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
Claim 1-20 are under examination.
Information Disclosure Statement
The information disclosure statement (IDS) document(s) submitted on 05/28/2024 and 01/09/2025 is/are compliant with the provisions of 37 CFR 1.97. Accordingly, the IDS document(s) has/have been fully considered by the examiner.
Claim Objections
Claims 5 & 13 are objected to because of the following informalities:
Claims 5 and 13 recite “control the output of the first liquid stream based on a determination the chemical composition data…”. The examiner requests applicant amend the claims to recite ““control the output of the first liquid stream based on a determination that the chemical composition data…”
Appropriate correction is required.
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 5-6 and 13-14 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 pre-AIA the applicant regards as the invention.
Claims 5 and 13 recite “wherein the output of the first liquid stream corresponds to adjust the chemical composition data”. It is unclear to the examiner what applicant’s is intending to further defined in the claim with this clause. Perhaps applicant is intending to recite “the output of the first liquid stream corresponds to an adjustment of the chemical composition data”, as in claims 7 and 15?
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claim 1 is directed toward a system. Claim 9 is directed towards a method. Claim 17 is directed towards a computer programmable product comprising a non-transitory computer readable medium.
Step 2A, Prong One: Identify the law of nature/natural phenomenon/abstract ideas.
Claims 1, 9, and 17 recites the abstract ideas, “compare at least a first parameter of the set of parameters with a corresponding reference parameter of the set of reference parameters” which are mental processes and/or mathematical concepts that could be performed by a human person by pen and paper or by a black box computer. The one or more processors in claims 1 and 17 configured to perform the recited steps/processes is simply a general-purpose computer for which to apply the abstract ideas, but does not preclude the steps from being considered an abstract idea. See MPEP 2106.04(a)(2) subsections (I) and (III).
Step 2A, Prong Two: Has the abstract idea been integrated into a particular practical application?
No, these judicial exceptions are not integrated into a practical application because upon comparing the parameter with a reference value, no further action is performed, and therefore is not a practical application.
Claims 1, 9, and 17 additionally recite (a) “a memory configured to store a computer-executable instruction”, (b) “wherein the one or more processors are coupled to the memory and are configured to execute the computer-executable instructions that cause the one or more processors to”, (c) “retrieve liquid stream data associated with a first liquid stream comprising a set of chemical compounds, wherein the liquid stream data comprise a set of parameters”, (d) “retrieve reference data associated with a reference liquid stream, wherein the reference data comprises a set of reference parameters”, (e) “control an output of the first liquid stream based on the comparison”.
The following elements do not amount to a particular practical application because:
Elements (a) and (b) are merely a general-purpose computer that applies the judicial exception by use of conventional computer functions, but does not qualify as a particular machine (MPEP § 2106(b)(I)). A machine that is merely an object on which the method operates does not integrate the exception into a practical application or provide significantly more (MPEP § 2106(b)(II)).
Elements (c) and (d) are interpreted as extra-solution activity incidental to the primary process as mere data gathering which is not considered significantly more than the abstract idea, and generally linking the use of a judicial exception to a particular technological environment or field of use in which to apply the judicial exception. See MPEP § 2106.05(g) and MPEP § 2106.05(h).
Element (e) is interpreted as nothing more than mere instructions to implement the abstract idea to the field of use, or “apply it” (i.e. “based on the comparison). See MPEP § 2106.05(f) and MPEP § 2106.05(h).
Step 2B: Does the claim recite any elements which are significantly more than the abstract ideas?
Claims 1, 9, and 17 recite the additional elements (a) “a memory configured to store a computer-executable instruction”, (b) “wherein the one or more processors are coupled to the memory and are configured to execute the computer-executable instructions that cause the one or more processors to”, (c) “retrieve liquid stream data associated with a first liquid stream comprising a set of chemical compounds, wherein the liquid stream data comprise a set of parameters”, (d) “retrieve reference data associated with a reference liquid stream, wherein the reference data comprises a set of reference parameters”, (e) “control an output of the first liquid stream based on the comparison”.
