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 Objections
Claims 3-4, 15 and 16 are objected to because of the following informalities:
the claims respectively recite “counteraction” where it appears applicant intended “counter-cation.” Appropriate correction is required.
Claim 18 is objected to because of the following informalities: the claim recites “one or more biocide” where it appears applicant intended “one or more biocides.” 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.
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 19 and 20 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 19 recites the limitation "the minimum inhibitory concentration" in lines 1-2 and 2-3. There is insufficient antecedent basis for this limitation in the claim. Further, this recitation is considered vague and indefinite because the specification does not explain or define what is meant by this term. While not supported in the instant application, is applicant claiming that the amount of biocide in the composition needed to inhibit bacteria is less than the amount needed when the biocide is used alone (i.e., the biocide without biochelant)? For examination purposes the claim will be considered to recite "[[the]]a minimum inhibitory concentration" in both instances.
The term “pharmaceutically acceptable” in claim 20 is a relative term which renders the claim indefinite. The term “pharmaceutically acceptable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes any diluent will be considered to read on the claim.
The term “pharmaceutically acceptable diluent” in claim 20 is a relative term which renders the claim indefinite. The term “pharmaceutically acceptable diluent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes any diluent will be considered to read on the claims.
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 1-10, 13-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by An et al. (WO 2021/030505).
Per claim 1, An et al. teach method of treating process water ([0015] Disclosed herein are compositions for use in facilitating resource recovery during wellbore servicing operations. In one or more aspects, the compositions disclosed herein may be employed in any aspect of wellbore servicing compatible with a user and/or process goal.; [0037] In an aspect, the MWSA functions to inhibit chlorine dioxide induced corrosion. In such aspects, the MWSA may comprise a biochelant of the type disclosed herein. For example, Figure 2 depicts a process flow diagram for the treatment of process water, 100.), the method comprising:
introducing to a system comprising process water a composition comprising (i)
one or more biocides (Abstract, A multifunctional wellbore servicing additive composition includes a biochelant and at least one compound selected from the group consisting of acid, oxidizer, protectant, and surfactant.; [0039] In an aspect, the MWSA functions as an oxidizer, a metal chelator (e.g., Fe.sup.3+) and a biocide. Herein a biocide refers to a chemical intended to destroy, deter, render harmless, or exert a controlling effect on any harmful organism. In such aspects, the MWSA comprises a biochelant, a peroxide and a solvent, each of the type disclosed previously herein. For example, the MWSA may comprise the biochelant, hydrogen peroxide and water.) and (ii) one or more biochelants (Abstract, A multifunctional wellbore servicing additive composition includes a biochelant…).
Per claim 2, wherein the one or more biochelants comprise aldonic acid, uronic acid, aldaric acid, a glucose oxidation product, a gluconic acid oxidation product, a gluconate, glucaric acid, gluconic acid, glucuronic acid, comprises galactonic acid, galactaric acid, an oxidation product comprising predominantly galactonic acid and/or galactaric acid with minor component species of n-keto-acids, C₂ to C₆ diacids or a combination thereof ([0020] In an aspect, the biochelant comprises an aldonic acid, uronic acid, aldaric acid or combination thereof….).
Per claim 3, wherein the one or more biochelants further comprise a counteraction ([0020] In an aspect, the biochelant comprises an aldonic acid, uronic acid, aldaric acid or combination thereof and a counter cation.).
Per claim 4, wherein the counteraction comprises silicates, borates, aluminum, calcium, magnesium, zinc, copper, ferric iron, ferrous iron, ammonium, sodium, potassium, cesium, strontium or a combination thereof ([0020] The counter cation may comprise an alkali metal (Group I), an alkali earth metal (Group II) or combinations thereof. In certain aspects, the counter cation is sodium, potassium, magnesium, calcium, strontium, as well as cesium.).
Per claim 5, wherein the biocide comprises aldehydes, quaternary ammonium cations, brominated organic compounds, phosphonium salts, hydrogen peroxide, peracetic acid, bleach, chlorides, citric acid, derivatives thereof, or a combination thereof ([0039] In such aspects, the MWSA comprises a biochelant, a peroxide and a solvent, each of the type disclosed previously herein. For example, the MWSA may comprise the biochelant, hydrogen peroxide and water.).
