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 .
Claim Status
The Amendment filed on 15 January 2026 has been entered; claims 1-20 remain pending.
Response to Arguments
Applicant’s arguments, see Pages 9-10 of the Remarks, filed 15 January 2026, with respect to the objection to claim 11 and the rejection of claims 1-20 under 35 112(b) have been fully considered and are persuasive. The objection to claim 11 and the rejection of claims 1-20 under 35 112(b) have been withdrawn in light of Applicant’s amendments to the claims.
Applicant’s arguments, see Pages 10-19 of the Remarks, filed 15 January 2026, with respect to the rejections of claims 1-20 under 35 USC 103 have been fully considered and are persuasive regarding the Bogen reference and the amended limitations pertaining to the tube settling media. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 USC 103 over Hanna in view of Wegner and Bogusch et al. (U.S. Patent # 4783255), as discussed below in detail, and as necessitated by amendment.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al. (U.S. Patent Publication # 2013/0292342) in view of Wegner et al. (U.S. Patent Publication # 2008/0296232), and Bogusch et al. (U.S. Patent # 4783255), hereinafter “Hanna”, “Wegner”, and “Bogusch”.
With respect to claim 1, Hanna teaches a method and system for clarifying water (Abstract; Paragraphs [0020, 0070]), the method comprising:
a) passing the water through at least one reactor comprising at least one inlet and outlet and containing a first composition through which water flows (“configured for contacting the water with a first composition”) (Paragraphs [0020-0022, 0048-0052, 0070]), wherein the first composition comprises: i) a first polymer in a proportion of approximately 10% to 70% by weight (discrete range within “up to 70% by weight”) (Paragraph [0048]), il) an alkaline earth metal soluble salt (“a first soluble salt of a group IIA metal”) in a proportion of approximately 0.5 to 35% by weight (discrete range within “0.5% to 50% by weight”) (Paragraph [0048]), and iii) water, in a proportion to make up the balance of 100% weight (Paragraph [0048;
b) then passing the water from the at least one reactor into a primary clarifier (“settling tank”) (Abstract; Paragraphs [0023, 0024, 0070]);
c) then passing the water from the primary settling tank to a secondary clarifier (“settling tank”) (Abstract; Paragraphs [0023-0025, 0070, 0071, 0073]).
Hanna does not specifically teach that water is passed over a weir as recited.
Wegner teaches passing water over a weir on the side of a clarifier tank (Paragraph [0057]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to add the weir of Wegner to the primary clarifier tank of Hanna because Hanna teaches passing water from a clarifier as discussed above, and because Wegner teaches that decantation of water over the weir allows for gentle dewatering which avoids subjecting the flock to shear (Paragraph [0057]).
Hanna does not specifically teach d) then passing the water in the secondary clarifier settling tank up through a tube settling media onto a trough and then flowing the water into an outlet chamber, wherein the tube settling media comprises a plurality of sloped tubular channels disposed adjacent to each other.
Bogusch teaches passing water in a clarifier up through a tube settling media (see tubular passages 12 in Fig. 1) onto a trough (see Column 4, lines 19) and then flowing the water into an effluent collection compartment 16 (“an outlet chamber”), wherein the tube settling media comprises a plurality of sloped tubular passages (“channels”) disposed adjacent to each other (see Fig. 1; Column 3, line 58 through Column 4, line 27).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to add the tube settling media comprising passages 12 of Bogusch to the secondary clarifier of Hanna because Hanna teaches that the solids are settling in the secondary clarifier, and Bogusch teaches that the installation of tube settling media/tubular passages 12 into conventional clarifiers increases treatment capacity while maintaining an acceptable level of effluent quality with increased suspended solids removal (Column 4, lines 28-34).
In addition to the effluent collection compartment 16 (“an outlet chamber”) of Bogusch, Hanna teaches that the effluent from the secondary clarifier (which contains the tube settling media of Bogusch) passes to primary and secondary filters 09 and 10 (see Fig. 11 and Paragraph [0073] of Hanna), which could also be considered as “outlet chamber(s)”.
With respect to claim 2, Hanna in view of Wegner and Bogusch teaches that the outlet chamber (primary filter 09 and secondary filter 10 of Hanna) have at least one outlet port (see Hanna; Fig. 11; Paragraph [0073], wherein the water exits secondary filter 10 for disinfection unit 11).
