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 .
Priority
This application is not claiming priority to any earlier patent documentation.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 03/16/2024, 11/26/2024, and 07/07/2026 has/have been considered by the examiner.
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.
Claim(s) 1-2, 4, 7, 16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downs (WO0051717A1)
Regarding claim 1, Downs discloses a diffuser assembly {Page 6 line 2} comprising: a diffuser mount {Page 6 line 13 re. saddle 16} comprising: a mount-to-pipe connection portion adapted to attach to a pipe; {Page 8 lines 1-3 re. bolt 103 and Figure 9} a plurality of distribution conduits in gaseous communication with the mount-to-pipe connection portion; {Page 8 lines 26-27 re. openings 27A & 27B} and a plurality of curved mount-to-diffuser attachment slots {Page 8 lines 33-34 re. circular wall 30 wherein the circular wall is includes threaded slots which help clamp or attach the membrane within the enclosure} disposed above the plurality of distribution conduits; {Figure 4 re. 30 being above 27A & 27B} and a plurality of disc diffusers, {Page 6 lines 29-30 re. diffusion media 35 & 36 and Figure 1} each occupying a respective one of the plurality of curved mount- to-diffuser attachment slots. {Page 8 lines 30-32 and Figure 5}
Downs is silent to the feature wherein the disc diffusers are attached to a respective one of the plurality of distribution conduits. However, Downs discloses on page 8 lines 26-27 that each of the openings 27A and 27B align with the sections 52A and 52B. One of reasonable skill in the art prior to the effective filing date of the claimed invention would find it obvious Downs teaches the disc diffusers are attached to the distribution conduits given the disc diffuser is attached to the circular wall section 30 of the saddle 16, which contains openings 27A and 27B; distribution pipe 14 is connected to openings 52A and 52B; and the saddle attaches to the distribution pipe. So, while not explicitly stated, the distribution conduits connect to the disc diffusers through the saddle of Downs.
Regarding claim 2, Downs discloses wherein the mount-to-pipe connection portion defines an externally threaded pipe portion. {Page 7 lines 23-24 re. bolt 103 and how it is permitted into an internally threaded port}
Regarding claim 4, Downs discloses wherein the mount-to-pipe connection portion is disposed at a center of the plurality of distribution conduits. {Figure 4 re. threaded portion is in the middle of 27A & 27B}
Regarding claim 7, Downs discloses wherein each of the plurality of disc diffusers comprises: a respective diffuser body; {Page 6 lines 7-8} and a respective diffuser membrane {Pages 6-7 lines 34-1 re. diffusion media 35 & 36} mounted on the respective diffuser body. {Page 6 lines 9-11}
Regarding claim 16, Downs discloses a wastewater treatment system comprising: a pipe; {Page 2 lines 30-34 re. wastewater and air distribution pipe} a diffuser mount {Page 6 line 13 re. saddle 16} comprising: a mount-to-pipe connection portion attached to the pipe; {Page 8 lines 1-3 re. bolt 103 and Figure 9} a plurality of distribution conduits in gaseous communication with the mount-to-pipe connection portion; {Page 8 lines 26-27 re. openings 27A & 27B} and a plurality of curved mount-to-diffuser attachment slots {Page 8 lines 33-34 re. circular wall 30 wherein the circular wall is includes threaded slots which help clamp or attach the membrane within the enclosure} disposed above the plurality of distribution conduits; {Figure 4 re. 30 being above 27A & 27B} and a plurality of disc diffusers, {Page 6 lines 29-30 re. diffusion media 35 & 36 and Figure 1} each occupying a respective one of the plurality of curved mount- to-diffuser attachment slots. {Page 8 lines 30-32 and Figure 5}
Downs is silent to the feature wherein the disc diffusers are attached to a respective one of the plurality of distribution conduits. However, Downs discloses on page 8 lines 26-27 that each of the openings 27A and 27B align with the sections 52A and 52B. One of reasonable skill in the art prior to the effective filing date of the claimed invention would find it obvious Downs teaches the disc diffusers are attached to the distribution conduits given the disc diffuser is attached to the circular wall section 30 of the saddle 16, which contains openings 27A and 27B; distribution pipe 14 is connected to openings 52A and 52B; and the saddle attaches to the distribution pipe. So, while not explicitly stated, the distribution conduits connect to the disc diffusers through the saddle of Downs.
