/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 .
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).
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Claims 28-42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 35-49 of U.S. Patent No. 11,897,787. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims substantially recite the same invention as corresponding claims of patent ‘787 as outlined in the following claim-by-claim comparison:
28. A wastewater/water treatment and management system for processing wastewater with a solids component (‘787, claim 35, preamble) comprising:
at least one filtration module to filter solids from liquids (‘787,claim 35, 1st clause) ;
at least one water treatment module comprising an autoclave module having an autoclave jacket and an autoclave pipe secured in the jacket and selected from the group consisting of a plurality of autoclave pipes secured with inlet and outlet manifolds, a serpentine autoclave pipe and combinations thereof, wherein the autoclave jacket defines an autoclave chamber, and wherein the at least one water treatment module is connected via piping to, and downstream from, the at least one filtration module (‘787, similar terminology in claim 35, 2nd clause); and,
at least one evaporator module connected via piping to, and downstream from, the at least one filtration module to distill effluent received by the at least one evaporator module (‘787,claim 35, 3rd clause).
29. The wastewater/water treatment and management system of claim 28 further comprising an ozone odor control module positioned about, or in close proximity to, the at least one filtration module to capture and neutralize gases produced by, or escaped from, the at least one filtration module (‘787, claim 36).
30. The wastewater/water treatment and management system of claim 29 further comprising at least one effluent storage tank connected via piping to, and downstream from, the at least one filtration module and connected via piping to, and upstream from, the at least one water treatment module (‘787, claim 37).
31. The wastewater/water treatment and management system of claim 28 further comprising at least one condenser unit connected to, and downstream from, the at least one evaporator module to condense water vapor created by the at least one evaporator (‘787, claim 38).
32. A wastewater/water treatment and management system for processing wastewater with a solids component (‘787, claim 39, preamble) comprising:
at least one pre-treatment tank or module for separating solids from liquids (‘787, claim 39, 1st clause);
at least one water treatment module comprising an autoclave module having an autoclave jacket and an autoclave pipe secured in the jacket and selected from the group consisting of a plurality of autoclave pipes secured with inlet and outlet manifolds, a serpentine autoclave pipe and combinations thereof, wherein the autoclave jacket defines an autoclave chamber, and wherein the at least one water treatment module is connected via piping to, and downstream from, the at least one pre-treatment tank (‘787, similar terminology in claim 39, 2nd clause); and,
at least one evaporator module connected via piping to, and downstream from, the at least one water treatment module to distill effluent received by the at least one evaporator module (‘787,claim 39, 3rd clause).
33. The wastewater/water treatment and management system of claim 32 further comprising at least one condenser unit connected via piping to, and downstream from, the at least one evaporator module (‘787, claim 40).
34. The wastewater/water treatment and management system of claim 33 further comprising at least one effluent storage tank connected via piping to, and downstream from, the at least one pretreatment tank or module and connected via piping to, and upstream from the at least one water treatment module (‘787, claim 41).
35. The wastewater/water treatment and management system of claim 34 further comprising at least one flash tank connected via piping to, and downstream from, the at least one water treatment module and connected via piping to, and upstream from, the at least one evaporator module (‘787, claim 42).
36. The wastewater/water treatment and management system of claim 35 further comprising at least one water holding tank connected via piping to, and downstream from, the condenser unit for receiving water vapor condensed into water by the condenser unit (‘787, claim 43).
37. The wastewater/water treatment and management system of claim 33 further comprising at least one post-distillation water treatment module selected from the group consisting of a UV-light module, an ozone module, a chlorination module and combinations thereof, wherein the at least one post-distillation module is connected via piping to, and downstream from, the at least one condenser unit and connected via piping to, and upstream from, the at least one water holding tank (‘787, claim 44).
38. The wastewater/water treatment and management system of claim 37 further comprising a re-mineralization module connected via piping to, and downstream from, the at least one post-distillation water treatment module to re-mineralize the distilled and treated water to potable drinking water standards (‘787, claim 45).
39. The wastewater/water treatment and management system of claim 32 further comprising a building water use system selected from the group consisting of a toilet system, an HVAC or air conditioning system, a rainwater gutter system and combinations thereof connected via piping to the wastewater treatment system to capture and process wastewater, air conditioning condensate and rainwater (‘787, claim 47).
