Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of Group II (Claims 7-8) in the reply filed on September 09, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-6 and 9-20 have been canceled, and new claims 21-38 have been added.
Priority
Applicant’s claim for the benefit of a prior-filed application (which has PRO 63/266,221, filed December 30, 2021) under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Objections
Claim 21 objected to because of the following informalities:
The phrase “...and the second outlet is positioned...” should be corrected to read “...and wherein the second outlet is positioned...” to maintain parallel “wherein” structure across both positional clauses.
Claim 35 objected to because of the following informalities:
The phrase “...further comprising brine refill line...” should be corrected to read “...further comprising a brine refill line...” to insert the missing article.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 7-31, and 33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation “a second channel in fluid communication with the first inlet.”. The limitation is confusing because it contradicts with the inlet to channel mapping disclosed in the instant Specification. The Specification maps first inlet 142 and first outlet 152 to first channel 160, and maps second inlet 144 and second outlet 154 to second channel 170 (¶¶[0078]–[0079]). Accordingly, the claim is indefinite. Claims 8 and 21–31 depend on claim 7 and are similarly rejected by virtue of dependency.
Claim 33 recites the limitation “a second channel in fluid communication with the first inlet.” The limitation contradicts with the inlet to channel mapping disclosed in the instant Specification. The Specification maps first inlet 142 and first outlet 152 to first channel 160, and maps second inlet 144 and second outlet 154 to second channel 170 (¶¶[0078]–[0079]). Accordingly, the claim is indefinite.
Claim Rejections - 35 USC § 102 / § 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 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.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
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.
Claims 7-8, 21-23, and 29-30 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over HELLENBRAND et al. (US20160289086A1, hereinafter HELLENBRAND).
Regarding Claims 7 and 8, HELLENBRAND discloses automatic water management and the use of cation exchange water softeners to remove hard water ions, such as calcium and magnesium, and replace them with sodium ions (¶¶[0002]–[0003]).
During the water softening phase, the controller connects the first flow passage to the raw water inlet port 101 (i.e., a first inlet) and the second flow passage to the soft water outlet port 107 (i.e., a first outlet). Hard raw water 110 enters through port 101 into the top portion 104 of tank 102, flows downward through the resin bed 120, and softened water 111 exits through the internal discharge tube 108 (i.e., a conduit) and out through port 107 (¶[0043]).
A cation exchange water softener 100 includes a tank 102, a bed of resin beads 120 located in a middle region 105 of the tank, a first flow passage that admits fluid into a top region 104 of the tank, and an internal discharge tube 108 that extends from a bottom region 106 through the top region 104 and defines a second flow passage through the first flow passage (¶[0039]).
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FIG.1 of HELLENBRAND
Regarding Claim 21, HELLENBRAND discloses the water softener apparatus of Claim 7. FIGS. 1–9 illustrate the water softener head, where the raw water inlet port 101 is connected to a raw water supply, the regenerant solution inlet tube 103 (i.e., a second inlet) is connected to a regenerant solution storage tank, the soft water outlet port 107 is connected to the building’s soft water supply pipes, and the external discharge tube 109 (i.e., a second outlet) is connected to a waste line (¶[0040]).
Although HELLENBRAND does not explicitly disclose “the second inlet is positioned below and substantially parallel to the first inlet” and “the second outlet is positioned below and substantially parallel to the first outlet,” FIGS. 1 illustrate the regenerant solution inlet tube 103 below and substantially parallel to the raw water inlet port 101, and the external discharge tube 109 below and substantially parallel to the soft water outlet port 107. A person of ordinary skill in the art would find it obvious to arrange the four ports in a compact, parallel, and stacked configuration for plumbing convenience, as this is a mere rearrangement of parts that produces no new or unexpected result (In re Japikse, 181 F.2d 1019, 1023; 1950).
Regarding Claim 22, HELLENBRAND discloses the water softener apparatus of Claim 7. HELLENBRAND discloses a controller provided with an executable recapture protocol and operably connected to a plurality of controllable multi-way valves (i.e., a first valve; a second valve), each responsive to signals from the controller and operable between a first position connecting an input to a first output, and a second position connecting the input to a second output (¶[0013]).
