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 Interpretation
Independent claim 1, as well as dependent claims 3, 4, 9, and 12-17 each recite or refer back to positively recited structural limitations accompanied by the manner to operate said limitations with corresponding functional language including recitations of receiving a process fluid which includes first and second components and of microbubble collapse releasing localized energy being to separate such first and second component.
It is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. See Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App & Inter. 1987) that states a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim.”
Thus each of independent claim 1, as well as dependent claims 3, 4, 9, and 12-17 are interpreted, relative to the prior art, on the basis of only the respective, positively recited structural limitations
The following claim interpretations are herein presented to clarify on the record the limitation(s) recited in each of the noted claims:
Independent claim 1 recites “[A] device for filtering debris”; “a distal container configured accommodate the debris filtered at a filtering container”, “device being configured to operatively couple with, or be a portion of, a three- dimensional printing system configured for the three dimensional printing”. It is noted that debris, a filtering container and a three-dimensional printing system are not elements of the claimed device.
Claim 2 recites “the debris is prone to harmfully react with one or more reactive agents present in the ambient atmosphere, when the debris is exposed to the ambient atmosphere without further treatment comprising passivation or insulation”. It is noted that one or more reactive agents and treatment comprising passivation or insulation are not elements of the claimed device.
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.
Claims 1-17 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In independent claim 1, in the preamble, scope and meaning of “plant that operates based on reverse osmosis” and “is designed for use in a dialysis plant” since it is unclear what, if any, structural features of the claimed device correspond to such basis and designed use, respectively, and it is unclear whether or not a soft water supply line and/or a permeate extraction line” are positively recited structural components of the device;
in the “buffer tank” clause, it is unclear whether the heat source and/or heat sink are positively recited structural components of the device;
in the “soft water heat exchanger” clause, it is unclear what the “pump circuit” is connected to and “the soft water supply line” lacks antecedent basis, since the preamble preceding recited the soft water supply line in the alternative, thus optionally present, and in the context of intended use for the device, rather than being a positively recited device component; and,
in the “permeate heat exchanger” clause, it is unclear what the “pump circuit” is connected to and “the permeate extraction line” lacks antecedent basis, since the preamble preceding also recited the permeate extraction line in the alternative, thus optionally present, and in the context of intended use for the device, rather than being a positively recited device component.
In claim 2, recitation of optionally present plural components of “heat source” and “heat sink” is inconsistent with “is a heat pump” (singular).
In claim 3, meaning of “is reversible in a circuit direction” is unclear, it being unclear whether a feature of the heat pump, itself is being recited, or if instead one or more components of a flow circuit enable reversible flow through the heat pump.
In claim 4, “the soft water supply line” and “the permeate extraction line” each lack antecedent basis, since claim 1 preceding recited each of the soft water supply line and the permeate extraction line” in the alternative, thus optionally present, and in the context of intended use for the device, rather than either being a positively recited device component.
In claim 5, “the heat pump” and “plural heat pumps” are inconsistent with each other.
In claim 7, “the soft water supply line” and “the permeate extraction line” each lacks antecedent basis, since claim 1 recited each of the soft water supply line and the permeate extraction line in the alternative, thus optionally present, and in the context of intended use for the device, rather than being positively recited device component(s).
In claim 8, “the respective pump circuit” (singular) lacks antecedent basis, being inconsistent with claim 1 which recites two separate pump circuits (plural).
In claim 9, “the permeate extraction line” lacks antecedent basis, since claim 1 recited the permeate extraction line in the alternative, thus optionally present, and in the context of intended use for the device, rather than being a positively recited device component, and “an additional heater” is inconsistent with claim 1 in that claim 1 lacks recitation of a “heater”, per se.