Per claim 6, wherein the biocide comprises 2,2-dibromo-3-nitrilopropionamide (DBNPA), tetrakis hydroxymethyl-phosphonium sulfates,
bronopol, (+)-tartaric acid, (1,3,4,5,6,7-hexahydro-1,3-dioxo-2H-isoindol-2-yl)methy
(d-Tetramethrin), (13Z)-Hexadec-13-en-11-yn-1-yl acetate, (9Z,12E)-tetradeca-9,12-
dien-1-yl acetate, (benzothiazol-2-ylthio)methyl thiocyanate (TCMTB),
(E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3-benzyloxy)methanol, methyl-2-nitroguanidine (Clothianidin), (ethylenedioxy)dimethanol (Reaction products of ethylene glycol with paraformaldehyde (EGForm)), (RS)-3-Allyl-2-methyl-4-(1R,3R)-2,2-dimethyl-3-(2-methyl
prop-1-enyl)-oxocyclopent-2-enyl cyclopropanecarboxylate (mixture of 2 isomers 1R trans: 1R/S only 1:3) (Esbiothrin), (1R,3S)-2,2-dimethyl-3-(2- methylprop-1-enyl)-cyclopropanecarboxy late (mixture of 4 isomers 1R trans, 1R:1R trans, 1S: 1R cis, 1R: 1R cis, 1S 4:4:1:1) (d-Allethrin), trans-3-(2,2-dichlorovinyl)-2,2-(RS)-q-cyano-3phenoxybenzyl-(1RS)-cis, dimethylcyclopropanecarboxylate (Cypermethrin), 1,2-benzisothiazol-3(2H)-one (BIT), 1,3-bis(hydroxymethyl)-5,5-dimethylinidazolidine-2,4-dione (DMDMH), 1-[2-(allyloxy)-2-(2,4-dichlorophenyl)ethyl]-1H-imidazole (Imazalil), 2,2-dibromo-2-cyanoacetamide (DBNPA), 2,2',2"-(hexahydro-1,3,5-triazine-1,3,5- triyl)triethanol (HHT), 4,4-dimethyloxazolidine, 4,5-Dichloro-2-octylisothiazol-3(2H)-one (4,5-Dichloro-2-octyl-2H-isothiazol-3-one (DCOIT)), 4-bromo-2-(4-chlorophenyl)-1-
ethoxy methyl-5-trifluoromethylpyrrole-3-carbonitrile (Chlorfenapyr), 4-bromo-2-(4-
methyl-5-trifluoromethylpyrrole-3-carbonitrile chlorophenyl)-1-ethoxy (Chlorfenapyr),
5-chloro-2-(4-chlorphenoxy)phenol (DCPP), 6-(phthalimido)peroxyhexanoic acid (PAP), 7a-ethyldihydro-1H,3H,5H-oxazolo[3,4-c]oxazole (EDHO), tetrakis(hydroxymethyl)phosphonium sulfate (THPS), and
tetrakis(hydroxymethyl)phosphonium chloride (THPC) or a combination thereof (Table 8; [0057] [0057] A comparison of the iron chelating ability was made and is detailed in Table 8. In Table 8 THPS refers to tetrakis(hydroxymethyl)phosphonium sulfate while EDTA refers to ethylenediaminetetraacetic acid.).
Per claim 7, wherein a biocide:biochelant ratio is from about 1:100 to about 100:1 ([0023] In an aspect, the MWSA is prepared as a concentrate having the biochelant present in an amount of from about 1 wt.% to about 70 wt.%, alternatively from about 20 wt.% to about 70 wt.%, alternatively from about 1 wt.% to about 10 wt.% or alternatively about 10 wt.% to about 50 wt.% based on the total weight of the MWSA.; [0027] The oxidizing agent may be present in the MWSA concentrate in an amount of from about 3 wt.% to about 50 wt.%, alternatively, from about 20 wt.% to about 34 wt.%, alternatively from about 34 wt.% to about 50 wt.% or alternatively from about 3 wt.% to about 8 wt.% based on the total weight of the MWSA.).
Per claim 8, wherein the composition further comprises a solvent ([0034] In an aspect, the MWSA optionally comprises a solvent. In some aspects the solvent comprises C.sub.2 to C.sub.2o ethers, C.sub.2 to C.sub.20 carbonates, C.sub.2 to C.sub.20 esters, C.sub.2 to C.sub.20 ketones, C.sub.2 to C.sub.20 aldehydes, C.sub.2 to C.sub.20 alcohols or combinations thereof. Alternatively, the solvent comprises a C.sub.2 to C.sub.2o alcohol.).
