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 .
Claims 2-4, 9-13 and 20-21 are pending.
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 3-4 and 10-11 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 3 recites the limitation "the first chamber is defined by the second bipolar membrane and the fourth cation exchange membrane" in lines 7-8. The limitation of “a first chamber defined by the first bipolar membrane and the second cation exchange membrane” is previously introduced in lines 23-24 of claim 2. As only a single “first chamber” is recited, but multiple contradictory definitions are provided for the “first chamber”, it is unclear whether the recitation of claim 3 is referring to the same previously introduced chamber or to a separate additional chamber. For examination purposes, based on Fig. 3 and paragraphs 0016 and 0018 of the instant specification, each differently defined “first chamber” will be interpreted as one of multiple chambers to which the regeneration wastewater is supplied. This is similarly applied to claim 4, which recites the limitation “the first chamber is defined by the third bipolar membrane…and the fourth cation exchange membrane…” in lines 2-4.
Claim 10 recites the limitation "the first chamber is defined by the fourth anion exchange membrane and the fourth cation exchange membrane" in lines 8-9. The limitation of “a first chamber defined by the second anion exchange membrane and the second cation exchange membrane” is previously introduced in lines 24-25 of claim 9. As only a single “first chamber” is recited, but multiple contradictory definitions are provided for the “first chamber”, it is unclear whether the recitation of claim 10 is referring to the same previously introduced chamber or to a separate additional chamber. For examination purposes, based on Fig. 8 and paragraphs 0051 and 0056 of the instant specification, each differently defined “first chamber” will be interpreted as one of multiple chambers to which the regeneration wastewater is supplied. This is similarly applied to claim 11, which recites the limitation “the first chamber is defined by the fourth anion exchange membrane and the fourth cation exchange membrane in each…” in lines 2-3.
Claim 10 recites the limitation "the second chamber is defined by the second bipolar membrane and the fourth anion exchange membrane" in lines 9-10. The limitation of “a second chamber defined by the first bipolar membrane and the second anion exchange membrane” is previously introduced in lines 26-27 of claim 9. As only a single “second chamber” is recited, but multiple contradictory definitions are provided for the “second chamber”, it is unclear whether the recitation of claim 10 is referring to the same previously introduced chamber or to a separate additional chamber. For examination purposes, based on Fig. 8 and paragraphs 0051 and 0056 of the instant specification, each differently defined “second chamber” will be interpreted as one of multiple chambers from which the regeneration acidic aqueous solution is discharged. This is similarly applied to claim 11, which recites the limitation “the second chamber is defined by the third bipolar membrane…and the fourth anion exchange membrane…” in lines 3-5.
Any claims dependent on the above claim(s) are rejected for their dependence.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-4, 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Byszewski et al. (U.S. Patent No. 5,352,345) in view of Nakamura et al. (JP 2000354772 A, citations based on translation), and further in view of Gao et al. (“Regenerating spent acid produced by HZSM-5 zeolite preparation by bipolar membrane electrodialysis”, Sep. Purif. Technol., 2014).