The controller monitors the current drawn by a motorized alternating valve, and when the valve reaches the end of its travel, the resulting increased load causes the motor to draw additional current. This increase is sensed by the controller and interpreted as an indication that the valve has reached a defined position, at which point the controller removes the drive signal to de-energize the valve (¶¶[0099], [0102]).
Regarding Claim 23, HELLENBRAND discloses the water softener apparatus of Claim 22. HELLENBRAND discloses that the downstream soft water distribution system is not completely cut off from the raw water supply during the regeneration cycle. The water conditioning controller uses a bypass passage to connect the raw water port 101 directly to the downstream soft water outlet port 107, allowing unprocessed hard water to flow through to the outlet (¶[0050]).
Regarding Claim 29, HELLENBRAND discloses the water softener apparatus of Claim 22. HELLENBRAND discloses that the controllable multi-way valves are operable between a first position connecting an input from the water processing system to a first output, and a second position connecting the input to a second output (¶[0013]).
When the motorized alternating valve is to be moved from the first position (i.e., open) to the second position (i.e., close), the controller applies a drive signal to one wire and connects the other to ground, causing the valve to rotate. The controller monitors the current drawn by the valve motor, and when the current increases due to the valve reaching its stop, the controller interprets this as the valve reaching the second position and removes the drive signal (¶¶[0101]–[0102]).
Regarding Claim 30, HELLENBRAND discloses the water softener apparatus of Claim 22. HELLENBRAND discloses that the controller monitors the amount of current drawn by the three-way valves 230, 240, and 260. When the valve motor reaches an end of travel, indicating it has fully moved to the first or second position, the current increases sharply. The controller detects this increase and treats it as a signal to de-energize the valve. The controller also includes a timer that tracks the time from valve initiation to end of travel and uses this timing to detect faults if the valve takes too long to actuate (¶[0105]).
Claims 24-28, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over HELLENBRAND as applied to claim 22 above, and further in view of CHANDLER (US20140013839A1).
Regarding Claims 24–28, HELLENBRAND makes obvious the water softener apparatus of Claim 22. However, HELLENBRAND does not explicitly disclose Claim 24, “wherein a brine refill line is provided in fluid communication with the product line and a brine tank”; Claim 25, “wherein the brine tank is in fluid communication with the first inlet via a brine injection line”; Claim 26, “wherein the brine injection line is in fluid communication with the hard water line”; Claim 27, “wherein a waste line is provided in fluid communication with the product line”; nor Claim 28, “wherein the controller is configured to receive an instruction from a user to change one or more operating parameters of the water softener apparatus.”
CHANDLER discloses a similar water softener apparatus employing ion exchange to remove calcium and other minerals from untreated water. As the hard water passes through a resin-filled tank, calcium and other ions are exchanged with sodium ions in the resin, thereby softening the water (¶[0002]).
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FIG. 1 of CHANDLER
A brine valve 140 is mounted in a bore 142 of the valve body 56 and connected to an external port 144 leading to a brine line 146 that communicates with the brine tank 34. A flow control assembly 216 is positioned within the brine port 144. The brine tank 34 includes a pump 240 located in a riser tube 242, with a flexible tube 246 extending from the pump outlet to the brine port 144. The tube 246 provides bidirectional flow, delivering brine to the resin tank and returning treated water to the brine tank (i.e., “a brine refill line is provided in fluid communication with the product line and a brine tank”; Claim 24; ¶¶[0082]–[0083], [0085]–[0086]).
In the regenerate position, untreated water enters the untreated water inlet orifice 274 and flows into injector control valve 280 and through injector nozzle 282 to draw brine from the brine tank 34 via brine port 144 into the distribution tube 55 (i.e., “the brine tank is in fluid communication with the first inlet via a brine injection line”; Claim 25; ¶[0122]).
In the service position, untreated water enters through inlet orifice 274 (i.e., “the first inlet”) at the top of the resin tank 32, passes through the resin bed, and exits through distribution tube 55 to outlet orifice 276 and into treated water line 40. The brine valve 140 remains closed, preventing flow to or from the brine tank 34 (¶[0126]).
