DETAILED ACTION
Status of Claims:
Claims 1-12 are pending.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,731,890. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 1:
The claims of the patent disclose the septic system, comprising: a septic tank having: a plurality of compartments; a tank inlet configured to receive untreated wastewater; a tank outlet configured to discharge at least partially treated wastewater; and a plurality of passages within the septic tank arranged and configured to transmit a flow of wastewater between the tank inlet and tank outlet (see claims 1 and 19) while initiating at least four nitrogenation-denitrogenation cycles in the flow of wastewater, in which each cycle includes a period during which aerobic bacteria is predominant, operating to decompose organic material in the flow of wastewater while depleting oxygen and releasing free nitrogen in the flow of wastewater, and a period during which anaerobic bacteria is predominant, operating to decompose organic material while depleting the free nitrogen in the flow of wastewater (see claims 23 and 24).
Regarding Claim 2:
The claims of the patent disclose the septic system of claim 1, wherein the plurality of passages includes: a first vault positioned within one of the plurality of compartments and configured to receive the flow of wastewater at a level near a fluid surface level within the septic tank; a first flow inducer positioned within the one of the plurality of compartments and configured to receive the flow of wastewater from the first vault at a level near a bottom of the septic tank and to release the flow of wastewater into a main volume of the one of the plurality of compartments at a level near the fluid surface level; and a second vault positioned within the one of the plurality of compartments and configured to receive the flow of wastewater from the main volume of the one of the plurality of compartments at a level near the bottom of the septic tank (see claim 1).
Regarding Claim 3:
The claims of the patent disclose the septic system of claim 2, wherein the plurality of passages includes: a third vault positioned within a second of the plurality of compartments and configured to receive the flow of wastewater from the second vault at a level near the fluid surface level; a second flow inducer positioned within the second of the plurality of compartments and configured to receive the flow of wastewater from the third vault at a level near the bottom of the septic tank and to release the flow of wastewater into a main volume of the second of the plurality of compartments at a level near the fluid surface level; and a fourth vault positioned within the second of the plurality of compartments and configured to receive the flow of wastewater from the main volume of the second of the plurality of compartments at a level near the bottom of the septic tank and to discharge the flow of wastewater from the septic tank via the tank outlet (see claim 5).
Regarding Claim 4:
The claims of the patent disclose the method for treating wastewater, comprising: introducing a stream of wastewater into a first compartment of a septic tank via a tank inlet; initiating a first nitrogenation-denitrogenation cycle by directing the stream of wastewater from the tank inlet toward a bottom of the septic tank within a first compartment of the septic tank ;initiating a second nitrogenation-denitrogenation cycle by reoxygenating the stream of wastewater in a first passage near a fluid surface level within the septic tank and directing the stream of wastewater from the first passage toward the bottom of the septic tank within a first vault positioned within the septic tank; transmitting the stream of wastewater from the first vault to a first flow inducer and toward the fluid surface level within first flow inducer; reoxygenating the stream of wastewater by discharging the stream of wastewater from the first flow inducer into a main volume of a second compartment of the septic tank at a level near the fluid surface level; initiating a third nitrogenation-denitrogenation cycle by directing the stream of wastewater in the main volume of the second compartment toward the bottom of the septic tank; initiating a fourth nitrogenation-denitrogenation cycle by reoxygenating the stream of wastewater in a second passage near the fluid surface level and directing the stream of wastewater from the second passage toward the bottom of the septic tank within a second vault positioned within the septic tank (see claims 1, 19, 23, and 24).
Regarding Claim 5:
The claims of the patent disclose the method of claim 4, comprising: directing the stream of wastewater from the main volume of the second compartment into a third vault and toward the fluid surface level; and transmitting the stream of wastewater from the third vault to the second vault via the second passage (see claims 5 and 19).
Regarding Claim 6:
The claims of the patent disclose the method of claim 4, comprising: transmitting the stream of wastewater from the second vault to a second flow inducer and toward the fluid surface level within a second flow inducer; and reoxygenating the stream of wastewater by discharging the stream of wastewater from the second flow inducer into a main volume of a third compartment of the septic tank at a level near the fluid surface level (see claim 5, 14).