Per claim 9, wherein the solvent comprises an alcohol ([0034] In an aspect, the MWSA optionally comprises a solvent. In some aspects the solvent comprises C.sub.2 to C.sub.2o ethers, C.sub.2 to C.sub.20 carbonates, C.sub.2 to C.sub.20 esters, C.sub.2 to C.sub.20 ketones, C.sub.2 to C.sub.20 aldehydes, C.sub.2 to C.sub.20 alcohols or combinations thereof. Alternatively, the solvent comprises a C.sub.2 to C.sub.2o alcohol.).
Per claim 10, wherein the solvent comprises an aqueous fluid ([0034] Alternatively, the solvent comprises water.; [0076] An eighteenth aspect which is the composition of the seventeenth aspect wherein the solvent comprises methanol, ethanol, propanol, butanol, pentanol, isopropanol, ethylene glycol, propylene glycol or a combination thereof.; [0077] A nineteenth aspect which is the composition of any of the seventeenth through eighteenth aspects wherein the solvent comprises water.).
Per claim 13, An et al. teach a composition ([0015] Disclosed herein are compositions for use in facilitating resource recovery during wellbore servicing operations. In one or more aspects, the compositions disclosed herein may be employed in any aspect of wellbore servicing compatible with a user and/or process goal.;), comprising:
(i) one or more biocides (Abstract, A multifunctional wellbore servicing additive composition includes a biochelant and at least one compound selected from the group consisting of acid, oxidizer, protectant, and surfactant.; [0039] In an aspect, the MWSA functions as an oxidizer, a metal chelator (e.g., Fe.sup.3+) and a biocide. Herein a biocide refers to a chemical intended to destroy, deter, render harmless, or exert a controlling effect on any harmful organism. In such aspects, the MWSA comprises a biochelant, a peroxide and a solvent, each of the type disclosed previously herein. For example, the MWSA may comprise the biochelant, hydrogen peroxide and water.); and
(ii) one or more biochelants (Abstract, A multifunctional wellbore servicing additive composition includes a biochelant…).
Per claim 14, wherein the one or more biochelants comprise aldonic acid, uronic acid, aldaric acid, a glucose oxidation product, a gluconic acid oxidation product, a gluconate, glucaric acid, gluconic acid, glucuronic acid, comprises galactonic acid, galactaric acid, an oxidation product comprising predominantly galactonic acid and/or galactaric acid with minor component species of n-keto-acids, C₂ to C₆ diacids or a combination thereof ([0020] In an aspect, the biochelant comprises an aldonic acid, uronic acid, aldaric acid or combination thereof….).
Per claim 15, wherein the one or more biochelants further comprise a counteraction ([0020] In an aspect, the biochelant comprises an aldonic acid, uronic acid, aldaric acid or combination thereof and a counter cation.).
Per claim 16, wherein the counteraction comprises silicates, borates, aluminum, calcium, magnesium, zinc, copper, ferric iron, ferrous iron, ammonium, sodium, potassium, cesium, strontium or a combination thereof ([0020] The counter cation may comprise an alkali metal (Group I), an alkali earth metal (Group II) or combinations thereof. In certain aspects, the counter cation is sodium, potassium, magnesium, calcium, strontium, as well as cesium.)..
Per claim 17, wherein the one or more biocides comprise
aldehydes, quaternary ammonium cations, brominated organic compounds,
phosphonium salts, hydrogen peroxide, peracetic acid, bleach, chlorides, citric acid,
derivatives thereof, or a combination thereof ([0039] In such aspects, the MWSA comprises a biochelant, a peroxide and a solvent, each of the type disclosed previously herein. For example, the MWSA may comprise the biochelant, hydrogen peroxide and water.).