In claim 12, “the heat source” and “the heat sink” each lack antecedent basis, since claim 1 recited each of the “the heat source” and “the heat sink” in the alternative, thus optionally present, and in the context of intended use for the device, rather than being a positively recited device component
In each of claims 13 and 14, scope and meaning of “a speed of said pump being controlled as a function of a soft water (or “permeate”) temperature measured on the secondary side downstream of the soft water (or “permeate”) heat exchanger, since it is unclear what, if any, structural features of the claimed device correspond to such pump speed control, and measurement of temperature.
In claim 15, scope and meaning of “is configured to heat the permeate to a disinfection temperature and, after disinfection of a line section has been completed, passes the permeate through the permeate heat exchanger and releases any residual heat present to the buffer tank” is unclear, since it is unclear what, if any, structural features of the claimed device correspond to such heating and disinfection.
In claim 16, scope and meaning of “wherein the heat pump is operated as a the heat sink during or after cooling of the permeate” is unclear, since it is unclear what, if any, structural features of the claimed device correspond to such heat pump operation.
In claim 17, scope and meaning of “the device configured for tempering soft water in the soft water supply line and/or permeate in the permeate extraction line” is unclear, since it is unclear what, if any, structural features of the claimed device correspond to such tempering of soft water.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6, 8-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Glaser PGPUBS Document US 2018/0236156 (Glaser) in view of Fabig PGPUBS Document US 2009/0134080 (Fabig).
Referenced paragraph numbers of the Descriptions of the applied PGPUBS Documents are identified with “[ ]” symbols.
For independent claim 1, Glaser discloses: A device for controlling temperature of soft water in a soft water supply line and/or of permeate in a permeate extraction line of a water treatment plant that operates based on reverse osmosis and is designed for use in a dialysis plant [0018 re transferring heat in a controlled manner by providing of a heat exchanger in a primary circuit and a buffer tank to store thermal energy in a water treatment plant based on reverse osmosis and wherein the heat exchanger is integrated into the permeate circuit, details in 0023-0025], , the device comprising:
a buffer tank PT for heat which is coupled in terms of heat flow to a heat source and/or heat sink and receives or contains a fluid heat transfer medium [0042 RE permeate transfer medium, slowly warmed for disinfection purposes, [0025, the buffer tank PT being connected to at least one heat exchanger WT heat source] and [0029 re the buffer tank also optionally being fed with thermal energy heat flow from a solar or geothermal heat source]; and,
a permeate heat exchanger WT connected on a primary side to the buffer tank by a pump circuit (PK including pump P2) for the heat transfer medium, the permeate heat exchanger WT connected on a secondary side to the permeate extraction line (all illustrated in figure 1 and described at [0025] showing the heat exchanger in a circuit for circulating permeate from a reverse osmosis unit).
Claim 1, and claims dependent therefrom, all differ from Glaser, by also requiring a soft water heat exchanger connected on a primary side to the buffer tank by a pump circuit for the fluid heat transfer medium, which is connected on a secondary side to the soft water supply line.
Fabig teaches raw water fed to a reverse osmosis unit 66 which provides permeate which is heated to dialysis units fed by lines 86. Fabig teaches the raw water is treated by an upstream softener [0059 and 0112] in a pretreatment flow circuit from junction 52, which contains a heat exchanger 56 for warming the water so that it functions as a fluid heat transfer medium, which includes a pump 62, thus is a “pump circuit, providing heated fluid to dialysis units 86 as shown in figures 4-6 and described in [0053-0055 and 0059].
Fabig teaches that such softening unit and heat exchanger location enable maintaining disinfection of the reverse osmosis membranes for purifying the supplied water [0055], with the softener reducing hardness and particular level of water fed to the reverse osmosis units, thus facilitating efficient operation of the membranes, the membranes thus requiring less maintenance and being more continuously operating, while providing disinfected, or more fully sterilized water to the entire circulating system.