These additional elements do not amount to significantly more as they are well-understood, routine, and conventional (WURC) in the art as evidenced by Raman (US 2015/0352498 – hereinafter “Raman”), and Skovby et al. (US 2013/016441 – hereinafter “Skovby”). Raman and Skovby disclose (a) “a memory configured to store a computer-executable instruction” (Raman; [0120]), (b) “wherein the one or more processors are coupled to the memory and are configured to execute the computer-executable instructions that cause the one or more processors to” (Raman; [0120]), (c) “retrieve liquid stream data associated with a first liquid stream comprising a set of chemical compounds, wherein the liquid stream data comprise a set of parameters” (Raman; [0120[ and Skovby; [0025]), (d) “retrieve reference data associated with a reference liquid stream, wherein the reference data comprises a set of reference parameters” (Raman; [0120] and Skovby; [0025]), (e) “control an output of the first liquid stream based on the comparison” (Rama; [0120] and Skovby [0025]).
Claim 2, 10 and 18 further limit the set of parameters associated with the liquid stream. However, these additional elements are interpreted as interpreted as extra-solution activity incidental to the primary process as mere data gathering which is not considered significantly more than the abstract idea, and generally linking the use of a judicial exception to a particular technological environment or field of use in which to apply the judicial exception. See MPEP § 2106.05(g) and MPEP § 2106.05(h). See MPEP § 2106.05(g) and MPEP § 2106.05(h).
Claims 3, 11, and 19 further limit the set of parameters associated with the reference parameter. However, these additional elements are interpreted as interpreted as extra-solution activity incidental to the primary process as mere data gathering which is not considered significantly more than the abstract idea, and generally linking the use of a judicial exception to a particular technological environment or field of use in which to apply the judicial exception. See MPEP § 2106.05(g) and MPEP § 2106.05(h). See MPEP § 2106.05(g) and MPEP § 2106.05(h).
Claims 4, 12, and 20 recite the abstract idea “determine whether chemical composition data for each of the set of chemical compounds of the first liquid stream is within a first threshold range” (Step 2A prong 1), but does not integrate the exception under 2A prong 2 because using reference values as thresholds to compare with a measured value is extra-solution activity incidental to the primary process as mere data gathering which is not considered significantly more than the abstract idea, and generally linking the use of a judicial exception to a particular technological environment or field of use in which to apply the judicial exception. See MPEP § 2106.05(g) and MPEP § 2106.05(h). See MPEP § 2106.05(g) and MPEP § 2106.05(h).
Claims 5 and 13 recite the abstract idea “a determination the chemical composition data for each of the set of chemical compounds of the first liquid stream is within the first range” (Step 2A prong 1), but does not integrate the exception under 2A prong 2 because the one or more processors control the output of the first liquid stream based on the abstract idea and the output of the first liquid stream correspond[ing] to [an] adjust[ment of] the chemical composition data for at least a first chemical compound of the set of chemical compounds of the first liquid stream iteratively until a TDS data of the first liquid stream is within a second threshold range are interpreted as nothing more than mere instructions to implement the abstract idea to the field of use. See MPEP § 2106.05(f) and MPEP § 2106.05(h).
Claims 6 and 14 recite the abstract idea “the minimum TDS value and the maximum TDS value are determined” (Step 2A prong 1), but does not integrate the exception under 2A prong 2 because the second threshold range comprising a minimum and maximum TDS value are interpreted as nothing more than mere instructions to implement the abstract idea to the field of use (MPEP § 2106.05(f) and MPEP § 2106.05(h)) and extra-solution activity incidental to the primary process as mere data gathering which is not considered significantly more than the abstract idea (MPEP § 2106.05(g)).
Claims 7 and 15 recite the abstract idea “a determination that the chemical composition data for each of the set of chemical compounds of the first liquid stream is less than the minimum chemical composition value for a corresponding chemical compound, or greater than the maximum chemical composition value for the corresponding chemical compound” (Step 2A prong 1), but does not integrate the exception under 2A prong 2 because outputting signals to control pH of a steam is interpreted as nothing more than mere instructions to implement the abstract idea to the field of use (MPEP § 2106.05(f) and MPEP § 2106.05(h)) and extra-solution activity incidental to the primary process as mere data gathering which is not considered significantly more than the abstract idea (MPEP § 2106.05(g)).
