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 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 1-8 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.
Regarding Claim 1, lines 6-7, Claim limitation states “a gravity settling clarifier downstream of the BNR process with means to produce an overflow of treated wastewater and an underflow of recycle activated sludge (RAS) ” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear if “means to produce” refers to a specific structure of the gravity settling clarifier or to a function that the gravity settling clarifier is inherently capable of achieving. The instant specification is silent to any further structure of the gravity settling clarifier. If the claim limitation is referring to an inherent capability, then the examiner suggests amending the claim limitation to “a gravity settling clarifier downstream of the BNR process capable of produc[[e]]ing”.
Regarding Claim 1, lines 12-14, claim limitation states “a RAS bypass conduit connected to the return conduit, providing means to convey a remaining portion of RAS from said underflow to a biological process zone downstream of the anaerobic biological process zone ” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear if “means to convey” refers to a specific structure of the RAS bypass conduit or to a function that the RAS bypass conduit is inherently capable of achieving. The instant specification is silent to any further structure of the RAS bypass conduit. If the claim limitation is referring to an inherent capability, then the examiner suggests amending the claim limitation to “a RAS bypass conduit connected to the return conduit, capable of conveying”.
Regarding Claim 1, lines 17-19 , claim limitation states “ and a remotely controllable flow diversion device having means for receiving mixed liquor from the internal recycle conduit and additional means for selectively conveying the mixed liquor to a desired stage of the anoxic biological process zone” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “means for receiving” and “additional means for selectively conveying” refer to specific structures of the flow diversion device or to functions that the flow diversion device is inherently capable of achieving. The instant specification is silent to any further structures of the flow diversion device. If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “a remotely controllable flow diversion device capable of capable of
Regarding Claim 1, lines 20-24 , claim limitation states “ a first biosensor disposed in the anaerobic biological process zone with means to produce a first output signal correlating to the F:M in the anaerobic biological process zone, a second biosensor disposed in the first stage of the anoxic biological process zone with means to produce a second output signal correlating to the F:M in the first stage of the anoxic biological process zone” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “means to produce a first output signal” and “means to produce a second output signal” refer to specific structures of the first biosensor and the second biosensor respectively, or to functions that the biosensor is inherently capable of achieving. The instant specification is silent to any further structures of the biosensor. If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “a first biosensor disposed in the anaerobic biological process zone
Regarding Claim 1, lines 25-37, claim limitation states “the controller having means to: (1) receive and analyze the output signals from the first biosensor and the second biosensor, (2) adjust flowrate of the first portion of RAS to the anaerobic biological process zone at least partially in response to the first output signal such that the F:M in the anaerobic biological process zone remains above a sufficiently high pre- determined value for feast conditions to be maintained, and (3) direct the MLR system to convey internal recycle to a specified stage of the anoxic biological process zone at least partially in response to the second output signal such that the F:M in a final stage of the anoxic biological process zone is below a sufficiently low pre-determined value for famine conditions to be maintained in the aerated biological process zone.” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “having means to” refer to specific structures of the controller or to functions that the controller is inherently capable of achieving. The instant specification is silent to any further structures of the controller. If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation “the controller capable of”.
The terms “high” and “low“ in “sufficiently high pre- determined value” and “sufficiently low pre-determined value” in claim 1 are relative term which renders the claim indefinite. The term “high” and “low” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention, therefore, the F:M pre-determined value has been rendered indefinite.
Regarding Claim 2, lines 1-3, claim limitation states “ further comprising an influent flowmeter equipped on the influent conduit with means to measure a flowrate of influent wastewater conveyed to the anaerobic biological process zone” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “means to measure a flowrate” refer to specific structures of the influent flowmeter or to functions that the influent flowmeter is inherently capable of achieving. The instant specification is silent to any further structures of the influent flowmeter. If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “further comprising an influent flowmeter equipped on the influent conduit capable of measur[[e]]ing a flowrate of influent wastewater conveyed to the anaerobic biological process zone”.
Regarding Claim 3, lines 1-3, claim limitation states “ further comprising a first remotely controllable valve equipped on the return conduit for providing means to adjust the flowrate of the first portion of RAS to the anaerobic biological process zone” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “providing means to adjust the flowrate” refer to specific structures of the remotely controllable valve or to functions that the remotely controllable valve is inherently capable of achieving. The instant specification is silent to any further structures of the remotely controllable valve. If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “further comprising a first remotely controllable valve equipped on the return conduit capable of adjusting the flowrate of the first portion of RAS to the anaerobic biological process zone”.