It would have thus been obvious to one of ordinary skill in the art of providing reverse osmosis treated water to a dialysis plant containing dialysis units, by modifying the Glaser device to include a softener and a soft water heat exchanger connected as instantly claimed, as taught by Fabig, to provide more fully sterilized water to the entire circulating system, and to facilitate more efficient operation of the membranes, the membranes thus requiring less maintenance and being more continuously operating.
For claim 6, Glaser further discloses wherein the soft water heat exchanger and/or the permeate heat exchanger is/are structurally integrated into the buffer tank.
For claim 8, Fabig further teaches to utilize pumps in pump circuits which are variable-speed pumps, by way of being operated by variable frequency controlled motors 64 for the heat transfer medium [0008, 0054]; teaching that such pump mechanism enables providing a required flow rate for the circulating fluid.
It would have been accordingly further obvious to have modified the pump(s) of Glaser to be speed variable pumps, by way of being operated by variable frequency controlled motors, as taught by Fabig, to enable providing the required flow rate for the circulating fluid
For claim 9, Glaser discloses or suggests wherein an additional heater for heating the permeate to a disinfection temperature sufficient for thermal disinfection of subsequent line sections is connected into the permeate extraction line [0039 re second heat exchanger in its own or a shared primary circuit] and [0040-0042 re the permeate being quickly heated up for heat disinfection and heating to a heat disinfection temperature].
For claim 10, Glaser discloses wherein the additional heater is an electric heater [0029 re a solar thermal energy source optionally utilizing a continuous supply of electrical energy].
For claim 11, Glaser further suggests wherein the additional heater is arranged downstream of the permeate heat exchanger with respect to the permeate (figure 1 illustrating such electrically operated solar thermal energy source Q/PT being downstream of the heat exchanger WT, as referred to in [0039], [0039 also teaching the permeate circuit having two or more heat exchangers, thus inherently being in series such that one heat exchanger is downstream of another heat exchanger]) .
For claim 12, Glaser discloses wherein the device is configured to: control heat flow from the heat source to the buffer tank; or
control heat flow from the buffer tank to the heat sink as a function of a temperature of the heat transfer medium measured in the buffer tank [0033-0036 re control of inflow, hence transferred heat to and through the heat exchanger by control of pump P2 based on output from temperature and flow meter sensors].
For claim 13, Glaser and Fabig cumulatively suggest wherein the pump circuit with the soft water heat exchanger has a pump for the heat transfer medium on the primary side, a speed of said pump being controlled as a function of a soft water temperature measured on the secondary side downstream of the soft water heat exchanger.
For claim 14, Glaser and Fabig cumulatively suggest wherein the pump circuit with the permeate heat exchanger has a pump for the heat transfer medium on the primary side, a speed of said pump being controlled as a function of a permeate temperature measured on the secondary side downstream of the permeate heat exchanger (Glaser re temperature sensor for sensing permeate temperature of permeate circuit outlet [0033] and corresponding control of pump P2 [0034], and Fabig at [0008 re control of variable speed motor so as increase or decrease the motor and pump speed as needed]).
For claim 15, Glaser discloses wherein the device is configured to heat the permeate to a disinfection temperature and, after disinfection of a line section has been completed [0032 and 0033 re heating of permeate to a temperature required for heat disinfection] , passes the permeate through the permeate heat exchanger and releases any residual heat present to the buffer tank [0032-0033 re passing of permeate through heat exchanger and buffer storage, thus inherently releasing any residual heat].
Additionally, the MPEP at Section 2114 provides Court Decisions where it has been ruled that functional limitations in apparatus claims and recitations of what a device does, instead of what a device is do not distinguish or make non-obvious apparatus claims if the prior art teaches all of the structural limitations of the claim. The claim language “releases any residual heat present to the buffer tank” constitutes such a functional limitation.
