DETAILED ACTION
This Office action is in response to the amendment filed on July 15th, 2026. Claims 1-20 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112(b)
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 6 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 and 19 recite “wherein the (coolant/liquid) is transferred from the reservoir of the machine to the first opening via a first transport mechanism and the portion of the (coolant/liquid) is transferred from the second opening to the machine via a second transport mechanism, the first transport mechanism and the second transport mechanism each being a hose, a line, or a tube.” It is unclear if the first transport mechanism and the second transport mechanisms are part of the claimed device or if the device simply connects to the transport mechanisms. If they are part of the device, applicant should amend to positively recite the transport mechanisms as part of the device. If they are external, applicant should amend to remove the references to the transport mechanisms. For now, examiner will assume they are meant to be connectors between the device and the machine, in which case they only limit the device to one with openings for said connectors.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-6, 9-10, and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,780,860 (Gadgil et al.).
The following annotated figure from Gadgil et al. is referenced in the rejection below;
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Regarding claim 1, Gadgil et al. discloses a device comprising:
a lower portion that is configured to facilitate movement of the device from a first location to a second location (fig. 1-4, element 43, shown most clearly in fig. 2), the lower portion including at least one of a plurality of wheels, and adjustable stand, or adjustable legs configured to facilitate the movement of the device from the first location to the second location (“A movable platform can be helpful for this type of local relocation, such as a cart with retractable wheels or pallet with handles.” also “In one embodiment of the invention, leveling legs are provided on the housing which allows alignment of the device to the horizontal using leveling screws.”); and
an upper portion that is supported by the lower portion, the upper portion including: a first opening in which a coolant is received from a reservoir of a machine that is different than the device (fig. 1, element 11);
a first area in which the coolant is collected after entering the first opening (fig. 1-3, element 31);
a second area in which a portion of the coolant flows from the first area (fig. 2, as annotated above);
a baffle that at least partially separates the first area from the second area (fig. 1-3, element 37);
a third area at which the portion of the coolant traverses in a direction from a first end of the third area to a second end of the third area that is opposite the first end (fig. 1-2, element 47, shown though not labeled in fig. 4);
one or more lamps that emit light directed towards the portion of the coolant while the portion of the coolant traverses in the direction across the third area (fig. 1, 4, & 6, element 53); and
a second opening, adjacent to the second end, at which the portion of the coolant exits the third area and is returned to the machine (fig. 1-2 & 4, element 69), wherein the coolant was previously used by or output by the machine and the portion of the coolant that exits the device via the second opening is to be re-used by the machine (intended use, only limits to a device capable of this, which only requires that the device have both a first and second opening).
Regarding claim 2, Gadgil et al. discloses the device as recited in claim 1, wherein the baffle includes an opening, void, hole, or cut-out that allows the portion of the coolant to flow from the first area to the second area (fig. 1-3, element 64, unlabeled holes in baffle 37).
Regarding claim 3, Gadgil et al. discloses the device as recited in claim 1, wherein the void, the hole, or the cut-out is located at a first bottom portion of the baffle and the portion of the coolant flows to the second area from a second bottom portion of the coolant within the first area (fig. 1-3, element 64, unlabeled holes in baffle 37, some of which are located in a “bottom portion”).
Regarding claim 4, Gadgil et al. discloses the device as recited in claim 1, wherein the one or more lamps include a first lamp and a second lamp that are each disposed within the third area (“wherein two UV lamps are provided”).
Regarding claim 5, Gadgil et al. discloses the device as recited in claim 1, wherein the light includes ultraviolet (UV) light or UV-C light (“germicidal UV lamp”).
Regarding claim 6, Gadgil et al. discloses the device as recited in claim 1, wherein the coolant is transferred from the reservoir of the machine to the first opening via a first transport mechanism and the portion of the coolant is transferred from the second opening to the machine via a second transport mechanism, the first transport mechanism and the second transport mechanism each being a hose, a line, or a tube (fig. 1-4, elements 11 & 69).
