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 .
Claim Status
The Preliminary Amendment filed on 01 December 2023 has been entered; claims 1-12, 15, 17, 19, 28, 35, 36, 40, and 48 remain pending.
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.
Claim 36 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 36 recites an abstract idea in the form of a mathematical equation/relationship: “adjust one or more parameters of the system in response to the difference between the concentration of the liquid during processing and the concentration of the setpoint”. This judicial exception is not integrated into a practical application because if there is no difference between the concentration of the liquid during processing and the concentration of the setpoint, no adjusting of one or more parameters of the system occurs; therefore, there is no application, let alone a practical application. Even if the claim was amended to positively recite the adjusting of one or more system parameters, the limitation is stated with a high degree of generality, and would not be considered particular. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because no adjusting has to occur, and merely determining liquid concentrations is routine and conventional within the art, and would not meet the “significantly more” criterion. The claim is not patent eligible.
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.
Claim 8 is 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.
With respect to claim 8, it is unclear to the Examiner how the recited pressure sensor could be enabled to regulate an output of the flow meter, as the pressure sensor merely measures pressure and the flow meter simply measures flow rate. Clarification is respectfully requested.
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.
Claims 1-9, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petersen et al. (U.S. Patent Publication # 2005/0023194), hereinafter “Petersen”.
Regarding Claim 1, Petersen discloses a tangential flow filtration module (“an apparatus”) (see Fig. 7), comprising:
membrane 250 (“a membrane”; Fig. 7; Paragraph [0051]);
filtration module 200 (“a membrane holder”) (Fig. 7; Paragraph [0051]) including a permeate outlet 222 (“an output”) (Fig. 7; Paragraph [0051]), wherein the filtration module 200 (“membrane holder”) is operable to hold the membrane (as shown in Fig. 7) and the filtration module 200 (“membrane holder”) has three or more ports embodied as feed inlet 210, retentate outlet 212 and permeate outlet 220 (Fig. 7; Paragraph [0051]),
valve 312 and/or pressure sensor 606 positioned in permeate outlet 222 of the membrane (“permeate attachments”) (see Fig. 7; Paragraphs [0051, 0065]).
Regarding Claim 2, Petersen discloses a flow meter 608 coupled to an output of the permeate attachment (flow meter 608 is shown to be coupled to the outlet side (output) of the valve 312 (permeate attachment); Fig.7; Paragraphs [0065], [0073]).
Regarding Claim 3, Petersen discloses a pump coupled to an input of the membrane holder (pump 514 is fluidly coupled to the inlet pipe (input) connected to the feed inlet 210 of the filtration module 200 (membrane holder) since operation of pump 514 facilitates flow from the inlet 210 to the permeate outlet 222 through the filtration module 200 (Fig. 7; Paragraphs [0051, 0058, 0070, 0087]).
Regarding Claim 4, Petersen discloses a flow meter 608 (Fig. 7) disposed between pump 514 and the filtration module (“membrane holder”) (Fig. 7; Paragraph [0073]).
Regarding Claim 5, Petersen discloses pressure sensor 604 (Fig. 7; Paragraph [0073]) coupled to filtration module 200 (“the membrane holder”).
Regarding Claim 6, Petersen discloses an apparatus (TFF hardware 13; figure 7), comprising:
membrane 250 (“a membrane”) (Fig. 7; Paragraph [0051]);
filtration module 200 (“a membrane holder”) (Fig. 7; Paragraph [0051]) including permeate outlet 222 (“a first output”) (Fig. 7; Paragraph [0051]), wherein the filtration module 200 (“membrane holder”) is operable to hold the membrane (as shown in Fig. 7) and the membrane holder has three or more ports (feed inlet 210, retentate outlet 212 and permeate outlet 220; Fig. 7; Paragraph [0051]),
and valve 312 and/or pressure sensor 606 (“a permeate attachments”) (Fig. 7; Paragraph [0065]) coupled to the first output of the membrane (as shown in Fig. 7);
flow meter 608 (“a flow meter”) coupled to an output of first pump 514 (Fig. 7; Paragraphs [0065, 0073]);
wherein the flow meter 608 (Fig. 7) is disposed between pump 514 and filtration module 200 (“the membrane holder”) (as shown in Fig. 7).
