DETAILED ACTION
This detailed action is in response to the amendments and arguments filed on 07/06/2026, and any subsequent filings.
Notations “C_”, “L_” and “Pr_” are used to mean “column_”, “line_” and “paragraph_”.
Claim 3 is canceled. Claims 1-2 and 4-20 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 .
Response to Arguments
Information Disclosure Statement
The information disclosure statements filed 10/21/2025 fails to constitute a complete reply to the Requirement for Information under 37 CFR 1.56 filed 07/25/2025. A complete reply to a 37 CFR 1.105 requirement is a reply to each enumerated requirement for information giving either the information required or a statement that the information required to be submitted is unknown and/or is not readily available to the party or parties from which it was requested (see MPEP 704.12(b)).
Claim Rejections - 35 USC § 103
The Applicant argues that references Alimi and Holroyd fail to teach the claim limitation of a half-life of about 1 minute to about 5 minutes (pg. 11). This argument is unpersuasive because Alimi and Holroyd were not relied upon to teach a half-life of about 1 minute to about 5 minutes.
The Applicant argues that Alimi teaches a hydrogen peroxide solution, rather than a superoxide solution (pg. 11-12). This argument is unpersuasive because the argument does not commensurate with the claim language. The composition, an aqueous solution (Alimi, [0018]), of Alimi may comprise one or more reactive oxygen species, including, without limitation, superoxide and peroxide (Alimi, [0018], [0049] and [0093]). Thus, Alimi teaches a superoxide solution.
The Applicant argues that Holroyd does not provide information of free available chlorine (FAC) chemistry (pg. 12). This argument is unpersuasive because Holroyd was not relied upon to teach FAC chemistry.
In response to applicant's argument that Holroyd is nonanalogous art (pg. 12), it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Holroyd also relates to a superoxide radical solution (abstract).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the specific reaction environment of a superoxide radical, pg. 13) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that replacing the hydrogen peroxide solution of Alimi with a superoxide radical solution would render the prior art unsatisfactory for Alimi’s intended purposes (pg. 14), the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's argument that Buschmann and Buschmann 2 do not teach or suggest an apparatus configured for implementing the superoxide/FAC advanced oxidation process of the amended Claim 19 (pg. 15-16), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Response to 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.
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 1-2, 4, 6-9, 11, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over International Publication WO2022046955A1 (‘Alimi’, published 03 March 2022) in view of Publication A Study of the Superoxide Radical Chemistry by Stopped-Flow Radiolysis and Radiation Induced Oxygen Consumption (‘Bielski’, Journal of the American Chemical Society / 99:9 / April 27, 1977) and in further view of U.S. Patent US4199419A (‘Holroyd’).
The Applicant’s claim is directed towards a composition and a method.
Regarding Claims 1-2, 4 and 6-9, Alimi teaches an advanced oxidation ([0174]) composition (abstract), comprising a superoxide radical stock solution ([0018]) and a free available chlorine solution (abstract),
wherein the superoxide radical stock solution comprises a superoxide radical ([0018]), an aqueous medium ([0021-0022], a first solution comprising purified water and an appropriate trace amount of one or more peroxides), and a stabilizing agent ([0179], sodium hydroxide and pgs. 116-117, Tables 1-2),
wherein the superoxide radical in the superoxide radical stock solution has a concentration of about 300 μM to about 3 mM ([0093-0097], one or more reactive oxygen species (which may be superoxide, [0093]). The claimed concentrations are of about 9.6 ppm to about 96 ppm, when converted), and
wherein the free available chlorine solution comprises a free available chlorine agent and an aqueous medium ([0038] and [0077], hypohalous acid solution).
Alimi does not specify that the superoxide radical has a half-life of about 1 minute to about 5 minutes and that the superoxide radical stock solution pH is about 11 to about 14.
Bielski also relates to a superoxide radical stock solution (abstract), wherein the superoxide radical in the superoxide radical stock solution has a half-life of about 1 minute to about 5 minutes (pg. 3019, right column, Pr3).