For claim 17, Glaser also discloses a dialysis plant with a water treatment plant operating based on reverse osmosis, the dialysis plant comprising:
the device according to claim 1 (see above discussion of the claim 1 device); and,
a permeate extraction line (Abstract and [0025] re a permeate circuit or “line”),
the device configured for tempering soft water in the soft water supply line and/or permeate in the permeate extraction line [0025 re adjusting thermal energy or heat to temper fluid flowing through the permeate circuit, thus “permeate line”].
Claim 17 differs from Glaser by requiring the dialysis plant to include a soft water supply line.
Fabig at [0059 re utilization of softener and associated “soft water supply line” with achieved benefit of reduced water hardness] .
Fabig teaches that such softening unit and heat exchanger location enable maintaining disinfection of the reverse osmosis membranes for purifying the supplied water [0055], with the softener reducing hardness and particular level of water fed to the reverse osmosis units, thus facilitating efficient operation of the membranes, the membranes thus requiring less maintenance and being more continuously operating, while providing disinfected, or more fully sterilized water to the entire circulating system.
It would have been accordingly obvious to the skilled artisan to have modified the Glaser dialysis plant by including such softener, thus making the feed water line to the reverse osmosis unit a soft water line, as taught by Fabig, to reduce hardness and particular level of water fed to the reverse osmosis units, thus facilitating efficient operation of the reverse osmosis membranes, the membranes thus requiring less maintenance and being more continuously operating, while providing disinfected, or more fully sterilized water to the entire circulating system.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Glaser PGPUBS Document US 2018/0236156 (Glaser) in view of Fabig PGPUBS Document US 2009/0134080 (Fabig), as applied to claims 1, 6, 8-15 and 17 above, and further in view of Ritter PGPUBS Document US 2014/0014580 (Ritter ‘580).
Referenced paragraph numbers of the Descriptions of the applied PGPUBS Documents are identified with “[ ]” symbols.
Claim 2 further differs from the device of Glaser in view of Fabig by requiring wherein the heat source and/or heat sink is a heat pump.
Ritter ‘580 teaches a dialysis unit utilizing a heat pump exchanging thermal energy exchange between a heat reservoir and a dialysis fluid inlet (Abstract and [0015], indicating in [0015 the relatively higher efficiency of heat pumps due to their being a relatively higher thermal energy output relative to energy operating input].
It would have been further obvious to the skilled artisan to have further modified the Fabig device, by employing such heat pumps as being comprised in the disclosed heat exchangers of Glaser or in addition to such disclosed heat exchangers, as taught by Ritter ‘580, so as to generate at least some of the required heat in a relatively higher efficiency manner with a net positive balance of thermal energy output.
For claim 3, Ritter further teaches wherein the heat pump is reversible in a circuit direction [0051-0052 re heat pump 12 being reversible so as to benefit dialysis unit cleaning operations by quickly changing dialysis unit temperatures during rinsing phases of thermal, hot disinfection].
It would have been thus also obvious to have employed such types of reversible heat pump in the Glaser device, to enable quickly changing dialysis unit temperatures during rinsing phases of thermal, hot disinfection
For claim 4, Glaser in view of Fabig cumulative suggest wherein the device is further comprising a control or regulating device that adjusts the circuit direction based on a soft water inlet temperature measured in the soft water supply line upstream of the soft water heat exchanger (Glaser at [0033-0035 re precise temperature sensor output control of heat exchanger WT and associated pump P2; and Fabig at [0059 re utilization of softener and associated “soft water supply line” with achieved benefit of reduced water hardness .
Fabig teaches that such softening unit and heat exchanger location enable maintaining disinfection of the reverse osmosis membranes for purifying the supplied water [0055], with the softener reducing hardness and particular level of water fed to the reverse osmosis units, thus facilitating efficient operation of the membranes, the membranes thus requiring less maintenance and being more continuously operating, while providing disinfected, or more fully sterilized water to the entire circulating system.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Glaser PGPUBS Document US 2018/0236156 (Glaser) in view of Fabig PGPUBS Document US 2009/0134080 (Fabig), as applied to claims 1, 6, 8-15 and 17 above, and further in view of Ritter PGPUBS Document US 2014/0014580 (Ritter ‘580), as applied to claims 2-4 above, and additionally in view of Conry PGPUBS Document US 2023/0145658 (Conry).
