DETAILED ACTION
Lack of Unity of Invention
The Lack of Unity of Invention set forth in the related Written Opinion of record is adopted:
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Mr. Gregory Madden elected Group I (claims 1-8 and 10) without traverse, confirmed in e-mail of 05 January 2026.
Claim Rejections - 35 USC § 102
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 102(A1/A2) as being anticipated by US 2017/0259193 A1 (Southern Field Welding, LLC).
Regarding Claim 1, Southern Field Welding, LLC discloses an apparatus for diffusing wastewater into a clarifier having a wastewater inlet fluidly connected to an influent well (Fig. 1; para [0031], [0033]-[0035], [0052], wastewater clarification system with cylindrical portion; 17, inlet, 22, and diffuse.), the apparatus comprising: a rotationally symmetric hollow body having a plurality of flow distributors positioned about a perimeter of the rotationally symmetric hollow body (Fig. 1; para [0018], [0036], diffuser, 29, with plurality of ports, 33.); and a baffle extending around a bottom end portion of the rotationally symmetric hollow body (Fig. 1; para [0018], [0036], baffle, 31.); the apparatus being dimensioned to fit within the influent well and connectable to the clarifier on a top end portion of the rotationally symmetric hollow body (Fig. 1; para [0018], [0036], diffuser set within the cylindrical portion, 17, at a top portion of a rotating auger, 45, or suspended from crossbars.). Regarding Claim 2, Southern Field Welding, LLC discloses the apparatus of claim 1, wherein the flow distributors define apertures open to flow through of the wastewater (Fig. 1; para [0018], [0036], diffuser, 29, with plurality of ports, 33.). Regarding Claim 4, Southern Field Welding, LLC discloses the apparatus of claim 2, wherein the flow distributors extend vertically about the perimeter of the rotationally symmetric hollow body (Fig. 1; para [0018], [0036], diffuser, 29, with plurality of ports, 33, located vertically.). Regarding Claim 5, Southern Field Welding, LLC discloses the apparatus of claim 2, wherein the flow distributors form a grid structure, pattern structure (Fig. 1; para [0018], [0036], diffuser, 29, with plurality of ports, 33.), or serpentine structure, about the perimeter of the rotationally symmetric hollow body (Fig. 1; para [0018], [0036], ports are in the outer wall of the diffuser, as shown.).
Claims 1,6-8 and 10 are rejected under 35 U.S.C. 102(A1/A2) as being anticipated by US 2010/0089821 A1 (Schaller).
Regarding Claim 1, Schaller discloses an apparatus for diffusing wastewater into a clarifier having a wastewater inlet fluidly connected to an influent well (Fig. 2; para [0010], [0027], spillway for use with effluent, as shown. and baffle used to form a concentration of solids at the bottom of the clarifier tank and to reduce solids in the effluent.), the apparatus comprising: a rotationally symmetric hollow body having a plurality of flow distributors positioned about a perimeter of the rotationally symmetric hollow body (Figs. 1-2; para [0029], [0078], plurality of baffle sections, 12, within tank, T.); and a baffle extending around a bottom end portion of the rotationally symmetric hollow body (Figs. 1-2, 12-13; para [0025]-[0027], [0085]-[0087], baffle surface, 12, with flange, 20, on inside of circular tank and around a bottom end portion based on settled solids at the base of the tank.); the apparatus being dimensioned to fit within the influent well and connectable to the clarifier on a top end portion of the rotationally symmetric hollow body (Figs. 2, 13; para [0026], [0028], baffle is mounted with flange, 18, to effluent channel that is located at a top portion of the tank, T, as shown.). Regarding Claim 6, Schaller further discloses the apparatus of claim 1, wherein the baffle extends around the bottom end portion of the rotationally symmetric hollow body at an angle of 45 degrees -75 degrees in an upward direction (Fig. 9; para [0077]-[0079], baffle angles are shown at 45 and 60 degrees upwards towards the tank wall.). Regarding Claim 7, Schaller further discloses the apparatus of claim 1, wherein the rotationally symmetric hollow body has a circular cross section (Fig. 1; para [0027], [0047], circular clarifier.). Regarding Claim 8, Schaller further discloses the apparatus of claim 1, wherein the rotationally symmetric hollow body has a polygonal cross section (Figs. 2, 13; para [0026], [0028], baffle element, 12, with bracket element, 14, which has a polygonal cross section as shown.). Regarding Claim 10, Schaller further discloses the apparatus of claim 1, wherein the baffle comprises a plurality of flow distributors and has a length selected to contact or extend to an interior surface of the influent well (Figs. 1-2, 9; para [0029], [0077]-[0079], plurality of baffle sections, 12, that extend into tank, T, as shown.).
Claim Rejections - 35 USC § 103
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Southern Field Welding, LLC, in view of US 2007/0165483 A1 (Bechtold).
Regarding Claim 3, Southern Field Welding, LLC discloses the apparatus of claim 2, wherein the apertures cover a surface area of the rotationally symmetric hollow body (Fig. 1; para [0018], [0036], ports are in the wall of the diffuser.); but does not specifically disclose 40%- 60% of a surface area. However, Bechtold discloses an apparatus for diffusing water into a clarifier (Fig. 12; para [0087], [0090], conduit, 202, within tank, 120.), comprising a rotationally symmetric hollow body having a plurality of flow distributors positioned about a perimeter of the rotationally symmetric hollow body (Fig. 12; para [0087]-[0090], conduit has inside diameter of about 1 inch and slits, 216, for diverting fluid to the tank chamber.); flow distributors define apertures open to flow through of the wastewater (Fig. 12; para [0087]-[0090], conduit has inside diameter of about 1 inch and slits, 216, for diverting fluid to the tank chamber.) and a baffle (para [0087], [0089]), wherein the apertures cover 40% - 60% of a surface area of the rotationally symmetric hollow body (para [0090], [0094], about 30-70% of the wall space should have slits.). To a person of ordinary skill in the art, varying the surface area of the apertures as taught by Bechtold would have been obvious for use in the apparatus for diffusing wastewater into a clarifier as in Southern Field Welding, LLC in order to optimize diffusion of sand and solids based on the viscosity of the fluid and size of particles (Bechtold: para [0090]), because Southern Field Welding, LLC and Bechtold are directed towards apparatuses for diffusing wastewater into a clarifier comprising rotationally symmetric hollow bodies having a plurality of flow distributors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT JAMES POPOVICS whose telephone number is (571) 272-1164. The examiner can normally be reached from 10:00 AM - 6:00 PM.
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/ROBERT J POPOVICS/ Primary Examiner
Art Unit 1776