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 .
Election/Restrictions
Claim 18 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 30, 2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 13-14, and 17 is/are rejected under 35 U.S.C. 102(a1/a2) as being anticipated by Volker et al,. US 2021/0362093 (Volker, IDS).
Regarding claim 1, Volker discloses a membrane filtration system (abstract, fig. 1) comprising:
A plurality of stages (REF 6, 8, see “two-stage RO”, ¶ 0018);
At least one bypass valve (REF 32, ¶ 0023);
A control and regulating unit (see “main controller”, ¶ 0016);
A bypass line for each stage (REF 39 for the first stage, conduit surrounding REF 29 for the second stage);
Each stage comprising at least one pump (REF 12, 14, ¶ 0020), at least one filter membrane (REF 13, 15, ¶ 0022), and a bypass line (REF 39 for the first stage, conduit surrounding REF 29 for the second stage);
The stages being hydraulically connected to one another in sequence by connecting lines (fig. 1);
The at least one bypass valve blocking the respective bypass line in a closed state (¶ 0023); and
The control and regulating unit being configured to control the respective bypass valve (¶ 0023).
Regarding claim 2, Volker discloses a system wherein the control and regulation unit is configured to open the bypass valve associated with the respective stage in an emergency operation with at least one defective stage (¶ 0023).
Regarding claim 3, Volker discloses a system wherein the at least one bypass valve comprises a bypass valve arranged in each bypass line (REF 32 in REF 39 and REF 29 in conduit surrounding REF 29, ¶ 0023).
Regarding claim 4, Volker discloses a system wherein the control and regulation unit is configured to receive sensor data of the membrane filtration system on a signal input side (see conductivity meters “CT 1-3”, flow meters “F 1-3”, and pressure sensors “P 1-4”, fig. 1, ¶ 0006).
Regarding claim 5, elements drawn to the control and regulation unit opening the bypass valve in response to received sensor data represent an intended use by the system without a structural counterpart linking said intended use to the claimed features of the system. Since there is no claimed structural feature, the examiner does not consider claim 5 to further limit the independent claim.
Regarding claim 6, Volker discloses a system comprising at least one pressure sensor (see pressure sensors “P 1-4”, fig. 1) and or at least one volume flow sensor (see flow meters “F 1-3”, fig. 1), wherein the respective sensors are connected to the control and regulation unit on the signal input side for transmission of sensor data (¶ 0006).
Regarding claim 7, Volker discloses a system wherein the at least one volume flow sensor is a volume flow sensor for measuring a permeate flow (see “F3”, fig. 1).
Regarding claim 13, Volker discloses a system wherein the control and regulation unit is configured to apply parameters of the membrane filtration system in an emergency mode (see “in the event of failure of the reverse osmosis system”, ¶ 0023).
Regarding claim 14, Volker discloses a system wherein the parameters are control parameters (¶ 0023).
Regarding claim 17, Volker discloses a system wherein the plurality of stages consists of two stages (REF 6, 8, fig. 1).
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) 8-11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Volker in view of Yencho, US 2009/0084734 (Yencho).
Regarding claim 8, while Volker discloses a system comprising a plurality of electrical components and circuitry (¶ 0016), Volker does not disclose a system comprising an automatic circuit breaker. However, Yencho discloses that it is common to include automatic circuit breakers (REF 563a, fig. 32, ¶ 0287) in water treatment devices (abstract, ¶ 0295).
At the time of invention, it would have been obvious to one having ordinary skill in the art to modify the system of Volker to include an automatic circuit breaker as described in Yencho in order to shut off power during dangerous conditions and/or malfunctions within electrical systems.
Regarding claim 9, while Volker (in view of Yencho) does not disclose the type of connection on the signal input side, it can be envisaged that the connection is either analog or digital via electrical transmission lines, since it is well known to use electrical transmission lines to connect various components of water treatment systems (see Yencho, figs, 32-34a, ¶ 0287, 0295).
Regarding claims 10-11, elements drawn to functions of the control and regulation unit represent an intended use by the system without a structural counterpart linking said intended use to the claimed features of the system. Since there is no claimed structural feature, the examiner does not consider claims 10-11 to further limit the independent claim.
Regarding claim 15, Volker does not disclose the bypass valve being a solenoid valve. However, Yencho discloses that it is common to use solenoid valves in water treatment systems (¶ 0218).
At the time of invention, it would have been obvious to one having ordinary skill in the art to modify the system of Volker to utilize solenoid valves as described in Yencho since it has been shown that such valves are effective in controlling hydraulic/fluidic components.
Claim(s) 12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Volker in view of Kamen et al., US 2010/0192686 (Kamen).
While Volker discloses a system where the control and regulation unit is configured to permanently monitor components of the membrane filtration system which output continuous signals (see conductivity meters “CT 1-3”, flow meters “F 1-3”, and pressure sensors “P 1-4”, fig. 1, ¶ 0006), Volker does not disclose the control and regulation unit configured to test components which do not output continuous signals.
However, Kamen discloses fluidic treatment systems comprising a control unit configured to test components which do not output a continuous signal such as valves, pumps and consumable components (¶ 0469, 0501, 0598).
At the time of invention, it would have been obvious to one having ordinary skill in the art to modify the system of Volker to include component integrity testing as described in Kamen in order to ensure the proper function of the fluidic treatment system.
Regarding claim 16, Kamen further discloses a control and regulation unit performing a valve and/or sensor check in a test mode prior to regular operation (¶ 0469, 0501).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIRK R BASS whose telephone number is (571)270-7370. The examiner can normally be reached 8-4:30 EST Monday-Friday.
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, 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.
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.
DIRK R. BASS
Primary Examiner
Art Unit 1779
/DIRK R BASS/Primary Examiner, Art Unit 1779
Prosecution Insights