Referenced paragraph numbers of the Descriptions of the applied PGPUBS Documents are identified with “[ ]” symbols.
Claim 5 additionally differs by requiring wherein the heat pump comprises a plurality of heat pumps connected in parallel as the heat source and/or heat sink. Conroy teaches the use of heat pumps connected in parallel, so as to provide additional heat pumping for any larger commercial building [0196], and their use in hospitals, thus being analogous to Glasser, Fabig and Ritter ‘580 concerning dialysis plants [0252].
Thus, it would have been additionally obvious to the skilled artisan to have additionally modified the Glaser device, by utilizing heat pumps in parallel, as taught by Conry, so as to provide a larger amount of heat exchange to fluid provided to a large-size dialysis plant having a larger number of dialysis units.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Glaser PGPUBS Document US 2018/0236156 (Glaser) in view of Fabig PGPUBS Document US 2009/0134080 (Fabig), as applied to claims 1, 4, 6, 8-15 and 17 above, and further in view of Ritter et al PGPUBS Document US 2014/0174698 (Ritter ‘698).
Referenced paragraph numbers of the Descriptions of the applied PGPUBS Documents are identified with “[ ]” symbols.
Claim 7, further differs by requiring wherein a bypass line bypassing the soft water heat exchanger is connected into the soft water supply line, and/or wherein a bypass line bypassing the permeate heat exchanger is connected into the permeate extraction line.
Ritter ‘698 teaches to provide a heat exchanger bypass line to bridge a heat exchanger such that the heat exchanger does not heat supplied water for flushing a fluid circulation line for dialysis machine-side circuits at a dialysis center [0030 re bypass line, 0044 re use in dialysis centers].
It would have been further obvious to the skilled artisan to have modified the Glaser device by providing such a bypass line, as taught by Ritter ‘698, in order to accelerate needed cooling of the circulation line through dialysis machine-side circuit units at the end of disinfection cycles, as discussed by Ritter ‘698 at [0030]
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Glaser PGPUBS Document US 2018/0236156 (Glaser) in view of Fabig PGPUBS Document US 2009/0134080 (Fabig), as applied to claims 1, 6, 8-15 and 17 above, and further in view of Conry PGPUBS Document US 2023/0145658 (Conry).
Referenced paragraph numbers of the Descriptions of the applied PGPUBS Documents are identified with “[ ]” symbols.
Claim 16 further differs by requiring wherein the device further comprises a heat pump with a compressor and a fan that acts a heat sink, wherein the heat pump is operated as the heat sink during or after cooling of the permeate.
Conroy teaches use of heat pumps and heat exchange generally for any larger commercial building [0196], and their use in hospitals, thus being analogous to Glasser, Fabig concerning dialysis plants [0252]. Glaser teaches to configure such heat pumps to operate as an external heat sink in a water circulation loop [0197], and to employ such fan and compressor [0215 re compressor 122 and fan coil units 186].
It would have been additionally obvious to have provided such heat pump(s) in the modified Glaser device, as taught by Conroy, in order to enable fine tuning of operation of the heat pump to provide only the required amount of heat exchange, by enabling selective operation or shutting off of the fan coil units of the heat pump as discussed by Conroy at [0215-0216].
Additionally, the MPEP at Section 2114 provides Court Decisions where it has been ruled that functional limitations in apparatus claims and recitations of what a device does, instead of what a device is do not distinguish or make non-obvious apparatus claims if the prior art teaches all of the structural limitations of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Of particular interest , reference(s) teach(es) X
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JWD
08/11/2026
/JOSEPH W DRODGE/Primary Examiner, Art Unit 1773
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