With respect to claim 7, Petersen discloses feed pressure sensor 602 coupled to the feed inlet 210 of membrane module 200 (“membrane holder”), wherein the pressure sensor is enabled to measure the pressure of the liquid passing through pressure sensor 602 (Paragraphs [0072-0073]).
With respect to claim 8, Petersen teaches wherein flow meter 608 is disposed between first pump 514 and filtration module 200 (“membrane holder”), and pressure sensor 606 is coupled to flow meter 608, wherein the pressure sensor 606 is enabled to detect a pressure of a liquid passing through the pressure sensor 606, wherein readings from pressure sensor 606 are passed to the controller which controls operation of the tangential flow filtration module (“an apparatus”) (see Figs. 7, 10; Paragraph [0075]) which includes the flow meter 608, considered to be consistent with “regulating an output of the flow meter”.
With respect to claim 9, Petersen teaches jacket 180 surrounding reservoir 100, a heat exchanger that is in fluid communication with flow meter 608 via line 400, pump 510, membrane module 200, and permeate outlet 222 (see Figs. 2, 7; Paragraphs [0047, 0051, 0057]).
With respect to claim 17, Petersen teaches valve 312 coupled to pressure sensor 606 (“permeate attachment”) (Fig. 7; Fig. [0065, 0073]).
With respect to claim 19, Peterson additionally teaches reservoir 100 (“one or more vessels”) (Fig. 7; Paragraphs [0050, 0051]).
Claims 1, 3, 19, 28, 35, 40, and 48 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoon et al. (U.S. Patent Publication # 2020/0197875), hereinafter “Yoon”.
With respect to claims 1 and 28, Yoon teaches a membrane separation system 100 (see Fig. 1) comprising:
an apparatus (according to claim 1) (see Paragraphs [0023, 0024, 0026-0030]) comprising a separation membrane 102 embodied as a reverse osmosis membrane; a module (“membrane holder”) including outlets for permeate stream 116 and concentrate stream 118 (“outputs”) (Paragraphs [0023, 0024]), wherein the module is operable to hold the membrane and the module (“membrane holder”) has ports for feed stream 114, permeate stream 116 and concentrate stream 118 (“three or more ports”) (Paragraphs [0029, 0030]); fluorometer 104 and associated valve which is coupled to the permeate stream 116 (“permeate attachments” coupled to output 116 of the membrane) (see Paragraph [0024]);
a memory 122 (Paragraph [0025]);
a processor 120 in communication with the memory 122 (Paragraphs [0025, 0039, 0045]), wherein the processor is configured to execute steps of receiving a feed stream 114 at the RO membrane module of the apparatus discussed above, and processing the liquid via the apparatus (Paragraphs [0025, 0039]), wherein the liquid travels through the membrane and fluorometer permeate attachment, and monitoring a state of the liquid during processing (Paragraphs [0037, 0038, 0041]).
Regarding claim 3, Yoon teaches pump 108 coupled to input 114 of membrane 102 within its membrane module (see Fig. 1; Paragraphs [0023, 0025]).
With respect to claim 19, Yoon teaches multiple membrane modules (“one or more vessels”) (Paragraph [0031]).
With respect to claim 35, Yoon teaches controller 106 (Paragraphs [0023, 0025]).
With respect to claim 36, Yoon teaches dye rejection efficiency of membrane 102, which is obtained by determining the amount of dye that passes through membrane 102 and which present in permeate stream 116. Yoon additionally teaches that if the efficiency of the membrane is less than a desired threshold efficiency associated with desired process values, the operator may take one of the following corrective actions: including reducing the flow rate of the feed stream delivered to membrane 102 (see Paragraphs [0056-58]), considered to be consistent with “adjust one or more parameters (feed flow rate to membrane) of the system in response to the difference between the concentration of dye in the permeate and the concentration of the setpoint”, which is in indirect proportion to the membrane efficiency threshold setpoint value, wherein a setpoint dye concentration is calculated from the desired membrane efficiency.
