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 Status
Claims 1-25 are pending:
Claims 1-25 are rejected.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. GB2300221 filed on 01/06/2023.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-4, 10, 13-15 and 17-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 18/968,094. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1-20 of the reference application ‘094 fall within the scope of claims 1-4, 10, 13-15 and 17-22 of the instant invention, and therefore claims 1-4, 10, 13-15 and 17-22 are anticipated by claims 1-20 of the reference application ‘094.
Regarding claim 1, the copending claims recite a water treatment unit for improving the quality of water in a water system; the water treatment unit comprising: a housing comprising a container (see copending claim 1), the container having an inlet and an outlet configured to allow a flow of water into and out of the container (see copending claim 1), respectively (see copending claim 1); a magnet configured to attract ferrous particles and retain the ferrous particles to remove the ferrous particles from the flow of water (see copending claim 1); a sacrificial anode configured to provide cathodic protection and scavenge oxygen from the flow of water (see copending claim 1); and a filter element (see copending claim 1) configured to remove detritus from the flow of water; wherein the magnet, sacrificial anode, and filter element are located within the container (see copending claim 1).
Regarding claim 2, the copending claims recite the water treatment unit according to claim 1, wherein the container comprises a splitting element that extends across the container and divides the container into an inlet section and an outlet section, wherein the splitting element comprises a central aperture configured to allow the flow of water to flow from the inlet section of the container to the outlet section of the container (see copending claim 1).
Regarding claim 3, the copending claims recite the water treatment unit according to claim 2, wherein the filter element is located in the outlet section of the container (see copending claim 4).
Regarding claim 4, the copending claims recite the water treatment unit according to claim 3, wherein the filter element extends from the splitting element into the outlet section of the container (see copending claim 5).
Regarding claim 10, the copending claims recite the water treatment unit according to claim 6, further comprising a drain located in the bottom wall of the container, the drain comprising a drain pipe and a drain valve configured to allow the container to be drained.
Regarding claim 13. (Currently Amended) The water treatment unit according to claim 1,wherein the magnet is attached to a handle extending out of the top of the housing, the handle being configured to remove the magnet from the housing.
Regarding claim 14. (Currently Amended) The water treatment unit according to claim 1,wherein the magnet extends from the inlet section of the container through the central aperture and into the outlet section of the container.
Regarding claim 15. (Currently Amended) The water treatment unit according to claim 1,wherein magnet is formed from neodymium (see copending claim 19), and comprises a stainless steel coating (see copending claim 19).
Regarding claim 17, the copending claims recite the water treatment unit according to claim 1,wherein the sacrificial anode extends from the inlet section of the container through the central aperture and into the outlet section of the container.
Regarding claim 18, the copending claims recite the water treatment unit according to claim 1,wherein the sacrificial anode is an unmeshed anode (see copending claim 13).
Regarding claim 19, the copending claims recite the water treatment unit according to claim 1,wherein the sacrificial anode is formed from magnesium (see copending claim 13).
Regarding claim 20, the copending claims recite the water treatment unit according to claim 1,further comprising a flow diverter located in the container and proximate to the inlet, the flow diverter being configured to divert the flow of water toward an inner surface of the container (implied, see copending claim 18).
Regarding claim 21, the copending claims recite the water treatment unit according to claim 20, wherein the flow diverter is configured to induce a vortex in the flow of water in the inlet section to improve separation efficiency (implied, see copending claim 18).
Regarding claim 22, the copending claims recite the water treatment unit according to claim 1,further comprising a pressure vent located in a top wall of the container, pressure vent configured to allow micro bubbles to exit the container (see copending claim 19).
Claims 5-9, 11-12, 16 and 23-25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/968,094 in view of IWTM (NPL Document Title: Protector, see IDS filed 05/10/2024). This is a provisional nonstatutory double patenting rejection.
Regarding claim 5, the copending claims recite the water treatment unit according to claim 4.
Regarding claim 6, the copending claims and IWTM teach the water treatment unit according to claim 5, wherein the filter element is a hollow cylindrical filter element configured such that the flow of water has to pass through the filter element before the flow of water can exits through the outlet (see copending claim 7).
Regarding claim 7, the copending claims recite the water treatment unit according to claim 4.
Regarding claim 8, the copending claims and IWTM teach the water treatment unit according to claim 7, wherein the filter element is formed from a stainless steel mesh (see copending claim 9).
Regarding claim 9, the copending claims recite the water treatment unit according to claim 4.
Regarding claim 11, the copending claims and IWTM teach the water treatment unit according to claim 10.
Regarding claim 12, the copending claims recite the water treatment unit according to claim 1.
Regarding claim 16, the copending claims recite the water treatment unit according to claim 1.
Regarding claim 23, the copending claims recite the water treatment unit according to claim 1.