Regarding claim 18, Downs discloses a grommet defining internal threads, {Page 7 lines 22-24 re. hollow core rivets 90} wherein: the pipe defines a hole; {Page 7 line 12 re. air flow path 91} the grommet penetrates the hole; {Page 7 lines 23-25} and the mount-to-pipe connection portion defines an externally threaded pipe portion, which threadedly engages the grommet to attach the mount-to-pipe connection portion to the pipe. {Page 7 lines 23-24 re. bolt 103 and how it is permitted into an internally threaded port}
Regarding claim 19, Downs discloses wherein: the wastewater treatment system is immersed in wastewater; {Page 3 lines 29-30} the pipe provides air; {Page 3 line 30 re. air distribution pipe} and the plurality of disc diffusers release the air into the wastewater as bubbles. {Page 3 lines 6-10}
Regarding claim 20, Downs discloses a second diffuser mount substantially identical to the diffuser mount, {Page 3 lines 30-32 re. the plurality of diffuser assemblies} the second diffuser mount attached to the pipe with a different orientation relative to the pipe than the diffuser mount. {Page 6 line 31 re. other orientations}
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downs (WO0051717A1) in view of Frankel (US20110132847A1).
Regarding claim 3, Downs fails to disclose wherein the mount-to-pipe connection portion defines an unthreaded shaft.
Frankel teaches wherein the mount-to-pipe connection portion defines an unthreaded shaft. {[0010] re. airtight interference fit}
One would be motivated to utilize an interference over the threaded fit taught in Downs, as an interference is better for sealing and leak prevention due to the continuous sealing across the entire surface area of the joint, hence why Frankel describes the fit as an “airtight interference fit”. {Frankel, [0010]}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify Downs with Frankel’s teachings wherein the mount-to-pipe connection portion defines an unthreaded shaft. Doing so would increase the leak prevention capabilities of the connection due to the nature of the interference fit. {Frankel, [0010]}
Claim(s) 5-6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downs (WO0051717A1) in view of Tharp (US20200360873A1).
Regarding claims 5-6, Downs fails to disclose wherein the plurality of distribution conduits are arranged in a cross shape. (Claim 5) Downs fails to disclose wherein the plurality of disc diffusers consists of four disc diffusers arranged in a square in plan view. (Claim 6)
Tharp teaches, wherein the plurality of distribution conduits are arranged in a cross shape. (Claim 5) {[0036] re. fine bubble diffusers in a cross fashion and Figure 2A}. Tharp teaches wherein the plurality of disc diffusers consists of four disc diffusers arranged in a square in plan view. {Figure 2A re. fine bubbler diffusers 50} (Claim 6)
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify Downs with Tharp’s teachings wherein the plurality of distribution conduits are arranged in a cross shape, (Claim 5) and wherein the plurality of disc diffusers consists of four disc diffusers arranged in a square in plan view (Claim 6) as both of these inventions involve aeration diffusers within wastewater treatment processes. Doing so would increase the area of aeration without increasing the mounting or connection points to the air distribution pipe.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downs (WO0051717A1) in view of Haschka (US20060249214A1).
Regarding claims 8-9, Downs fails to disclose wherein each of the plurality of distribution conduits terminates in a respective one of a plurality of output nipples. (Claim 8) Downs fails to disclose wherein each of the plurality of disc diffusers defines a respective input receptacle coupled to a respective one of the plurality of output nipples. (Claim 9)
Regarding claims 8-9, Haschka teaches wherein each of the plurality of distribution conduits terminates in a respective one of a plurality of output nipples. (Claim 8) {[0086] re. conduit 1 and Figure 5A} Haschka teaches wherein each of the plurality of disc diffusers defines a respective input receptacle coupled to a respective one of the plurality of output nipples. (Claim 9) {[0086] re. connection piece 31 and Figure 5A} These connections taught by Haschka provide a reliable connection that can be easily mounted to a conduit, given retrofitting capabilities. {Haschka, [0006]}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify Downs with Haschka’s teachings wherein each of the plurality of distribution conduits terminates in a respective one of a plurality of output nipples; (Claim 8) and wherein each of the plurality of disc diffusers defines a respective input receptacle coupled to a respective one of the plurality of output nipples. (Claim 9) Doing so would increase the reliability and ease of attachment. {Haschka, [0006]}
Claim(s) 11-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downs (WO0051717A1) in view of Casper (US20040124550A1).