Claims 8 and 16 recite the abstract idea “the minimum pH value and the maximum pH value are determined” (Step 2A prong 1), but does not integrate the exception under 2A prong 2 because using reference values to control the output signal of actuators based on input signals from a sensor is nothing more than mere instructions to implement the abstract idea to the field of use (MPEP § 2106.05(f) and MPEP § 2106.05(h)) and extra-solution activity incidental to the primary process as mere data gathering which is not considered significantly more than the abstract idea (MPEP § 2106.05(g)).
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Raman (US 2015/0352498 – hereinafter “Raman”).
Regarding claim 1, Raman disclose a system (Raman disclose a system and method for producing sodium chloride brine, and a system and method for producing sodium hydroxide or sodium carbonate from the brine; figs. 1-4, [0002]), comprising:
a memory configured to store a computer-executable instruction (Raman disclose the system and method of the invention can be automated and remotely controlled via hardware network of sensors and actuators wired into a main control unit such as a programmable logic control (PLC). The control unit may be configured through process control software installed on a computer processor. The system operates according to process parameter values pre-set by an operator such that the software automatically compares the pre-set process parameter values with the corresponding values recorded by the network of sensors. If the recorded values differ from the pre-set values, the software will send inputs to the control unit to automatically adjust the relevant process parameters to the pre-set values by operating suitable actuators of the system on the basis of the input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms. The sensors can comprise thermal, pressure, flow, composition, and pH sensors; figs. 1-4, [0120-0124, 0133-0154]); and
one or more processors coupled to the memory (Raman - “process control software … installed in computer processor”, [0120]),
wherein the one or more processors are configured to execute the computer-executable instructions that cause the one or more processors to:
retrieve liquid stream data associated with a first liquid stream comprising a set of chemical compounds, wherein the liquid stream data comprises a set of parameters (Raman - “values recorded by the network of sensors”; [0120]);
retrieve reference data associated with a reference liquid stream, wherein the reference data comprises a set of reference parameters (Raman - “process parameter values pre-set by an operator”; [0120]);
compare at least a first parameter of the set of parameters with a corresponding reference parameter of the set of reference parameters (Raman - “The software will automatically compare the pre-set process parameter value with the corresponding values recorded by the network of sensors”; [0120]); and
control an output of the first liquid stream based on the comparison (Raman – If the recorded values differ from the pre-set values, the software will send inputs to the control unit to automatically adjust the relevant process parameters to the pre-set values by operating suitable actuators of the system on the basis of the input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120]).
Regarding claim 2, Raman disclose the system of claim 1 above, wherein the set of parameters are associated with at least one of: a chemical composition of each of the set of chemical compounds in the first liquid stream, a potential of hydrogen (pH) of the first liquid stream, a total dissolved solid (TDS) of the first liquid stream, a charge balance of the set of chemical compounds in the first liquid stream, one or more water quality parameters of the first liquid stream, and a chloride ion ratio of the first liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein TDS, pH, pressure, temperature, flow, and ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; figs. 1-4, [0120-0122, 133-0154]).
Regarding claim 3, Raman disclose the system of claim 1 above, wherein the set of reference parameters are associated with at least one of: a chemical composition for each of the set of chemical compounds in the reference liquid stream, a pH of the reference liquid stream, a TDS of the reference liquid stream, a charge balance of the set of chemical compounds in the reference liquid stream, one or more water quality parameters of the reference liquid stream, and a chloride ion ratio of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein TDS, pH, pressure, temperature, flow, and ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; figs. 1-4, [0120-0122, 133-0154]).
Regarding claim 4, Raman disclose the system of claim 1 above, wherein the one or more processors are further configured to determine whether chemical composition data for each of the set of chemical compounds of the first liquid stream is within a first threshold range, wherein the first threshold range comprises at least: a minimum chemical composition value for a corresponding chemical compound, and a maximum chemical composition value for the corresponding chemical compound, and wherein the minimum chemical composition value and the maximum chemical composition value are determined based on chemical composition data for each of the set of chemical compounds of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, a chemical composition of the ration of divalent ions to univalent ions is preselected by an operator for the streams 111, 112, 113, and 120, and the control system operates the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; fig. 1, [0120, 0145-147]).
