 3-6, 11-14 and 27-30). Therefore, the step of flowing washing fluid and discontinuing flow is not required to be taught by Geibel. Geibel is only relied on for teaches that a controller can control the flow of the washing fluid, which is the automation of a manual activity. There is nothing unpredictable or nonobvious about using the controller capable of controlling pump operation generally of Geibel to perform the steps of Roberts to automate a manual process.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713
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