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 .
Specification
The disclosure is objected to because of the following informalities: The cross-reference to related applications should be updated to reflect that the instant application is a continuation in part of U.S. Application No. 17/580,457, filed January 20, 2022, which issued as U.S. Pat. No. 12,281,035.
Appropriate correction is required.
Claim Objections
Claims 58 and 80 are objected to because of the following informalities:
Claim 58 recites “the influent filtered” in line 14 where it appears applicant intended “the filtered effluent” as recited in lines 7 and 10.
Claim 80 recites “the influent. Said diversion…” in line 3 where it appears applicant intended “the influent[[.]], [[S]]said diversion….” Appropriate correction is required.
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 80 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 80 recites the limitation "the effluent side" in line 5. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be considered to recite "[[the]]an effluent side."
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.
Claims 58-74, 76-77 and 79-80 are rejected under 35 U.S.C. 103 as being unpatentable over Paoluccio et al. (US 2008/0073277) in view of Kowalsky (US 2013/0180903).
Per claim 58, Paoluccio discloses a biofilter chamber (Abstract, A storm water treatment device that is installed under the grate of new or existing catch basins, and more commonly referred to as an insert…Activated carbon, microbes and other site specific absorbents can be used in the replaceable slip-on cartridge.) comprising:
one or more outer side walls (11) defining a first chamber (Fig. 1);
a first media filtration bed ([0046] The run-off water 42 flows in the housing 11 through one or more generally horizontal layers of absorber media 22, 23, 24, 25 as best seen in FIG. 4. The absorbent material 24, 25 also acts like a deep bed filter, thereby being capable of capturing a larger volume of sediment, fines and hydrocarbons before plugging up. The filter absorber cartridge 20 includes activated carbon 22, located at the lower portion of the filter absorber cartridge 20, that acts to capture more chemicals and hydrocarbons.) disposed within the first chamber and enclosed by one or more permeable inner side walls (21; [0046] Typically the absorbent layers are disposed in a sock or polyester fabric strainer 21.), the inner side walls being separated from the outer side walls by a void area for receiving an influent (the area adjacent walls 21, Fig. 4);
wherein a permeable collection tube (26) is disposed within the first media filtration bed configured to collect the influent from the first media filtration bed as filtered influent ([0043] The perforated 3'' diameter internal drain tube 26 is concentric with the smaller 2'' diameter drain tube 26 that is fixed to the bottom of the housing 11.); the permeable collection tube, containing within it, a flow riser (14; [0044] The perforated 2'' drain tube 14 is fixed to the housing and is not removed. This allows the 3'' diameter perforated tube 26 within the cartridge 20 to easily slip over the 2'' fixed tube 14.),
said flow riser containing one or more orifices (Figs. 3, 4), with a bottom seal, such that filtered influent entering the permeable collection tube must pass through one or more orifices in the flow riser ([0021] The invention also includes the method for decontamination of runoff water which includes providing a housing having an inside and an outside defined by an open top, closed sides and a closed bottom, an elongated standpipe disposed in the housing with a fluid tight connection to the bottom so that the interior of the standpipe is in fluid communication with the outside of the housing to define an outlet from the standpipe, the standpipe having openings therein allowing fluid communication into the standpipe,),
said permeable collection tube with flow riser protruding through a chamber outlet opening to an outside of the chamber (Fig. 4), the chamber outlet opening configured to receive the influent filtered from the permeable collection tube (Fig. 4; [0021] …the cartridge including at least one of the materials selected from the group consisting of an adsorbent and a filter material whereby liquid flow into the housing will pass through the cartridge into the standpipe and out the outlet.). Paoluccio et al. do not explicitly disclose that the flow riser is a flow control riser.
