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 1-18 are pending:
Claims 1-18 are rejected.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11,691,902.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-12 of the reference patent ‘902 fall within the scope of claims 1-18 of the instant invention, and therefore claims 1-18 of the instant invention are anticipated by claims 1-12 of the reference patent '902 or obvious over claims 1-12 of the reference patent ‘902.
Regarding claim 1, the patent claims recite a method of reducing total dissolved solids in wastewater (see patent claim 1) comprising:
providing a fluid reservoir containing a portion of wastewater fluid (see patent claim 1);
moving an algal biofilm configured to contain a defined mass of algae through the portion of wastewater fluid in the fluid reservoir (see patent claim 1);
triggering a defense mechanism of the defined mass of algae such that a first amount of an extracellular polymeric substance is produced (see patent claim 1),
wherein triggering comprises exposing the defined mass of algae to a first liquid phase and a second gas phase (see patent claim 1); and
removing a portion of total dissolved solids in the portion of wastewater fluid with the extracellular polymeric substance (see patent claim 1).
Regarding claim 2, the patent claims recite the method of claim 1, wherein the step of triggering is selected from the group consisting of increasing the pH of the algal biofilm, decreasing the pH of the algal biofilm (see patent claim 12), increasing the temperature of the algal biofilm (see patent claim 12), decreasing the temperature of the algal biofilm (see patent claim 12), modulating the temperature of the algal biofilm (see patent claim 12), adjusting an amount of light applied to the algal biofilm (see patent claim 3), adjusting a wavelength of the light applied to the algal biofilm (see patent claim 3), and combinations thereof.
Regarding claim 3, the patent claims recite the method of claim 1, wherein the extracellular polymeric substance comprises proteins and polysaccharides (see patent claim 5).
Regarding claim 4, the patent claims recite the method of claim 1, further comprising an algal growth system, the algal growth system comprising: (a) a vertical reactor configured to retain the algal biofilm (patent claim 6); (b) a shaft, wherein the shaft is associated with and supports the algal biofilm (patent claim 6); and (c) a drive motor, the drive motor being coupled with the shaft such that the algal biofilm is selectively actuated (patent claim 6).
Regarding claim 5, the patent claims recite the method of claim 4, further comprising providing a plurality of algal growth systems to decrease the amount of total dissolved solids in a water system (patent claim 10).
Regarding claim 6, the patent claims recite the method of claim 1, further comprising harvesting the algae from the algal biofilm (see patent claim 7).
Regarding claim 7, the patent claims recite the method of claim 1, further comprising precipitating salts from the portion of wastewater fluid in the fluid reservoir, wherein removing a portion of total dissolved solids in the portion of wastewater fluid further comprises removing at least a portion of precipitated salts (see patent claim 8).
Regarding claim 8, the patent claims recite the method of claim 1, further comprising providing a second amount of extracellular polymeric substance created by the defined mass of algae (see patent claim 1, a first amount of extracellular polymeric substance recited in the patent claims corresponds to a second amount of extracellular polymer substance recited in the instant claims).
Regarding claim 9, the patent claims recite a method of reducing total dissolved solids (see patent claim 9) in wastewater comprising the steps of: providing an algal growth system comprising: (a) a vertical reactor comprising (see patent claim 9); (i) an algal biofilm, the algal biofilm configured to contain a defined mass of algae (see patent claim 9); (ii) a shaft, wherein the shaft is associated with and supports the algal biofilm (see patent claim 9); and (iii) a drive motor, the drive motor being coupled with the shaft such that the algal biofilm is selectively actuated (see patent claim 9); (b) a fluid reservoir, wherein the algal biofilm is configured to pass through the fluid reservoir during operation of the algal growth system, the vertical reactor being positioned at least partially within the fluid reservoir (see patent claim 9); and (c) a portion of wastewater, wherein the portion of wastewater is retained within the fluid reservoir and includes an amount of total dissolved solids (see patent claim 9); rotating the algal biofilm of the algal growth system through the portion of wastewater retained in the fluid reservoir in a first liquid phase (see patent claim 9); rotating the algal biofilm of the algal growth system through a gas in a second gas phase (see patent claim 9), wherein the second gas phase comprises rotating the algal biofilm out of the first liquid phase to expose the algal biofilm to ambient air to affect the defined mass of algae such that a first amount of an extracellular polymeric substance is produced (see patent claim 9); and harvesting the algae from the algal biofilm; and wherein stimulating the production of the extracellular polymeric substance reduces the amount of total dissolved solids in the portion of wastewater (see patent claim 9).