Regarding claim 9, Gadgil et al. discloses a device comprising:
a first opening in which a liquid is received (fig. 1-3, element 11) from a machine that is separate from the device (intended use, non-limiting, also "in-field sanitary devices" and "cooling towers or large scale air conditioning systems,");
a first area in which the liquid is collected after entering the first opening (fig. 1-3, element 31);
a second area at which at least a portion of the liquid traverses in a direction from a first end of the second area to a second end of the second area that is opposite the first end (fig. 1-2, element 47, shown though not labeled in fig. 4);
one or more lamps that emit light directed towards the portion of the liquid while the portion of the liquid traverses in the direction across the second area (fig. 1, 4, & 6, element 53); and
a second opening, adjacent to the second end, at which the portion of the liquid exits the second area after being exposed to the light (fig. 1-2 & 4, element 69) for re-use by the machine (intended use of the liquid, non-limiting).
Regarding claim 10, Gadgil et al. discloses the device as recited in claim 9, wherein the device includes: a lower portion that is configured to facilitate movement of the device from a first location to a second location (fig. 1-4, element 43); and an upper portion that is supported by the lower portion and that includes the first opening, the first area, the second area, the one or more lamps, and the second opening (fig. 1-4, elements 73 & 27, seen most clearly in fig. 2).
Regarding claim 13, Gadgil et al. discloses the device as recited in claim 9, wherein the liquid is received from a reservoir of the machine (intended use, limits only in requiring device to be capable of this, which only requires the presence of an inlet, also "in-field sanitary devices" and "cooling towers or large scale air conditioning systems,").
The following annotated figure from Gadgil et al. is referenced in the rejections below;
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Regarding claim 14, Gadgil et al. discloses the device as recited in claim 9, further comprising: a third area in which the portion of the liquid flows to from the first area (fig. 2, as annotated above); and a baffle that at least partially separates the first area from the third area (fig. 1-3, element 67).
Regarding claim 15, Gadgil et al. discloses the device as recited in claim 14, wherein the baffle includes an opening, void, hole, or cut-out that allows the portion of the liquid to flow from the first area to the third area (fig. 1-3, element 64, unlabeled holes in baffle 37).
Regarding claim 16, Gadgil et al. discloses the device as recited in claim 15, wherein the void, the hole, or the cut-out is located at a bottom portion of the baffle and the portion of the liquid flows to the third area from a bottom portion of the liquid within the first area (fig. 1-3, element 64, unlabeled holes in baffle 37, some of which are located in a “bottom portion”).
Regarding claim 17, Gadgil et al. discloses the device as recited in claim 9, wherein the one or more lamps include a first lamp and a second lamp that are each disposed within the second area (“wherein two UV lamps are provided”).
Regarding claim 18, Gadgil et al. discloses the device as recited in claim 9, wherein the light includes ultraviolet (UV) light or UV-C light (“germicidal UV lamp”).
Regarding claim 19, Gadgil et al. discloses the device as recited in claim 9, wherein the liquid is transferred from a reservoir of the machine to the first opening via a first transport mechanism and the portion of the liquid is transferred from the second opening to the machine via a second transport mechanism, the first transport mechanism and the second transport mechanism each being a hose, a line, or a tube (fig. 1-4, elements 11 & 69).
Regarding claim 20, Gadgil et al. discloses a system comprising:
a machine that includes a reservoir that stores a liquid (“in-field sanitary devices”, also “cooling towers or large scale air conditioning systems,”); and
a device that receives the liquid from the reservoir and exposes the liquid to light, the device comprising:
a first opening in which the liquid is received (fig. 1-3, element 11) from a reservoir of the machine (fig. 1, 3-4, & 7, element 3);
a first area in which the liquid is collected after entering the first opening (fig. 1-3, element 31);
a second area at which at least a portion of the liquid traverses in a direction from a first end of the second area to a second end of the second area that is opposite the first end (fig. 1-2, element 47, shown though not labeled in fig. 4);
one or more lamps that emit light directed towards the portion of the liquid while the portion of the liquid traverses in the direction across the second area (fig. 1, 4, & 6, element 53); and
a second opening, adjacent to the second end, at which the portion of the liquid exits the second area and is routed to the machine after being exposed to the light and for re-use by the machine (fig. 1-2 & 4, element 69, note that routing to the machine is not a function of an opening but of an unclaimed hose, pipe, or other similar elements, hence the second opening is not limited by this, furthermore “for re-use by the machine” is intended use).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7-8 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gadgil et al. as applied to claims 1 & 10 above, and further in view of US 2022/0112097 (Batten et al.).
