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 .
DETAILED ACTION
This Final Office action is based on the 18/355128 application originally filed July 19, 2023.
Claims 1-11, filed December 09, 2025, are pending and have been fully considered.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pimentel et al. (US 2014/0262989) hereinafter “Pimentel” in view of Newenhizen (US 2005/0109703).
Regarding Claims 1-11
Pimentel discloses in the abstract, a water filtering system.
Pimentel discloses in paragraph 0005, a water filtering system is provided that measures a concentration of an impurity in incoming water, and more specifically, a TDS concentration in the incoming water, and automatically moves a bypass valve between a closed position and an open position based on the measured concentration of TDS for maintaining desired TDS concentrations.
Pimentel discloses in paragraph 0014 and FIGS. 1-2, a water filtering system and more specifically, a reverse osmosis filtering system generally designated as reference number 10, includes at least one treatment tank 12 having at least one filter, preferably a reverse osmosis membrane 14 for removing impurities, such as dissolved solids, from feed water. The treatment tank 12 includes at least one incoming port or inlet 16 and at least one outgoing port or outlet 18. It should be appreciated that the treatment tank 12 may be a bladder tank, an atmospheric tank or any suitable tank. The filtering system 10 also does not have to include a treatment tank where the filter is installed directly in the inlet, the outlet, between the inlet and the outlet or in any other suitable part of the system. In the illustrated embodiment, incoming water or feed water is transferred to the treatment tank 12 via the inlet 16. Inside the treatment tank 12, a reverse osmosis filtering process is used to remove a portion of the feed water, i.e., retenate such as larger solids and other impurities in the water, and pass the remaining portion of the feed water, i.e., permeate, through the reverse osmosis filter. Specifically, the pressure inside the treatment tank 12 on the inlet side of the filter is increased to a level that is greater than the osmotic pressure in the tank to force the feed water through the filter and to the portion of the tank at the outlet side of the filter. It should be appreciated that one filter 14 (FIG. 1) or a plurality of filters 14 a, 14 b (FIG. 2) may be installed in the treatment tank 12 to filter the feed water. The retenate is removed from the treatment tank 12 via a drain 19.
Pimentel discloses in paragraph 0016, to help control the TDS concentration levels in the water, the present reverse osmosis filtering system 10 includes a controller 20 that automatically monitors TDS concentration levels at various points in the system, and a bypass or bypass line 21 including an automated, modulated bypass valve or bleed valve 22 connected to the outlet 18 of the treatment tank 12 to re-direct filtered or product water through the bypass line from the outlet 18 to the inlet 16 based on the measured TDS concentration levels communicated to the controller. It should be appreciated that the bypass valve 22 may be a hydraulic valve or any suitable valve. Additionally, it is contemplated that the present reverse osmosis filtering system 10 may include one or a plurality of bypasses 21 and/or bypass valves 22 for moving the treated product water from the outlet 18 to the inlet 16.
Pimentel discloses in paragraph 0017, a pump 24 is connected to the bypass line 21 and is turned “on” or activated by the controller 20 when the bypass valve 22 is opened to pump the product water from the outlet 18, through the bypass line 21 and to the inlet 16. It should be appreciated the bypass may include one or more pumps 24, and that the pump may be a hydraulic pump or any suitable pump. It is contemplated that modulation logic programmed into the controller can utilize the operation of the pump 24, i.e., when the pump is “on” or running, to control the mixing ratio of the feed water to the product water at the inlet 16. The data on the operation of the pump 24 can also be used to determine the integrity of the filter or filters in the filtering system. For example, an increase in the operation of the pump 24 indicates that degradation and/or scaling of the filter or filters in the system are occurring.
