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 § 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 12-20 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 2 recites the limitation "the waste water." There is insufficient antecedent basis for this limitation in the claim. It is noted that there is antecedent basis for “the wastewater.”
Claim 18 recites the limitation "the applied pressure." There is insufficient antecedent basis for this limitation in the claim.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moon et al. (US 2024/0278181).
Regarding claim 1, Moon teaches a water purification system comprising: a filter part having a source water area for receiving source water and a purified water area for accommodating purified water generated by filtering at least a portion of the source water of the source water area, and configured to separate and discharge the source water into wastewater (430) and the purified water (440); and a flushing tank (200) configured to receive and store the purified water of the purified water area, and supply the stored purified water to the source water area (connection point at 510), wherein at least a portion of the purified water introduced from the purified water area into the flushing tank, and then supplied from the flushing tank to the source water area is filtered again, discharged from the purified water area, and then reintroduced into the flushing tank (Fig. 1-4 and [0053]-[0084]).
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) 2-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moon et al. (US 2024/0278181) in view of Moon et al. (KR 20170116808 in IDS hereinafter `808).
Regarding claim 2, Moon teaches a wastewater line (430), through which the waste water of the source water area is discharged from the filter; and multiple valves controlling the flow through the system.
Moon fails to teach that the wastewater line is configured such that the wastewater is discharged outside, and a wastewater valve configured to control a flow rate of the wastewater discharged through the wastewater line depending on an opening degree thereof. `808 teaches similar water purification system where unfiltered water/wastewater (211) from a filtering means (200) is provided with a valve (VL 520) in a wastewater line allowing for controlling the flow of wastewater as desired and is capable of providing the wastewater outside (LLW LDL) (Fig. 6). As such, one skilled in the art would have found it obvious to provide a line for the wastewater as taught in `808 in order to allow for the wastewater to be drained or provided elsewhere out of the system if desired. Further, it would have been obvious to include valves in the wastewater line in order to control the flow rates as desired.
It is noted that the specific operation (recovery ratio or openness of the valve) are operational parameters directed to intended use of the apparatus. "[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 3, Moon teaches a water introduction line (line from tank 300 to valve 510), through which the source water is supplied from the water source to the source water area; a water discharge line (lines 440 and 450), through which the purified water of the purified water area is discharged to a source of demand and through which the purified water is discharged to the flushing tank; and a flushing tank discharge line (420), through which the stored purified water of the flushing tank is discharged to the source water area (Figs. 1-4).
Moon teaches that water discharge connecting to tank 200 and then from tank 200 to the discharge endpoint. Moon fails to teach a flushing tank introduction line branched from the water discharge line. Moon teaches in other positions that a three way valve can be employed (510). `808 teaches that after purified water exits the filtering means, the water flows through a water discharge line (LWO) and can moved to a flushing tank via a flushing tank discharge line (line down to 430) or the water can be moved through the system to a discharge point (300). As such, one skilled in the art would have found it obvious to provide a valve provided in the water discharge line having a flushing tank discharge line to the flushing tank instead of directly to the flushing tank as such designs are already known in the art at the time of invention and there would be a reasonable expectation of success in doing so.
Regarding claim 4, Moon teaches a water introduction valve (510) disposed in the water introduction line, in which the water introduction line is disposed on an upstream side of a first connection point connected to the flushing tank discharge line, and configured to selectively block introduction of the source water; a water discharge pump disposed in the water discharge line, in which the flushing tank introduction line is disposed on a downstream side of a second connection point branched from the water discharge line, and configured to selectively block discharge of the purified water to the source of demand; a flushing valve (valve 510 on line 420) disposed in the flushing tank discharge line, and configured to selectively open and close the flushing tank discharge line while being opened and closed (Fig. 1-4). Moon further teaches a pump being located in the water introduction line as claimed ([0027]).
`808 teaches the water discharge line flows being controlled by a valve (shown in Fig. 6). As such, the inclusion of a valve for the various lines in the discharge line would have been included in the modifications to the water discharge line discussed in claim 3 above.
Regarding claims 5-16, as discussed in claim 2 above, the manner of operating the device does not differentiate apparatus claims from the prior art. In this case, all structural elements are taught by modified Moon and the Moon apparatus is capable of being operated as claimed.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moon et al. (US 2024/0278181) in view of Moon et al. (KR 20170116808 in IDS hereinafter `808) as applied to claim 3 above, and further in view of Menon et al. (US 4,978,550).
Regarding claim 17, Moon fails to teach the flushing tank comprising an outer tank and an inner tank whose volume is changeable. Menon teaches that for a water purification system having a filtering unit and water purified by the filtering unit is stored in expandable chambers in a tank in order to store the purified water in desired conditions, such as under pressure (claims 7 and 9). Therefore, it would have been obvious to provide the flushing tank with an outer and expandable inner tank as such holding means for purified water are known in the art and would allow for monitoring and controlling of the pressure of the purified water in the inner expandable tank.
Regarding claim 18, Moon fails to teach the outer tank having a pressure sensor as claimed. Menon teaches that it is beneficial to include a pressure sensor as claimed in order to hold and supply the purified water under pressure (claim 12). It is submitted that while Menon teaches a sensor is used, the exact position of the sensor is never stated. However, as the sensor measures the pressure within the tank, it would have been located somewhere on or in the tank and moving positions while retaining all of the pressure sensors operation would have been an obvious matter of rearrangement of parts. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Allowable Subject Matter
Claims 19-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 1777
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