DETAILED ACTION
For this Office action, Claims 50-66 are pending. Claims 1-49 are canceled.
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
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 54 and 55 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. Both Claims 54 and 55 recite the limitation “optionally a water reservoir”, which is considered indefinite because the claim language is unclear whether a water reservoir is necessary to read on the claim or not. Claim 55 further requires “the sensor is optionally a pH sensor”, which is indefinite for the same reasons as above. For purposes of this examination, the examiner will assume the optional language is not necessary to read on the claim.
Claim 56 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. Claim 56 recites the limitation “optionally by strong acid addition”, which is considered indefinite because the claim language is unclear whether strong acid addition is necessary to read on the claim or not. For purposes of this examination, the examiner will assume the optional language is not necessary to read on the claim.
Claim 58 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. Claim 58 recites “optionally one or more purification units for comprising one or more of a carbon-based filter and a biological factor, which is considered indefinite because the claim language is unclear whether said one or more purification units are necessary to read on the claim or not. For purposes of this examination, the examiner will assume the optional language is not necessary to read on the claim.
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 50, 52-56 and 64-66 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Midorikawa et al. (herein referred to as “Midorikawa”, US Pat Pub. 2010/0264084).
Regarding instant Claim 50, Midorikawa discloses a water treatment system (Abstract; apparatus for water treatment), the system comprising a tank configured for holding water and live aquatic animals (Figure 3; Paragraph [0307]; pH-adjusting tank 8 which could feasibly hold aquatic animals), a circulation module configured and operable for circulating water present in said tank through a purification unit provided with a solid medium comprising M-HCF, wherein M is a bivalent metal and HCF is hexacyanoferrate (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe).
Regarding instant Claim 52, Claim 50, upon which Claim 52 is dependent, has been rejected above. Midorikawa further discloses wherein the circulating module in a form of an external loop comprising means for flowing water from said tank and through the purification unit and back into the tank, wherein the purification unit is positioned at a point along the external loop extending a tank water outlet and a tank water return inlet (Figure 3; Paragraph [0307]; Paragraph [0308]; see flow paths through column 12, pump 11 and channel 18).
Regarding instant Claim 53, Claim 52, upon which Claim 53 is dependent, has been rejected above. Midorikawa further discloses wherein the external loop comprises at least one additional purification unit (Figure 3; Paragraph [0307]; Paragraph [0311]; Paragraph [0312]; pH adjustment tanks 8 and 33 along with precipitation tank 23).
Regarding instant Claim 54, Claim 50, upon which Claim 54 is dependent, has been rejected above. Midorikawa further discloses wherein the system is a circulating water purification system (Figure 3; Paragraph [0307]; Paragraph [0308]; see flow paths through column 12, pump 11 and channel 18), the system comprising
a tank or a container configured for holding live aquatic animals (Figure 3; Paragraph [0307]; pH-adjusting tank 8 which could feasibly hold aquatic animals),
a purification unit (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe),
at least one sensor (Paragraph [0112]; Paragraph [0183]; Paragraph [0222]; Paragraph [0307]; see pH adjusting tank 8 and mechanism 9 for adding-pH controlling agent, also see respective pH ranges and adjustments, wherein such adjustments would inherently require a sensor or some monitoring system),
a controller (Paragraph [0112]; Paragraph [0183]; Paragraph [0222]; Paragraph [0307]; adjustment mechanism 9),
the purification unit including an adsorbent comprising M-HCF (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe),
wherein the tank or container is in liquid communication with the purification unit to permit flow of water contained in said tank or container into and through the purification unit and to receive treated water existing the purification unit (Figure 3; Paragraph [0307]; Paragraph [0308]; see flow paths through column 12, pump 11 and channel 18);
wherein the at least one sensor is provided in said tank or container and is electrically connected with the controller (Paragraph [0112]; Paragraph [0183]; Paragraph [0222]; Paragraph [0307]; pH readings would be required to determine amount of pH adjustment solution to be dispensed by mechanism 9); the sensor being configured and operable to detect and report to said controller a rise in a concentration of at least one ion type in the water, whereby the controller is configured to initiate circulation of the water through the purification unit (Paragraph [0112]; Paragraph [0183]; Paragraph [0222]; Paragraph [0307]; adjustment to desired pH is necessary before circulation to column 12).
Regarding instant Claim 55, Midorikawa discloses a circulating water purification system (Abstract; Figure 3; apparatus for water treatment; see circulation loops present in Figure 3), the system comprising
a tank or a container configured for holding live aquatic animals (Figure 3; Paragraph [0307]; pH-adjusting tank 8 which could feasibly hold aquatic animals),
a purification unit (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12),
at least one sensor (Paragraph [0112]; Paragraph [0183]; Paragraph [0222]; Paragraph [0307]; see pH adjusting tank 8 and mechanism 9 for adding-pH controlling agent, also see respective pH ranges and adjustments, wherein such adjustments would inherently require a sensor or some monitoring system),
a controller (Paragraph [0112]; Paragraph [0183]; Paragraph [0222]; Paragraph [0307]; adjustment mechanism 9), and
the purification unit including an adsorbent comprising M-HCF, wherein M is a bivalent metal and HCF is hexacyanoferrate (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe),
wherein the tank or container is in liquid communication with the purification unit to permit flow of water contained in said tank or container into and through the purification unit and to receive treated water exiting the purification unit (Figure 3; see fluid lines between tank 8 and column 12); wherein the at least one sensor is provided in said tank or container and is electrically connected with the controller; the sensor being configured and operable to detect and report to said controller a rise in a concentration of ammonium ions in the water (Paragraph [0112]; Paragraph [0183]; Paragraph [0222]; pH adjustment would include ammonium ion concentration, see that pH adjustment unit 9 would be required to know the pH from a sensor),
wherein the controller is configured to initiate circulation of the water through the purification unit, wherein the system is optionally a pH sensor (Paragraph [0112]; Paragraph [0183]; Paragraph [0222]; Paragraph [0307]; see pH adjustment requirements; adjustment to desired pH is necessary before circulation to column 12).