Regarding claim 2, Byszewski teaches a wastewater treatment system for treating regeneration wastewater generated by a regeneration process using an acidic solution for a desalination device for desalting water (see e.g. Col. 1, lines 15-42, Col. 2, lines 62-68, and Claims 6 and 14, treatment of exhausted regenerating solution, i.e. wastewater, from acid regeneration of cation exchange column, i.e. desalination device, for water purification) comprising:
a bipolar membrane electrodialyzer (see e.g. Fig. 1, electrodialytic unit having at least one bipolar membrane; Col. 2, lines 66-68, and Col. 3, lines 41-42) for separating, from the regeneration wastewater containing a salt produced by reaction between an ion captured by the desalination device and the acidic aqueous solution, or from a solution derived from the regeneration wastewater, an aqueous solution containing an acidic solute that is the same as the acidic aqueous solution as a regeneration acidic aqueous solution (see e.g. Col. 1, lines 39-42 and 47-51, and Col. 2, lines 64-68, exhausted regenerant stream containing salts formed of the acid anions and cationic impurities from the cation exchange column converted into fresh acid regenerating solution),
wherein the wastewater treatment system is configured such that the regeneration acidic aqueous solution is used as at least part of the acidic aqueous solution for regeneration of the desalination device (see e.g. Col. 2, line 65-Col. 3, lines 4, and Claims 6 and 9, recovered fresh aqueous acid product stream from electrodialytic treatment used to regenerate cation exchange column);
wherein the bipolar membrane electrodialyzer includes:
an anode (see e.g. Fig. 1, anode 1; Col. 3, line 43);
a cathode (see e.g. Fig. 1, cathode 2; Col. 3, line 44); and
a cell disposed between the anode and the cathode (see e.g. Fig. 1, electrodialytic cell formed between separating cation membranes 3 and 5 adjacent anode 1 and cathode 5, respectively; Col. 3, lines 43-45), wherein the cell includes:
a first bipolar membrane including a first anion exchange membrane and a first cation exchange membrane (see e.g. Fig. 1, bipolar membrane 6 with anion layer (-) and cation layer (+); Col. 3, lines 45-46);
a second cation exchange membrane (see e.g. Fig. 1, cation membrane 4; Col. 3, line 48); and
a second bipolar membrane including a second anion exchange membrane facing the second cation exchange membrane and a third cation exchange membrane (see e.g. Fig. 1, bipolar membrane 7 with anion layer (-) facing cation membrane 4 and outer cation layer(-); Col. 3, lines 48-50); and
wherein the bipolar membrane electrodialyzer is configured such that the regeneration wastewater is supplied to a first chamber defined by the first bipolar membrane and the second cation exchange membrane (see e.g. Fig. 1, spent regenerant solution fed via line 10 to salt compartment, which is between bipolar membrane 6 and cation membrane 4; Col. 3, lines 45-48 and 59-61) and that the regeneration acidic aqueous solution is discharged from the first chamber (see e.g. Fig. 1, formed acid in aqueous solution recovered via line 18 from acid compartment, which is between bipolar membrane 6 and cation membrane 4; Col. 3, lines 45-48 and 62-64, and Col. 4, lines 13-18).
Byszewski does not explicitly teach the water to be desalted containing ammonia, with ammonia being the ion captured by the desalination device, but does teach the desalination device being used to treat boiler feed water by ion exchange to remove cationic impurities (see e.g. Col. 1, lines 15-31).
Nakamura teaches a method for treating regenerated wastewater from a boiler condensate demineralizer to remove ammonium ions, which are cationic (see e.g. Paragraphs 0001-0002), wherein the demineralizer treats condensate containing ammonia using a cation exchange resin that must periodically be regenerated with an acid, resulting in discharge of an acidic waste liquid containing ammonium ions (see e.g. Paragraphs 0003-0004 and 0006).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Byszewski to be used with a demineralization/desalination device treating ammonium ion-containing water as taught by Nakamura as an exemplary particular boiler feed treatment using a cation exchange resin that produces a cation impurity containing regeneration wastewater solution that can be treated by the system of Byszewski. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Modified Byszewski does not teach the second cation exchange membrane facing the first cation exchange membrane, instead teaching an anion exchange membrane being provided between the second cation exchange membrane and the first cation exchange membrane of the first bipolar membrane (see e.g. Byszewski Fig. 1, anion membrane 8 between cation layer (+) of bipolar membrane 6 and cation membrane 4; Col. 3, lines 45-48). Byszewski does however teach that different membrane configurations may be used for the electrodialyzer (see e.g. Byszewski Col. 2, line 68-Col. 3, line 1, and Col. 6, lines 41-45).
Gao teaches a method of treating a salt-containing acid wastewater from an ion exchange process to regenerate acid and base by bipolar membrane electrodialysis (see e.g. Abstract and Page 97, Col. 2, lines 20-23), wherein the bipolar membrane electrodialysis may have multiple configurations to generate the acid and base, including one with an anion exchange membrane and cation exchange membrane between two bipolar membranes (BP-A-C-BP) and one with only a cation exchange membrane between two bipolar membranes (BP-C-BP) (see e.g. Figs. 1a-1b and Page 98, Col. 2, lines 3-25), the BP-C-BP configuration providing lower energy consumption in comparison to the BP-A-C-BP configuration due to smaller electrical resistance (see e.g. Page 98, Col. 2, bottom paragraph, lines 9-13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cell of modified Byszewski to have only a cation exchange membrane between the outer bipolar membranes, instead of an anion exchange membrane and cation exchange membrane, as taught by Gao as an alternate suitable bipolar membrane electrodialysis configuration for producing acid and base from an acidic salt-containing ion exchange wastewater that further provides lower energy consumption due to its smaller electrical resistance. MPEP § 2143(I)(B) states that “simple substitution of one known element for another to obtain predictable results” may be obvious.
