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 Status
Claims 1-8 are rejected.
Claims 9-10 are withdrawn.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-8, and Species A, as shown in Fig. 2, in the reply filed on August 3, 2026, is acknowledged. The traversal is on the ground(s) that Groups I and II include common technical features in the overlapping features of the multilayer treatment tank, and the Office Action fails to sufficiently establish that the common technical features do not make a contribution over the prior art. This is not found persuasive because the groups and species lack the same or corresponding special technical features, as stated in the previous Office Action.
Accordingly, claims 9-10 are withdrawn from further consideration because they are drawn to non-elected inventions.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Funakoshi et al. (JP09047784A) [hereinafter Funakoshi] [citations are based on English Machine Translation submitted by applicant in IDS filed on February 22, 2024].
With respect to claim 1, Funakoshi discloses an apparatus 10 (multilayer treatment tank), as shown in Fig. 3, having: a nitrification tank 16 (aerobic tank) in an upper layer and a denitrification tank 14 (anoxic tank) in a lower layer, as shown in Fig. 3, the multilayer treatment tank 10 comprising: a pipe 26 (first channel) between the aerobic tank 16 and the anoxic tank 14, as shown in Fig. 3; an ascending line 38 (second channel) between the anoxic tank 14 and a tank 16 different from the anoxic tank 14, as shown in Fig. 3; and an agitator 30 (urging device) configured to urge a fluid, as shown in Fig. 2, and wherein: the first channel 26 and the urging device 30 are located to allow a flow into the anoxic tank 14 from the aerobic tank 16 through the first channel 26 when the urging device 30 is in operation, as shown in Fig. 2, the second channel 38 has an end being open in an upper surface of the anoxic tank 14, as shown in the figure below, and the first channel 26 is defined by a wall with an end extending through the upper surface into the anoxic tank 14, as shown in the figure below.
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With respect to claim 2, Funakoshi discloses wherein: the upper surface of the anoxic tank 14 is sloped, as shown in Figs. 2-3, and the end of the second channel 38 is at an upper end of the sloped upper surface, as shown in Figs. 2-3.
With respect to claim 4, Funakoshi discloses an inlet portion 34 (pit) surrounding a portion of the upper surface of the anoxic tank 14 at which the end of the second channel 38 is open, as shown in Fig. 3; and a pipe line 32 (diffuser tube) connected to the pit 34, as shown in Fig. 3.
With respect to claim 5, Funakoshi discloses wherein the diffuser tube 32 is further connected to a water supply 22, as shown in Fig. 3.
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) 3 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Funakoshi (JP09047784A) in view of Seidl et al. (US 2016/0289107) [hereinafter Seidl].
With respect to claim 3, Funakoshi discloses wherein; the first channel 26 includes a duct extending into the aerobic tank 16, as shown in Figs. 2-3, the aerobic tank 16 has a reference liquid level set, as a liquid level in a normal operation state, as shown in Figs. 2-3. Funakoshi lacks the urging device including a power unit located above the reference liquid level, and an urging unit located below the reference liquid level to urge the fluid when driven with power from the power unit, and the urging unit is accommodated in the duct.
Seidl discloses a primary treatment section 16, as show in Fig. 8, having reactors 80, 82, including a power generation device 98 (power unit) located above a reference liquid level, as shown in Fig. 8, and a mixer 102 (urging unit) located below the reference liquid level, as shown in Fig. 8, which is used for mixing and/or agitating wastewater 40 and bio-carriers 87 (see paragraph 0043). It would have been obvious to one of ordinary skill in the art to replace the agitator disclosed by Funakoshi with the urging device disclosed by Seidl having a power unit outside of the tank and an urging unit inside the tank, in order to be able to control the urging device from outside the tank. Furthermore, it would have been obvious to positioned the urging unit in the duct, as claimed by applicant, since the courts have held that shifting the position of a particular element is unpatentable as long as the operation of the device is not modified (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
With respect to claim 6, Funakoshi discloses wherein: the second channel 38 includes a protruding portion located upward from an upper edge of the aerobic tank 16, as shown in Fig. 3, the protruding portion has an upper surface covered with a nozzle 41 (plate) having an opening, the opening connects with a third channel, as shown in Fig. 3. Funakoshi lacks the third channel including a flowmeter to measure a flow velocity of gas flowing through the third channel.
Seidl teaches the system 10 having a controller 60, as shown in Fig. 1, that may control operation of the system 10 by communicating via wired conduits or wirelessly with sensors, such as flow sensors (flow meter), disposed throughout the system 10 (see paragraph 0033). It would have been obvious to one of ordinary skill in the art to provide the third channel disclosed by Funakoshi with a flowmeter, as taught by Seidl, in order to measure flow velocity through said channel, since one of ordinary skill would recognize to positioned a flowmeter at any location where a flow measurement is desired.
With respect to claim 7, Funakoshi discloses a nozzle 41 disposed inside the protruding portion, as shown in Fig. 3. Funakosi as modified by Seidl lacks the nozzle configured to spray water. Funakoshi teaches an air diffusing nozzle 41 to help direct scum generated in tank 14 to tank 16 (see paragraph 0012 of English Machine Translation of Funakoshi). It would have been obvious to one of ordinary skill in the art to provide the nozzle disclosed by Funakosi as modified by Seidl configured to spray water, as claimed by applicant, since that would be considered an alternative fluid that would do the same function of directing the scum from one tank to another.
With respect to claim 8, Funakoshi lacks a controller configured to obtain; at least one parameter selected from the group consisting of inflow of raw water that is a flow rate of raw water flowing into the anoxic tank, a measured value of raw water being a measured value associated with a water characteristic of the raw water, outflow of treated water that is a flow rate of treated water flowing out of the aerobic tank, a measured value of treated water that is a measured value associated with a characteristic of treated water flowing out of the aerobic tank, a water temperature in the anoxic tank, a water temperature in the aerobic tank, and a flow velocity of a fluid flowing through the second channel, and an amount of outflow gas that is a measured value from the flowmeter, and the controller is configured to perform: an obtaining process for obtaining data sets each comprising the at least one parameter at a time point and the amount of outflow gas at the time point, a data group creating process for creating a data group by accumulating the data sets obtained at a plurality of time points, and a training process for building, based on the data group, a classifier configured to output, in response to the at least one parameter being input, a predicted value of the amount of outflow gas predicted based on the at least one parameter.
Seidl teaches a system 10, as shown in Fig. 1, having a controller configured to control in batch mode and/or continuous mode operations of the system 10 (see paragraph 0033). The controller 10 is configured to obtain at least one parameter such as temperature, flow rate, etc. (see paragraph 0033). The controller 60 transmits an output signal 64 to control the system 10 (e.g., flow adjusting features within the sections 16, 18, and/or 20, temperature, pressure, etc.) based on information received from the sensors associated with the flow adjusting features and/or the operator of the system 10 (see paragraph 0033). It would have been obvious to one of ordinary skill in the art to provide the apparatus disclosed by Funakoshi with a controller as taught by Seidl in order to control operations of the apparatus (see paragraph 0033 of Seidl). Furthermore, it would have been obvious to provide the controller with data group creating process and training process since one of ordinary skill would recognize to program the controller according to a desired application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yatsugi et al. (US 2021/0179462) discloses method and device for treating organic wastewater having aerobic and anoxic tanks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE GONZALEZ whose telephone number is (571)272-5502. The examiner can normally be reached M-F 9-5:30.
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/MADELINE GONZALEZ/Primary Examiner, Art Unit 1773
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