Regarding claim 10, the patent claims recite the method of claim 9, wherein rotation of the algal biofilm of the algal growth system through the gas is a first stressor, and wherein the method further comprises providing a second stressor (see patent claim 9).
Regarding claim 11, the patent claims recite the method of claim 9, further comprising providing a plurality of algal growth systems to decrease the amount of total dissolved solids in a water system (see patent claim 9).
Regarding claim 12, the patent claims recite the method of claim 9, further comprising precipitating salts from the portion of wastewater fluid in the fluid reservoir, wherein removing a portion of total dissolved solids in the portion of wastewater fluid further comprises removing at least a portion of precipitated salts (see patent claim 9).
Regarding claim 13, the patent claims recite a method of reducing total dissolved solids in wastewater (see patent claim 1) comprising: providing a fluid reservoir containing a portion of wastewater fluid (see patent claim 1); moving an algal biofilm configured to contain a defined mass of algae through the portion of wastewater fluid in the fluid reservoir (see patent claims 1 and 12); affecting the defined mass of algae such that a first amount of extracellular polymeric substance is created by the defined mass of algae (see patent claims 1 and 12), wherein the step of affecting comprises exposing the algal biofilm to a first liquid phase and a second gas phase (see patent claims 1 and 12); and removing a portion of total dissolved solids in the portion of the wastewater fluid (see patent claims 1 and 12).
Regarding claim 14, the patent claims recite the method of claim 13, wherein the step of affecting is selected from the group consisting of increasing the pH of the algal biofilm (see patent claim 12), decreasing the pH of the algal biofilm (see patent claim 12), increasing the temperature of the algal biofilm (see patent claim 12), decreasing the temperature of the algal biofilm (see patent claim 12), modulating the temperature of the algal biofilm (see patent claim 12), adjusting an amount of light applied to the algal biofilm (see patent claim 12), adjusting a wavelength of the light applied to the algal biofilm (see patent claim 12), and combinations thereof.
Regarding claim 15, the patent claims recite the method of claim 13, wherein the extracellular polymeric substance comprises proteins and polysaccharides (see patent claim 5).
Regarding claim 16, the patent claims recite the method of claim 13, further comprising an algal growth system, the algal growth system comprising: (a) a vertical reactor configured to retain the algal biofilm (see patent claim 6); (b) a shaft, wherein the shaft is associated with and supports the algal biofilm (see patent claim 6); and (c) a drive motor, the drive motor being coupled with the shaft such that the algal biofilm is selectively actuated (see patent claim 6).
Regarding claim 17, the patent claims recite the method of claim 16, further comprising providing a plurality of algal growth systems to decrease the amount of total dissolved solids in a water system (see patent claim 10).
Regarding claim 18, the patent claims recite the method of claim 13, further comprising harvesting the algae from the algal biofilm (see patent claim 7).
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,054,411.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-18 of the reference patent '411 fall within the scope of claims 1-18 of the instant invention, and therefore claims 1-18 of the instant invention are anticipated by claims 1-18 of the reference patent '411 or obvious over claims 1-18 of the reference patent ‘181.
