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 .
Status of Claims
Claims 1-13 are currently pending
Claims 9-13 are new
Claims 1-8 are currently amended
Claims 1-13 are currently rejected
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 9-12 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 9 recites the limitation "the water quality measurement system includes no valve…” on line 2. It is unclear and confusing how a system itself can or cannot include a valve between two pipes? Did Applicant intend to recite “no valve between the first pipe and the third pipe including the water quality measurement system” instead?
Claim 10 recites the limitation "the water quality measurement system includes no valve…” on line 2. It is unclear and confusing how a system itself can or cannot include a valve between two pipes?
Claim 11 recites the limitation "the water quality measurement system includes no valve…” on line 2. It is unclear and confusing how a system itself can or cannot include a valve between two pipes?
Claim 12 recites the limitation "the water quality measurement system includes no valve…” on lines 2, 4 and 6. It is unclear and confusing how a system itself can or cannot include a valve between two pipes?
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 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over FUKUZAWA et al. (U.S. 2020/0049682 A2) (hereinafter “Fuku”).
Regarding Claim 1:
Fuku teaches a water quality measurement system (see FIG. 1, water measurement apparatus 2 provided with a casing 4) (see paragraphs 5-8 and 36-38), comprising:
a first pipe through which a first treated water flows, the first treated water being a first ultra pure water (see FIG. 1, supply pipes 22-1 and 24-1) (see paragraphs 36-37, 39-40 and 42-45);
a first branch pipe branching from the first pipe, the first branch pipe having a first valve (see FIG. 1, supply pipes 22-1 and 24-1) (see FIG. 1, numerous valves 34-2, 34-1, 28-1 and 30-1) (see paragraphs 39, 43 and 48);
a second pipe through which a second treated water flows, the second treated water being a second ultra pure water (see FIG. 1, supply pipes 22-2 and 24-2) (see paragraphs 36-37, 39-40 and 42-45);
a second branch pipe branching from the second pipe, the second branch pipe having a second valve (see FIG. 1, supply pipes 22-2 and 24-2) (see FIG. 1, numerous valves 34-3, 34-4, 28-2 and 30-2) (see paragraphs 39, 43 and 48);
a third pipe connected to a connection between the first pipe and the second pipe and through which the first treated water and the second treated water flow (see FIG. 1, unit 8 including a branch pipe connected to the first pipe and the second pipe) (see paragraphs 46-47); and
a water quality measurement device configured to measure a water quality of a treated water flowing (see FIG. 1, measuring units 20-1 and/or 20-2) (see paragraphs 37-39, 41, 43-45 and 50-53), wherein:
the third pipe has no valve on its entirety including the connection (see FIG. 1, unit 8 including a branch pipe connected to the first pipe and the second pipe) (see paragraphs 46-47) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Although Fuku teaches multiple water quality measurement devices configured to measure a water quality of untreated and treated water flowing through the measurement apparatus/system 2, Fuku does not explicitly teach a water quality measurement device configured to measure a water quality of a treated water flowing through the third pipe. However, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the water quality measurement system of Fuku to include/add a measurement device in the third pipe in order to effectively and accurately measure characteristics/parameters of the water flowing through the system in order to adjust accordingly via the control unit 14 of Fuku (see paragraphs 46-47 and 50-53) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Regarding Claim 2:
Fuku teaches the water quality measuring system according to claim 1, further comprising:
a switching device (see FIGS. 1, 5 and 6, a switching unit 10) configured to switch opening/closing of the first valve and the second valve so that one of the first valve and the second valve is opened and another of the first valve and the second valve is closed (see FIG. 1, numerous valves 34-2, 34-1, 28-1 and 30-1) (see paragraphs 8, 48 and 50-43).
Regarding Claim 3:
Fuku teaches the water quality measuring system according to claim 1, wherein:
the water quality measurement device is a fine particle measurement device or a microorganism measurement device (Examiner’s note: this claim limitation is in an alternative form and therefore only one has to occur) (see FIG. 1, measuring units 20-1 and/or 20-2) (see paragraphs 37-39, 41, 43-45 and 50-53).
Regarding Claim 4:
Fuku teaches the water quality measuring system according to claim 1, wherein:
the first pipe and the second pipe are connected to a fourth pipe configured to supply one treated water so as to allow a same treated water to flow through the first pipe and the second pipe (see FIGS. 1, 5 and 6, a connection pipe 32) (see paragraph 48); and
the second pipe has a filter capable of capturing a fine particle or a microorganism (Examiner’s note: this claim limitation is in an alternative form and therefore only one has to occur) (see FIG. 10, a strainer 72-2 acting as a filter in the second pipe) (see paragraphs 100-101).
Regarding Claim 5:
Fuku teaches the water quality measuring system according to claim 4, wherein:
the filter is a microfiltration membrane or an ultrafiltration membrane capable of capturing the fine particle (see FIG. 10, a strainer 72-2 acting as a filter in the second pipe) (see paragraphs 100-101), and
the water quality measurement device is a fine particle measurement device (see FIG. 1, measuring units 20-1 and/or 20-2) (see paragraphs 37-39, 41, 43-45 and 50-53).
Although Fuku does not explicitly teach the filter is a microfiltration membrane or an ultrafiltration membrane capable of capturing a fine particle, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the strainer/filter of Fuku to be a microfiltration membrane or an ultrafiltration membrane for optimization purposes (see paragraphs 46-47 and 50-53).
Regarding Claim 6:
Fuku teaches the water quality measuring system according to claim 1, further comprising:
a controller configured to repeatedly switch opening/closing of the first valve and the second valve alternately in a predetermined time (see FIG. 1, a control unit 14) (see paragraphs 46-47 and 50-53).