Per claim 18, wherein the one or more biocides comprise
2,2-dibromo-3-nitrilopropionamide (DBNPA), tetrakis hydroxymethyl-phosphonium sulfates,
bronopol, (+)-tartaric acid, (1,3,4,5,6,7-hexahydro-1,3-dioxo-2H-isoindol-2-yl)methy
(d-Tetramethrin), (13Z)-Hexadec-13-en-11-yn-1-yl acetate, (9Z,12E)-tetradeca-9,12-
dien-1-yl acetate, (benzothiazol-2-ylthio)methyl thiocyanate (TCMTB),
(E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3-benzyloxy)methanol, methyl-2-nitroguanidine (Clothianidin), (ethylenedioxy)dimethanol (Reaction products of ethylene glycol with paraformaldehyde (EGForm)), (RS)-3-Allyl-2-methyl-4-(1R,3R)-2,2-dimethyl-3-(2-methyl
prop-1-enyl)-oxocyclopent-2-enyl cyclopropanecarboxylate (mixture of 2 isomers 1R trans: 1R/S only 1:3) (Esbiothrin), (1R,3S)-2,2-dimethyl-3-(2- methylprop-1-enyl)-cyclopropanecarboxy late (mixture of 4 isomers 1R trans, 1R:1R trans, 1S: 1R cis, 1R: 1R cis, 1S 4:4:1:1) (d-Allethrin), trans-3-(2,2-dichlorovinyl)-2,2-(RS)-q-cyano-3phenoxybenzyl-(1RS)-cis, dimethylcyclopropanecarboxylate (Cypermethrin), 1,2-benzisothiazol-3(2H)-one (BIT), 1,3-bis(hydroxymethyl)-5,5-dimethylinidazolidine-2,4-dione (DMDMH), 1-[2-(allyloxy)-2-(2,4-dichlorophenyl)ethyl]-1H-imidazole (Imazalil), 2,2-dibromo-2-cyanoacetamide (DBNPA), 2,2',2"-(hexahydro-1,3,5-triazine-1,3,5- triyl)triethanol (HHT), 4,4-dimethyloxazolidine, 4,5-Dichloro-2-octylisothiazol-3(2H)-one (4,5-Dichloro-2-octyl-2H-isothiazol-3-one (DCOIT)), 4-bromo-2-(4-chlorophenyl)-1-
ethoxy methyl-5-trifluoromethylpyrrole-3-carbonitrile (Chlorfenapyr), 4-bromo-2-(4-
methyl-5-trifluoromethylpyrrole-3-carbonitrile chlorophenyl)-1-ethoxy (Chlorfenapyr),
5-chloro-2-(4-chlorphenoxy)phenol (DCPP), 6-(phthalimido)peroxyhexanoic acid (PAP), 7a-ethyldihydro-1H,3H,5H-oxazolo[3,4-c]oxazole (EDHO), tetrakis(hydroxymethyl)phosphonium sulfate (THPS), and
tetrakis(hydroxymethyl)phosphonium chloride (THPC) or a combination thereof (Table 8; [0057] [0057] A comparison of the iron chelating ability was made and is detailed in Table 8. In Table 8 THPS refers to tetrakis(hydroxymethyl)phosphonium sulfate while EDTA refers to ethylenediaminetetraacetic acid.).
Per claim 20, An et al. teach a formulation ([0015] Disclosed herein are compositions for use in facilitating resource recovery during wellbore servicing operations. In one or more aspects, the compositions disclosed herein may be employed in any aspect of wellbore servicing compatible with a user and/or process goal.; [0037] In an aspect, the MWSA functions to inhibit chlorine dioxide induced corrosion. In such aspects, the MWSA may comprise a biochelant of the type disclosed herein. For example, Figure 2 depicts a process flow diagram for the treatment of process water, 100.), comprising
(i) one or more biocides (Abstract, A multifunctional wellbore servicing additive composition includes a biochelant and at least one compound selected from the group consisting of acid, oxidizer, protectant, and surfactant.; [0039] In an aspect, the MWSA functions as an oxidizer, a metal chelator (e.g., Fe.sup.3+) and a biocide. Herein a biocide refers to a chemical intended to destroy, deter, render harmless, or exert a controlling effect on any harmful organism. In such aspects, the MWSA comprises a biochelant, a peroxide and a solvent, each of the type disclosed previously herein. For example, the MWSA may comprise the biochelant, hydrogen peroxide and water.);
(ii) one or more biochelants (Abstract, A multifunctional wellbore servicing additive composition includes a biochelant…); and
(iii) a “pharmaceutically acceptable” diluent ([0039] In an aspect, the MWSA functions as an oxidizer, a metal chelator (e.g., Fe.sup.3+) and a biocide. Herein a biocide refers to a chemical intended to destroy, deter, render harmless, or exert a controlling effect on any harmful organism. In such aspects, the MWSA comprises a biochelant, a peroxide and a solvent, each of the type disclosed previously herein. For example, the MWSA may comprise the biochelant, hydrogen peroxide and water.).