Holroyd also relates to a superoxide radical solution (abstract), wherein the superoxide radical stock solution pH is about 11 to about 14 (C2/L45-50 and C6/L9-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the superoxide radical in the superoxide radical stock solution of the combination of Alimi and Holroyd can have a half-life of about 1 minute to about 5 minutes, as demonstrated by Bielski, because at high pH, such as the pH of Holroyd (Holroyd, C2/L45-50), many compounds are relatively stable and interference from the HO2 radical is minimized (Bielski, pg. 3019, right column, Pr3).
Additional Disclosures Included:
Claim 2: the free available chlorine solution pH is about 11 to about 14, is about 6 to about 8 (Alimi, [0077]), or is about 6 to about 8 and is buffered.
Claim 4: further comprising an acid ([0067], the stable free available chlorine may include hypochlorous acid and peroxyhypochlorous acid (HOOCl)).
Claim 6: the superoxide radical stock solution is generated by irradiating hydrogen peroxide in an alkaline aqueous medium (Holroyd, C3/L38-42) with ultraviolet irradiation (Holroyd, abstract), to form a superoxide radical stock solution having a pH of about 11 to about 14 (Holroyd, C2/L45-50 and C6/L9-21).
Claim 7: the stabilizing agent comprises NaOH (Alimi, ([0179], sodium hydroxide and pgs. 116-117, Tables 1-2) , KOH, Ca(OH)2, a base which causes the pH to be higher than around 11, phosphate, EDTA, distilled water, decarbonation, or a combination thereof.
Claim 8: the free available chlorine agent is sodium hypochlorite (Alimi, [0032], stable free available chlorine can include hypochlorite ions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that sodium hypochlorite is a source of hypochlorite ions).
Claim 9: the superoxide radical stock solution comprises the superoxide radical in an aqueous medium at a first concentration, wherein the free available chlorine solution comprises the free available chlorine in an aqueous medium at a second concentration, and wherein the ratio of the first concentration to the second concentration is about 0.2 to about 7.5 (Alimi, [0094] and [0070]).
Regarding Claims 11 and 15-17: A method for advanced oxidation of chemical compound contaminants in a medium comprising one or more chemical compound contaminants (Alimi, [0010-0011], clean, disinfect, sanitize and/or sterilize), the method comprising
contacting a medium comprising one or more chemical compound contaminants with the advanced oxidation composition according to Claim 1 (Alimi, [0010-0011], applying a composition),
wherein the medium comprising one or more chemical compound contaminants optionally comprises the free available chlorine solution prior to contact with the superoxide radical stock solution.
Additional Disclosures Included:
Claim 15: the medium comprising one or more chemical compound contaminants is contacted by the advanced oxidation composition one, or more than one, times (Alimi, [0010-0011], applying a composition and [0143], multiple times a day or as often as desired).
Claim 16: a quenching step, wherein the quenching step comprises adding an amount of free available chlorine solution after contacting the medium comprising one or more chemical compound contaminants with the advanced oxidation composition (Alimi, [0173], rinsing a cleaned, disinfected, sanitized and/or sterilized device or surface, wherein the rinse solution comprising free available chlorine and water).
Claim 17: the medium comprising one or more chemical compound contaminants is municipal water, municipal wastewater, water centralized at a municipality, water localized at a point-of-use, well water, rain water, a natural body of water, water which has been treated, water which has not received a treatment, a microbe (Alimi, [0149] and [0166]), a biofilm, an impermeable surface, a permeable surface, a detergent, or a combination thereof (Alimi, [0140-0141], hard surface area may be a porous surface or a non-porous surface).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over International Publication WO2022046955A1 (‘Alimi’, published 03 March 2022), Publication A Study of the Superoxide Radical Chemistry by Stopped-Flow Radiolysis and Radiation Induced Oxygen Consumption (‘Bielski’, Journal of the American Chemical Society / 99:9 / April 27, 1977) and U.S. Patent US4199419A (‘Holroyd’) as applied to claim 1 above, and further in view of Publication Further studies on the formation of oxygen radicals by potassium superoxide in aqueous medium for biochemical investigations (‘Lokesh’, Toxicology Letfers, 34 (1986) 75-84) and U.S. Publication US20140072653A1 (‘Buschmann’).