Kowalsky, also directed to a biofilter chamber (Abstract, The filter structure includes a media bed therewithin and a top portion exposed to atmosphere and defining a planting area. Live vegetative matter within the planting area includes a root system that extends down into the media bed of the filter structure for interaction with water passing through the media bed.), disclose providing a flow riser (316) in the form of a flow control riser ([0072] The tubular member 316 (shown as right circular cylinder, but other shapes being possible) extends upward to and is connected to a float 318 such that water level in the collection space is movable…The lower end of the tube 316 includes a pair of diametrically opposed sidewall openings 322….; [0076] These grooves create a small external pathways through which water can travel once the openings 322 have been exposed, and the flow through such pathways tends to cause the tubular member and float to rotate during outflow conditions, reducing the likelihood that the tubular member will seize up due to frictional forces or the presence of and dirt or media.) in order to, for example, change the water level in a collection space.
Accordingly, it would have been readily obvious for the skilled artisan to modify the chamber of Paoluccio et al. such that it comprises a flow control riser in order to, for example, change the water level in a collection space.
Per claim 59, Paoluccio et al., as modified by Kowalsky, disclose two or more media filtration beds within the first chamber, each media filtration bed having its own surrounding permeable inner side walls, a permeable collection tube disposed within each media filtration bed, said permeable collection tube containing within it, a flow control riser containing one or more orifice in each media bed (see Paoluccio et al. Figs. 8A, 8B; [0090] Such systems can widely vary in size by simply adding more cartridges 20 to the above ground open tanks as shown in FIGS. 8A-8D. It will be understood that the cartridges 20 may be identical to the cartridges 20 used in the first embodiment. This modular approach leads to the economies of scale in the manufacturing process and economies for the user because the necessity for stocking multiple unique parts is minimized.).
Per claim 60, Paoluccio et al. disclose further comprising a high flow bypass mechanism coupled to the permeable collection tube of the first media filtration bed, the high flow bypass mechanism configured to allow the influent to flow around the first media filtration bed(s) to the outlet opening ([0059] The water decontamination in accordance of present invention is an engineered treatment system specifically designed for removing sediment, hydrocarbons and chemicals from the first flush of storm water run-off while allowing simple installation and easy service at low cost. In addition the apparatus is designed to be fail-safe, so when the storm rate increases, beyond the capacity of the cartridge flow rate, the excess water will simply overflow 44 and by-pass the housing 11.).
Per claim 61, Paoluccio et al. do not disclose wherein the first media filtration bed contains live plant material.
Kowalsky disclose wherein the first media filtration bed contains live plant material ([0006] Live plant material is sometimes added to take advantage of its pollutant uptake as well as for aesthetic value.; [0046] Live plant material is sometimes added to take advantage of its pollutant uptake as well as for aesthetic value.; ) in order to, for example, synergistically remove pollutants from the water.
Accordingly, it would have been readily obvious for the skilled artisan to modify the chamber of Paoluccio et al. such that it comprises wherein the first media filtration bed contains live plant material in order to, for example, synergistically remove pollutants from the water.
Per claim 62, Paoluccio et al. disclose wherein the first chamber contains a floor section (Fig. 4, supporting element 28).
Per claim 63, Paoluccio et al. disclose wherein the permeable collection tube outlets through the floor section (Fig. 4).
Per claim 64, Paoluccio et al. disclose further comprising a second chamber coupled to the permeable collection tube, the second chamber being positioned below the first chamber (Fig. 1, the area as circled below).
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Per claim 65, Paoluccio et al. disclose wherein the influent enters directly into the void area directly from above the outer side walls ([0043] A truncated conical deflector 29 directs the runoff water 42 into the open top of the housing 11 where sediment and debris can settle. As runoff water 42 flows into the catch basin, the water level in the housing 11 rises and water flows through a filter/absorber cartridge 20.; Fig.4, the water flow arrows).
Per claim 66, Paoluccio et al. disclose the chamber further comprising a permeable cover (30, 36; [0052] Leaf pre-strainers 30 at the grate 36 help keep leaves, grasses and large debris from entry into the housing 11. The leaf pre-strainers 30 have overflow features to allow flow if the strainer 30 becomes plugged. These should be checked and cleaned prior to major rains and after leaf fall.) disposed over the void area (Fig. 1). Paoluccio et al. do not explicitly disclose that the cover is removable.