Regarding instant Claim 56, Claim 50, upon which Claim 56 is dependent, has been rejected above. Midorikawa further discloses comprising a pH controller configured and operable to maintain a water neutrality, to thereby shift ammonia present in the system towards ammonium ions, thereby not allowing the nonionic ammonia (NH3) concentration to rise (Paragraph [0295]; Paragraph [0307]; Paragraph [0346]; water is returned to neutrality).
Regarding instant Claim 57, Midorikawa discloses a water purification system (Abstract; apparatus for water treatment) comprising
a purification unit having an inlet and a permeate outlet (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 with associated inlets and outlets);
a circulation conduit configured and operable to communicate water from a water tank through a tank outlet not the purification unit and to communicate the permeate into the water tank through a tank inlet, wherein the inlet and outlet form a recirculation loop (Figure 3; Paragraph [0307]; Paragraph [0308]; see flow paths through column 12, pump 11 and channel 18);
the purification unit including an adsorbent comprising M-HCF, wherein M is a bivalent metal and HCF is hexacyanoferrate (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe).
Regarding instant Claim 58, Midorikawa discloses a water purification system (Abstract; apparatus for water treatment) comprising:
a water tank configured for holding live aquatic animals (Paragraph [0303]; food aeration tank 2, food factory effluent would comprise liquid worthy of holding live aquatic animals);
a first auxiliary container for receiving a volume of water to be treated from said water tank (Figure 3; Paragraph [0307]; pH-adjusting tank 8);
a purification unit or a unit containing M-HCF or a medium comprising same, said unit being provided downstream of the first auxiliary container and in fluid communication with the first auxiliary container for receiving the volume or water from the water tank (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe);
a second auxiliary container provided downstream of the purification unit and in fluid communication with the purification unit and comprising and outlet port arranged to communicate filtered water back into the water tank (Figure 3; Paragraph [0309]; tank 23 with channel back to 32).
Regarding instant Claim 64, Midorikawa discloses a purification unit implementing a medium or matrix comprising M-HCF, wherein M is a bivalent metal and HCF is hexacyanoferrate (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe).
Regarding instant Claim 65, Midorikawa discloses a water tank configured to hold water and live aquatic animals (Figure 3; Paragraph [0307]; pH-adjusting tank 8 which could feasibly hold aquatic animals), said water tank being provided with an auxiliary unit that is configured to be in liquid communication with said water tank and which comprises an adsorbing material, wherein the adsorbing material is M-HCF, wherein M is a bivalent metal and HCF is hexacyanoferrate (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe).
Regarding instant Claim 66, Midorikawa discloses a method for purifying water, or for removing or reducing an amount of at least monovalent cation Cs+ from water, the method comprising containg or flowing said water with or through an adsorbing material of a form M-HCF, wherein M is a bivalent metal and HCF is hexacyanoferrate (Figure 3; Paragraph [0161]; Paragraph [0162]; Paragraph [0196]; Paragraph [0307]; see column 12 which may include HCF and a bivalent metal such as Fe to remove cesium ions).
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.
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.
Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over Midorikawa et al. (herein referred to as “Midorikawa”, US Pat Pub. 2010/0264084) in view of Heiss, US Pat Pub. 2005/0139530.
Regarding instant Claim 51, Claim 50, upon which Claim 51 is dependent, has been rejected above. However, Midorikawa is silent on mounting the system on a vehicle.
Heiss discloses a water purifier and method of making and using the same in the same field of endeavor as the instant application, as it solves the mutual problem of treating water (Abstract). Heiss further discloses a comprehensive water purifier that may be mounted on a vehicle for ease of transport to remote locations (Figures 1-3; Paragraph [0005]; Paragraph [0043]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the system of Midorikawa by placing it on a vehicle as taught by Heiss because Heiss discloses such a mounting allows for ease of transport to remote locations (Heiss, Figures 1-3; Paragraph [0005]; Paragraph [0043]).
Allowable Subject Matter
Claims 59-63 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The chemical formulas with respect to specific structures of M-HCF as outlined in Claims 59-63 are not found in the prior art, especially when considering the scope of independent Claim 50 (upon which Claims 59-63 are dependent).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Elsayed et al. (herein referred to as “Elsayed”, US Pat Pub. 2018/0297864) discloses the use of potassium hexacyanoferrate trihydrate as a ligand in water purification practices (Paragraph [0083]). This reference underscores that, while potassium hexacyanoferrate is a known water purification compound, the compounds listed in Claims 59-63 are not known or disclosed in the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 02/13/2026