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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-10 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2008/0006586 by Axtell (Axtell) in view of U.S Patent Publication 2015/0329391 by Garusi (Garusi).
With respect to claims 1-8, 10, and 13-15, Axtell discloses ([0009], [0027], Figure 1, and claim 1, claim 10-11) a method for generating monochloramine in a water stream by injecting a chlorine source and an ammonium source into the water stream, the method comprising the steps of: measuring the total water flow rate of the water stream ([0027]); based on the total water flow rate, calculating a chlorine feed rate of the chlorine source based on a first sensor sensing total chlorine; based on the total water flow rate, calculating an ammonium feed rate of the ammonium source; injecting the chlorine source into the water stream based on the chlorine feed rate; and injecting the ammonium source into the water stream based on the ammonium feed rate ([0035]). The metering approach involves the adjustment of two variable chemical pump controls, which must be adjusted proportionally to the flow of potable water in the main line. The monochloramine level is tested sufficiently downstream of the chemical addition points to allow for mixing of the ammonia and chlorine. Adjustments to the chemical metering devices may be made automatically to maintain the nitrogen to chlorine feed ratio.
Axtell discloses maintaining the chlorine feed rate and the ammonium feed rate based on a predetermined ratio ([0035]).
Axtell teaches measuring a first flow rate of the chlorine source ([0027]; [0033]; [0035]). Axtell teaches measuring a second flow rate of the ammonium source ([0027]; [0033]; [0035]). Axtell teaches determining whether the first flow rate of the chlorine source is significantly below the chlorine feed rate ([0045]). Axtell teaches automatically stopping feed pumps of the chlorine source and/or the ammonium source if a flow rate is out of range, and re-priming the pumps to re-establish a proper flow rate in response to stopping the feed pumps or in response to determining that the first flow rate is significantly below the chlorine feed rate ([0009]; [0027]; [0045]).
Axtell teaches a monitoring and control system which has a feedback control to the chlorine source ([0045]); it would have been obvious for one of ordinary skill in the art before the effective filing date to tune the amount of chlorine source based on the chlorine feed rate in order to achieve desired sanitation and regulatory levels. It would have been obvious for one of ordinary skill in the art to determine whether the first flow rate of the chlorine source is significantly below the chlorine feed rate in order to ensure proper chlorine addition.
Axtell does not disclose monitoring a free chlorine amount in the water stream by a free chlorine sensor; and limiting a maximum chlorine feed rate by the free chlorine sensor.
Garusi discloses (0080-0092) a similar method producing monochloramine directly in hot water. The control and addition system 11 comprises an electronic control system and a monochloramine reagent feed system. The equipment may be provided with systems to measure redox potential and free chlorine concentration. An ammonium measurement system 12 measures the free ammonium in the main circuit 2 and is electrically connected to the electronic control system of the control and addition system 11. [0081] redox sensors (ORP=oxidation reduction potential), [0082] amperometric probes to detect the concentration of total chlorine, [0083] colorimetric probes to detect the concentration of total chlorine, [0084] amperometric probes to detect the concentration of free chlorine (or excess chlorine), [0085] colorimetric probes to detect the concentration of free chlorine (or excess chlorine).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the Axtell reference and use the redox potential and free/total chlorine/ammonia sensors in the feedback loop, since Garusi discloses it would help provide increased control to the production of monochloramine.
With respect to claim 9, Axtell discloses ([0005]) the species of chloramine is produced when combining ammonia and chlorine. The reference is silent on the predetermined stoichiometric ratio being a stoichiometric ratio of chlorine to ammonium substantially equals to 1:1. Since it is disclosed that the chlorine an ammonia needs to be monitored to produce the desired monochloramine, and the reference discloses the adjustments, finding the ratio is a result effective variable. The adjustment of ratio would provide for adjustment in the ratio of the nitrogen present. Therefore increased ammonia would provide increased nitrogen present making the variable result effective. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the Axtell reference and use a stoichiometric ratio of chlorine to ammonium substantially equals to 1:1, since ratios below 5:1 are known to produce the desired product, it would be within the routine skill of one in the art having ordinary skill to find or discover the optimum or workable ratio.
With respect to claim 16, Axtell discloses ([0009], [0027], Figure 1, and claim 1, claim 10-11) a method for generating monochloramine in a water stream by injecting a chlorine source and an ammonium source into the water stream, the method comprising the steps of: measuring the total water flow rate of the water stream ([0027]); based on the total water flow rate, calculating a chlorine feed rate of the chlorine source based on a first sensor sensing total chlorine; based on the total water flow rate, calculating an ammonium feed rate of the ammonium source; injecting the chlorine source into the water stream based on the chlorine feed rate; and injecting the ammonium source into the water stream based on the ammonium feed rate ([0035]). Axtell teaches the predetermined target monochloramine concentration is at least 1.0 ppm ([0047]-[0048]).
The metering approach involves the adjustment of two variable chemical pump controls, which must be adjusted proportionally to the flow of potable water in the main line. The monochloramine level is tested sufficiently downstream of the chemical addition points to allow for mixing of the ammonia and chlorine. Adjustments to the chemical metering devices may be made automatically to maintain the nitrogen to chlorine feed ratio.