Pimentel discloses in paragraph 0019, the controller 20 and modulated bypass valve 22 of the present reverse osmosis filtering system 10 overcomes the above problems. As shown in FIG. 1, the controller 20 includes a plurality of measurement devices such as probes 26 connected to different monitoring points in the filtering system 10 where the probes automatically measure the concentration levels of TDS in the water at the monitoring points. Specifically in the illustrated embodiment, probes 26 are installed or mounted at the water inlet 16, the treatment tank 12, the outlet 18, the bypass valve 22 and the pump 24. It should be appreciated that the present filter system 10 may have one measurement device or probe 26 or any suitable number of probes installed in the filtering system and in communication with the controller 20. Based on the TDS concentration levels measured by the probe or probes 26 at one or more of the monitoring points, the controller 20 sends a signal to the bypass valve 22 to turn “on” or “off” resulting in the valve moving to a fully open position, a fully closed position or a partially open position, i.e., a position between the open position and the closed position, depending on the mixing ratio of the product water to the filtered water required at the inlet 16 to produce the desired TDS concentration level at the outlet 18.
Pimentel discloses in paragraph 0025, in a further embodiment, one or a plurality of flow meters 34 are connected to at least one of the following: the inlet 16, the bypass line 21 and the outlet 18, for determining the flow rate of the water at one or more of these locations and adjusting the flow rate as needed to control the mixing ratio of the feed water and the product water at the inlet 16 to achieve designated TDS concentration levels in the product water. The flow meters 34 may be any suitable flow meters used to measure fluid flow.
It is to be noted, Pimentel fails to further disclose sensors, water leak detection and multi-filter unit.
However, it is known in the art for a water treatment system comprising a pump to comprise sensors, water leak detection and multi-filter unit, as taught by Newenhizen.
Newenhizen discloses in the abstract, a fluid treatment system includes at least one flow-through tank, a treatment device configured for treating at least one of an untreated fluid and a treated fluid and providing the treated fluid to the at least one flow-through tank and at least one sensing device configured for sensing the quality of fluid in the at least one flow-through tank.
Newenhizen further discloses in paragraph 0022, a water quality sensor 24 at least partially positioned within or associated to be in fluid communication with the tank 12 determines whether the quality of the water 18 in the flow-through tank 12 is below a predetermined water quality threshold, and provides a signal to a control panel 26. The control panel 26 operates, among other things, the side-stream treatment device 16 and reactivates the device, causing treatment of the water 18 in the tank 12 until a selected water quality level is again detected by the sensor 24. It is anticipated that a water quality sensor or sensors could be used at multiple locations in the tank 12 or the water system 10 to signal information to the control panel 26.
Newenhizen discloses in paragraph 0026 and FIG. 2 illustrates a treatment device 16 that is an exemplary reverse osmosis (RO) system, generally designated as 46, which is operable with the present flow-through tank 12 of FIG. 1. When the water quality sensor 24 (see FIG. 1) measures the water quality level below a predetermined water quality threshold, then the water 18 is fed through the line 38 to the RO system 46. The water 18 then passes through an open inlet solenoid valve 48 which is controlled by the control panel 26. Optionally, a prefilter 50 can be included to protect the RO system 46 from any contaminant particles that may be present in the water 18. The water 18 next enters a pressure vessel 52 having an internal RO membrane 54 (shown hidden). The water 18 is passed through the membrane 54 and separated into a high quality product water, and a low quality concentrated water supply that passes through a line 56 that feeds into a drain 58.
Newenhizen discloses in paragraph 0027, a line 60 feeds low TDS product water (i.e., higher quality water) to a pressure pump 62 which is controlled by the control panel 26. Although a pump to create a pressure differential in a RO system is typically employed on a feed side of the membrane 54, it is preferred to position the present pump 62 so that low TDS product water is pumped after passing through the membrane 54. Such positioning of the pump 62 is advantageous because a smaller pump may be used. In addition, the pump 62 provides a reliable pressure boost for the low TDS product water passing through the line 40 to return the water to the flow-through tank 12.
Newenhizen discloses in paragraph 0028, pressurized product water from the pump 62 passes through a line 64 to a check valve 66 and then through a line 68 and into a three-way solenoid valve 70 that is also controlled by the control panel 26. Low TDS product water is then either directed to the drain 58 via a line 72 or flows through the solenoid valve 70 and the line 40 and is returned to the flow-through tank 12. The control panel 26 of FIG. 1, upon receiving a turn-on signal from the sensor 24, energizes the solenoid valves 48 and 70 and the pump 62 to turn on the RO system 46 and generate the low TDS product water. When the sensor 24 determines that the water quality level is at or above the predetermined threshold, the control panel 26 no longer receives the turn-on signal and causes the solenoid valves 48 and 70, and the pump 62, to be de-energized. Consequently, the treating of the water 18 is discontinued and the outlet three-way solenoid valve 70 opens to the drain 58, which relieves any backpressure on the RO membrane 54. It is contemplated that the valving and arrangement of conduits may vary to suit the application provided the basic flow patterns described above are maintained.