Regarding claim 3, Byszewski as modified by Gao teaches the cell including, between the second bipolar membrane and the cathode, at least one repeating unit that includes: a fourth cation exchange membrane facing the third cation exchange membrane; and a third bipolar membrane including a third anion exchange membrane facing the fourth cation exchange membrane and a firth cation exchange membrane, and the first chamber being defined by the second bipolar membrane and the fourth cation exchange membrane (see e.g. Byszewski Fig. 1, several repeating units with respective acid/salt compartments formed of the cell bounded by the bipolar membranes 6 and 7 with the final bipolar membrane of a preceding cell, e.g. bipolar membrane 7, forming the first bipolar membrane of the next cell, Col. 3, lines 50-58; see e.g. Gao Fig 1b, each repeated cell comprising a cation exchange membrane bounded by bipolar membranes, i.e. adding another cation exchange membrane and bipolar membrane with its anion exchange (-) layer facing the cation exchange membrane, with the salt solution added between the preceding bipolar membrane and the cation exchange membrane, i.e. as the first chamber).
Regarding claim 4, Byszewski as modified by Gao teaches the cell including at least two, preferably 50 to 200, repeating units (see e.g. Byszewski Col. 3, lines 53-55, several repeating cells, preferably between 50 and 200), and the first chamber being defined by the third bipolar membrane of one of two adjacent repeating units and the fourth cation exchange membrane of the other of the two adjacent repeating units (see e.g. Byszewski Fig. 1, several repeating units with respective acid/salt compartments formed of the cell bounded by the bipolar membranes 6 and 7 with the final bipolar membrane of a preceding cell, e.g. bipolar membrane 7, forming the first bipolar membrane of the next cell, Col. 3, lines 50-58; see e.g. Gao Fig 1b, each repeated cell comprising a cation exchange membrane bounded by bipolar membranes, i.e. adding another cation exchange membrane and bipolar membrane with its anion exchange (-) layer facing the cation exchange membrane, with the salt solution added between the preceding bipolar membrane and the cation exchange membrane, i.e. as the first chamber).
Regarding claim 12, Byszewski as modified by Nakamura teaches a concentrator for concentrating the ammonia salt of the regeneration wastewater before flowing in the bipolar membrane electrodialyzer (see e.g. Byszewski Col. 1, lines 39-42 and 47-51, Col. 4, lines 39-43, Col. 5, lines 3-9, and Claims 7 and 14, spent regenerant containing salt of cationic impurities first concentrated via RO or ED before being treated in the electrodialytic water splitter; see e.g. Nakamura Paragraphs 0004 and 0006, ammonium anions as cationic impurities in regeneration wastewater from acid regeneration).
Regarding claim 20, Byszewski as modified by Nakamura teaches the water containing ammonia being condensate from a boiler (see e.g. Byszewski Col. 1, lines 20, boiler feed water; see e.g. Nakamura Paragraphs 0002 and 0006, boiler condensate containing ammonia).
Claims 9-11, 13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Byszewski in view of Nakamura.