Regarding claim 1, the patent claims recite a method of reducing total dissolved solids in wastewater (see patent claim 1) comprising:
providing a fluid reservoir containing a portion of wastewater fluid (see patent claim 1);
moving an algal biofilm configured to contain a defined mass of algae through the portion of wastewater fluid in the fluid reservoir (see patent claim 1);
triggering a defense mechanism of the defined mass of algae such that a first amount of an extracellular polymeric substance is produced (see patent claim 1),
wherein triggering comprises exposing the defined mass of algae to a first liquid phase and a second gas phase (see patent claim 1); and
removing a portion of total dissolved solids in the portion of wastewater fluid with the extracellular polymeric substance (see patent claim 1).
Regarding claim 2, the patent claims recite the method of claim 1, wherein the step of triggering is selected from the group consisting of increasing the pH of the algal biofilm, decreasing the pH of the algal biofilm (see patent claim 3), increasing the temperature of the algal biofilm (see patent claim 3), decreasing the temperature of the algal biofilm (see patent claim 3), modulating the temperature of the algal biofilm (see patent claim 12), adjusting an amount of light applied to the algal biofilm (see patent claim 3), adjusting a wavelength of the light applied to the algal biofilm (see patent claim 3), and combinations thereof.
Regarding claim 3, the patent claims recite the method of claim 1, wherein the extracellular polymeric substance comprises proteins and polysaccharides (see patent claim 4).
Regarding claim 4, the patent claims recite the method of claim 1, further comprising an algal growth system, the algal growth system comprising: (a) a vertical reactor configured to retain the algal biofilm (patent claim 5); (b) a shaft, wherein the shaft is associated with and supports the algal biofilm (patent claim 5); and (c) a drive motor, the drive motor being coupled with the shaft such that the algal biofilm is selectively actuated (patent claim 5).
Regarding claim 5, the patent claims recite the method of claim 4, further comprising providing a plurality of algal growth systems to decrease the amount of total dissolved solids in a water system (patent claim 11).
Regarding claim 6, the patent claims recite the method of claim 1, further comprising harvesting the algae from the algal biofilm (see patent claim 6).
Regarding claim 7, the patent claims recite the method of claim 1, further comprising precipitating salts from the portion of wastewater fluid in the fluid reservoir, wherein removing a portion of total dissolved solids in the portion of wastewater fluid further comprises removing at least a portion of precipitated salts (see patent claim 7).
Regarding claim 8, the patent claims recite the method of claim 1, further comprising providing a second amount of extracellular polymeric substance created by the defined mass of algae (see patent claim 8).
Regarding claim 9, the patent claims recite a method of reducing total dissolved solids (see patent claim 9) in wastewater comprising the steps of: providing an algal growth system comprising: (a) a vertical reactor comprising (see patent claim 9); (i) an algal biofilm, the algal biofilm configured to contain a defined mass of algae (see patent claim 9); (ii) a shaft, wherein the shaft is associated with and supports the algal biofilm (see patent claim 9); and (iii) a drive motor, the drive motor being coupled with the shaft such that the algal biofilm is selectively actuated (see patent claim 9); (b) a fluid reservoir, wherein the algal biofilm is configured to pass through the fluid reservoir during operation of the algal growth system, the vertical reactor being positioned at least partially within the fluid reservoir (see patent claim 9); and (c) a portion of wastewater, wherein the portion of wastewater is retained within the fluid reservoir and includes an amount of total dissolved solids (see patent claim 9); rotating the algal biofilm of the algal growth system through the portion of wastewater retained in the fluid reservoir in a first liquid phase (see patent claim 9); rotating the algal biofilm of the algal growth system through a gas in a second gas phase (see patent claim 9), wherein the second gas phase comprises rotating the algal biofilm out of the first liquid phase to expose the algal biofilm to ambient air to affect the defined mass of algae such that a first amount of an extracellular polymeric substance is produced (see patent claim 9); and harvesting the algae from the algal biofilm; and wherein stimulating the production of the extracellular polymeric substance reduces the amount of total dissolved solids in the portion of wastewater (see patent claim 9).