Axtell discloses maintaining the chlorine feed rate and the ammonium feed rate based on a predetermined ratio ([0035]). Axtell teaches maintaining nitrogen to chlorine feed ratio ([0008]-[0009]); it would be obvious to one of ordinary skill in the art to keep the predetermined stoichiometric ratio is 1:1 to efficiently produce monochloramine without waste or production of undesired products. Axtell teaches regulatory guideline require that total chlorine levels cannot exceed specified limits ([0045]); while, Axtell does not explicitly teach the predetermined threshold is 4.0 ppm total chlorine; as the method efficiency and regulatory requirements are variables that can be modified, among others, by adjusting said total chlorine threshold, the precise total chlorine threshold would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed threshold of total chlorine cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the total chlorine threshold of the method of Axtell to obtain the desired balance between the regulatory requirements and the operation efficiency (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Axtell teaches measuring a first flow rate of the chlorine source ([0027]; [0033]; [0035]). Axtell teaches measuring a second flow rate of the ammonium source ([0027]; [0033]; [0035]). Axtell teaches automatically stopping feed pumps of the chlorine source and/or the ammonium source if a flow rate is out of range, and re-priming the pumps to re-establish a proper flow rate in response to stopping the feed pumps ([0009]; [0027]; [0045]).
Axtell does not disclose monitoring a free chlorine amount in the water stream by a free chlorine sensor; and limiting a maximum chlorine feed rate by the free chlorine sensor.
Garusi discloses (0080-0092) a similar method producing monochloramine directly in hot water. The control and addition system 11 comprises an electronic control system and a monochloramine reagent feed system. The equipment may be provided with systems to measure redox potential and free chlorine concentration. An ammonium measurement system 12 measures the free ammonium in the main circuit 2 and is electrically connected to the electronic control system of the control and addition system 11. [0081] redox sensors (ORP=oxidation reduction potential), [0082] amperometric probes to detect the concentration of total chlorine, [0083] colorimetric probes to detect the concentration of total chlorine, [0084] amperometric probes to detect the concentration of free chlorine (or excess chlorine), [0085] colorimetric probes to detect the concentration of free chlorine (or excess chlorine).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the Axtell reference and use the redox potential and free/total chlorine/ammonia sensors in the feedback loop, since Garusi discloses it would help provide increased control to the production of monochloramine.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2008/0006586 by Axtell (Axtell) in view of U.S Patent Publication 2015/0329391 by Garusi (Garusi), as noted above, further in view of Schuk U.S. Patent 3,760,829.
With respect to claim 11, Axtell does not disclose any of the flow measuring devices utilizes an inline magnetic flow meter.
Schuk discloses an automatic control system for the addition of chlorine based on ammonia using a magnetic flow meter to provide continuous measurements of process flow (Column 7 lines 30-33).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the Axtell reference and use the magnet flow meter, since Schuk discloses the known meter would provide the desired process flow measurements.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2008/0006586 by Axtell (Axtell) in view of U.S Patent Publication 2015/0329391 by Garusi (Garusi), as noted above, further in view of U.S. Patent Publication 2016/0029639 by DiMascio (DiMascio).
With respect to claim 12, Axtell does not disclose any of the flow measuring devices utilizes a pressure transducer, which calculates the flow rate by analyzing a changing pressure during a discharge stroke.
DiMascio discloses the use of a pressure transducer to measure such things as flow rate flows including chlorine and ammonia.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the Axtell reference and use the pressure transducer to measure flow meter, since DiMascio discloses the known meter would provide the desired process flow measurements.
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
The 112a rejection is removed in light of claim amendments and arguments.
In regard to the Applicant’s argument Axtell fails to teach “automatically stopping feed pumps of the chlorine source and the ammonium source if the first flow rate or the second flow rate is out of range” or “re-priming the feed pumps to re-establish a proper flow rate in response to stopping the feed pumps”; the feedback control in paragraph [0045] fails to teach stopping both the feed pumps of the chlorine source and ammonium source if either flow rate of chlorine or ammonium is out of range; Axtell provides no disclosure of re-priming the feed pumps in response to stopping the feed pumps as recited in claim 1; the Examiner does not find this persuasive.
The limitation “or is response to determining that the first flow rate is significantly below the chlorine feed rate” is an optional limitation.
Additionally, as noted above: Axtell teaches automatically stopping feed pumps of the chlorine source and/or the ammonium source if a flow rate is out of range, and re-priming the pumps to re-establish a proper flow rate in response to stopping the feed pumps or in response to determining that the first flow rate is significantly below the chlorine feed rate ([0009]; [0027]; [0045]).
Axtell teaches a monitoring and control system which has a feedback control to the chlorine source ([0045]); it would have been obvious for one of ordinary skill in the art before the effective filing date to tune the amount of chlorine source based on the chlorine feed rate in order to achieve desired sanitation and regulatory levels. It would have been obvious for one of ordinary skill in the art to determine whether the first flow rate of the chlorine source is significantly below the chlorine feed rate in order to ensure proper chlorine addition.
Axtell teaches in paragraph [0045] a feedback control and monitoring desired concentrations. Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date to tune the amount of chlorine source based on the chlorine feed rate in order to achieve desired sanitation and regulatory levels. One of ordinary skill in the art would be motivated to stop the feed pumps if the flow rate was too high or at an undesirable level.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KARA M PEO/Primary Examiner, Art Unit 1777