Regarding claim 9, Byszewski teaches a wastewater treatment system for treating regeneration wastewater generated by a regeneration process using an acidic solution for a desalination device for desalting water (see e.g. Col. 1, lines 15-42, Col. 2, lines 62-68, and Claims 6 and 14, treatment of exhausted regenerating solution, i.e. wastewater, from acid regeneration of cation exchange column, i.e. desalination device, for water purification) comprising:
a bipolar membrane electrodialyzer (see e.g. Fig. 1, electrodialytic unit having at least one bipolar membrane; Col. 2, lines 66-68, and Col. 3, lines 41-42) for separating, from the regeneration wastewater containing a salt produced by reaction between an ion captured by the desalination device and the acidic aqueous solution, or from a solution derived from the regeneration wastewater, an aqueous solution containing an acidic solute that is the same as the acidic aqueous solution as a regeneration acidic aqueous solution (see e.g. Col. 1, lines 39-42 and 47-51, and Col. 2, lines 64-68, exhausted regenerant stream containing salts formed of the acid anions and cationic impurities from the cation exchange column converted into fresh acid regenerating solution),
wherein the wastewater treatment system is configured such that the regeneration acidic aqueous solution is used as at least part of the acidic aqueous solution for regeneration of the desalination device (see e.g. Col. 2, line 65-Col. 3, lines 4, and Claims 6 and 9, recovered fresh aqueous acid product stream from electrodialytic treatment used to regenerate cation exchange column);
wherein the bipolar membrane electrodialyzer includes:
an anode (see e.g. Fig. 1, anode 1; Col. 3, line 43);
a cathode (see e.g. Fig. 1, cathode 2; Col. 3, line 44); and
a cell disposed between the anode and the cathode (see e.g. Fig. 1, electrodialytic cell formed between separating cation membranes 3 and 5 adjacent anode 1 and cathode 5, respectively; Col. 3, lines 43-45), wherein the cell includes:
a first bipolar membrane including a first anion exchange membrane and a first cation exchange membrane (see e.g. Fig. 1, bipolar membrane 6 with anion layer (-) and cation layer (+); Col. 3, lines 45-46);
a second anion exchange membrane facing the first cation exchange membrane (see e.g. Fig. 1, anion membrane 8 facing cation layer (+) of bipolar membrane 6; Col. 3, lines 45-47);
a second cation exchange membrane facing the second anion exchange membrane (see e.g. Fig. 1, cation membrane 4 facing anion membrane 8; Col. 3, line 48); and
a second bipolar membrane including a third anion exchange membrane facing the second cation exchange membrane and a third cation exchange membrane (see e.g. Fig. 1, bipolar membrane 7 with anion layer (-) facing cation membrane 4 and outer cation layer (-); Col. 3, lines 48-50), and
wherein the bipolar membrane electrodialyzer is configured such that the regeneration wastewater is supplied to a first chamber defined by the second anion exchange membrane and the second cation exchange membrane (see e.g. Fig. 1, spent regenerant solution fed via line 10 to salt compartment, which is between anion membrane 8 and cation membrane 4; Col. 3, lines 47-48 and 59-61), and that the regeneration acidic aqueous solution is discharged from a second chamber defined by the first bipolar membrane and the second anion exchange membrane (see e.g. Fig. 1, formed acid in aqueous solution recovered via line 18 from acid compartment, which is between bipolar membrane 6 and anion membrane 8; Col. 3, lines 45-47 and 62-64, and Col. 4, lines 13-18).
Byszewski does not explicitly teach the water to be desalted containing ammonia, with ammonia being the ion captured by the desalination device, but does teach the desalination device being used to treat boiler feed water by ion exchange to remove cationic impurities (see e.g. Col. 1, lines 15-31).
Nakamura teaches a method for treating regenerated wastewater from a boiler condensate demineralizer to remove ammonium ions, which are cationic (see e.g. Paragraphs 0001-0002), wherein the demineralizer treats condensate containing ammonia using a cation exchange resin that must periodically be regenerated with an acid, resulting in discharge of an acidic waste liquid containing ammonium ions (see e.g. Paragraphs 0003-0004 and 0006).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Byszewski to be used with a demineralization/desalination device treating ammonium ion-containing water as taught by Nakamura as an exemplary particular boiler feed treatment using a cation exchange resin that produces a cation impurity containing regeneration wastewater solution that can be treated by the system of Byszewski. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Regarding claim 10, modified Byszewski teaches the cell including, between the second bipolar membrane and the cathode, at least one repeating unit that includes: a fourth anion exchange membrane facing the third cation exchange membrane; a fourth cation exchange membrane facing the fourth anion exchange membrane; and a third bipolar membrane including a fifth anion exchange membrane facing the fourth cation exchange membrane and a fifth cation exchange membrane, the first chamber being defined by the fourth anion exchange membrane and the fourth cation exchange membrane, and the second chamber being defined by the second bipolar membrane and the fourth anion exchange membrane (see e.g. Byszewski Fig. 1, several repeating units with respective acid/salt compartments formed of the cell bounded by the bipolar membranes 6 and 7 with the final bipolar membrane of a preceding cell, e.g. bipolar membrane 7, forming the first bipolar membrane of the next cell, i.e. adding an additional anion membrane, cation membrane and bipolar membrane with its anion layer facing the cation membrane for each repeating unit, the salt compartment, i.e. first chamber, of each cell being formed between the anion membrane 8 and cation membrane 4, and the acid compartment, i.e. second chamber, being formed between the preceding bipolar membrane 6 and the anion membrane 4; Col. 3, lines 45-58).