Regarding claim 5, Raman disclose the system of claim 4 above, wherein the one or more processors are further configured to control the output of the first liquid stream based on a determination the chemical composition data for each of the set of chemical compounds of the first liquid stream is within the first threshold range, wherein the output of the first liquid stream corresponds to adjust the chemical composition data for at least a first chemical compound of the set of chemical compounds of the first liquid stream iteratively until a TDS data of the first liquid stream is within a second threshold range (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, a chemical composition of the ration of divalent ions to univalent ions and TDS is preselected by an operator for the streams 111, 112, 113, and 120, and the control system operates the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; fig. 2, [0120, 0145-147]).
Regarding claim 6, Raman disclose the system of claim 5 above, wherein the second threshold range comprises at least: a minimum TDS value of the first liquid stream, and a maximum TDS value of the first liquid stream, and wherein the minimum TDS value and the maximum TDS value are determined based on TDS data of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, the reverse osmosis system is configured to produce potable water with less than 500 ppm TDS; fig. 1, [0138, 0140-0141]).
Regarding claim 7, Raman disclose the system of claim 4 above, wherein the one or more processors are further configured to control the output of the first liquid stream based on a determination that the chemical composition data for each of the set of chemical compounds of the first liquid stream is less than the minimum chemical composition value for a corresponding chemical compound, or greater than the maximum chemical composition value for the corresponding chemical compound, and wherein the output of the first liquid stream corresponds to an adjustment of the chemical composition data for a second chemical compound of the set of chemical compounds of the first liquid stream iteratively until pH data of the first liquid stream is within a third threshold range (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, Raman disclose stoichiometric dosing of chemical reagents to precipitate out undesired ions at an elevated pH, and then adding hydrochloric acid to correct the alkaline pH; fig. 4, [0013-0014, 0149-0154]).
Regarding claim 8, Raman disclose the system of claim 7 above, wherein the third threshold range comprises at least: a minimum pH value of the first liquid stream, and a maximum pH value of the first liquid stream, and wherein the minimum pH value and the maximum pH value are determined based on pH data of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, Raman disclose stoichiometric dosing of chemical reagents to precipitate out undesired ions at an elevated pH, and then adding hydrochloric acid to correct the alkaline pH; fig. 4, [0013-0014, 0149-0154]. The examiner also notes “potable water” line 320 would have a pH between 6.5 and 8.5 in order to meet the definition of “safe to drink”).
Regarding claim 9, Raman disclose a method (Raman disclose a system and method for producing sodium chloride brine, and a system and method for producing sodium hydroxide or sodium carbonate from the brine; figs. 1-4, [0002]. The system and method of the invention can be automated and remotely controlled via hardware network of sensors and actuators wired into a main control unit such as a programmable logic control (PLC). The control unit may be configured through process control software installed on a computer processor. The system operates according to process parameter values pre-set by an operator such that the software automatically compares the pre-set process parameter values with the corresponding values recorded by the network of sensors. If the recorded values differ from the pre-set values, the software will send inputs to the control unit to automatically adjust the relevant process parameters to the pre-set values by operating suitable actuators of the system on the basis of the input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms. The sensors can comprise thermal, pressure, flow, composition, and pH sensors; figs. 1-4, [0120-0124, 0133-0154]), comprising:
retrieving liquid stream data associated with a first liquid stream comprising a set of chemical compounds, wherein the liquid stream data comprises a set of parameters (Raman - “values recorded by the network of sensors”; [0120]);
retrieving reference data associated with a reference liquid stream, wherein the reference data comprises a set of reference parameters (Raman - “process parameter values pre-set by an operator”; [0120]);
comparing at least the first parameter of the set of parameters with the corresponding reference parameter of the set of reference parameters (Raman - “The software will automatically compare the pre-set process parameter value with the corresponding values recorded by the network of sensors”; [0120]); and
controlling an output of the first liquid stream based on the comparison (Raman – “If the recorded values differ from the pre-set values, the software will send inputs to the control unit to automatically adjust the relevant process parameters to the pre-set values by operating suitable actuators of the system on the basis of the input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120]).