Regarding Claim 3, lines 4-6, claim limitation states “whereby the controller includes valve control means to adjust the first remotely controllable valve at least partially in response to the first output signal from the first biosensor ” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “valve control means to adjust the first remotely controllable valve” refer to specific structures of the valve control or to functions that the valve control is inherently capable of achieving. The instant specification is silent to any further structures of controller. If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “whereby the controller includes valve control capable of adjusting the first remotely controllable valve at least partially in response to the first output signal from the first biosensor”.
Regarding Claim 4, lines 1-3, claim limitation states “ further comprising a first RAS flowmeter equipped on the return conduit downstream of the first remotely controllable valve with means to measure a flowrate of the first portion of RAS to the anaerobic biological process zone” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “with means to measure a flowrate of the first portion of RAS” refer to specific structures of first RAS flowmeter or to functions that the first RAS flowmeter is inherently capable of achieving. The instant specification is silent to any further structures of the first RAS flowmeter. If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “further comprising a first RAS flowmeter equipped on the return conduit downstream of the first remotely controllable valve capable of measur[[e]]ing a flowrate of the first portion of RAS to the anaerobic biological process zone”.
Regarding Claim 4, lines 4-6, claim limitation states “the RAS flowmeter being operably connected to the controller, wherein the valve control means of the controller includes means for adjusting the first remotely controllable valve at least partially in response to the flowrate readings from the first RAS flowmeter.” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “valve control means” refer to specific structures of valve control or to functions that the valve control is inherently capable of achieving. The instant specification is silent to any further structures of the valve control; It is also not clear if “the controller includes means for adjusting” refer to specific structures of controller or to functions that the controller is inherently capable of achieving. The instant specification is silent to any further structures of the controller If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “the RAS flowmeter being operably connected to the controller, wherein the valve control includes means for capable of adjusting the first remotely controllable valve at least partially in response to the flowrate readings from the first RAS flowmeter”.
Regarding Claim 5, lines 2-3, claim limitation states “the influent biosensor having means to produce an output signal correlating to the soluble biodegradable carbon (SBC) in the influent wastewater” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “having means to produce” refer to specific structures of influent biosensor or to functions that the influent biosensor is inherently capable of achieving. The instant specification is silent to any further structures of the influent biosensor If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “the influent biosensor capable of produc[[e]]ing an output signal correlating to the soluble biodegradable carbon (SBC) in the influent wastewater”.
Regarding Claim 5, lines 4-5, claim limitation states “wherein the controller includes additional means to adjust the flowrate of the first portion of RAS to the anaerobic biological process zone” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “means to adjust the flowrate” refer to specific structures of controller or to functions that the controller is inherently capable of achieving. The instant specification is silent to any further structures of the controller If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “wherein the controllercapable of adjusting the flowrate of the first portion of RAS to the anaerobic biological process zone”.
Regarding Claim 6, lines 2-3, claim limitation states “wherein the controller includes pump control means to control the pump speed of the MLR pump” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “pump control means to control the pump speed” refer to specific structures of controller or to functions that the controller is inherently capable of achieving. The instant specification is silent to any further structures of the controller If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “wherein the controller capable of controlling the pump speed of the MLR pump”.
Regarding Claim 7 , lines 3-4 , claim limitation states “wherein the controller provides additional RAS control means to control the flowrate of the remaining portion of RAS” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “provides additional RAS control means to control the flowrate” refer to specific structures of controller or to functions that the controller is inherently capable of achieving. The instant specification is silent to any further structures of the controller If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “wherein the controller capable of controlling the flowrate of the remaining portion of RAS”.
Regarding Claim 8, lines 1-3, claim limitation states “further comprising a second RAS flowmeter equipped on the return conduit upstream of the first remotely controllable valve for providing means to measure a flowrate of the total RAS from the clarifier underflow” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “providing means to measure a flowrate of the total RAS from the clarifier underflow” refer to specific structures of second RAS flowmeter or to functions that the second RAS flowmeter is inherently capable of achieving. The instant specification is silent to any further structures of the second RAS flowmeter If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “further comprising a second RAS flowmeter equipped on the return conduit upstream of the first remotely controllable valve capable of measur[[e]]ing a flowrate of the total RAS from the clarifier underflow”.
Regarding Claim 8 , lines 4-6, claim limitation states “wherein the controller includes additional means for adjusting the second remotely controllable valve at least partially in response to the flowrate readings from the second RAS flowmeter.” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. ”. It is not clear if “additional means for adjusting the second remotely controllable valve” refer to specific structures of controller or to functions that the controller is inherently capable of achieving. The instant specification is silent to any further structures of the controller If the claim limitation is referring to inherent capabilities, then the examiner suggests amending the claim limitation to “wherein the controller capable of adjusting the second remotely controllable valve at least partially in response to the flowrate readings from the second RAS flowmeter”.