With respect to claim 3, Hanna in view of Wegner and Bogusch teaches that the first composition is prepared by mixing the first soluble salt of a group IIA metal with the water first, and then adding the first polymer thereto (see Hanna: Paragraph [0051]).
With respect to claims 7-9, Hanna in view of Wegner and Bogusch teaches passing the water through a plurality of at least one reactor, wherein the plurality of the at least one reactors are arranged in series and/or parallel (see Hanna: Paragraphs [0015, 0062]).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al. (U.S. Patent Publication # 2013/0292342) in view of Wegner et al. (U.S. Patent Publication # 2008/0296232), and Bogusch et al. (U.S. Patent # 4783255) as applied to claim 1, and further in view of Baba et al. (U.S. Patent Publication # 2010/0219126), hereinafter “Hanna”, “Wegner”, “Bogusch”, and “Baba”.
With respect to claims 4-6, Hanna in view of Wegner and Bogusch does no specifically teach addition of a second composition as claimed in the primary settling tank.
Baba teaches intermittent addition of a coagulating composition, including addition within a sedimentation tank (Paragraph [0040]), comprising multiple additions of the same composition.
It would have been obvious to one of ordinary skill in the art to add the coagulant composition to the primary clarifier of Hanna as part of an intermittent coagulant dosing method as taught Baba (wherein the “second” composition is the same as the first composition) in order to optimize coagulant dosing obtain maximum setting and avoiding overdosing and excess sludge (see Baba: Paragraph [0040]).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al. (U.S. Patent Publication # 2013/0292342) in view of Wegner et al. (U.S. Patent Publication # 2008/0296232), and Bogusch et al. (U.S. Patent # 4783255) as applied to claim 1, and further in view of Wett et al. (U.S. Patent Publication # 2017/0081222), hereinafter “Hanna”, “Wegner”, “Bogusch”, and “Wett”.
With respect to claims 10 and 11, Hanna teaches circulating water taken from the primary settling tank with a pump and reintroducing it back into the primary settler/clarifier (see Paragraph [0073]; Fig. 11), but does not specifically teach an aeration manifold.
Wett teaches a an aeration grid with bubble diffuser (“aeration manifold”) within a clarifier (Paragraph [0026]).
It would have been obvious to one of ordinary skill in the art to add the aeration grid with bubble diffuser (“aeration manifold”) of Wett to the primary clarifier of Hanna because Wett teaches that aeration/oxidation feature of the disclosed clarifier allows for degradation of organic matter in sewage and its removal using reduced energy and compact infrastructure (Paragraph [0025]); the Examiner notes that Hanna is also directed to treatment of sewage/municipal wastewater (Abstract), and therefore would also be expected to share the same contaminants as the sewage of Wett.
Claims 12, 13, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al. (U.S. Patent Publication # 2013/0292342) in view of Wegner et al. (U.S. Patent Publication # 2008/0296232) and Bogusch et al. (U.S. Patent # 4783255), hereinafter “Hanna”, “Wegner”, and “Bogusch”.
With respect to claim 12, Hanna teaches a system for clarifying water (Abstract; Paragraphs [0020, 0070]; Fig. 11), the system comprising:
a) at least one reactor comprising at least one inlet and outlet and containing a first composition through which water flows (“configured for contacting the water with a first composition”) (Paragraphs [0020-0022, 0048-0052, 0059, 0070]), wherein the first composition comprises: i) a first polymer in a proportion of approximately 10% to 70% by weight (discrete range within “up to 70% by weight”) (Paragraph [0048]), il) an alkaline earth metal soluble salt (“a first soluble salt of a group IIA metal”) in a proportion of approximately 0.5 to 35% by weight (discrete range within “0.5% to 50% by weight”) (Paragraph [0048]), and iii) water, in a proportion to make up the balance of 100% weight (Paragraph [0048;
b) a primary clarifier configured to receive water from the reactor (“settling tank operatively coupled to the outlet of the at least one reactor”) (Abstract; Paragraphs [0023, 0024, 0070]);
c) a secondary clarifier (“settling tank”) (Abstract; Paragraphs [0023-0025, 0070, 0071, 0073]);
and primary filter 09, secondary filter 10, and sludge dewatering tank 07A (see Paragraph [0073]; Fig. 11), each of which receive either clarified water or sludge from the second clarifier (“settling tank”), and are considered to meet the limitation “outlet chamber”.
Hanna does not specifically teach d) a weir as recited.