With respect to claims 1 and 40, Yoon teaches a method for continuous processing of particles (see Paragraph [0034]), the method comprising:
receiving a liquid at an apparatus according to claim 1 (see Paragraphs [0023, 0024, 0026-0030]) comprising a separation membrane 102 embodied as a reverse osmosis membrane; a module (“membrane holder”) including outlets for permeate stream 116 and concentrate stream 118 (“outputs”) (Paragraphs [0023, 0024]), wherein the module is operable to hold the membrane and the module (“membrane holder”) has ports for feed stream 114, permeate stream 116 and concentrate stream 118 (“three or more ports”) (Paragraphs [0029, 0030]); fluorometer 104 and associated valve which are coupled to the permeate stream 116 (“permeate attachments” coupled to output 116 of the membrane) (see Paragraph [0024]);
processing the liquid via the RO membrane module/fluorometer apparatus (see Paragraphs [0023-0030, 0034]);
and monitoring a state of the liquid during processing (Paragraphs [0037, 0038, 0041]).
With respect to claims 1 and 48, Yoon teaches a non-transitory computer readable storage medium having stored thereon instructions executed by one or more processor which cause membrane separation system 100 (see Fig. 1; Paragraphs [0023-0030]) for continuous processing of particles (Paragraph [0034]) to perform operations comprising:
receiving a feed stream 114 (“a liquid”) at an apparatus (according to claim 1) (see Paragraphs [0023, 0024, 0026-0030]) comprising a separation membrane 102 embodied as a reverse osmosis membrane; a module (“membrane holder”) including outlets for permeate stream 116 and concentrate stream 118 (“outputs”) (Paragraphs [0023, 0024]), wherein the module is operable to hold the membrane and the module (“membrane holder”) has ports for feed stream 114, permeate stream 116 and concentrate stream 118 (“three or more ports”) (Paragraphs [0029, 0030]); fluorometer 104 and associated valve which are coupled to the permeate stream 116 (“permeate attachment” coupled to output 116 of the membrane) (see Paragraph [0024]);
processing the liquid via the RO membrane module/fluorometer apparatus (see Paragraphs [0023-0030, 0034]);
and monitoring a state of the liquid during processing (Paragraphs [0037, 0038, 0041]).
Claim Rejections - 35 USC § 103
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.
Claims 10-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al. (U.S. Patent Publication # 2005/0023194) in view of Anditya et al. (U.S. Patent Publication # 2020/0353421), hereinafter “Petersen” and “Anditya” in the rejections below.
With respect to claims 10-12 and 15, Petersen teaches a back pressure regulator valve 318 (“pressure regulator”) comprising at least a portion conduit 400 (“a tube”) which restricts liquid flow to modify the pressure of retentate liquid passing through pressure sensor 604 (see Fig. 7; Paragraphs [0063-0066, 0073]), but does not specifically teach that the back pressure regulator valve 318 (“pressure regulator”) is coupled to a flow meter.
Anditya teaches a retentate stream flow control valve 104 within outlet 108, which is also connected to a flow meter/transmitter (see Paragraph [0047]; Fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to add the flow meter of Anditya to line 400 of Petersen (and therefore the flow meter is coupled to the pressure regulator of Petersen which is back pressure regulator valve 318) in order to measure the flow rate of retentate and to optimize flow of liquid through the membrane system (Paragraph [0047]), a goal shared by Petersen (see Abstract section e) and Paragraph [0065, 0066, 0073]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLARE M PERRIN whose telephone number is (571)270-5952. The examiner can normally be reached 9AM-6PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bob Ramdhanie can be reached at (571) 270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CLARE M. PERRIN/
Primary Examiner
Art Unit 1779
/CLARE M PERRIN/ Primary Examiner, Art Unit 1779 23 January 2026