Regarding claim 10, the patent claims recite the method of claim 9, wherein rotation of the algal biofilm of the algal growth system through the gas is a first stressor, and wherein the method further comprises providing a second stressor (see patent claim 10).
Regarding claim 11. The method of claim 9, further comprising providing a plurality of algal growth systems to decrease the amount of total dissolved solids in a water system (see patent claim 11).
Regarding claim 12. The method of claim 9, further comprising precipitating salts from the portion of wastewater fluid in the fluid reservoir, wherein removing a portion of total dissolved solids in the portion of wastewater fluid further comprises removing at least a portion of precipitated salts (see patent claim 12).
Regarding claim 13, the patent claims recite a method of reducing total dissolved solids in wastewater (see patent claim 13) comprising: providing a fluid reservoir containing a portion of wastewater fluid (see patent claim 13); moving an algal biofilm configured to contain a defined mass of algae through the portion of wastewater fluid in the fluid reservoir (see patent claim 13); affecting the defined mass of algae such that a first amount of extracellular polymeric substance is created by the defined mass of algae (implied, see patent claim 13), wherein the step of affecting comprises exposing the algal biofilm to a first liquid phase and a second gas phase (see patent claim 13); and removing a portion of total dissolved solids in the portion of the wastewater fluid (see patent claim 13).
Regarding claim 14, the patent claims recite the method of claim 13, wherein the step of affecting is selected from the group consisting of increasing the pH of the algal biofilm (see patent claim 15), decreasing the pH of the algal biofilm (see patent claim 15), increasing the temperature of the algal biofilm (see patent claim 15), decreasing the temperature of the algal biofilm (see patent claim 15), modulating the temperature of the algal biofilm (see patent claim 15), adjusting an amount of light applied to the algal biofilm (see patent claim 15), adjusting a wavelength of the light applied to the algal biofilm (see patent claim 15), and combinations thereof.
Regarding claim 15, the patent claims recite the method of claim 13, wherein the extracellular polymeric substance comprises proteins and polysaccharides (see patent claim 16).
Regarding claim 16, the patent claims recite the method of claim 13, further comprising an algal growth system, the algal growth system comprising: (a) a vertical reactor configured to retain the algal biofilm (see patent claim 17); (b) a shaft, wherein the shaft is associated with and supports the algal biofilm (see patent claim 17); and (c) a drive motor, the drive motor being coupled with the shaft such that the algal biofilm is selectively actuated (see patent claim 17).
Regarding claim 17, the patent claims recite the method of claim 16, further comprising providing a plurality of algal growth systems to decrease the amount of total dissolved solids in a water system (see patent claim 11).
Regarding claim 18, the patent claims recite the method of claim 13, further comprising harvesting the algae from the algal biofilm (see patent claim 18).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 8 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kuehnle et. al (US 2016/0039693) in view of Gross (US 2014/0273171).
Regarding claims 1 and 13, Kuehnle teaches a method of reducing total dissolved solids in wastewater comprising: providing a fluid reservoir (wastewater basin, see Fig. 1 and ¶34) containing a portion of wastewater fluid; moving an algal biofilm configured to contain a defined mass of algae through the portion of wastewater fluid in the fluid reservoir (the biofilters are continuously agitated and aerated through the mixing in the basin, see ¶205); triggering a defense mechanism of the defined mass of algae such that a first amount of an extracellular polymeric substance is produced (CO2 addition promotes microbial growth therefore will simulate production of EPS since microbes synthesize EPS, see ¶34 and ¶123; the microorganisms inherently contain or produce a first amount of EPS because microbes synthesize EPS);…; and removing a portion of total dissolved solids in the portion of wastewater fluid with the extracellular polymeric substance (solids removal, see Fig. 1 and ¶34; the biologics (which are recycled back) are removed with the solids; EPS are derivatives of biologics, see Fig. 1, 34 and ¶80); affecting the defined mass of algae such that a first amount of extracellular polymeric substance is created by the defined mass of algae (CO2 addition promotes microbial growth therefore will simulate production of EPS since microbes synthesize EPS, see ¶34 and ¶123; the microorganisms inherently contain or produce a first amount of EPS because microbes synthesize EPS)…
Kuehnle does not teach that triggering step comprises exposing the defined mass of algae to a first liquid phase and a second gas phase nor teaches that the step of affecting comprises exposing the algal biofilm to a first liquid phase and a second gas phase.