An untreated water line 672 is fluidly connected to a venturi injector 674 located at the external port 144 of a water valve 676. When the controller 126 signals the water valve 676 to open, drive water flows from the untreated water line 672 through port 144, outlet 631, and passage B to the drive water line 614. The drive water enters the nozzle 606 of the venturi injector 602 and draws brine into the stream, which flows through the brine line 618 into the resin tank 32. This process repeats in pulses until the brine is depleted or a preset time or volume is reached (i.e., “the brine injection line is in fluid communication with the hard water line”; Claim 26; ¶¶[0150]–[0152]).
In the rapid rinse position, the untreated water inlet orifice 274 is connected to the treated water outlet orifice 276 and the top opening 54 of the tank 702. The distribution tube 55 is connected to the drain port 60, forming a flow path from the outlet to the drain (i.e., “a waste line is provided in fluid communication with the product line”; Claim 27; ¶[0174]).
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FIG. 19 of CHANDLER
The control module 124 includes function buttons 364 and a mechanical indicator dial 366 that can be used to set the time of certain operations in the water softener. Alternatively, an electronic timer may be provided for the same purpose (i.e., “the controller is configured to receive an instruction from a user to change one or more operating parameters of the water softener apparatus”; Claim 28; ¶[0138]).
A person skilled in the art, starting from HELLENBRAND’s externally plumbed softener, would be motivated to incorporate the internal injector-driven tank head of CHANDLER to improve regeneration efficiency, as CHANDLER’s configuration can reduce the amount of water and salt needed to regenerate the resin bed (¶[0144]) and operates by delivering only the predetermined amount of brine needed to fully charge the resin (¶[0152]). A person skilled in the art would further recognize that CHANDLER’s valve state configuration allows direct outlet-to-drain rinsing, which simplifies system plumbing and enables more efficient cycle transitions (¶[0174]).
Therefore, it would have been obvious to a person having ordinary skill in the art, prior to the effective filing date of the claimed invention, to incorporate brine refill plumbing, injector control structure, and valve-based outlet-to-drain routing, as disclosed by CHANDLER, into the water softener apparatus by HELLENBRAND.
Regarding Claim 31, modified HELLENBRAND makes obvious the water softener apparatus of Claim 28. HELLENBRAND discloses three operating parameters of the system. Valve position is provided through operation of motorized alternating valves between a first position and a second position (¶[0101]). A time period is provided by a timer that tracks the time from valve initiation to end of travel to detect faults (¶[0105]). A conductivity level or sodium level is provided by reclaim control based on the concentration of soft water ions (¶[0111]).
Claims 32-34 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HELLENBRAND.
Regarding Claims 32-34 and 36, HELLENBRAND discloses automatic water management and the use of cation exchange water softeners to remove hard water ions, such as calcium and magnesium, and replace them with sodium ions (¶¶[0002]–[0003]).
A controller provided with an executable recapture protocol and operably connected to a plurality of controllable multi-way valves (i.e., a first valve; a second valve), each responsive to signals from the controller and operable between a first position connecting an input to a first output, and a second position connecting the input to a second output (¶[0013]).
A cation exchange water softener 100 includes a tank 102, a bed of resin beads 120 located in a middle region 105 of the tank, a first flow passage that admits fluid into a top region 104 of the tank, and an internal discharge tube 108 (i.e., a conduit) that extends from a bottom region 106 through the top region 104 and defines a second flow passage through the first flow passage (¶[0039]).
During the water softening phase, the controller connects the first flow passage to the raw water inlet port 101 (i.e., a first inlet) and the second flow passage to the soft water outlet port 107 (i.e., a first outlet). Hard raw water 110 enters through port 101 into the top portion 104 of tank 102, flows downward through the resin bed 120, and softened water 111 exits through the internal discharge tube 108 (i.e., a conduit) and out through port 107 (¶[0043]).
The downstream soft water distribution system is not completely cut off from the raw water supply during the regeneration cycle. The water conditioning controller uses a bypass passage to connect the raw water port 101 directly to the downstream soft water outlet port 107, allowing unprocessed hard water to flow through to the outlet (¶[0050]).
The controller monitors the current drawn by a motorized alternating valve, and when the valve reaches the end of its travel, the resulting increased load causes the motor to draw additional current. This increase is sensed by the controller and interpreted as an indication that the valve has reached a defined position, at which point the controller removes the drive signal to de-energize the valve (¶¶[0099], [0102]).