Regarding claim 7, Gadgil et al. discloses the claimed invention except for a skimmer wheel that is disposed in the first area that collects a second portion of the coolant that is within the first area. Batten et al. discloses a device for treating effluent with a skimmer wheel that collects the top portion of an effluent (multiple figures, element 16). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to incorporate the skimmer wheel of Batten et al. into the device of Gadgil et al. so that oil and other contaminants could be removed, as disclosed in Batten et al. (“In another embodiment the invention provides a separator assembly for separating fat, oil, and grease from effluent including a container for receiving and holding effluent water containing oil, grease and solid waste to be removed from the effluent water, whereby F.O.G. collects in the container as grey water is passed downstream from the container;” P 16).
Regarding claim 8, Gadgil et al. in view of Batten et al. disclose the device as recited in claim 7, wherein the skimmer wheel is associated with a timer such that the skimmer wheel operates for a limited duration of time (Batten et al., “time can be used to terminate skimming after a pre-defined interval.” P 13). It would have been obvious to a person having ordinary skill in the art that the time the application was filed to incorporate the timer of Batten et al. to prevent overskimming, as disclosed in Batten et al. (“allowing F.O.G. to be directed to the canister from the skimmer for an unspecified period of time risks overflowing the canister. In such cases it may be preferable to use a timer to terminate skimming after a predefined time interval,” P 52).
Regarding claim 11, Gadgil et al. discloses the claimed invention except for a skimmer wheel that is disposed in the first area that collects a second portion of the liquid that is within the first area. Batten et al. discloses a device for treating effluent with a skimmer wheel that collects the top portion of an effluent (multiple figures, element 16). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to incorporate the skimmer wheel of Batten et al. into the device of Gadgil et al. so that oil and other contaminants could be removed, as disclosed in Batten et al. (“In another embodiment the invention provides a separator assembly for separating fat, oil, and grease from effluent including a container for receiving and holding effluent water containing oil, grease and solid waste to be removed from the effluent water, whereby F.O.G. collects in the container as grey water is passed downstream from the container;” P 16).
Regarding claim 12, Gadgil et al. in view of Batten et al. disclose the device as recited in claim 11, wherein the skimmer wheel is associated with a timer such that the skimmer wheel operates for a limited duration of time (Batten et al., “time can be used to terminate skimming after a pre-defined interval.” P 13). It would have been obvious to a person having ordinary skill in the art that the time the application was filed to incorporate the timer of Batten et al. to prevent overskimming, as disclosed in Batten et al. (“allowing F.O.G. to be directed to the canister from the skimmer for an unspecified period of time risks overflowing the canister. In such cases it may be preferable to use a timer to terminate skimming after a predefined time interval,” P 52).
Response to Arguments
Applicant's arguments filed July 15th, 2026 have been fully considered but they are not persuasive.
Applicant argues that Gadgil does not disclose wheels, an adjustable stand, or adjustable legs and is intended for stationary use.
Gadgil does disclose an embodiment that is stationary but is primarily directed to transportable device (see “Additionally, the simplicity of design provides for a light weight, portable system. This allows easy transportation of a unit, even to remote areas.”). Furthermore, Gadgil discloses options includes wheels and adjustable legs (see rejection above).
Applicant argues that Gadgil is directed to treating water for direct human consumption, rather than for re-use by a machine via a closed loop recirculation.
This is intended use and therefore non-limiting. Only claim 20 recites the machine as part of the device, so any limitations to the workings of the machine are irrelevant for claims 1-19. Claim 20 does not specify any particular use by the machine and does not even recite the fluid transport mechanisms responsible for the closed-loop recirculation.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZA W OSENBAUGH-STEWART whose telephone number is (571)270-5782. The examiner can normally be reached 10am - 6pm Pacific Time M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZA W OSENBAUGH-STEWART/Primary Examiner, Art Unit 2881
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