Regarding claim 10, Raman disclose the method of claim 9 above, wherein the set of parameters are associated with at least one of: a chemical composition or each of the set of chemical compounds in the first liquid stream, a potential of hydrogen (pH) of the first liquid stream, a total dissolved solid (TDS) of the first liquid stream, a charge balance of the set of chemical compounds in the first liquid stream, one or more water quality parameters of the first liquid stream, and a chloride ion ratio of the first liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein TDS, pH, pressure, temperature, flow, and ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; figs. 1-4, [0120-0122, 133-0154]).
Regarding claim 11, Raman teach the method of claim 9 above, wherein the set of reference parameters are associated with at least one of: a chemical composition for each of the set of chemical compounds in a reference liquid stream, a pH of the reference liquid stream, a TDS of the reference liquid stream, a charge balance of the set of chemical compounds in the reference liquid stream, one or more water quality parameters of the reference liquid stream, and a chloride ion ratio of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein TDS, pH, pressure, temperature, flow, and ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; figs. 1-4, [0120-0122, 133-0154]).
Regarding claim 12, Raman disclose the method of claim 9 above, further comprising determining whether chemical composition data for each of the set of chemical compounds of the first liquid stream is within a first threshold range, wherein the first threshold range comprises at least: a minimum chemical composition value for a corresponding chemical compound, and a maximum chemical composition value for the corresponding chemical compound, and wherein the minimum chemical composition value and the maximum chemical composition value are determined based on chemical composition data for each of the set of chemical compounds of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, a chemical composition of the ration of divalent ions to univalent ions is preselected by an operator for the streams 111, 112, 113, and 120, and the control system operates the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; fig. 1, [0120, 0145-147]).
Regarding claim 13, Raman disclose the method of claim 12 above, further comprising controlling the output of the first liquid stream based on a determination the chemical composition data for each of the set of chemical compounds of the first liquid stream is within the first threshold range, wherein the output of the first liquid stream corresponds to adjust the chemical composition data for at least a first chemical compound of the set of chemical compounds of the first liquid stream iteratively until a TDS data of the first liquid stream is within a second threshold range (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, a chemical composition of the ration of divalent ions to univalent ions and TDS is preselected by an operator for the streams 111, 112, 113, and 120, and the control system operates the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; fig. 2, [0120, 0145-147]).
Regarding claim 14, Raman disclose the method of claim 13 above, wherein the second threshold range comprises at least: a minimum TDS value of the first liquid stream, and a maximum TDS value of the first liquid stream, and wherein the minimum TDS value and the maximum TDS value are determined based on TDS data of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, the reverse osmosis system is configured to produce potable water with less than 500 ppm TDS; fig. 1, [0138, 0140-0141]).
Regarding claim 15, Raman disclose the method of claim 12 above, further comprising controlling the output of the first liquid stream based on a determination that the chemical composition data for each of the set of chemical compounds of the first liquid stream is less than the minimum chemical composition value for a corresponding chemical compound, or greater than the maximum chemical composition value for the corresponding chemical compound, and wherein the output of the first liquid stream corresponds to an adjustment of the chemical composition data for a second chemical compound of the set of chemical compounds of the first liquid stream iteratively until pH data of the first liquid stream is within a third threshold range (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, Raman disclose stoichiometric dosing of chemical reagents to precipitate out undesired ions at an elevated pH, and then adding hydrochloric acid to correct the alkaline pH; fig. 4, [0013-0014, 0149-0154]).
Regarding claim 16, Raman disclose the method of claim 15 above, wherein the third threshold range comprises at least: a minimum pH value of the first liquid stream, and a maximum pH value of the first liquid stream, and wherein the minimum pH value and the maximum pH value are determined based on pH data of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, Raman disclose stoichiometric dosing of chemical reagents to precipitate out undesired ions at an elevated pH, and then adding hydrochloric acid to correct the alkaline pH; fig. 4, [0013-0014, 0149-0154]. The examiner also notes “potable water” line 320 would have a pH between 6.5 and 8.5 in order to meet the definition of “safe to drink”).