The Applicant’s claim is directed towards a composition.
Regarding Claim 5, the combination of Alimi, Bielski and Holroyd teaches the advanced oxidation composition of Claim 1, except that the superoxide radical stock solution is prepared from KO2 by dissolving solid KO2 in an alkaline aqueous medium, or by adding an alkaline aqueous medium to solid KO2, to form a superoxide radical stock solution having a pH of about 11 to about 14.
Lokesh also relates to a superoxide radical stock solution (abstract), wherein the superoxide radical stock solution is prepared from KO2 by dissolving solid KO2 (pg. 76, section Methods, dissolving solid KO2 in DMSO) in an alkaline aqueous medium (pg. 79, Fig. 3, NaOH buffer), or by adding an alkaline aqueous medium to solid KO2, to form a superoxide radical stock solution.
Buschmann also relates to a superoxide radical stock solution, having a pH of about 11 to about 14 ([0148], superoxide solutions produced from bulk chemicals at modestly alkaline pH).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dissolve KO2 in an alkaline aqueous medium, as demonstrated by Lokesh, to form a superoxide radical stock solution having a pH of about 11 to about 14, as demonstrated by Buschmann, because high pH stabilizes superoxide radicals (Holroyd, C2, L45-50).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over International Publication WO2022046955A1 (‘Alimi’, published 03 March 2022), Publication A Study of the Superoxide Radical Chemistry by Stopped-Flow Radiolysis and Radiation Induced Oxygen Consumption (‘Bielski’, Journal of the American Chemical Society / 99:9 / April 27, 1977) and U.S. Patent US4199419A (‘Holroyd’) as applied to claim 1 above, and further in view of Publication Rate of reaction of superoxide radical with chloride-containing species (‘Long’, The Journal of Physical Chemistry, Vol. 84, No. 5, 1980).
The Applicant’s claim is directed towards a composition.
Regarding Claim 10, the combination of Alimi, Bielski and Holroyd teaches the advanced oxidation composition of Claim 1, including a hydroxyl radical and one or more reactive chlorine species (Alimi, [0007]) in an amount effective to degrade one or more chemical compound contaminants (Alimi, [0003], cleaning, disinfecting, sanitizing and/or sterilizing and [0050], microbiostatic effective amount), except that the superoxide radical stock solution comprises an amount of superoxide radical in an aqueous medium, wherein the free available chlorine solution comprises an amount of free available chlorine in an aqueous medium, and wherein an amount of free available chlorine is contacted by an amount of superoxide radical to produce a hydroxyl radical and one or more reactive chlorine species.
Long also relates to a superoxide radical stock solution (pg. 556, left column, Pr2), wherein the superoxide radical stock solution comprises an amount of superoxide radical in an aqueous medium, wherein the free available chlorine solution comprises an amount of free available chlorine in an aqueous medium, and wherein an amount of free available chlorine is contacted by an amount of superoxide radical to produce a hydroxyl radical and one or more reactive chlorine species (pg. 556, left column, eq. (6)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the superoxide radical and free available chlorine of the composition of the combination of Alimi, Bielski and Holroyd react to produce a hydroxyl radical and one or more reactive chlorine species, as demonstrated by Long, as hypochlorite reacts with superoxide radicals (Long, pg. 556 and Fig. 1).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over International Publication WO2022046955A1 (‘Alimi’, published 03 March 2022), Publication A Study of the Superoxide Radical Chemistry by Stopped-Flow Radiolysis and Radiation Induced Oxygen Consumption (‘Bielski’, Journal of the American Chemical Society / 99:9 / April 27, 1977) and U.S. Patent US4199419A (‘Holroyd’) as applied to claim 11 above, and further in view of U.S. Publication US20160068417A1 (‘Buschmann 2’).
The Applicant’s claims are directed towards a method.
Regarding Claim 12, the combination of Alimi and Holroyd teaches the method of Claim 11, except that the medium comprising the one or more chemical compound contaminants is contacted by the free available chlorine solution to form a mixture, wherein the free available chlorine solution has a pH of about 11 to about 14; and the mixture is simultaneously contacted by the superoxide radical stock solution and an acid, wherein the superoxide radical stock solution and the acid are not in contact with each other before contacting the mixture, and the simultaneous contact occurs with rapid mixing, to form the advanced oxidation composition at a pH of about 6 to about 8 in the medium comprising one or more chemical compound contaminants.