Regarding claims 11, 12, 14-15, and 17, Downs fails to disclose a plurality of attachment wedges defining a plurality of curved wedge-to-diffuser attachment slots, the plurality of attachment wedges hold the plurality of disc diffusers against the diffuser mount with the plurality of disc diffusers occupying the plurality of curved wedge-to-diffuser attachment slots. (Claims 11 and 17) Downs fails to disclose wherein each of the plurality of attachment wedges defines a respective pair of the plurality of curved wedge-to-diffuser attachment slots arranged as mirror images to each other. (Claim 12) Downs fails to disclose the diffuser mount defines a plurality of ridges; and the plurality of attachment wedges define a plurality of recesses engaging the plurality of ridges. (Claim 14) Downs fails to disclose the diffuser mount defines a plurality of recesses; and the plurality of attachment wedges define a plurality of ridges engaging the plurality of recesses. (Claim 15)
Casper teaches a plurality of attachment wedges {{[0305] re, wedge 291 and Figure 35} defining a plurality of curved wedge-to-diffuser attachment slots, {[0305] re. support surface 285 and Figure 35} the plurality of attachment wedges hold the plurality of disc diffusers against the diffuser mount {[0305] re. compressing membrane against wall} with the plurality of disc diffusers occupying the plurality of curved wedge-to-diffuser attachment slots. (Claims 11 and 17) {[0305] re. membrane} This connection of Casper does not limit the size and shape of the diffuser membranes, {Casper, [0069]} Casper teaches wherein each of the plurality of attachment wedges defines a respective pair of the plurality of curved wedge-to-diffuser attachment slots arranged as mirror images to each other. (Claim 12) {[0305] re. symmetrical body 280 (in which the wedges sit) and Figure 35 (half of the symmetrical body)} Casper teaches the diffuser mount defines a plurality of ridges; {[0351] re. ridges} and the plurality of attachment wedges define a plurality of recesses engaging the plurality of ridges. (Claim 14) {[0307] re. marginal portion 299} Casper teaches disclose the diffuser mount defines a plurality of recesses; {[0305] re. groove 286} and the plurality of attachment wedges define a plurality of ridges engaging the plurality of recesses. (Claim 15) {[0305] re. wedge 291 against the groove side walls}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify Downs with Casper’s teachings of a plurality of attachment wedges defining a plurality of curved wedge-to-diffuser attachment slots, the plurality of attachment wedges hold the plurality of disc diffusers against the diffuser with the plurality of disc diffusers occupying the plurality of curved wedge-to-diffuser attachment slots; (Claims 1 and 17) wherein each of the plurality of attachment wedges defines a respective pair of the plurality of curved wedge-to-diffuser attachment slots arranged as mirror images to each other; (Claim 12) the diffuser mount defines a plurality of ridges; and the plurality of attachment wedges define a plurality of recesses engaging the plurality of ridges; (Claim 14) the diffuser mount defines a plurality of recesses; and the plurality of attachment wedges define a plurality of ridges engaging the plurality of recesses, (Claim 15) as both inventions appear in the same field of wastewater treatment through diffuser aeration, promoting bacterial treatment. Doing so would increase the compatibility with sizes and shapes of membranes as the attachment wedges can be places around the periphery of a membrane, {Casper, [0069]} opposed to one threaded clamp member that takes the same shape of the membrane disclosed in Downs.
Regarding claim 13, Downs fails to disclose wherein the plurality of attachment wedges are attached to the diffuser mount via snap-fit attachment.
Casper teaches wherein the plurality of attachment wedges are attached to the diffuser mount via snap-fit attachment. {[0312] re. inserts 320}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify Downs with Casper’s teachings of the plurality of attachment wedges are attached to the diffuser mount via snap-fit attachment as both Downs and Casper are wastewater treatment devices utilizing diffusers to increase gas within biological treatment tanks. Doing so would allow for ease of opening and secure reclosure of the connection without the need for permanent attachment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Frankel (US20030192817A1), Winkler (US5378355A), Wood (US3396950A), and Wilson (GB302088A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J ROTONDI whose telephone number is (571)272-2058. The examiner can normally be reached M-F 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at (571)272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CONNOR J ROTONDI/Examiner, Art Unit 1773
/BENJAMIN L LEBRON/Supervisory Patent Examiner, Art Unit 1773
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