Regarding Claim 7:
Fuku teaches a water quality measurement method (see FIG. 1, water measurement apparatus 2 provided with a casing 4) (see paragraphs 5-8 and 36-38), comprising:
a first supply step of supplying a first treated water into a first pipe with a first branch pipe having a first valve, the first treated water being a first ultra pure water (see FIG. 1, supply pipes 22-1 and 24-1) (see FIG. 1, numerous valves 34-2, 34-1, 28-1 and 30-1) (see paragraphs 39, 43 and 48);
a second supply step of supplying a second treated water into a second pipe with a second branch pipe having a second valve, the second treated water being a second ultra pure water (see FIG. 1, supply pipes 22-2 and 24-2) (see FIG. 1, numerous valves 34-3, 34-4, 28-2 and 30-2) (see paragraphs 39, 43 and 48);
a switching step of closing the first valve and opening the second valve, or opening the first valve and closing the second valve (Examiner’s note: this claim limitation is in an alternative form and therefore only one has to occur) (see FIGS. 1, 5 and 6, a switching unit 10) (see paragraphs 8, 48 and 50-43), to allow one of the first treated water and the second treated water to flow through a third pipe connected to a connection between the first pipe and the second pipe (see paragraphs 8, 48 and 50-43); and
a water quality measurement step of measuring a water quality of the first treated water or the second treated water flowing (Examiner’s note: this claim limitation is in an alternative form and therefore only one has to occur) (see FIG. 1, measuring units 20-1 and/or 20-2) (see paragraphs 37-39, 41, 43-45 and 50-53), wherein:
the third pipe has no valve on its entirety including the connection (see FIG. 1, unit 8 including a branch pipe connected to the first pipe and the second pipe) (see paragraphs 46-47) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Although Fuku teaches multiple water quality measurement devices configured to measure a water quality of untreated and treated water flowing through the measurement apparatus/system 2, Fuku does not explicitly teach a water quality measurement step of measuring a water quality of the first treated water or the second treated water flowing through the third pipe. However, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the water quality measurement system of Fuku to include/add a measurement device in the third pipe in order to effectively and accurately measure characteristics/parameters of the water flowing through the system in order to adjust accordingly via the control unit 14 of Fuku (see paragraphs 46-47 and 50-53) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Regarding Claim 8:
Fuku teaches the water quality measuring method according to claim 7, further comprising:
a control step of repeating steps of:
closing the first valve and opening the second valve (see FIG. 1, a control unit 14) (see paragraphs 46-47 and 50-53); and
opening the first valve and closing the second valve (see FIG. 1, a control unit 14) (see paragraphs 46-47 and 50-53),
alternately in a predetermined time in the switching step (see FIG. 1, a control unit 14) (see paragraphs 46-47 and 50-53).
Regarding Claim 9:
Fuku teaches the water quality measurement system according to claim 1, wherein:
the water quality measurement system includes no valve between the first pipe and the third pipe (Examiner’s note: it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the water quality measurement system of Fuku to include/add and rearrangement multiple structural components for optimization purposes) (see paragraphs 46-47 and 50-53) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts). (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Regarding Claim 10:
Fuku teaches the water quality measurement system according to claim 1, wherein:
the water quality measurement system includes no valve between the second pipe and the third pipe (Examiner’s note: it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the water quality measurement system of Fuku to include/add and rearrangement multiple structural components for optimization purposes) (see paragraphs 46-47 and 50-53) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts). (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Regarding Claim 11:
Fuku teaches the water quality measurement system according to claim 1, wherein:
the water quality measurement system includes no valve between the water quality measurement device and the third pipe (Examiner’s note: it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the water quality measurement system of Fuku to include/add and rearrangement multiple structural components for optimization purposes) (see paragraphs 46-47 and 50-53) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts). (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Regarding Claim 12:
Fuku teaches the water quality measurement system according to claim 1, wherein:
the water quality measurement system includes no valve between the first pipe and the third pipe (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts),
the water quality measurement system includes no valve between the second pipe and the third pipe (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts), and
the water quality measurement system includes no valve between the water quality measurement device and the third pipe (Examiner’s note: it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the water quality measurement system of Fuku to include/add and rearrangement multiple structural components for optimization purposes) (see paragraphs 46-47 and 50-53) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts). (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Regarding Claim 13:
Fuku teaches the water quality measurement system according to claim 1, wherein:
the first pipe is upstream of the third pipe (see FIG. 1, supply pipes 22-1 and 24-1),
the second pipe is upstream of the third pipe (see FIG. 1, supply pipes 22-2 and 24-2), and
the water quality measurement device is downstream of the third pipe (Examiner’s note: it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the water quality measurement system of Fuku to include/add and rearrangement multiple structural components for optimization purposes) (see paragraphs 46-47 and 50-53) (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts). (see paragraphs 181-182 regarding any modifications are possible) (see MPEP 2144.04 VI C. Rearrangement of Parts).
Other Reference Considered
ITO MASAYOSHI et al. (JPH 08166378 A) (hereinafter “Ito”) (see attached English description) teaches a water quality monitor system and method.
Response to Arguments
Applicant's arguments filed 12/04/2025 have been fully considered but focus on amended claims and new claims, which have been addressed above in the updated rejection (see above).
The previous claim objections have been considered and are now withdrawn as a result of the current claim amendments.
The previous 112(f) claim interpretation/analysis has been considered and is now withdrawn.
The previous 112(b) claim rejections have been considered and are now updated (see above).
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 AKASH K. VARMA whose telephone number is (571)272-9627. The examiner can normally be reached Monday-Friday 9-5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin L. Lebron can be reached at (571)-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKASH K VARMA/Primary Examiner, Art Unit 1773
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