Buschmann 2 also relates to a method for advanced oxidation of chemical compound contaminants in a medium comprising one or more chemical compound contaminants (abstract), including that the medium comprising the one or more chemical compound contaminants is contacted by the free available chlorine solution (Fig. 5, [0134], hypochlorite concentrate 504) to form a mixture (Fig. 5, [0134], mixer 506), wherein the free available chlorine solution has a pH of about 11 to about 14 ([0216]); and the mixture is simultaneously contacted by the superoxide radical stock solution and an acid ([0091], reactive oxygen species formulations may contain acid for pH adjustment), wherein the superoxide radical stock solution and the acid are not in contact with each other before contacting the mixture ([0091], a separate source of acid may optionally be provided), and the simultaneous contact occurs with rapid mixing ([0102]), to form the advanced oxidation composition at a pH of about 6 to about 8 in the medium comprising one or more chemical compound contaminants ([0114], solution pH decreases to near neutral after the active ingredients have been consumed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to contact the medium of the combination of Alimi, Bielski and Holroyd with free available chlorine solution to form a mixture and to contact the mixture with the superoxide radical stock solution and the acid, as demonstrated by Buschmann 2, to generate a biocide composition (Buschmann 2, [0216-0217]) that may be used for cleaning and disinfection (Buschmann 2, [0076]).
Regarding Claim 13, the combination of Alimi, Bielski and Holroyd teaches the method of Claim 11, including that the superoxide radical stock solution contacts the free available chlorine solution to form a premixed solution (Alimi, [0182]), except that the free available chlorine has a pH of about 11 to about 14; and the premixed solution and an acid simultaneously contact the medium comprising one or more chemical compound contaminants, wherein the simultaneous contact occurs with rapid mixing, and the premixed solution and the acid are not in contact prior to contacting the medium comprising one or more chemical compound contaminants, to form an advanced oxidation composition having a pH of about 6 to about 8.
Buschmann 2 teaches that the free available chlorine solution has a pH of about 11 to about 14 ([0216]), and the premixed solution and an acid simultaneously contact the medium comprising one or more chemical compound contaminants (Fig. 2-3, [0091], reactive oxygen species formulations may contain acid for pH adjustment), wherein the simultaneous contact occurs with rapid mixing (Fig. 2-3, [0102], pH adjuster 221), and the premixed solution and the acid are not in contact prior to contacting the medium comprising one or more chemical compound contaminants (Fig. 2-3, [0091], separate source of acid), to form an advanced oxidation composition having a pH of about 6 to about 8 ([0114], solution pH decreases to near neutral after the active ingredients have been consumed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to contact the medium of the combination of Alimi, Bielski and Holroyd with the premixed solution and the acid, as demonstrated by Buschmann 2, to reduce bacteria population and balance pH (Buschmann 2, [0102]).
Regarding Claim 14, the combination of Alimi, Bielski and Holroyd teaches the method of Claim 1, except that the free available chlorine solution; and the superoxide radical stock solution and an acid simultaneously contact the medium comprising the free available chlorine solution and the one or more chemical compound contaminants, wherein the superoxide radical stock solution and the acid are not in contact prior to contacting the medium comprising the free available chlorine solution and the one or more chemical compound contaminants, to form an advanced oxidation composition having a pH of about 6 to about 8.