Newenhizen discloses in paragraph 0038, it can be seen that valves 215 and 216 operate together in a switching type of mode. That is, when the valve 215 places the tank 204 in the service position; the valve 216 places the opposite tank, 202, in the refill-with-treated-water position. Valves 212 and 214 only operate when the treatment device 16 is working to refill each respective tank. After the control panel 26 receives the low quality signal from the sensor 210, it reverses the valves 215 and 216 to place the tank 204 in the service position and the tank 202 in the refill position.
Newenhizen, the control panel 26 turns on the treatment device 16. The treatment device 16 will then continue to run, receiving inlet water from the line 206 and monitoring quality at the sensor 218 as the water being pushed out of the tank 202 is sent to drain at 222 through the activated valve 212. Once the control panel 26 has determined that the water quality at the sensor 218 has reached the desired level, it will turn off the treatment device 16 and the valve 212. Flow into the tank 202, now filled with treated water, will cease and the tank will remain in this stand-by position until the quality of water being delivered by the tank 204 and monitored by a sensor 224, also part of the selection mechanism, is determined to be below the desired level. At that time, the tanks 202 and 204 will reverse modes as described above, and the tank 202 will begin delivering service water and the tank 204 will go into the refill mode.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add the detection and sensor system of Newenhizen to the water treatment system of Pimentel. The motivation to do so is to use a detection and sensor system to monitor levels, pressure and quality.
Response to Arguments
Applicant's arguments filed December 09, 2025 have been fully considered but they are not persuasive.
Applicants argued: “Pimentel fails to describe or contemplate any modularity that assembles these components into a single unit. As recognized by the Examiner, Pimentel also fails to describe sensors, water leak detection, and a multi-filter unit. Newenhizen, [0022]. Newenhizen fails to describe pressure sensors that are configured to monitor system pressure. Newenhizen further fails to describe an external leak detector that is configured to trigger an alarm signal upon detection of a leak. Id. at [0040]. Lastly, Newenhizen fails to disclose or suggest any modularity of components as recited in the present claims.”
Applicants arguments are not deemed persuasive. As stated in the above rejection, Figure 1 and paragraphs 0016-0019, of Pimentel, disclose the water filtering system is connected through modulating valve that connects all devices, including a controller, one or pump, flow meters, treatment tank and filters. Additionally, as stated in the above rejection, Newenhizen discloses sensors for detecting certain operations of the system (i.e. water quality, pressure, levels, flow, etc.). It is to be noted, applicants newly submitted “enclosed housing” fails to provide actual structure to the housing for the devices of the system. It is noted that the features upon which applicant relies (i.e., the present system consolidates its components into a single compact unit in which each component is separately mounted and separately connected) 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). It is recommended for applicants to amend the claims to include the structure of “enclosed housing” as currently stated in the specification (see paragraphs 0013 and 0032).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Huang (US 2016/0060135) discloses in the abstract, a RO water purification system includes a RO pressure pump, a motor and a microprocessor control unit and a method thereof includes: providing the motor in the RO pressure pump; utilizing the microprocessor control unit to control the motor and to measure at least one motor operation data; utilizing the motor operation data to calculate inflow water pressure data and outflow water pressure data; utilizing the inflow water pressure data and outflow water pressure data to adjust the operation of the motor for enhancing the efficiency of systematic operation.
Hank (US 2009/0218285) discloses in the abstract, a control device for a filtration unit for filtering a fluid, the control device comprising an integrity test unit for performing an integrity test for checking the functional integrity of the filtration unit, and a reaction unit for determining a reaction based on a result of the integrity test.
THIS ACTION IS MADE FINAL. 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 LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Latosha Hines/Primary Examiner, Art Unit 1771