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 5-7 in the reply filed on 7/13/2026 is acknowledged.
Claim 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites “primary gas.” It is unclear what primary gas is based on the prior claim limitations as an oxygen-containing gas and a cleaning gas are both recited prior. More specifically, is primary gas referring to the oxygen-containing gas passing through the membrane, the cleaning gas passing through the membrane, or is a gas that is different from either of the gases recited.
Claim 6 also recites “primary gas” and the term is unclear for the same reasons above.
Further, as both claims 5 and 6 recite the term “primary gas,” it is unclear if two references are referring to the same “primary gas” or different “primary gas” as no antecedent basis terms are provided.
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) s 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cote et al. (US 2018/0022625 in IDS) in view of Park et al. (US 2015/0306544).
Regarding claim 5, Cote teaches a method for cleaning biofilm on a gas permeable membrane submerged in a liquid wherein an oxygen containing gas is supplied to said membrane, the method comprising cleaning/scouring the biofilm by discharging cleaning gas/non-process gas from below the gas permeable membrane; measuring oxygen concentration in primary gas that has passed through the gas permeable membrane; and controlling cleaning intensity/frequency/periodic on the biofilm (abstract, [0006]-[0007], [0033], [0047], [0049]).
Cote fails to teach that the intensity of cleaning is controlled based on the measured oxygen concentration. Park teaches that it is known to optimizing the time/frequency/interval of air cleaning of a membrane based on measured values of a parameter directed to the membrane operation (Figs. 1-2 and 6: abstract and [0002]). Cote teaches that the oxygen concentration of a gas passing through the membrane is measured and specific parameters associated with membrane health are determined ([0007] and [0039]) and that scouring gas is used to aid in restoring the biofilm membrane to desired operating parameters (“scour the membranes to remove excess biofilm or to control the thickness of the biofilm” [0033]). As such, one skilled in the art would have found it obvious to provide a method step to optimize the time/interval of the scouring based on measured values of the membrane, such as oxygen, thereby optimizing the scouring to happen when needed rather than at specific intervals which could result in scouring the membrane when the membrane is still operating within desired parameters, or too late when the biofilm has too much buildup.
Regarding claim 6, Cote teaches that the oxygen concentration is monitored to provide data on biofilm health. Park teaches that the membrane health parameter is being monitored throughout the process, which would include before and after the cleaning cycle. Park further teaches that when set values of the measured parameter are above or below a desired value, the process is adjusted accordingly (Figs. 1-2 and 6). As such, one skilled in the art would have found it obvious to provide a method step where the oxygen concentration data that Cote monitors would be used to adjust the interval/frequency of scouring based on measured data before and after cleaning in order to ensure the biofilm and membrane are operating as desired.
Regarding claim 7, it is submitted that the interval recited in Park would be directed to either the frequency of discharging the gas or discharging time as claimed.
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
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