Regarding claim 24, the copending claims recite the water treatment unit according to claim 1.
Regarding claim 25, the copending claims recite the water treatment unit according to claim 1.
The copending claims do not recite wherein the filter element extends from the splitting element to a bottom wall of the container. The copending claims do not recite wherein the filter element is a 55 um screen or a 110 um screen. The copending claims do not recite wherein the filter element is formed by a 1 um bag filter. The copending claims do not recite wherein the bottom wall of the container comprises a collection zone configured to retain detritus that settles on the bottom wall within the filter element in the container. The copending claims do not recite wherein the magnet is located between the inlet and the sacrificial anode. The copending claims do not recite wherein the magnet is between 140 and 1100 mm in length. The copending claims do not recite further comprising an inlet pressure gauge. The copending claims do not recite further comprising an outlet pressure gauge. The copending claims do not recite further comprising an amp meter configured to display the anode current as an indication of the functionality of the sacrificial anode.
In a related field of endeavor, IWTM teaches a protector (see pg. 1) comprising a filter element extends from the splitting element to a bottom wall of the container (see Figure on pg. 9), wherein the filter element is a 55 um screen or a 110 um screen (110 or 55 um, see pg. 9), wherein the filter element is formed by a 1 um bag filter (1 um bag filter, see pg. 9), wherein the bottom wall of the container comprises a collection zone configured to retain detritus that settles on the bottom wall within the filter element in the container, wherein the magnet is located between the inlet and the sacrificial anode, wherein the magnet is between 140 and 1100 mm in length (total length 600 mm, see pg. 9; the prior art length falls within the range of the claimed invention), an inlet pressure gauge (inlet pressure gauge 3), an outlet pressure gauge (outlet pressure gauge 7), and an amp meter (amp meter 5) configured to display the anode current as an indication of the functionality of the sacrificial anode (see Figure on pg. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of the copending claims by incorporating an inlet pressure gauge, outlet pressure gauge and amp meter as disclosed by IWTM because it is the simple of addition of known devices to a known water treatment device obviously resulting in achieving the pressure result of using measurement tools to provide system conditions to monitor safety and performance issues in hydraulic/pneumatic systems with an expectation of success. The use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, C.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of the copending claims by rearranging the filter element, magnet and collection device as disclosed by IWTM because this configuration provides a design for closed heating and cooling systems with the best water treatment efficiency (IWTM, see pg. 4).
Claim Rejections - 35 USC § 102
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 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 1-17 and 19-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IWTM (NPL Document Title: Protector, see IDS filed 05/10/2024).
Regarding claim 1, IWTM teaches a water treatment unit for improving the quality of water in a water system;
the water treatment unit comprising:
a housing comprising a container (see Figure on pg. 9), the container having an inlet (see inlet on pg. 9) and an outlet (see outlet on pg. 9) configured to allow a flow of water into and out of the container (see pg. 9), respectively;
a magnet (neodymium magnets 3) configured to attract ferrous particles and retain the ferrous particles to remove the ferrous particles from the flow of water (see pg. 9);
a sacrificial anode (sacrificial anodes 4) configured to provide cathodic protection and scavenge oxygen from the flow of water (see pg. 9); and
a filter element (interchangeable filter elements/bags 5) configured to remove detritus from the flow of water;
wherein the magnet, sacrificial anode, and filter element are located within the container (see Figure on pg. 9).
Regarding claim 2, IWTM teaches the water treatment unit according to claim 1, wherein the container comprises a splitting element (corresponds to circular plate on pg. 9) that extends across the container and divides the container into an inlet section and an outlet section (see Figure on pg. 9), wherein the splitting element comprises a central aperture configured to allow the flow of water to flow from the inlet section of the container to the outlet section of the container (see Figure on pg. 9).
Regarding claim 3, IWTM teaches the water treatment unit according to claim 2, wherein the filter element is located in the outlet section of the container (see Figure on pg. 9).
Regarding claim 4, IWTM teaches the water treatment unit according to claim 3, wherein the filter element extends from the splitting element into the outlet section of the container (see Figure on pg. 9).
Regarding claim 5, IWTM teaches the water treatment unit according to claim 4, wherein the filter element extends from the splitting element to a bottom wall of the container (see Figure on pg. 9).
Regarding claim 6, IWTM teaches the water treatment unit according to claim 5, wherein the filter element is a hollow cylindrical filter element configured such that the flow of water has to pass through the filter element before the flow of water can exits through the outlet (see Figure on pg. 9).
Regarding claim 7, IWTM teaches the water treatment unit according to claim 4, wherein the filter element is a 55 um screen or a 110 um screen (110 or 55 um, see pg. 9).
Regarding claim 8, IWTM teaches the water treatment unit according to claim 7, wherein the filter element is formed from a stainless steel mesh (stainless-steel mesh, see pg. 9).