40. The wastewater/water treatment and management system of claim 35 further comprising at least one steam compressor connected via piping at one end to the at least one flash tank and connected via piping at a second end to the at least autoclave jacket, wherein the lumen of the piping and the at least one steam compressor are in fluid communication with a chamber formed by the autoclave jacket (‘787, claim 46) .
41. The wastewater/water treatment and management system of claim 32 further comprising at least one steam compressor connected via piping at one end to the at least one evaporator module and connected via piping at a second end to the at least autoclave jacket, wherein the lumen of the piping, the at least one steam compressor and the at least one evaporator module are in fluid communication with a chamber formed by the autoclave jacket (‘787, claim 48).
42. The wastewater/water treatment and management system of claim 32 further comprising at least one steam compressor connected via piping at one end to the at least one autoclave jacket and connected via piping at a second end to the at least autoclave jacket, wherein the lumen of the piping is in fluid communication with a chamber formed by the autoclave jacket, wherein the lumen of the piping, the autoclave jacket and the at least one steam compressor are in fluid communication and form a closed loop for the delivery of compressed steam from the at least one steam compressor to a chamber formed by the autoclave jacket (‘787, claim 49).
The instant claims differ from the claims of patent ‘787, only by way of the following differences:
in the 2nd clause of instant independent claim 28, recitation of “at least one water treatment module comprising an autoclave module” vs “at least one autoclave module” in claim 35 of patent ‘787, and, “the at least one water treatment module is connected via piping to…the at least one filtration module” vs. “the at least one autoclave module is connected via piping to…the at least one filtration module” in independent claim 35 of patent ‘787; and
in the 2nd clause of instant independent claim 32, recitation of “at least one water treatment module comprising an autoclave module” vs “at least one autoclave module” in claim 39 of patent ‘787, and, “at least one water treatment module” clause of instant independent claim 28,recitation in “the at least one water treatment module is connected via piping to…the at least one filtration module” in instant independent claim 32, vs. “the at least one autoclave module is connected via piping to…the at least one filtration module” in independent claim 39 of patent ‘787.
Such terminology differences are deemed to not have significantly different meanings since the 2nd clauses of the respective instant claims and claims of ‘787 recite the common sub-components of autoclave jacket, autoclave pipe(s), inlet and outlet manifolds and serpentine autoclave pipe, and the same piping connections.
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.
Claims 28-42 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In claim 28 is interpreted as including a two-member Markush group reciting the autoclave module comprised in the at least one water treatment module as comprising one or both of “a plurality of autoclave pipes secured with inlet and outlet manifolds” and “at least one serpentine pipe”. Thus, the claim is ambiguous as to the scope of “and combinations thereof” since the claim as a whole appears to only recite the Markush group as having one possible combination (there being both autoclave pipes and a serpentine pipe).
Claim 28 is also ambiguous as to whether each of the “at least one” water treatment modules is comprising an autoclave module, or instead, if “the at least one treatment module” comprises an autoclave module and optionally one or more other type(s) of water treatment modules.
In claim 31, “the at least one evaporator” lacks antecedent basis, being inconsistent with prior recitation of “at least one evaporator module”.
Claim 32 is interpreted as including a two-member Markush group reciting the autoclave module comprised in the at least one water treatment module as comprising one or both of “a plurality of autoclave pipes secured with inlet and outlet manifolds” and “at least one serpentine pipe”. Thus, the claim is ambiguous as to the scope of “and combinations thereof” since the claim as a whole appears to only recite the Markush group as having one possible combination (there being both autoclave pipes and a serpentine pipe).
Claim 32 is also ambiguous as to whether each of the “at least one” water treatment modules is comprising an autoclave module, or instead, if “the at least one treatment module” comprises an autoclave module and optionally one or more other type(s) of water treatment modules.
Also in claim 32, “the at least one pre-treatment tank” lacks antecedent basis, since the claim previously recited the option of there being “at least one pretreatment module” instead of “at least one pretreatment tank”.
In claim 37, “the at least one water holding tank” lacks antecedent basis, such component(s) not being present in claims 32 and 33 from which claim 37 depends; deletion of “the” preceding “at least one water holding tank” or changing dependency of claim 37 to be from claim 36 which introduces “at least one water holding tank” is suggested.
Similarly, in claim 38, “the distilled and treated water” lacks antecedent basis and is otherwise inconsistent with independent claim 32 which recites “evaporator module…to distill effluent”.
In claim 39, “the wastewater treatment system” lacks antecedent basis and is inconsistent with prior recitations of “the wastewater/water treatment and management system” and it is thus also unclear whether the “building water use system” is a component of the combination of components making up “the wastewater/water treatment and management system”.