Therefore, the claims 1-8 are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The closest Prior art includes Stensel et al. (US 2020/0048131 A1), Trivedi et al. US (2021/0380443 A1), Devlin et al. (US 2021/0355010 A1), Bott et al. (US 20220289606 A1), O'Shaughnessy et al. (US 20220289603 A1), Stinson et al. (US 20200002201 A1).
Allowable Subject Matter
Regarding Claim 1, The closest prior art Stensel et al. (US 2020/0048131 A1) herein known as Stensel. Stensel discloses a system for driving the densification of activated sludge in a continuous flow biological wastewater treatment process by maintaining food to microorganism ratio (F:M) within preselected limits in specified feast and famine zones [0002], the system comprising: a biological nutrient removal (BNR) process including a succession of anaerobic, anoxic, and aerated biological process zones ([0033], [0034]), said anoxic biological process zone being multi-staged (an anoxic zone 50 that may be single or multiple stages; [0088]), a gravity settling clarifier downstream of the BNR process with means to produce an overflow of treated wastewater and an underflow of recycle activated sludge (RAS) ([0033], [0089]), an influent conduit to convey influent wastewater to the anaerobic biological process zone ([0072], granular sludge recycle flow line 21 enters an anaerobic reactor 36 where it is mixed with an influent wastewater line 16), a return conduit connected to the gravity settling clarifier to convey a first portion of RAS from said underflow to the anaerobic biological process zone ([0033], [0083]), a RAS bypass (flow bypass line 30 ) conduit connected to the return conduit, providing means to convey a remaining portion of RAS from said underflow to a biological process zone downstream of the anaerobic biological process zone [0092], a mixed liquor recycle (MLR) system [0033] including: an internal recycle conduit positioned to receive effluent from the aerated biological process zone ([0073], recycle may be provided from the classifier effluent line 32).
The second closest prior art Trivedi et al. US (2021/0380443 A1) herein known as Trivedi disclose a system for driving the densification of activated sludge in a continuous flow biological wastewater treatment process by maintaining food to microorganism ratio (F:M) within preselected limits in specified feast and famine zones (abstract), the system comprising: a biological nutrient removal (BNR) process including a succession of anaerobic, anoxic, and aerated biological process zones (abstract; [0035]), said anoxic biological process zone being multi- staged ([0093], an anoxic zone 50 that may be multiple stages), a gravity settling clarifier downstream of the BNR process with means to produce an overflow of treated wastewater and an underflow of recycle activated sludge (RAS) ([0034], [0036], [0094]), an influent conduit to convey influent wastewater to the anaerobic biological process zone ([0077], granular sludge recycle flow line 21 enters an anaerobic or anoxic reactor 36 where it is mixed with the influent wastewater line 16), a return conduit connected to the gravity settling clarifier to convey a first portion of RAS from said underflow to the anaerobic biological process zone [0034], a RAS bypass conduit (bypass line 30 ) connected to the return conduit, providing means to convey a remaining portion of RAS from said underflow to a biological process zone downstream of the anaerobic biological process zone [0078], a mixed liquor recycle (MLR) system [0034] including: an internal recycle conduit positioned to receive effluent from the aerated biological process zone [0034].
However, Stensel and Trivedi are silent to an MLR pump disposed in the internal recycle conduit to pump mixed liquor, and a remotely controllable flow diversion device having means for receiving mixed liquor from the internal recycle conduit and additional means for selectively conveying the mixed liquor to a desired stage of the anoxic biological process zone, a first biosensor disposed in the anaerobic biological process zone with means to produce a first output signal correlating to the F:M in the anaerobic biological process zone, a second biosensor disposed in the first stage of the anoxic biological process zone with means to produce a second output signal correlating to the F:M in the first stage of the anoxic biological process zone, and a controller operably connected to the first biosensor, the second biosensor, and the MLR system, the controller having means to: (1) receive and analyze the output signals from the first biosensor and the second biosensor, (2) adjust flowrate of the first portion of RAS to the anaerobic biological process zone at least partially in response to the first output signal such that the F:M in the anaerobic biological process zone remains above a sufficiently high pre- determined value for feast conditions to be maintained, and (3) direct the MLR system to convey internal recycle to a specified stage of the anoxic biological process zone at least partially in response to the second output signal such that the F:M in a final stage of the anoxic biological process zone is below a sufficiently low pre-determined value for famine conditions to be maintained in the aerated biological process zone.
