Prosecution Insights
Last updated: April 19, 2026
Application No. 18/387,850

DEVICES, SYSTEMS, AND METHODS TO FACILITATE CRITICAL METAL EXTRACTION FROM WATER

Non-Final OA §103§112
Filed
Nov 07, 2023
Examiner
GURTOWSKI, RICHARD C
Art Unit
1773
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Katz Water Tech LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
541 granted / 755 resolved
+6.7% vs TC avg
Strong +39% interview lift
Without
With
+39.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
35 currently pending
Career history
790
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
43.7%
+3.7% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
29.3%
-10.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 755 resolved cases

Office Action

§103 §112
DETAILED ACTION For this Office action, Claims 1-3 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 . 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 1-3 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. Each of Claims 1-3 recite “at least one chemical precipitation system where the chemical precipitation system removes at least one metal that was removed from the water stream using the at least one biosorption column”; however, the limitation renders the claim indefinite because the claim language is unclear where the chemical precipitation system is removing the at least one metal from—the water stream or the biosorption column. Note that the remaining removal steps, such as the biosorption column limitation and the thermal dewatering system, note that the separation is happening from another component (such as the biosorption column adsorbing at least one metal from the water stream). This is not present with respect to the chemical precipitation system, only saying it removes the at least one metal that was removed from the water stream using the at least one biosorption column (not saying from where this metal is removed). The claim is therefore unclear whether the chemical precipitation system removes the at least one metal from the biosorption column or the water stream. For purposes of this examination, the examiner will assume the at least one metal is removed from the water stream. 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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Heiss (US Pat Pub. 2005/0139530) in view of Wei et al. (herein referred to as “Wei”, CN 115093020 A) and Santoro et al. (herein referred to as “Santoro”, US Pat Pub. 2022/0267183). Regarding instant Claim 1, Heiss discloses a device (Abstract; Figure 1; water purifier) comprising: at least one pretreatment system, wherein the at least one pretreatment system removes at least one contaminant from a water stream (Figure 1; Paragraph [0027]; Y-type strainer that removes particulate of a certain size); and at least one chemical precipitation system where the chemical precipitation system removes at least one metal (Figure 1; Paragraph [0032]; Paragraph [0033]; coagulant 16, wherein coagulant combined with downstream UF modules would remove metal). However, the reference is silent on a biosorption column and at least one thermal dewatering system. Heiss does disclose a column of adsorptive media (Figure 1; Paragraph [0029]; hydrocarbon adsorptive media). Wei discloses a detoxification method of heavy metal sewage anaerobic biological section in the same field of endeavor as the instant application, as it solves the mutual problem of removing metals from water (Abstract). Wei further discloses a biosorption column that removes heavy metals via biological redox reactions, rendering the heavy metal state low-toxic or non-toxic, aiding in flocculation/coagulation removal (Paragraph [0002]; Paragraph [0003]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the adsorptive column and coagulation of Heiss by further including the biosorption column as taught by Wei because Wei discloses such biosorption column uses biological redox reactions to render the heavy metal low-toxic and non-toxic and more easily removed via flocculation. The coagulant of Heiss then can be chosen to remove the specific metal (Wei, Paragraphs [0002]-[0003]; Heiss, Figure 1; Paragraph [0029]; Paragraph [0032]). However, the combined references are silent on at least one thermal dewatering system. Note that Heiss purges solids from the pretreatment system (Paragraph [0027]; see purge ports). Santoro discloses methods and systems for treating fluid using a biochemical process under vacuum pressure in the same field of endeavor as the instant application, as it solves the mutual problem of treating a fluid comprising a particulate fraction and a soluble fraction (Abstract). Santoro further discloses the use of a thermal dewatering system to remove water from solids in order to enhance captured solids concentration and further recover water (Paragraph [0086]; Paragraph [0096]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the pretreatment system of Heiss to further comprise the thermal dewatering system of Santoro because Santoro discloses such a thermal dewatering system enhances captured solids concentration and further recovers water (Paragraph [0086]; Paragraph [0096]). Regarding instant Claim 2, Heiss discloses a system (Abstract; Figure 1; water purifier) comprising: at least one pretreatment system, wherein the at least one pretreatment system removes at least one contaminant from a water stream (Figure 1; Paragraph [0027]; Y-type strainer that removes particulate of a certain size); at least one chemical precipitation system where the chemical precipitation system removes at least one metal (Figure 1; Paragraph [0032]; Paragraph [0033]; coagulant 16, wherein coagulant combined with downstream UF modules would remove metal); and at least one control panel that runs the at least one chemical precipitation