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
Claims 13-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 22JAN2026.
Applicant's election with traverse of Invention I, claims 1-12 and SPECIES A, Figs. 1-20 without traverse in the reply filed on 22JAN2026 is acknowledged. The traversal is on the ground(s) that the difference in the claims is not correct and that there is no undue burden in examination. The argument is persuasive and the examiner has reconsidered the restriction requirement to withdraw the restriction between Inventions I and II. Invention III remains withdrawn.
In view of the above noted partial withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Priority
Benefit of domestic priority having an earliest filing date of 03/12/2020 under 35 U.S.C. 120, 121, or 119e is acknowledged.
Information Disclosure Statement
No Information Disclosure Statement has been filed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2,5-9,11,14-15,17-18 of U.S. Patent No. 11,951,424. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent No. 11,951,424 either anticipate or are not patentably distinct from the claims of the instant application.
instant application
U.S. Patent No. 11,951,424
Claims 1,7
Same as instant claims 1,7 except additionally claiming control valves
Claims 2,8
Same as claims 2,11
Claims 3,9
Same as claims 5,14
Claims 4,10
Same as claims 6,15
Claims 5,11
Same as claims 8,17
Claims 6,12
Similar to claims 9,18, not patentably distinct
Allowable Subject Matter
Claims 1-12 have allowable subject matter over the prior art of record. The prior art neither teaches, suggests, nor makes obvious to one having ordinary skill in the art a sea strainer system, comprising the combination of claimed elements.
DESAI (US 20120000835) discloses a duplex strainer (title, Figs.) comprising two strainers (Figs. 1,2 #210,212), a cross-flow conduit (Figs. 2 #112), outlet conduits (Fig. 2 #214,224), and control valves (Fig. 2 #120,130,140,150).
CHOI (US 9631641) discloses a pump system (title, Figs.) including two strainers (Figs. 1-3 #14,24) and a backflush pump (Fig. 1 #13).
ANDERSON (US 20020008068) discloses an apparatus and method for backwashing fluid filter systems (title, Figs.) including a filtering apparatus (Fig. 1 #10), a backflush pump (Fig. 1 #48), and a variable speed motor drive (par. [0019]).
SHARPE (US 5705065) discloses a sea water strainer (title, Figs.) comprising a housing (Fig. 1 #16) made of transparent material or alternatively a transparent portion or window.
AMARAVADI (US 20170050128) discloses a transverse flow self-cleaning strainer (title, Figs.) including a programmable logic controller (PLC, par. [0028,30]).
BENENSON (US 20040159617) discloses a self-cleaning water filter comprising a plurality of valves for backwashing the filter.
BEN HORIN (US 20210069619) discloses a filtration system having multiple filters and comprising a valving device for reversing the direction of fluid-flow through the filtration-element for backwashing.
OYULVSTAD (NO 20092182) discloses a filter arrangement of two parallel or series backwashable filters.
Telephonic Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIAM A ROYCE whose telephone number is (571)270-0352. The examiner can normally be reached M-F ~11:00~15:00.
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, 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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LIAM A. ROYCE
Primary Examiner
Art Unit 1777
/Liam Royce/ Primary Examiner, Art Unit 1777