Full reasons for allowance will be provided when the scope of the claims is clarified
Claims 9-17 are allowed. The following is an examiner’s statement of reasons for allowance:
Regarding Claim 9, the closest prior art to applicant’s invention is Stensel et al. (US 2020/0048131 A1) herein known as Stensel. Stensel discloses a method for driving densification of activated sludge in a continuous flow biological wastewater treatment system by maintaining food to microorganism ratio (F:M) within preselected limits in specified feast and famine zones, said method comprising: operating a biological nutrient removal (BNR) process to achieve the removal of organic matter, nitrogen and/or phosphorus from wastewater [0032], said BNR process including a succession of anaerobic, anoxic, and aerated biological process zones([0033], [0034]), the anoxic biological process zone being multi-staged ([0088], an anoxic zone 50 that may be single or multiple stages), operating a gravity settling clarifier to receive effluent from the BNR process and produce an overflow of treated wastewater and an underflow of recycle activated sludge (RAS) ([0033], [0089]), delivering influent wastewater to the anaerobic biological process zone through an influent conduit ([0072], granular sludge recycle flow line 21 enters an anaerobic reactor 36 where it is mixed with an influent wastewater line 16), delivering a first portion of RAS from the underflow of the gravity settling clarifier to the anaerobic biological process zone through a return conduit ([0033], [0083]), delivering a remaining portion of RAS from the gravity settling clarifier underflow to a biological process zone downstream of the anaerobic biological process zone through a RAS bypass conduit (bypass line 30) ([0033], [0092]).
The second closest prior Trivedi et al. US (2021/0380443 A1) herein known as Trivedi discloses a method for driving densification of activated sludge in a continuous flow biological wastewater treatment system by maintaining food to microorganism ratio (F:M) within preselected limits in specified feast and famine zones, said method (abstract) comprising: operating a biological nutrient removal (BNR) process to achieve the removal of organic matter, nitrogen and/or phosphorus from wastewater (Abstract, the process is configured for optimal nutrient, organic, and solids removal), said BNR process including a succession of anaerobic, anoxic, and aerated biological process zones (Abstract; [0035], the process comprises an anoxic process zone between the anaerobic process zones and the aerobic process zone), the anoxic biological process zone being multi-staged ([0093], an anoxic zone 50 that may be multiple stages), operating a gravity settling clarifier to receive effluent from the BNR process and produce an overflow of treated wastewater and an underflow of recycle activated sludge(RAS) ([0034], [0036], [0094]), delivering influent wastewater to the anaerobic biological process zone through an influent conduit ([0077], granular sludge recycle flow line 21 enters an anaerobic or anoxic reactor 36 where it is mixed with the influent wastewater line 16), delivering a first portion of RAS from the underflow of the gravity settling clarifier to the anaerobic biological process zone through a return conduit [0034], delivering a remaining portion of RAS from the gravity settling clarifier underflow to a biological process zone downstream of the anaerobic biological process zone through a RAS bypass conduit (bypass line 30) [0078]).
However, Stensel and Trivedi are silent to operating a mixed liquor recycle (MLR) system including an internal recycle conduit, an MLR pump, and a remotely controllable flow diversion device to selectively convey mixed liquor from the aerated biological process zone effluent to a desired stage of the anoxic biological process zone, operating a first biosensor in the anaerobic biological process zone and correlating an output from the first biosensor to the F:M in the anaerobic biological process zone, operating a second biosensor in the first stage of the anoxic biological process zone and correlating an output from the second biosensor to the F:M in the first stage of the anoxic biological process zone, utilizing a controller operably connected to the first biosensor, the second biosensor, and the MLR system to perform the method steps of: (1) analyzing and storing successive output signals from the first biosensor and the second biosensor, (2) adjusting the flowrate of the first portion of RAS at least partially in response to the output signal from the first biosensor to ensure the F:M in the anaerobic biological process zone remains above a sufficiently high predetermined value for feast conditions to be maintained, and (3) directing the MLR system to deliver a predetermined quantity of MLR to a specified stage of the anoxic biological process zone at least partially in response to the output signal from the second biosensor such that the F:M in a final stage of the anoxic biological process zone is below a sufficiently low predetermined value for famine conditions to be maintained in the aerated process zone.
Prior art that generally discloses control of feast and famine conditions includes Devlin et al. (US 2021/0355010 A1), Bott et al. (US 20220289606 A1), O'Shaughnessy et al. (US 20220289603 A1), Stinson et al. (US 20200002201 A1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD MOTAZ ABDEL LATIF whose telephone number is (571)272-6535. The examiner can normally be reached Monday-Friday 8:30-5pm.
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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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/MAHMOUD MOTAZ ABDEL LATIF/
Examiner, Art Unit 1773
/BENJAMIN L LEBRON/Supervisory Patent Examiner, Art Unit 1773
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