Regarding the formulation being a pharmaceutical formulation, it is submitted that recitation is one of intended use which fails to impose additional chemical structure on the formulation and is not given patentable weight. Further, it is submitted that the formulation of An et al. is capable of being used pharmaceutically without altering the structure, such as by topically applying the formulation to the skin.
Claims 1-2, 5, 7, 13-14 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rida et al. (MA 33233, all passages cited below refer to the machine-generated English translation provided with the instant office action).
Per claim 1, Rida et al. teach a method of treating process water (page 2, Thus, the present invention provides for the use of a water treatment formulation for the protection of ordinary steel in the water of cooling circuits,), the method comprising:
introducing to a system comprising process water a composition comprising (i)
one or more biocides (page 2, Thus, the present invention provides for the use of a water treatment formulation for the protection of ordinary steel in the water of cooling circuits, essentially composed of a corrosion inhibitor: sodium gluconate and a non-oxidizing biocide: cetyltrimethyl ammonium bromide (CTAB) used to fight against the proliferation of microorganisms (Figure 1).) and (ii) one or more biochelants (page 2, In this work, we assigned ourselves to examine a compound belonging to the series of sugars which is sodium gluconate. This organic and commercial compound is a first order sequestering agent because it combines excellent chelation and stability properties, in particular under extreme conditions (high alkalinity, high temperatures), with remarkable biodegradability characteristics.).
Per claim 2, wherein the one or more biochelants comprise aldonic acid, uronic acid, aldaric acid, a glucose oxidation product, a gluconic acid oxidation product, a gluconate, glucaric acid, gluconic acid, glucuronic acid, comprises galactonic acid, galactaric acid, an oxidation product comprising predominantly galactonic acid and/or galactaric acid with minor component species of n-keto-acids, C₂ to C₆ diacids or a combination thereof (page 2, In this work, we assigned ourselves to examine a compound belonging to the series of sugars which is sodium gluconate. This organic and commercial compound is a first order sequestering agent because it combines excellent chelation and stability properties, in particular under extreme conditions (high alkalinity, high temperatures), with remarkable biodegradability characteristics.).
Per claim 5, wherein the biocide comprises aldehydes, quaternary ammonium cations, brominated organic compounds, phosphonium salts, hydrogen peroxide, peracetic acid, bleach, chlorides, citric acid, derivatives thereof, or a combination thereof (page 2, …a non-oxidizing biocide: cetyltrimethyl ammonium bromide (CTAB) used to fight against the proliferation of microorganisms (Figure 1).).
Per claim 7, wherein a biocide:biochelant ratio is from about 1:100 to about 100:1 (page 3, We have shown that this parameter has practically no influence on the effectiveness of the formulation containing 10-2 Μ in gluconate and 20 ppm in CTAB.).
Per claim 13, Rida et al. teach a composition (), comprising:
(i) one or more biocides (page 2, Thus, the present invention provides for the use of a water treatment formulation for the protection of ordinary steel in the water of cooling circuits, essentially composed of a corrosion inhibitor: sodium gluconate and a non-oxidizing biocide: cetyltrimethyl ammonium bromide (CTAB) used to fight against the proliferation of microorganisms (Figure 1).); and
(ii) one or more biochelants (page 2, In this work, we assigned ourselves to examine a compound belonging to the series of sugars which is sodium gluconate. This organic and commercial compound is a first order sequestering agent because it combines excellent chelation and stability properties, in particular under extreme conditions (high alkalinity, high temperatures), with remarkable biodegradability characteristics.).
Per claim 14, wherein the one or more biochelants comprise aldonic acid, uronic acid, aldaric acid, a glucose oxidation product, a gluconic acid oxidation product, a gluconate, glucaric acid, gluconic acid, glucuronic acid, comprises galactonic acid, galactaric acid, an oxidation product comprising predominantly galactonic acid and/or galactaric acid with minor component species of n-keto-acids, C₂ to C₆ diacids or a combination thereof (page 2, In this work, we assigned ourselves to examine a compound belonging to the series of sugars which is sodium gluconate. This organic and commercial compound is a first order sequestering agent because it combines excellent chelation and stability properties, in particular under extreme conditions (high alkalinity, high temperatures), with remarkable biodegradability characteristics.).