In each of claims 40, 41 and 42, it is unclear whether the chamber recited in the terminology “a chamber formed by the autoclave jacket” (plural recitations in claim 42) is the same or a different chamber from that recited in claim 32 which recites “wherein the autoclave jacket defines an autoclave chamber” .
ALLOWABLE SUBJECT MATTER
Claims 28-42 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) and Obviousness Double Patenting , as set forth in this Office action.
Independent claims 28 and 32, and hence claims dependent therefrom, would be distinguished and non-obvious over all of the prior art now made of record in view of respective recitations of the combination of:
at least one filtration module, or at least one pre-treatment tank or module to filter solids from liquids, or for filtering solids from liquids, in combination with
at least one water treatment module comprising an autoclave module having an autoclave jacket, in view of further recitation of an autoclave jacket secured in the jacket and selected from the group consisting of a plurality of autoclave pipes secured with inlet and outlet manifolds, a serpentine autoclave pipe and combinations thereof, the jacket defining an autoclave chamber and the at least one water treatment module being connected, via piping to, and downstream from, the at least one filtration module, or from the at least one pre-treatment tank, and
with an evaporator module connected via piping downstream of such at least one water treatment module.
The closest prior art is represented by the following prior art:
Khan et al patent 5,211,724; Ishida et al patent 4,297,216; Logan et al PGPUBS Document US 2015/0164108 and Pyrhonen et al PGPUBS Document US 2016/0368803 individually and collectively teach water or wastewater treatment and management systems comprising pre-treatment and filtration water treatment units in series with a water treatment unit comprising a jacketed autoclave, necessarily having inlet and outlet pipes and also having an evaporator and other treatment units for receiving effluent from the water treatment unit autoclave. In particular, Khan teaches the combination of water treatment units including evaporator downstream from autoclave, while Ishida teaches a pre-treatment tank upstream of a jacketed autoclave.
Tempest PGPUBS Document US 2013/0213888 teaches a water and wastewater treatment and management system employing a series of modular water treatment tanks and treatment vessels for conducting filtration and other types of water treatment operations. Tempest teaches a wastewater treatment and management system comprising pre-treatment, filtration and pressurized, treatment units in the form of modules (see paragraphs [0039, 0057 and 0061] in particular regarding the modules and see paragraphs [0016-0017] concerning treatment, collection and reuse of water and wastewater from various sources.
Nuris et al publication DE 60301126 and Alkaloida et al publication HU 213076 teach jacketed autoclaves surrounding a plurality of pipes including a network of serpentine pipes for circulating heat exchange medium, and having oppositely directed inlet and outlet pipes for introducing and discharging material being treated in a central autoclave chamber surrounded by one or plural jackets.
However, documents ‘126 and ‘076 are concerned with carrying out polymerization chemical reactions of viscous mediums including an aqueous mixture of monomers, with regard to constant regulation of quantities of heat supply so as to minimize entrainment of monomers with a generated vapor phase, thus are not analogous to the water and wastewater treatment arts or provide clear motivation to modify the systems or apparatus. Additionally, neither of publication ‘126 or ‘076 teach securing of the autoclave jackets to the piping of an autoclave module in the manner instantly recited or provide motivation to modify the systems or apparatus of Khan et al patent 5,211,724; Ishida et al patent 4,297,216; Logan et al PGPUBS Document US 2015/0164108 and/or Pyrhonen et al PGPUBS Document US 2016/0368803.
Thus the combination of prior art does not render the combination of limitations of instant claims 28 or 32 regarding the combination of modules or modules and pretreatment tank, with the at least one water treatment module comprising an autoclave module having an autoclave jacket, in view of further recitation of an autoclave jacket secured in the jacket and selected from the group consisting of a plurality of autoclave pipes secured with inlet and outlet manifolds, a serpentine autoclave pipe and combinations thereof, the jacket defining an autoclave chamber, as being anticipated or obvious.
Claims 29-31 and 33-42 would also respectively be distinguished and non-obvious in view of there respective dependence on claims 28 and 32 which are distinguished and non-obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In general, all of the prior art cited in the parent patent application 17/867,202, has now been cited in the instant application.
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The telephone number, for official, formal communications, for the examining group where this application is assigned is 571-273-8300.
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JWD
03/05/2026
/JOSEPH W DRODGE/ Primary Examiner, Art Unit 1773
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