DETAILED ACTION
Claim Status
Claims 1-18 are rejected.
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) 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Felch et al. (US 2018/0078880) [hereinafter Felch].
With respect to claim 1, Felch discloses a water treatment system 100, as shown in Fig. 1, having: a vessel 107, as shown in Fig. 1; a filter media 160 positioned in the vessel 107, as shown in Fig. 1; a feed steam 170 (feed inlet) positioned in the vessel 107 above the filter media 160, as shown in Fig. 1; a separation device 115 (knockout pot) coupled to the vessel 107 and arranged to collect a gas 140 discharged from the vessel 107, as shown in Fig. 1; a draft tube 112 positioned in the vessel 107 and filled with the filter media 160 (see paragraph 0058); an eductor including a fluid inlet, a fluid suction port, and a fluid outlet directed into the draft tube 112 (see paragraph 0073); a first fluid supply 165 coupled to the fluid inlet to deliver a flow of a first fluid, as shown in Fig. 1; and a conduit 145 arranged to connect the knockout pot 115 to the fluid suction port, as shown in Fig. 1, the eductor operable to draw a portion of the gas into the eductor in response to the flow of the first fluid, the first fluid and the gas forming a backwash mixture that is discharged into the draft tube 112 via the fluid outlet to induce a roll of the filter media 160 during a backwash process (see paragraphs 0054-0055, 0062).
With respect to claims 2 and 11, Felch discloses wherein the filter media 160 includes a walnut shell filter media (see paragraphs 0036, 0041, 0043).
With respect to claim 3, Felch discloses wherein the draft tube 112 is cylindrical and cooperates with the vessel 107 to define a peripheral zone 114 positioned between a side wall of the draft tube 112 and a side wall of the vessel 107, as shown in Fig. 1.
With respect to claim 4, Felch discloses wherein the draft tube 112 comprises one or more side walls that are open at a lowermost end and an uppermost end, as shown in Fig. 3 (see paragraph 0055).
With respect to claim 5, Felch discloses wherein the eductor is positioned below the filter media 160 to deliver the mixture to the lowermost end of the draft tube 112 (see paragraph 0073).
With respect to claim 6, Felch discloses wherein the draft tube 112 is a first draft tube of a plurality of draft tubes positioned in the vessel 107 to form a peripheral zone 114 external to each draft tube of the plurality of draft tubes and internal to the vessel 107 (see paragraphs 0054, 0062-0063).
With respect to claims 7 and 9, Felch discloses wherein the gas includes methane (see paragraph 0025).
With respect to claim 8, Felch discloses a water treatment system 100, as shown in Fig. 1, having: directing a flow of wastewater 170 into a vessel 107 containing a filter media 160 and a draft tube 112 positioned within the vessel 107, as shown in Fig. 1; collecting a gas 140 from the vessel 107 and directing it to a knockout pot 115, as shown in Fig. 1; initiating a backwash process (see paragraph 0061); directing a flow of fluid to an eductor (see paragraph 0073), the eductor coupled to the knockout pot 115 (see paragraph 0073); drawing a portion of the gas into the eductor in response to the flow of fluid (see paragraph 0073); mixing the gas and the flow of fluid within the eductor to produce a backwash mixture (see paragraphs 0073-0074); discharging the backwash mixture into a lowermost end of the draft tube 112 (see paragraph 0073-0074); and inducing a roll of the filter media 160 in response to the flow of the backwash mixture into the draft tube 112 process (see paragraphs 0054-0055, 0062).
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) 10 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Felch (US 2018/0078880).
With respect to claim 10, Felch discloses wherein the draft tube is one of a plurality of draft tubes (see paragraphs 0054, 0062-0063). Felch does not disclose the eductor being one of a plurality of eductors, and wherein the directing a flow of fluid, the drawing step, and the mixing step are repeated for each eductor which is associated with one of the plurality of draft tubes. However, this would have been obvious to one of ordinary skill in the art in order to effectively backwash each draft tube and since to provide a second eductor is considered to be a duplication of parts, and the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. (See In re Harza, 274 F. 2d 669, 124 USPQ 378 (CCPA 1960)).