Wegner teaches passing water over a weir on the side of a clarifier tank (Paragraph [0057]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to add the weir of Wegner to the primary clarifier tank of Hanna because Hanna teaches passing water from a clarifier as discussed above, and because Wegner teaches that decantation of water over the weir allows for gentle dewatering which avoids subjecting the flock to shear (Paragraph [0057]).
Hanna does not specifically teach e) a tubular settling media as recited.
Bogusch teaches passing water in a clarifier up through a tube settling media (see tubular passages 12 in Fig. 1) onto a trough (see Column 4, lines 19) and then flowing the water into an effluent collection compartment 16 (“an outlet chamber”), wherein the tube settling media comprises a plurality of sloped tubular passages (“channels”) disposed adjacent to each other (see Fig. 1; Column 3, line 58 through Column 4, line 27).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to add the tube settling media comprising passages 12 of Bogusch to the secondary clarifier of Hanna because Hanna teaches that the solids are settling in the secondary clarifier, and Bogusch teaches that the installation of tube settling media/tubular passages 12 into conventional clarifiers increases treatment capacity while maintaining an acceptable level of effluent quality with increased suspended solids removal (Column 4, lines 28-34).
In addition to the effluent collection compartment 16 (“an outlet chamber”) of Bogusch, Hanna teaches that the effluent from the secondary clarifier (which contains the tube settling media of Bogusch) passes to primary and secondary filters 09 and 10 (see Fig. 11 and Paragraph [0073] of Hanna), which could also be considered as “outlet chamber(s)”.
With respect to claim 13, Hanna in view of Wegner, and Bogusch teaches that the first composition is prepared by mixing the first soluble salt of a group IIA metal with the water first, and then adding the first polymer thereto (see Hanna: Paragraph [0051]).
With respect to claims 18-20, Hanna in view of Wegner and Bogusch teaches passing the water through a plurality of the at least one reactor, wherein the plurality of the at least one reactors are arranged in series and/or parallel (see Hanna: Paragraphs [0015, 0062]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al. (U.S. Patent Publication # 2013/0292342) in view of Wegner et al. (U.S. Patent Publication # 2008/0296232) and Bogusch et al. (U.S. Patent # 4783255) as applied to claim 12, and further in view of Wett et al. (U.S. Patent Publication # 2017/0081222), hereinafter “Hanna”, “Wegner”, “Bogusch”, and “Wett”.
With respect to claim 14, Hanna teaches circulating water taken from the primary settling tank with a pump and reintroducing it back into the primary settler/clarifier (see Paragraph [0073]; Fig. 11), but does not specifically teach an aeration manifold.
Wett teaches a an aeration grid with bubble diffuser (“aeration manifold”) within a clarifier (Paragraph [0026]).
It would have been obvious to one of ordinary skill in the art to add the aeration grid with bubble diffuser (“aeration manifold”) of Wett to the primary clarifier of Hanna because Wett teaches that aeration/oxidation feature of the disclosed clarifier allows for degradation of organic matter in sewage and its removal using reduced energy and compact infrastructure (Paragraph [0025]); the Examiner notes that Hanna is also directed to treatment of sewage/municipal wastewater (Abstract), and therefore would also be expected to share the same contaminants as the sewage of Wett.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al. (U.S. Patent Publication # 2013/0292342) in view of Wegner et al. (U.S. Patent Publication # 2008/0296232) and Bogusch et al. (U.S. Patent # 4783255) as applied to claim 12, and further in view of Baba et al. (U.S. Patent Publication # 2010/0219126), hereinafter “Hanna”, “Wegner”, “Bogusch”, and “Baba”.
With respect to claims 15-17, Hanna in view of Wegner and Bogusch do no specifically teach addition of a second composition as claimed in the primary settling tank.
Baba teaches intermittent addition of a coagulating composition, including addition within a sedimentation tank (Paragraph [0040]), comprising multiple additions of the same composition.
It would have been obvious to one of ordinary skill in the art to add the coagulant composition to the primary clarifier of Hanna as part of an intermittent coagulant dosing method as taught Baba (wherein the “second” composition is the same as the first composition) in order to optimize coagulant dosing obtain maximum setting and avoiding overdosing and excess sludge (see Baba: Paragraph [0040]).
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 CLARE M PERRIN whose telephone number is (571)270-5952. The examiner can normally be reached 9AM-6PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bob Ramdhanie can be reached at (571) 270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLARE M. PERRIN/
Primary Examiner
Art Unit 1779
/CLARE M PERRIN/Primary Examiner, Art Unit 1779 05 May 2026
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