It is submitted that it would have been readily obvious to make the cover removable in order to, for example, clean the cover to provide routine maintenance or easily replace the cover when damaged.
Per claim 67, Paoluccio et al., as modified by Kowalsky, do not disclose further comprising a removable impermeable cover disposed over the void area.
It is submitted that it would have been a routine matter of design choice to provide a removable impermeable cover disposed over the void area in order to, for example, prevent undesired passage of water through the void area, depending on anticipated water flows and the results desired. Further, the examiner notes that applicant has not provided for the record a proper showing (e.g., comparative test data) of any new and unexpected result derived from using a removable impermeable cover disposed over the void area. Moreover, it has been held that routine matters of design choice do not involve an inventive step. See MPEP 2144.
Per claim 68, Paoluccio et al. disclose wherein the first media filtration bed contains one or more granular filtration media comprises organic, inert, or sorptive substances that provide physical, chemical and biological filtration of contaminated fluid ([0047] The primary absorbent media 25 is made from recycled forest products in a proprietary manner and is safe for the environment. It is a cellulose based sorbent 25 particulate called Absorbent W.TM. and offers the least resistance to flow. The volume of this material is approximately 0.30 cubic feet and is located in the upper portion of the cartridge. This material is manufactured by Absorption Corp. having an address of 1051 Hilton Ave, Bellingham, Wash. 98225. The media 24 is fine fiber polypropylene sorbent.; [0075] Absorbent "W": Particulate/cellulose based sorbents: designed to control hydrocarbons (oil based liquids) while repelling water. Absorbs liquids within fibers. Absorbs hydrocarbon liquids, oily sheens, tramp oils and other oil based liquids while repelling water.; [0076] Polypropylene Oil-Only Sorbents repel water--Fine Fiber absorbs up to 12 times its weight in liquids. Absorbs fuel oil, gasoline, benzene, organic solvents, and other hydrocarbons. This material, approximately 0.4 cubic feet, is located in the middle and lower portion of the cartridge in this preferred embodiment.; [0077] Activated Carbon--Washed to reduce fines. Absorbs a broad range of chemicals and hydrocarbons. This material, at least 2 pounds, shall be located in the lower portion of the cartridge. Note: This material encounters the greatest pollution concentrations during very low flow rates.; [0078] Other absorbent materials and improvements may also be provided. A broad range of microbes 55 and neutralizing chemicals 56 are continually being developed and improved for treating run-off water and many of these can be added for certain applications.).
Per claim 69, wherein the one or more outer side walls comprise an intake opening into the void area ([0080] It is preferred that the apparatus 10 include very low drain rate provisions whereby if the filter/absorber cartridge 20 become plugged the provisions minimize standing water above and below the absorber cartridge. For example, small weep holes 26A are located above the absorber material. In addition, a foam or poly pad under the cartridge allows for slow draining through small holes or openings in the bottom of the housing 11.).
Per claim 70, Paoluccio et al. do not disclose the chamber further comprising an outlet tube disposed horizontally across a lower portion of the first chamber and coupling the permeable collection tube to the outlet opening.
It is submitted that it would have been a routine matter of design choice to modify the chamber of Paoluccio et al. such that it comprises an outlet tube disposed horizontally across a lower portion of the first chamber and coupling the permeable collection tube to the outlet opening in order to, for example, discharge filtered influent. Further, the examiner notes that applicant has not provided for the record a proper showing (e.g., comparative test data) of any new and unexpected result derived from using an outlet tube disposed horizontally across a lower portion of the first chamber and coupling the permeable collection tube to the outlet opening. Moreover, it has been held that routine matters of design choice do not involve an inventive step. See MPEP 2144.
Per claim 71, wherein the permeable collection tube extends from a top portion of the filtration media bed to a lower portion of the filtration media bed (Fig. 4).
Per claim 72, Paoluccio et al. do not disclose wherein the permeable collection tube further comprises an orifice disposed between the permeable collection tube and an outlet tube coupled to the outlet opening, the orifice having a lower flow rate than the first media filtration bed.
