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 Rejections - 35 USC § 102
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.
Claims 1-4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Su (CN 106986440).
Regarding claim 1, Su discloses a modular drainage filter system for treatment of ground water (paragraphs 7, 9),
the drainage filter system comprising an inlet (10) for receiving underground water, at least one bio electrochemical reactor (BER – 1; figure 1) module arranged to denitrify the underground water and at least one outlet (11) for expelling at least partly denitrified underground water (paragraphs 49-51, 54-57),
the drainage filter system further comprising one or more inlet sensors (18) arranged upstream the BER (1) and a processing unit for determining the optimal energy provided to the BER based on the data from the one or more inlet sensors (paragraphs 53, 57, 59 – if the received nitrate concentration signal becomes stronger, the electrolysis power source voltage is raised and the electrolysis current is increased; if the signal of the nitrate concentration received by the central processing unit is weak, the electrolysis voltage and current is reduced).
Regarding claim 2, the BER of Su is arranged to first denitrify the ground water to obtain the at least partly denitrified ADW and subsequently oxidate the at least partly denitrified groundwater (paragraph 16). It has been held by the courts that apparatus claims must be distinguished from the prior art in terms of structure rather than function. Functional limitations do not serve to further limit apparatus claims beyond imparting the limitation that the device is capable of performing a claimed function. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 3, Su further teaches wherein the one or more inlet sensors is arranged to measure N-concentrations (paragraph 57).
Regarding claim 4, the system of Su is arranged to receive an unregulated inflow of groundwater (the system us provided with a pump 16 and a valve 17 to adjust the volume of water – paragraphs 56, 59, 63).
Regarding claim 8, Su comprises one or more outlet sensors (18) downstream the BER (1) to collect data which is provided to the processing means unit (paragraphs 53, 57, 59).
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 non-obviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Su as applied to claim 1 above, and further in view of Koh et al. (US Patent Application Publication no. 2020/0095150).
Regarding claim 5, Su discloses all the features discussed above, but fails to teach wherein a filter unit comprising an electrocoagulation colloid removal module (ECC) arranged upstream the BER.
Koh discloses an automated waste water recycling system using an electrocoagulation unit in order to remove contaminants from the wastewater by separating out suspended, colloidal and emulsified matter contained therein which in turns improves the efficiency of waste water treatment (paragraphs 6, 13).
It would have been obvious to one having ordinary skill in the art at the time of filing to arrange an electrocoagulation colloid removal module upstream the BER of Su, as taught by Koh, in order to remove contaminants from the wastewater by separating out suspended, colloidal and emulsified matter contained therein which in turns improves the efficiency of waste water treatment.
Claims 6, 7, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Su as applied to claim 1 above, and further in view of Silver et al. (US Patent Application Publication no. 2013/0112601).
Regarding claim 6, Su discloses all the features discussed above, but fails to teach wherein an oxidation module is arranged downstream the bio-electrochemical reactor (BER).
Silver discloses a denitrification control using bio-electrochemical systems (paragraph 11) wherein an oxidation module (6b; figure 6) is arranged downstream a bio-electrochemical reactor in order to oxidize ammonia present in the waste to nitrate, which treats the toxic ammonia while also increasing the concentration of nitrate (paragraphs 70-75).
It would have been obvious to one having ordinary skill in the art at the time of filing to arrange an oxidation module downstream the bio-electrochemical reactor of Su, as taught by Silver, in order to oxidize ammonia present in the waste to nitrate, which treats the toxic ammonia while also increasing the concentration of nitrate.
Regarding claim 7, the BER of Silver comprises granular carbon electrodes (paragraphs 18, 54).
Regarding claim 9, Silver further teaches sensors configured to measure temperature (paragraph 82, 87, 90).
Regarding claim 10, the system of Silver comprises a data collection system for storing, processing, displaying data about energy provided, reports, user actions, energy consumption and/or system status (paragraph 90).
Regarding claim 11, Silver teaches a data collection system to provide information that can be used to control pumps, collect temperature, pH, reference electrode, nitrate, conductivity, pressure readings and relay the data over the internet to a remote data server (paragraph 90 – supervisory control can also be included).
Conclusion
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/ZULMARIAM MENDEZ/Primary Examiner, Art Unit 1794
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