Regarding claim 17, Raman disclose a computer programmable product comprising a non-transitory computer readable medium having stored thereon computer executable instructions (Raman disclose a system and method for producing sodium chloride brine, and a system and method for producing sodium hydroxide or sodium carbonate from the brine; figs. 1-4, [0002]. Raman disclose the system and method of the invention can be automated and remotely controlled via hardware network of sensors and actuators wired into a main control unit such as a programmable logic control (PLC). The control unit may be configured through process control software installed on a computer processor. The system operates according to process parameter values pre-set by an operator such that the software automatically compares the pre-set process parameter values with the corresponding values recorded by the network of sensors. If the recorded values differ from the pre-set values, the software will send inputs to the control unit to automatically adjust the relevant process parameters to the pre-set values by operating suitable actuators of the system on the basis of the input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms. The sensors can comprise thermal, pressure, flow, composition, and pH sensors; figs. 1-4, [0120-0124, 0133-0154]), which when executed by one or more processors, cause the one or more processors to carry out operations (Raman - “process control software … installed in computer processor”, [0120]) comprising:
retrieving liquid stream data associated with a first liquid stream comprising a set of chemical compounds, wherein the liquid stream data comprises a set of parameters (Raman - “values recorded by the network of sensors”; [0120]);
retrieving reference data associated with a reference liquid stream, wherein the reference data comprises a set of reference parameters (Raman - “process parameter values pre-set by an operator”; [0120]);
comparing at least a first parameter of the set of parameters with a corresponding reference parameter of the set of reference parameters (Raman - “The software will automatically compare the pre-set process parameter value with the corresponding values recorded by the network of sensors”; [0120]); and
controlling an output of the first liquid stream based on the comparison (Raman – “If the recorded values differ from the pre-set values, the software will send inputs to the control unit to automatically adjust the relevant process parameters to the pre-set values by operating suitable actuators of the system on the basis of the input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120]).
NOTE: The term “programmable” is functional and does not add any further structure to an apparatus beyond that of a capability. Apparatus claims must distinguish over the prior art in terms of structure rather than function. See MPEP 2111.04. If applicant intend for the computer product to recite more than mere function, the examiner suggests applicant amend “programmable” to “programmed”.
Regarding claim 18, Raman disclose the computer programmable product of claim 17 above, wherein the set of parameters are associated with at least one of: a chemical composition or each of the set of chemical compounds in the first liquid stream, a potential of hydrogen (pH) of the first liquid stream, a total dissolved solids (TDS) of the first liquid stream, a charge balance of the set of chemical compounds in the first liquid stream, one or more water quality parameters of the first liquid stream, and a chloride ion ratio of the first liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein TDS, pH, pressure, temperature, flow, and ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; figs. 1-4, [0120-0122, 133-0154]).
Regarding claim 19, Raman disclose the computer programmable product of claim 17 above, wherein the set of reference parameters are associated with at least one of: a chemical composition for each of the set of chemical compounds in a reference liquid stream, a pH of the reference liquid stream, a TDS of the reference liquid stream, a charge balance of the set of chemical compounds in the reference liquid stream, one or more water quality parameters of the reference liquid stream, and a chloride ion ratio of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein TDS, pH, pressure, temperature, flow, and ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; figs. 1-4, [0120-0122, 133-0154]).
Regarding claim 20, Raman disclose the computer programmable product of claim 17 above, further comprising determining whether chemical composition data for each of the set of chemical compounds of the first liquid stream is within a first threshold range, wherein the first threshold range comprises at least: a minimum chemical composition value for a corresponding chemical compound, and a maximum chemical composition value for the corresponding chemical compound, and wherein the minimum chemical composition value and the maximum chemical composition value are determined based on chemical composition data for each of the set of chemical compounds of the reference liquid stream (Raman disclose producing sodium chloride brine, sodium hydroxide, or sodium carbonate from brine wherein a ratio or divalent ion to univalent ions are pre-selected at various stages and streams by an operator, and the control system automatically adjusts the relevant process parameters by operating suitable actuators of the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; [0120-0122, 133-0154]. In particular, a chemical composition of the ration of divalent ions to univalent ions is preselected by an operator for the streams 111, 112, 113, and 120, and the control system operates the system on the basis of input data from the sensors to adjust the system to match the pre-set values using feedback control algorithms; fig. 1, [0120, 0145-147]).
