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
Applicant’s election without traverse of claims 1-14 in the reply filed on 8/17/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 5-12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu et al. (CN 111804048 in IDS).
Regarding claim 1, Hu teaches an apparatus comprising a backwash pipeline coupled to a backwash header (11); an inlet configured to receive input water at a head pressure (3); an output water pipeline coupled to a finished water header( 9); a set of media filters (2) coupling the inlet to the output water pipeline and configured to provide filtered output water at the head pressure via the output water pipeline; and a set of multi-position valves (101 102 103 104 601 602 603 604) arranged in pairs, each pair associated with a respective one media filter of the set of media filters, each pair capable of: in a first configuration, couple the respective media filter to the output water pipeline such that water flows in a first direction in each respective media filter; and in a second configuration: decouple the respective media filter from the inlet; and couple the respective media filter to the backwash pipeline such that water flows in a second direction opposite the first direction within the respective media filter (Figs. 1-2 and [0009]-[0039]).
It is noted that the specific operation of the valves is directed to an intended operation and the valves could be controlled manually to achieve the intended use ("[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing 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. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) (The preamble of claim 1 recited that the apparatus was "for mixing flowing developer material" and the body of the claim recited "means for mixing ..., said mixing means being stationary and completely submerged in the developer material." The claim was rejected over a reference which taught all the structural limitations of the claim for the intended use of mixing flowing developer. However, the mixer was only partially submerged in the developer material. The Board held that the amount of submersion is immaterial to the structure of the mixer and thus the claim was properly rejected.).
Regarding claim 2, Hu teaches a filter to waste pipeline (7) as claimed. The system is capable of providing the claimed intended operation and therefore reads on the intended use claim limitations.
Regarding claim 3, Hu teaches that the valves are three way valves ([0009]-[0039]).
Regarding claims 5-6, Hu teaches that different valves associated with the different filters can be opened and closed allowing for cleaning/maintenance and normal filter operations ([0009]-[0039]) and thus has the capability to operate as claimed.
Regarding 7, Hu teaches that the valves are controlled via a PLC and would therefore inherently have an actuator for each of the individual valves.
Regarding claim 8, Hu teaches an apparatus comprising an inlet configured to receive input water from a water source at a flowrate (3); a filtered outlet configured to output filtered water (9); a backwash outlet configured to receive water (11); an array of post filter assemblies (2) positioned downstream of the inlet and upstream of the filtered outlet and the backwash outlet, each post filter assembly of the array of post filter assemblies comprising: a respective post filter (2); a respective first multi-position valve (601 602 603 604) positioned upstream of the respective post filter, the respective first multi-position valve having: a first filtering configuration configured to convey input water from the inlet to the respective post filter; and a first maintenance configuration configured to convey water from the respective post filter to the backwash outlet; and a respective second multi-position valve positioned downstream of the respective post filter, the respective second multi-position valve (101 102 103 104) having: a second filtering configuration configured to convey filtered water from the respective post filter to the filtered outlet; and a second maintenance configuration configured to convey filtered water from at least one post filter of the array of post filter assemblies to the backwash outlet (Figs. 1-2 and [0009]-[0039]). It is noted that the specific operation of the system is not given patentable weight and Hu teaches all claimed structural elements and is capable of operating in the manner claimed.
Regarding claims 12 and 14, Hu teaches that the valves are three way valves capable of providing the flow claimed.
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.
Claim(s) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (CN 111804048 in IDS) in view of Diamond (US 11,925,752).
Regarding claims 4 and 13, Hu teaches that the valves are three way valves but fails to teach that the three way valves are either an L type or a T type three way valve. Diamond teaches that known three way valves would be considered either an L type or a T type depending on the flow pattern desired. As such, one skilled in the art would have found it obvious to provide either of the known and used three way valves in the art with a reasonable expectation of success as it is merely choosing from known and used options at the time of invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER KEYWORTH whose telephone number is (571)270-3479. The examiner can normally be reached 9-5 MT (11-7 ET).
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/PETER KEYWORTH/Primary Examiner, Art Unit 1776