Regarding claim 11, modified Byszewski teaches the cell including at least two, preferably 50-200, repeat units (see e.g. Byszewski Col. 3, lines 53-55, several repeating cells, preferably between 50 and 200), the first chamber being defined by the fourth anion exchange membrane and the fourth cation exchange membrane in each of the repeating units, and the second chamber being defined by the third bipolar membrane of one of two adjacent repeating units and the fourth anion exchange membrane of the other of the two adjacent repeating units (see e.g. Byszewski Fig. 1, the salt compartment, i.e. first chamber, of each cell being formed between the anion membrane 8 and cation membrane 4, and the acid compartment, i.e. second chamber, being formed between the preceding bipolar membrane 6 and the anion membrane 4, Col. 3, lines 45-58).
Regarding claim 13, Byszewski as modified by Nakamura teaches the bipolar membrane electrodialyzer being configured such that ammonia water is discharged from a third chamber defined by the second cation exchange membrane and the second bipolar membrane (see e.g. Byszewski Fig. 1, aqueous base solution formed from the cations of the salt from the regenerant recovered via line 21 from base compartment, i.e. third chamber, between cation membrane 4 and bipolar membrane 7, Col. 1, lines 39-42 and 47-51, Col. 3, lines 48-50 and 62-65, and Col. 4, lines 10-20; see e.g. Nakamura Paragraphs 0004 and 0006, ammonium anions as cationic impurities in regeneration wastewater from acid regeneration, thereby forming ammonia water as the aqueous base solution), and that a dilution solution which is a remaining component of the regeneration wastewater from which the regeneration acidic aqueous solution and the ammonia water have been separated is discharged from the first chamber (see e.g. Byszewski Fig. 1, depleted salt solution removed via line 24 from salt compartment, i.e. first chamber; Col. 4, lines 20-22), and
the wastewater treatment system further comprising: a concentrator for concentrating the ammonia salt of the regeneration wastewater before flowing in the bipolar membrane electrodialyzer (see e.g. Byszewski Col. 1, lines 39-42 and 47-51, Col. 4, lines 39-43, Col. 5, lines 3-9, and Claims 7 and 14, spent regenerant containing salt of cationic impurities first concentrated via RO or ED before being treated in the electrodialytic water splitter; see e.g. Nakamura Paragraphs 0004 and 0006, ammonium anions as cationic impurities in regeneration wastewater from acid regeneration); and a dilution solution return line for supplying the dilution solution to the regeneration wastewater before flowing in the concentrator (see e.g. Byszewski Col. 5, lines 10-14, Col. 8, lines 13-25, depleted salt stream sent to inlet of concentrating ED or RO).
Regarding claim 21, Byszewski as modified by Nakamura teaches the water containing ammonia being condensate from a boiler (see e.g. Byszewski Col. 1, lines 20, boiler feed water; see e.g. Nakamura Paragraphs 0002 and 0006, boiler condensate containing ammonia).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hulme et al. (U.S. 5,968,338) discloses a process in which a cation exchange material is contacted with acid to elute an ammonium salt, the ammonium salt is sent to an electrochemical cell which may comprise a cathode and an anode separated by a unit including either a cation selective membrane and/or an anion selective membrane between two bipolar membranes, thereby producing an aqueous ammonium hydroxide, i.e. ammonia water, solution and an acid solution that can be reused for contacting the cation exchange material.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOFOLUWASO S JEBUTU whose telephone number is (571)272-1919. The examiner can normally be reached M-F 9am-5pm.
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/MOFOLUWASO S JEBUTU/Examiner, Art Unit 1795
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