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 9, and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, and 20 of copending Application No. 18/745,841 (reference application – hereinafter “841”). Although the claims at issue are not identical, they are not patentably distinct from each other because 841 disclose:
Regarding claim 1, 9 and 17, 841 disclose a system/method/computer product, comprising (841; Claims 1, 12, and 20):
a memory configured to store a computer-executable instruction (841; Claims 1, 12, and 20 – “memory”); and
one or more processors coupled to the memory, wherein the one or more processors are configured to execute the computer-executable instructions that cause the one or more processors to (841; Claims 1, 12, and 20 – “one or more processors”):
retrieve liquid stream data associated with a first liquid stream comprising a set of chemical compounds, wherein the liquid stream data comprises a set of parameters (841; Claims 1, 12, and 20 – “receive operational data associated with a desalination plant … comprises a set of parameters”);
retrieve reference data associated with a reference liquid stream, wherein the reference data comprises a set of reference parameters (841; Claims 1, 12, and 20 – “retrieve reference data associated with the desalination plant, wherein the reference data comprises first permeate stream data, and reference second permeate stream data”);
compare at least a first parameter of the set of parameters with a corresponding reference parameter of the set of reference parameters (841; Claims 1, 12, and 20 – “determine a split ratio value associated with the first permeate stream and the second permeate stream based on an output of the machine learning model”); and
control an output of the first liquid stream based on the comparison (841; Claims 1, 12, and 20 – “modify at least a first parameter of the set of parameters associated with the seawater based on the determined split ratio value”).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 9, and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13, and 20 of copending Application No. 18/438,303 (reference application – hereinafter “303”). Although the claims at issue are not identical, they are not patentably distinct from each other because 841 disclose:
Regarding claim 1, 9 and 17, 303 disclose a system/method/computer product, comprising (303; Claims 1, 13, and 20):
a memory configured to store a computer-executable instruction (303; Claims 1, 13, and 20 – “memory”); and
one or more processors coupled to the memory, wherein the one or more processors are configured to execute the computer-executable instructions that cause the one or more processors to (303; Claims 1, 13, and 20 – “one or more processors”):
retrieve liquid stream data associated with a first liquid stream comprising a set of chemical compounds, wherein the liquid stream data comprises a set of parameters (303; Claims 1, 13, and 20 – “receive liquid stream data … comprises a set of parameters”);
retrieve reference data associated with a reference liquid stream, wherein the reference data comprises a set of reference parameters (303; Claims 1, 13, and 20 – “a corresponding reference parameter of a set of reference parameter”);
compare at least a first parameter of the set of parameters with a corresponding reference parameter of the set of reference parameters (303; Claims 1, 13, and 20 – “compare at least a first parameter of the set of parameters with a corresponding reference parameter”); and
control an output of the first liquid stream based on the comparison (303; Claims 1, 13, and 20 – “control a concentration of at least a first chemical compound of the set of chemical compounds in the first liquid stream by adding at least the first chemical compound in the liquid stream”).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to Applicant’s disclosure include:
Ganzi et al. (US Patent No. 10,252,923) disclose a water treatment system configured to produce a first treated water suitable for irrigation and a second treated water suitable for use as potable water.
Skovby et al. (US 2013/0164411) disclose a process for treating water and the use of calcium carbonate for remineralization of water.
Wolf (US 2010/0292844) disclose an automated water treatment system and method to produce potable water comprising selectable treatment subsystem and a controller which automatically controls the mode of operation.
Citations to art
In the above citations to documents in the art, an effort has been made to specifically cite representative passages, however rejections are in reference to the entirety of each document relied upon. Other passages, not specifically cited, may apply as well.
Conclusion
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/C.A.T./Examiner, Art Unit 1798
/BENJAMIN R WHATLEY/ Primary Examiner, Art Unit 1798
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