system (Figure 1; Paragraph [0027]; Paragraph [0032]; Paragraph [0033]; see ACS/automated control system). However, the reference is silent on a biosorption column and at least one thermal dewatering system. Heiss does disclose a column of adsorptive media (Figure 1; Paragraph [0029]; hydrocarbon adsorptive media). Wei discloses a detoxification method of heavy metal sewage anaerobic biological section in the same field of endeavor as the instant application, as it solves the mutual problem of removing metals from water (Abstract). Wei further discloses a biosorption column that removes heavy metals via biological redox reactions, rendering the heavy metal state low-toxic or non-toxic, aiding in flocculation/coagulation removal (Paragraph [0002]; Paragraph [0003]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the adsorptive column and coagulation of Heiss by further including the biosorption column as taught by Wei because Wei discloses such biosorption column uses biological redox reactions to render the heavy metal low-toxic and non-toxic and more easily removed via flocculation. The coagulant of Heiss then can be chosen to remove the specific metal (Wei, Paragraphs [0002]-[0003]; Heiss, Figure 1; Paragraph [0029]; Paragraph [0032]). However, the combined references are silent on at least one thermal dewatering system. Note that Heiss purges solids from the pretreatment system (Paragraph [0027]; see purge ports). Santoro discloses methods and systems for treating fluid using a biochemical process under vacuum pressure in the same field of endeavor as the instant application, as it solves the mutual problem of treating a fluid comprising a particulate fraction and a soluble fraction (Abstract). Santoro further discloses the use of a thermal dewatering system to remove water from solids in order to enhance captured solids concentration and further recover water (Paragraph [0086]; Paragraph [0096]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the pretreatment system of Heiss to further comprise the thermal dewatering system of Santoro because Santoro discloses such a thermal dewatering system enhances captured solids concentration and further recovers water (Paragraph [0086]; Paragraph [0096]). Regarding instant Claim 3, Heiss discloses a water treatment method to remove at least one metal (Abstract; Figure 1; Paragraph [0032]; Paragraph [0033]; method using water purifier; coagulant and downstream UF modules would remove at least one metal) comprising: introducing a water stream into a device (Figure 1; Paragraph [0027]; water source pumping into water purifier); removing at least one contaminant from the water stream using a pretreatment system connected to the device (Figure 1; Paragraph [0027]; Y-type strainer that removes particulate of a certain size); and precipitating out at least one metal removed from the water stream using a chemical precipitation method (Figure 1; Paragraph [0032]; Paragraph [0033]; coagulant 16, wherein coagulant combined with downstream UF modules would remove metal). However, the reference is silent on biosorption and a thermal dewatering system. Heiss does disclose a column of adsorptive media (Figure 1; Paragraph [0029]; hydrocarbon adsorptive media). Wei discloses a detoxification method of heavy metal sewage anaerobic biological section in the same field of endeavor as the instant application, as it solves the mutual problem of removing metals from water (Abstract). Wei further discloses a biosorption column that removes heavy metals via biological redox reactions, rendering the heavy metal state low-toxic or non-toxic, aiding in flocculation/coagulation removal (Paragraph [0002]; Paragraph [0003]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the adsorptive column and coagulation of Heiss by further including the biosorption column as taught by Wei because Wei discloses such biosorption column uses biological redox reactions to render the heavy metal low-toxic and non-toxic and more easily removed via flocculation. The coagulant of Heiss then can be chosen to remove the specific metal (Wei, Paragraphs [0002]-[0003]; Heiss, Figure 1; Paragraph [0029]; Paragraph [0032]). However, the combined references are silent on at least one thermal dewatering system. Note that Heiss purges solids from the pretreatment system (Paragraph [0027]; see purge ports). Santoro discloses methods and systems for treating fluid using a biochemical process under vacuum pressure in the same field of endeavor as the instant application, as it solves the mutual problem of treating a fluid comprising a particulate fraction and a soluble fraction (Abstract). Santoro further discloses the use of a thermal dewatering system to remove water from solids in order to enhance captured solids concentration and further recover water (Paragraph [0086]; Paragraph [0096]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the pretreatment system of Heiss to further comprise the thermal dewatering system of Santoro because Santoro discloses such a thermal dewatering system enhances captured solids concentration and further recovers water (Paragraph [0086]; Paragraph [0096]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT. 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 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 12/30/2025
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Prosecution Timeline

Nov 07, 2023
Application Filed
Dec 30, 2025
Non-Final Rejection — §103, §112
Mar 09, 2026
Examiner Interview Summary
Mar 09, 2026
Applicant Interview (Telephonic)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+39.2%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 755 resolved cases by this examiner. Grant probability derived from career allow rate.

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