Per claim 17, wherein the one or more biocides comprises aldehydes, quaternary ammonium cations, brominated organic compounds, phosphonium salts, hydrogen peroxide, peracetic acid, bleach, chlorides, citric acid, derivatives thereof, or a combination thereof (page 2, …a non-oxidizing biocide: cetyltrimethyl ammonium bromide (CTAB) used to fight against the proliferation of microorganisms (Figure 1).).
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.
Claims 11-12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over An et al. (‘505).
Per claim 11, An et al. do not explicitly disclose wherein the aqueous fluid comprises fresh water, salt water, deionized water, produced water, flowback water, brackish water, brine, seawater, or a combination thereof.
It is submitted that it would have been a routine matter of design choice to have the aqueous fluid comprise fresh water, salt water, deionized water, produced water, flowback water, brackish water, brine, seawater, or a combination thereof in order to, for example, dilute and/or dissolve the composition. Further, the examiner notes that applicant has not provided for the record a proper showing (e.g., comparative test data) of any new and unexpected result obtained by having the aqueous fluid comprise fresh water, salt water, deionized water, produced water, flowback water, brackish water, brine, seawater, or a combination thereof in order to, for example, dilute and/or dissolve the composition.
Per claim 12, An et al. do not explicitly disclose wherein the system comprises cooling towers, boilers, evaporators, heat exchangers, chillers, reverse osmosis/filtration systems, and distillation/separation processes or a combination thereof.
It is submitted that it would have been well within the purview of thew skilled artisan to modify the method of An et al. such that it comprises wherein the system comprises cooling towers, boilers, evaporators, heat exchangers, chillers, reverse osmosis/filtration systems, and distillation/separation processes or a combination thereof in order to, for example, reduce corrosion, inhibit or reduce bacterial formation and decrease soluble metal species within the system.
Per claim 19, An et al. do not explicitly disclose wherein [[the]]a minimum inhibitory concentration is reduced by from about 5% to about 100% when compared to [[the]]a minimum inhibitory concentration of the at least one biocide.
It is submitted that it would have been a routine matter of design choice to modify the composition of An et al. such that it comprises wherein a minimum inhibitory concentration is reduced by from about 5% to about 100% when compared to a minimum inhibitory concentration of the at least one biocide in order to, for example, optimize the inhibition of bacterial formation, depending on anticipated bacteria loading and the results desired. Further, absent a proper showing of criticality with respect to the recited concentration percentage range, it would have been obvious to a person of ordinary skill in the art at the time of the invention to adjust or reduce the concentration through routine experimentation in order to achieve a concentration percentage that allows for a balance of bacterial inhibition and water treatment, depending on the anticipated contaminant loading and the results desired. Moreover, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Rida et al. (‘233).
Per claim 12, Rida et al. disclose that the composition may be used in cooling circuits (page 2, Thus, the present invention provides for the use of a water treatment formulation for the protection of ordinary steel in the water of cooling circuits, essentially composed of a corrosion inhibitor In this work, we assigned ourselves to examine a compound belonging to the series of sugars which is sodium gluconate. This organic and commercial compound is a first order sequestering agent because it combines excellent chelation and stability properties, in particular under extreme conditions (high alkalinity, high temperatures), with remarkable biodegradability characteristics. Thus, the present invention provides for the use of a water treatment formulation for the protection of ordinary steel in the water of cooling circuits, essentially composed of a corrosion inhibitor: sodium gluconate and a non-oxidizing biocide: cetyltrimethyl ammonium bromide (CTAB) used to fight against the proliferation of microorganisms (Figure 1).). Rida et al. do not explicitly disclose wherein the system comprises cooling towers, boilers, evaporators, heat exchangers, chillers, reverse osmosis/filtration systems, and distillation/separation processes or a combination thereof.
It is submitted that it would have been well within the purview of thew skilled artisan to modify the method of Rida et al. such that it comprises wherein the system comprises cooling towers, boilers, evaporators, heat exchangers, chillers, reverse osmosis/filtration systems, and distillation/separation processes or a combination thereof in order to, for example, reduce corrosion and inhibit or reduce bacterial formation within the system.
Conclusion
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/FRED PRINCE/
Primary Examiner
Art Unit 1779