Buschmann 2 teaches that the medium comprising one or more chemical compound contaminants comprises the free available chlorine solution (Fig. 5, [0134], mixer 506); and the superoxide radical stock solution (Fig. 5, [0134], hydrogen peroxide solution 508) and an acid simultaneously ([0091], reactive oxygen species formulations may contain acid for pH adjustment) contact the medium comprising the free available chlorine solution and the one or more chemical compound contaminants, wherein the superoxide radical stock solution and the acid are not in contact prior to contacting ([0091], a separate source of acid may optionally be provided) the medium comprising the free available chlorine solution and the one or more chemical compound contaminants, to form an advanced oxidation composition having a pH of about 6 to about 8 ([0114], solution pH decreases to near neutral after the active ingredients have been consumed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to contact the medium of the combination of Alimi, Bielski and Holroyd with the superoxide radical stock solution and the acid, as demonstrated by Buschmann 2, to generate a biocide composition (Buschmann 2, [0216-0217]) that may be used for cleaning and disinfection (Buschmann 2, [0076]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over International Publication WO2022046955A1 (‘Alimi’, published 03 March 2022), Publication A Study of the Superoxide Radical Chemistry by Stopped-Flow Radiolysis and Radiation Induced Oxygen Consumption (‘Bielski’, Journal of the American Chemical Society / 99:9 / April 27, 1977) and U.S. Patent US4199419A (‘Holroyd’) as applied to claim 11 above, and further in view of U.S. Patent US4468297A (‘Sawyer’).
The Applicant’s claim is directed towards a method.
Regarding Claim 18, the combination of Alimi, Bielski and Holroyd teaches the method of Claim 11, except that the one or more chemical compound contaminants comprises a hydrocarbon comprising one or more saturated or unsaturated chemical bonds, or a chemical group which can be oxidized, and wherein the hydrocarbon or chemical group can further comprise atoms or functional groups which remain not oxidized.
Sawyer also relates to a method for advanced oxidation of chemical compound contaminants in a medium comprising one or more chemical compound contaminants (C2, L45-49), the method comprising contacting a medium comprising one or more chemical compound contaminants with a superoxide radical stock solution (abstract), wherein the one or more chemical compound contaminants comprises a hydrocarbon comprising one or more saturated or unsaturated chemical bonds (abstract and C4, eq (1) and (2), olefinic), or a chemical group which can be oxidized, and wherein the hydrocarbon or chemical group can further comprise atoms or functional groups which remain not oxidized (C4, eq (2), H2C group).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of the combination of Alimi, Bielski and Holroyd and the one or more chemical compound contaminants of Sawyer because a superoxide is able to react rapidly and efficiently with polyhalogenated olefinic compounds (Sawyer, C2, L26-31).
Claim 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication US20140072653A1 (‘Buschmann’) in view of U.S. Publication US20160068417A1 (‘Buschmann 2’) and in further view of Publication A Study of the Superoxide Radical Chemistry by Stopped-Flow Radiolysis and Radiation Induced Oxygen Consumption (‘Bielski’, Journal of the American Chemical Society / 99:9 / April 27, 1977).
The Applicant’s claims are directed towards an apparatus.
Buschmann teaches an apparatus configured for advanced oxidation ([0231], example 12) of one or more chemical compound contaminants in an aqueous medium comprising one or more chemical compound contaminants (abstract), the apparatus comprising:
one or more side-stream channels (Fig. 3, [0077], line comprising pumps 316) comprising an interior cavity configured for contact with a central contactor channel (Fig. 3, [0077], line comprising mixing chambers 318);
one or more inlet ports connected to the interior cavity of the one or more side-stream channels (Fig. 3);
the central contactor channel (Fig. 3, [0077], line comprising mixing chambers 318) in contact with more than one of the one or more sidestream channels (Fig. 3);
an ultraviolet source (Fig. 11, [0153], ultraviolet radiation) in contact with one of the one or more side-stream channels (Fig. 11); and
a power source ([0096]), and
wherein one of the one or more side-stream channels (Fig. 3, [0077], portion of line directed towards holding tank 312) is configured to convey hydrogen peroxide (Fig. 3, [0077], hydrogen peroxide concentrate 302) in an alkaline aqueous medium at a pH of about 11 to about 14 ([0024]);
a third of the one or more side-stream channels (Fig. 3) is configured to convey an acid (Fig. 3, [0077], acid concentrate 308);
the hydrogen peroxide in the alkaline aqueous medium transits the side-stream channel configured for hydrogen peroxide in alkaline aqueous medium by entry through one of the one or more inlet ports (Fig. 3);
the acid transits the side-stream channel configured for the acid by entry through one of the one or more inlet ports (Fig. 3);
the power source provides power to the ultraviolet source ([0243-0245], power source provides electricity to operate system), wherein the ultraviolet source produces an ultraviolet light (Fig. 11, [0153], ultraviolet radiation);
the hydrogen peroxide in the alkaline aqueous medium is irradiated by the ultraviolet light (Fig. 2, [0076], activates by means of ultraviolet radiation) to produce superoxide radical in a superoxide radical stock solution ([0018], superoxide can be generated from activated hydrogen peroxide reactions), wherein the superoxide radical in the superoxide radical stock solution has a concentration of about 300 µm to about 3 mM ([0238], up to 212 mg/L, or up to 6.625 mM when converted).