Regarding Claim 7:
The claims of the patent disclose the method of claim 6, comprising initiating a fifth nitrogenation- denitrogenation cycle by directing the stream of wastewater in the main volume of the third compartment toward the bottom of the septic tank (see claim 16). The same flow through compartments are disclosed, therefore the same cycles will be initiated.
Regarding Claim 8:
The claims of the patent disclose the method of claim 7, comprising: directing the stream of wastewater from the main volume of the third compartment into a fourth vault and toward the fluid surface level; and discharging the stream of wastewater from the septic tank via a tank outlet coupled to the fourth vault (see claims 5 and 6).
Regarding Claim 9:
The claims of the patent disclose the method for retrofitting a septic tank, comprising: positioning, in a working septic tank, a first vault configured to receive a flow of wastewater from a first compartment of the septic tank at a level near a fluid level of the septic tank; positioning, in the septic tank, a first flow inducer configured to receive the flow of wastewater from the first vault at a level near a bottom of the septic tank and to discharge the flow of wastewater into a main volume of a second compartment of the septic tank at a level near the fluid level of the septic tank (see claims 1 and 2). The claims do not explicitly refer to “retrofitting” however as the same structure is disclosed retrofitting would be obvious.
Regarding Claim 10:
The claims of the patent disclose the method of claim 9, comprising positioning, in the septic tank, a second vault configured to receive the flow of wastewater from the second compartment at a level near the bottom of the septic tank (see claim 1).
Regarding Claim 11:
The claims of the patent disclose the method of claim 10, comprising: positioning, in the septic tank, a third vault configured to receive the flow of wastewater from the second vault at a level near the fluid level of the septic tank; positioning, in the septic tank, a second flow inducer configured to receive the flow of wastewater from the third vault at a level near the bottom of the septic tank and to discharge the flow of wastewater into a main volume of a third compartment of the septic tank at a level near the fluid level of the septic tank (see claim 5).
Regarding Claim 12:
The claims of the patent disclose the method of claim 11, comprising: positioning, in the septic tank, a second vault configured to receive the flow of wastewater from the third compartment at a level near the bottom of the septic tank, and coupled to a tank outlet of the septic tank at a level near the fluid level of the septic tank (see claim 1).
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 1-3 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.
Regarding Claim 1:
The claim states “configured to receive untreated wastewater” and “transmit a flow of wastewater”. It is not clear if these are the same or different wastewater streams.
The remaining claims are rejected as they depend from an indefinite claim.
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) 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US 2015/0239761).
Regarding Claim 9:
Smith teaches the method for retrofitting a septic tank, comprising: positioning, in a working septic tank, a first vault configured to receive a flow of wastewater from a first compartment of the septic tank at a level near a fluid level of the septic tank; positioning, in the septic tank (chambers are present, therefore they have been positioned) (see para. 0009), a first flow inducer configured to receive the flow of wastewater from the first vault at a level near a bottom of the septic tank and to discharge the flow of wastewater into a main volume of a second compartment of the septic tank at a level near the fluid level of the septic tank (see fig. 1 annotated below).
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Regarding Claim 10:
Smith teaches the method of claim 9, comprising positioning, in the septic tank, a second vault configured to receive the flow of wastewater from the second compartment at a level near the bottom of the septic tank (see fig. 2, annotated above).
Regarding Claim 11:
Smith teaches the method of claim 10, comprising: positioning, in the septic tank, a third vault configured to receive the flow of wastewater from the second vault at a level near the fluid level of the septic tank; positioning, in the septic tank, a second flow inducer configured to receive the flow of wastewater from the third vault at a level near the bottom of the septic tank and to discharge the flow of wastewater into a main volume of a third compartment of the septic tank at a level near the fluid level of the septic tank (see Fig. 2, annotated above).
Regarding Claim 12:
Smith teaches the method of claim 11, comprising: positioning, in the septic tank, a second vault configured to receive the flow of wastewater from the third compartment at a level near the bottom of the septic tank, and coupled to a tank outlet of the septic tank at a level near the fluid level of the septic tank (see Fig. 2 annotated above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE A NORRIS whose telephone number is (571)272-5133. The examiner can normally be reached M-Th 7:30-5 F: 8-12.
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/CLAIRE A NORRIS/Primary Examiner, Art Unit 1779 9/22/2025