Kowalsky discloses wherein the permeable collection tube further comprises an orifice disposed between the permeable collection tube and an outlet tube coupled to the outlet opening, the orifice having a lower flow rate than the first media filtration bed ([0048] However, in one implementation, water begins to flow horizontally through the filtration bed toward the center collection space which is controlled by a float valve (see FIG. 3). Only a trickle flow is allowed to pass through the system until a major portion of the media surface is submerged. Once the water level reaches the activation elevation the valve lifts and allows the full design flow to be reached. The hydraulic conductivity of the media is much greater than the design flow rate, which is governed by an orifice restrictor disc. This intentional reduction in the treatment capacity increases pollutant removal, increases longevity and minimizes maintenance.;) in order to, for example, reduce flow through the media filtration bed and facilitate increased pollutant removal, increase longevity and minimize maintenance.
Accordingly, it would have been readily obvious for the skilled artisan to modify the chamber of Paoluccio et al. such that it comprises wherein the permeable collection tube further comprises an orifice disposed between the permeable collection tube and an outlet tube coupled to the outlet opening, the orifice having a lower flow rate than the first media filtration bed in order to, for example, reduce flow through the media filtration bed and facilitate increased pollutant removal, increase longevity and minimize maintenance.
Per claim 73, Paoluccio et al. disclose a second chamber coupled to the first chamber (Fig. 8B). Paoluccio et al. do not explicitly disclose the chamber further comprising a second chamber coupled to the first chamber in parallel.
It is submitted that it would have been a routine matter of design choice to provide the second chamber coupled to the first chamber in parallel in order to, for example, increase the volume of water that can be treated simultaneously. Further, the examiner notes that applicant has not provided for the record a proper showing (e.g., comparative test data) of any new and unexpected result derived from using the second chamber coupled to the first chamber in parallel. Moreover, it has been held that routine matters of design choice do not involve an inventive step. See MPEP 2144.
Per claim 74, Paoluccio et al., as modified by Kowalsky, disclose further comprising two or more additional chambers coupled to the first chamber (See Paoluccio et al. Figs. 8B, 8D).
Per claim 75, Paoluccio et al. do not disclose wherein the void area comprises a substantially hollow structural matrix.
It is submitted that it would have been a routine matter of design choice to provide wherein the void area comprises a substantially hollow structural matrix in order to, for example, provide a region for bypass water to pass through.
The examiner notes that by applicant’s own admission the hollow structural matrix has an identical function to a void space (see, for example, in the instant specification, [0107] The function of the hollow structural matrix 270 is identical to the perimeter catch basin 230 created by the spacing between the chamber walls 110 and the internal permeable walls/partitions 250.). Thus, there appears to be no inventive step over the void spacing formed by housing 11 and the basin of Paoluccio et al. as shown in, for example, Fig. 1. Further, the examiner notes that applicant has not provided for the record a proper showing (e.g., comparative test data) of any new and unexpected result derived from using a hollow structural matrix. Moreover, it has been held that routine matters of design choice do not involve an inventive step. See MPEP 2144.
Per claim 76, Paoluccio et al. further comprising a settling chamber (comprising strainer 30; [0052] Leaf pre-strainers 30 at the grate 36 help keep leaves, grasses and large debris from entry into the housing 11. The leaf pre-strainers 30 have overflow features to allow flow if the strainer 30 becomes plugged. These should be checked and cleaned prior to major rains and after leaf fall.) coupled to the first chamber and configured to discharge fluid into the void area as the influent (Fig. 1).
Per claim 77, Paoluccio et al, as modified by Kowalsky, disclose wherein the settling chamber comprises a screening device (See Paoluccio et al. [0052] Leaf pre-strainers 30 at the grate 36 help keep leaves, grasses and large debris from entry into the housing 11. The leaf pre-strainers 30 have overflow features to allow flow if the strainer 30 becomes plugged. These should be checked and cleaned prior to major rains and after leaf fall.).
Per claim 79, Paoluccio et al. disclose further comprising a discharge chamber coupled to the first chamber and configured to accept fluid from the first chamber (Fig. 1, the area as circled below).