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over HELLENBRAND as applied to claim 32 above, and further in view of CHANDLER.
Regarding Claim 35, HELLENBRAND discloses the water softener apparatus of Claim 32. However, HELLENBRAND does not explicitly disclose “a brine refill line in fluid communication with the product line and a brine tank.”
CHANDLER discloses a similar water softener apparatus employing ion exchange to remove calcium and other minerals from untreated water. As the hard water passes through a resin-filled tank, calcium and other ions are exchanged with sodium ions in the resin, thereby softening the water (¶[0002]).
A brine valve 140 is mounted in a bore 142 of the valve body 56 and connected to an external port 144 leading to a brine line 146 that communicates with the brine tank 34. A flow control assembly 216 is positioned within the brine port 144. The brine tank 34 includes a pump 240 located in a riser tube 242, with a flexible tube 246 extending from the pump outlet to the brine port 144. The tube 246 provides bidirectional flow, delivering brine to the resin tank and returning treated water to the brine tank (i.e., “a brine refill line is provided in fluid communication with the product line and a brine tank”; ¶¶[0082]–[0083], [0085]–[0086]).
A person skilled in the art, starting from HELLENBRAND’s externally plumbed softener, would be motivated to incorporate CHANDLER’s brine refill plumbing to enable controlled brine return using treated water from the product line. CHANDLER improves regeneration efficiency by reducing the total amount of water and salt needed to recharge the resin bed (¶[0144]) and by delivering only the required volume of brine needed to fully regenerate the softening media (¶[0152]).
Therefore, it would have been obvious to a person having ordinary skill in the art, prior to the effective filing date of the claimed invention, to incorporate brine refill plumbing, as disclosed by CHANDLER, into the water softener apparatus by HELLENBRAND.
Claims 37 and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HELLENBRAND.
Regarding Claims 37 and 38, HELLENBRAND discloses automatic water management and the use of cation exchange water softeners to remove hard water ions, such as calcium and magnesium, and replace them with sodium ions (¶¶[0002]–[0003]).
A controller provided with an executable recapture protocol and operably connected to a plurality of controllable multi-way valves (i.e., a first valve; a second valve), each responsive to signals from the controller and operable between a first position connecting an input to a first output, and a second position connecting the input to a second output (¶[0013]).
A cation exchange water softener 100 includes a tank 102, a bed of resin beads 120 located in a middle region 105 of the tank, a first flow passage that admits fluid into a top region 104 of the tank, and an internal discharge tube 108 (i.e., a conduit) that extends from a bottom region 106 through the top region 104 and defines a second flow passage through the first flow passage (¶[0039]).
During the water softening phase, the controller connects the first flow passage to the raw water inlet port 101 (i.e., a first inlet) and the second flow passage to the soft water outlet port 107 (i.e., a first outlet). Hard raw water 110 enters through port 101 into the top portion 104 of tank 102, flows downward through the resin bed 120, and softened water 111 exits through the internal discharge tube 108 (i.e., a conduit) and out through port 107 (¶[0043]).
The downstream soft water distribution system is not completely cut off from the raw water supply during the regeneration cycle. The water conditioning controller uses a bypass passage to connect the raw water port 101 directly to the downstream soft water outlet port 107, allowing unprocessed hard water to flow through to the outlet (¶[0050]).
When the motorized alternating valve is to be moved from a first position to a second position, the controller applies a drive signal to one wire and connects the other to ground, causing the valve to rotate. The controller monitors the current drawn by the valve, and when the valve reaches the second position, the resulting increased load causes the motor to draw additional current. This increase is sensed by the controller and interpreted as an indication that the valve has reached a defined position, at which point the controller removes the drive signal (¶¶[0101]–[0102]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAK L. CHIU whose telephone number is (703)756-1059. The examiner can normally be reached M-F: 9:00am - 6:00pm (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, VICKIE Y KIM can be reached at (571)272-0579. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAK L CHIU/Examiner, Art Unit 1777
/VICKIE Y KIM/Supervisory Patent Examiner, Art Unit 1777
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