Regarding claim 9, IWTM teaches the water treatment unit according to claim 4, wherein the filter element is formed by a 1 um bag filter (1 um bag filter, see pg. 9).
Regarding claim 10, IWTM teaches the water treatment unit according to claim 6, further comprising a drain (drain 7) located in the bottom wall of the container (see Figure on pg. 9), the drain comprising a drain pipe and a drain valve configured to allow the container to be drained (see Figure on pg. 9).
Regarding claim 11, IWTM teaches the water treatment unit according to claim 10, wherein the bottom wall of the container comprises a collection zone (corresponds to area/zone adjacent to bottom 6) configured to retain detritus that settles on the bottom wall within the filter element in the container (see Figure on pg. 9).
Regarding claim 12, IWTM teaches the water treatment unit according to claim 1,wherein the magnet is located between the inlet and the sacrificial anode (dry magnets are installed in front of the sacrificial anodes to protect them from ferrous particles, see pg. 9 and see Figure on pg. 9).
Regarding claim 13, IWTM teaches the water treatment unit according to claim 1,wherein the magnet is attached to a handle extending out of the top of the housing (corresponds to handle at the top of housing which is attached to magnet 4), the handle being configured to remove the magnet from the housing (this function is implied in Figure on pg. 9).
Regarding claim 14, IWTM teaches the water treatment unit according to claim 1,wherein the magnet extends from the inlet section of the container through the central aperture and into the outlet section of the container (see Figure on pg. 9).
Regarding claim 15, IWTM teaches the water treatment unit according to claim 1,wherein magnet is formed from neodymium (i.e. neodymium), and comprises a stainless steel coating (coated in stainless steel, see pg. 9) .
Regarding claim 16, IWTM teaches the water treatment unit according to claim 1,wherein the magnet is between 140 and 1100 mm in length (total length 600 mm, see pg. 9; the prior art length falls within the range of the claimed invention).
Regarding claim 17, IWTM teaches the water treatment unit according to claim 1,wherein the sacrificial anode (sacrificial anode 4) extends from the inlet section of the container through the central aperture and into the outlet section of the container (see Figure on pg. 9).
Regarding claim 19, IWTM teaches the water treatment unit according to claim 1, wherein the sacrificial anode is formed from magnesium (magnesium anode, see pg. 9).
Regarding claim 20, IWTM teaches the water treatment unit according to claim 1, further comprising a flow diverter (inlet diverter 2) located in the container and proximate to the inlet (see Figure on pg. 9), the flow diverter being configured to divert the flow of water toward an inner surface of the container (water entering the protector is immediately directed towards the inner walls, see pg. 9).
Regarding claim 21, IWTM teaches the water treatment unit according to claim 20, wherein the flow diverter is configured to induce a vortex in the flow of water in the inlet section to improve separation efficiency (creating a “vortex” that improves separation efficiency, see pg. 9).
Regarding claim 22, IWTM teaches the water treatment unit according to claim 1, further comprising a pressure vent (vent valve 1) located in a top wall of the container (see Figure on pg. 9), pressure vent configured to allow micro bubbles to exit the container (excess air (blisters) will rise up and out of the vent valve, see pg. 16).
Regarding claim 23, IWTM teaches the water treatment unit according to claim 1, further comprising an inlet pressure gauge (inlet pressure gauge 3).
Regarding claim 24, IWTM teaches the water treatment unit according to claim 1, further comprising an outlet pressure gauge (outlet pressure gauge 7).
Regarding claim 25, IWTM teaches the water treatment unit according to claim 1, further comprising an amp meter (amp meter 5) configured to display the anode current as an indication of the functionality of the sacrificial anode (see Figure on pg. 8).
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over IWTM (NPL Document Title: Protector, see IDS filed 05/10/2024) in view of Green (US 2002/0139755).
Regarding claim 18, IWTM teaches the water treatment unit according to claim 1.
IWTM does not teach wherein the sacrificial anode is an unmeshed anode.
In a related of endeavor, Green teaches gas-liquid contact apparatus (see ABS) comprising a sacrificial anode that is an unmeshed anode (contains a solid cylindrical bar of zinc 185 used as a sacrificial anode, see ¶43).
It would have been obvious to one of ordinary skill in the art the effective filing date of the invention to replace the sacrificial anode of IWTM with the unmeshed sacrificial anode (solid cylindrical bar of zinc used as sacrificial anode) of Green because it is the simple substitution of one known sacrificial anode means with another known sacrificial anode means obviously resulting in a suitable anode source and for the benefit of providing a continuous, reliable and cost-effective cathodic protection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EKANDRA S. MILLER-CRUZ whose telephone number is (571)270-7849. The examiner can normally be reached M-Th 7 am - 6 pm EST.
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/EKANDRA S. MILLER-CRUZ/Primary Examiner, Art Unit 1773