Buschmann 2 also relates to an apparatus configured for advanced oxidation of one or more chemical compound contaminants in an aqueous medium comprising one or more chemical compound contaminants (abstract), including
the central contactor channel (Fig. 1-3, [0098], impaired water source 101) which is configured to convey the aqueous medium comprising one or more chemical compound contaminants (Fig. 1-3, [0098]);
a second of the one or more side-stream channels (Fig. 5, [0134], hypochlorite concentrate 504) is configured to convey a free available chlorine solution comprising a free available chlorine formed from sodium hypochlorite (Fig. 5, [0134], hypochlorite concentrate 504) and an alkaline aqueous medium at a pH of about 11 to about 14 ([0216]);
the free available chlorine solution transits the sidestream channel configured for the free available chlorine solution by entry through one of the one or more inlet ports (Fig. 5);
an aqueous medium flows through the central contactor channel configured to convey the aqueous medium comprising one or more chemical compound contaminants (Fig. 1-3, [0098]); and
the aqueous medium in the central contactor channel is contacted by the superoxide radical stock solution and the free available chlorine solution (Fig. 5), or is contacted by the premixed solution (Fig. 5, [0134], biocide composition product solution 520), wherein the aqueous medium is contacted by the superoxide radical stock solution and the free available chlorine solution simultaneously under rapid mixing (Fig. 5, [0134], mixer 506), or the aqueous medium is contacted by the premixed solution simultaneously under rapid mixing.
Bielski also relates to a superoxide radical stock solution (abstract), wherein the superoxide radical in the superoxide radical stock solution has a half-life of about 1 minute to about 5 minutes (pg. 3019, right column, Pr3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the central contractor channel of Buschmann may be configured to convey the aqueous medium comprising one or more chemical compound contaminants, as demonstrated by Buschmann 2, because both Buschmann and Buschmann 2 involve water treatment (Buschmann, abstract and Buschmann 2, abstract). It would have been obvious to combine the apparatus of Buschmann and the second of the one or more side-stream channels configured to convey a free available chlorine solution of Buschmann 2 to generate reactive oxygen species (Buschmann 2, [0060] and [0217]). It would have been obvious to contact the aqueous medium in the central contactor channel of Buschmann and Buschmann 2 with the acid of Buschmann because hypochlorite rapidly loses its efficacy above pH 7.5 (Buschmann, [0021]) and so the superoxide solution can be used in pH sensitive uses (Buschmann, [0154], Fig. 12). It would have been obvious that the superoxide radical in the superoxide radical stock solution of the combination of Buschmann and Buschmann 2 can have a half-life of about 1 minute to about 5 minutes, as demonstrated by Bielski, because at high pH, many compounds are relatively stable and interference from the HO2 radical is minimized (Bielski, pg. 3019, right column, Pr3). Due to the decreasing lifetime of superoxide in aqueous media at the pH becomes less alkaline, co-solvents or emulsion compositions may be employed to improve the lifetime and activity of superoxide solution (Buschmann, [0199]).
Additional Disclosures Included:
Claim 20: the apparatus is placed in series with one or more existing water treatment systems (Buschmann 2, [0093] and [0162]).
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 BOI-LIEN THI NGUYEN whose telephone number is (703)756-4613. The examiner can normally be reached Monday to Friday, 8 am to 6 pm.
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/BOI-LIEN THI NGUYEN/Examiner, Art Unit 1779
/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779
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