With respect to claim 12, Felch discloses a water treatment system 100, as shown in Fig. 1, having a vessel 107 including a walnut shell filter media 160 disposed therein (see paragraphs 0036, 0041, 0043); a knockout pot 115 coupled to the vessel 107 and arranged to collect a combustible gas 140 discharged from the vessel 107, as shown in Fig. 1, the knockout pot 115, as shown in Fig. 1; a draft tube 112 having a lowermost end and positioned in the vessel 107, as shown in Fig. 1, the draft tube 112 filled with the walnut shell filter media 160 (see paragraph 0058); an eductor including a fluid inlet, a fluid suction port, and a fluid outlet directed into the lowermost end of the draft tube 112 (see paragraph 0073); a first fluid supply 165 coupled to the fluid inlet to deliver a flow of a first fluid to the eductor (see paragraph 0073); and a conduit 145 arranged to connect the knockout pot 115 to the fluid suction port, the eductor operable to draw a portion of the gas into the eductor in response to the flow of the first fluid (see paragraph 0073), the first fluid and the gas forming a backwash mixture that is discharged into the draft tube 112 via the fluid outlet to induce a roll of the walnut shell filter media 160 (see paragraphs 0054-0055, 0062).
Felch does not disclose a flare arranged to combust the combustible gas; and
to reduce the quantity of combustible gas directed to the flare during a backwash process. However, Felch teaches in the prior art methods, the separated liquid phase is disposed of either by pumping it to an upstream separation step or to a slop tank for disposal, and the separated gas phase, which potentially contains hydrogen sulfide gas and hydrocarbons, is sent to a gas disposal device such as a scrubber or flare (see paragraph 0024). Felch also teaches that in the process 200, mixed liquid and gas is separated into a liquid and a gas, and at least a portion of the separated gas is recycled to the water treatment device (see paragraph 0075). It would have been obvious to one of ordinary skill in the art to provide the knockout pot disclosed by Felch with a flare, as claimed by applicant, in order to further dispose of the excess gas that is not recycled, since Felch states that a portion of the gas is recycled and one or ordinary skill would recognize that there may be excess gas in need of disposal and the use of a flare is common for gas disposal (see paragraph 0024).
With respect to claim 13, Felch discloses wherein the draft tube 112 is centrally located in the vessel 107 and defines a peripheral zone 114 positioned between a side wall of the draft tube 112 and a side wall of the vessel 107, as shown in Figs. 1 and 3.
With respect to claim 14, Felch discloses a baffle positioned in the draft tube 112 (see paragraph 0060).
With respect to claim 15, Felch discloses wherein the baffle comprises a hollow cylinder having an axis substantially co-axial with an axis of the draft tube 112 (see paragraph 0060).
With respect to claim 16, Felch discloses wherein the draft tube 112 is a first draft tube of a plurality of draft tubes positioned in the vessel 107 to form a peripheral zone 114 external to each draft tube of the plurality of draft tubes and internal to the vessel 107 (see paragraphs 0054, 0062-0063).
With respect to claim 17, Felch discloses wherein the gas includes methane (see paragraph 0025).
With respect to claim 18, Felch teaches wherein the first fluid includes wastewater (see paragraph 0044). Felch lacks wastewater at a pressure between 1 bar and 10 bars. However, Felch teaches that the water treatment device 105 may be open to the environment or may be closed to operate under pressure (see paragraph 0044). It would have been obvious to one of ordinary skill in the art to provide the wastewater disclosed by Felch at a pressure between 1 bar and 10 bars, as claimed by applicant, since one of ordinary skill would recognize to choose a desired pressure according to a desired application (see paragraph 0044).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Felch et al. (US 8,747,667) and Felch et al. (US 9,580,335) teach related water treatment apparatuses having walnut shell filter media. Crits et al. (US 2009/0178555) teaches a degassing process in water treatment having an eductor.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at 571-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MADELINE GONZALEZ/Primary Examiner, Art Unit 1773
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