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Per claim 80, Paoluccio et al. disclose the biofilter chamber further comprising a diversion chamber (16, 17) coupled upstream to the first chamber Fig. 1) and configured to discharge fluid into the void area as the influent (Fig. 1; [0021] …the cartridge including at least one of the materials selected from the group consisting of an adsorbent and a filter material whereby liquid flow into the housing will pass through the cartridge into the standpipe and out the outlet), including a functional equivalent of a weir to allow flows above the capacity of the first chamber to bypass around said first chamber into the effluent side of the of said diversion chamber (Fig. 1, [0081] Large overflow area between housing and grate allow for a high rate of water flow by-pass during heavy rainfall. Leaf pre-strainers shall be provided for catch basins and side inlet drains.; [0104] Overflow 44--A large overflow 44 area allows for heavy rains to simply by-pass and overflow the housing 11. This area extends above the flange 12 of the housing 11 and the deflector 29.). Paoluccio et al. do not explicitly disclose said diversion chamber equal to in length as the first chamber.
It is submitted that it would have been a routine matter of design choice to provide the diversion chamber such that said diversion chamber equal to in length as the first chamber in order to for example, ensure that the diverted flows bypass the entire length of the biofilter chamber. Further, the examiner notes that applicant has not provided for the record a proper showing (e.g., comparative test data) of any new and unexpected result obtained by said diversion chamber equal to in length as the first chamber. Moreover, it has been held that routine matter of design choice to not involve an inventive step. See MPEP 2144.
Claim 78 is rejected under 35 U.S.C. 103 as being unpatentable over Paoluccio et al. (US 2008/0073277) in view of Kowalsky (US 2013/0180903) as applied above and further in view of Allen, II et al. (US 2009/0255868).
Per claim 78, Paoluccio et al., as modified by Kowalsky, do not disclose further comprising a media filter cartridge chamber coupled to the first chamber, the media filter cartridge chamber having one or more media cartridges positioned upstream of the first chamber and configured to discharge fluid into the void area as the influent.
Allen, II et al., also directed to a biofilter chamber (Abstract, A stormwater filtration system suitable for treatment of stormwater runoff in a developed environment uses a primary treatment bay that includes a filtration bed with live plant matter.), disclose a media filter cartridge chamber (18) coupled to a first chamber (16), the media filter cartridge chamber having one or more media cartridges (42) in order to, for example, handle excess flows ([0035] Preferably, the treatment capacity of the overflow bay is substantially greater than the treatment capacity of the filtration bed bay. For example, the treatment capacity of bay 18 may be at least two times greater than the treatment capacity of bay 16, and more preferably at least two and a half time greater (e.g., three, four or six times greater). In order to accomplish such a result, it is beneficial for the overflow treatment bay to utilize a different type of filtration device (e.g., self-contained filtration units in the form of cartridges) than the filtration bed of bay 16. In one example, the filtration bed bay may be configured to have a treatment flow capacity of between about 12 and 20 gallons per minute, and the overflow treatment bay may be configured to have a treatment flow capacity of between about 40 and 50 gallons per minute.).
It is submitted that it would have been readily obvious to modify the chamber of Paoluccio et al., as modified by Kowalsky, such that it comprises a media filter cartridge chamber coupled to the first chamber, the media filter cartridge chamber having one or more media cartridges positioned upstream of the first chamber and configured to discharge fluid into the void area as the influent in order to, for example, at least provide some filtration of excessive flows prior to passing the flows to a lower capacity biofilter chamber, depending on anticipated hydraulic loading and the results desired. Moreover, it has been held that rearrangement of parts (such as arranging the invention of Allen, II et al. such that the cartridge filter is upstream of the biofilter chamber) is not considered to involve an inventive step. See, for example, MPEP 2144, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED PRINCE whose telephone number is (571)272-1165. The examiner can normally be reached M-F: 0900-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby 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.
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/FRED PRINCE/
Primary Examiner
Art Unit 1779
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