In a related field of endeavor, Gross teaches a revolving algal biofilm and photobioreactor (see Entire Abstract) using both a liquid (nutrient-rich liquid phase, see ¶15) and gas phases (carbon dioxide gaseous phase, see ¶15) together.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Kuehnle by having both a liquid and gas phase at the same time as disclosed by Gross because it is applying a known technique of adding a liquid and gas phase together to a known method of wastewater treatment obviously resulting in facilitating the growth of algae with an expectation of success. Applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP §2143, D.).
Regarding claims 2 and 14, Kuehnle and Gross teach the method of claim 1, wherein the step of triggering is selected from the group consisting of increasing the pH of the algal biofilm (Kuehnle, CO2 regulates pH, see ¶30), decreasing the pH of the algal biofilm (Kuehnle, CO2 regulates pH, see ¶30)…
Regarding claims 3 and 15, Kuehnle and Gross teach the method of claim 1, wherein the extracellular polymeric substance comprises proteins (polymeric exopolysaccharides in Kuehnle inherently comprise proteins by evidence of Alper, see ¶3) and polysaccharides (Kuehnle, exopolysaccharides, see ¶123).
Regarding claims 4 and 16, Kuehnle and Gross teach the method of claim 1.
Kuehnle does not teach an algal growth system, the algal growth system comprising: (a) a vertical reactor configured to retain the algal biofilm; (b) a shaft, wherein the shaft is associated with and supports the algal biofilm; and (c) a drive motor, the drive motor being coupled with the shaft such that the algal biofilm is selectively actuated.
In a related field of endeavor, Gross teaches a revolving algal biofilm and photobioreactor (see Entire Abstract) comprising an algal growth system, the algal growth system comprising: (a) a vertical reactor (“Photobioreactor (RABP) 10”, see ¶22 and Fig. 3) configured to retain the algal biofilm (algal biofilm, see ¶22); (b) a shaft (shafts, see claim 1), wherein the shaft is associated with and supports the algal biofilm (the shafts support the flexible material, the flexible material includes the algal biofilm, see claim 1); and (c) a drive motor (drive motor, see claim 1), the drive motor being coupled with the shaft such that the algal biofilm is selectively actuated (“the drive motor actuates…such that the flexible material is actuated”, see claim 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the basin in the method of Kuehnle to be an as algal growth system of Gross because said system provides a cost-effective method and system for harvesting of algae biomass (Gross, see ¶15) which is desirable for Kuehnle to provide economic conversion of biomass to valuable co-products (Kuehnle, see ¶115).
Regarding claims 5 and 17, Kuehnle and Gross teach the method of claim 4, further comprising providing a plurality of algal growth systems (Kuehnle, the wastewater system may comprise multiple basins in series or parallel, see ¶34) (The combination of Kuehnle and Gross teaches the claimed limitation) to decrease the amount of total dissolved solids in a water system (Kuehnle, algae growth reduces the level of total dissolved solids, see ¶30).
Regarding claims 6 and 18, Kuehnle and Gross teach the method of claim 1.
Kuehnle does not teach the step of harvesting the algae from the algal biofilm.
In a related field of endeavor, Gross teaches a revolving algal biofilm and photobioreactor (see Entire Abstract) comprising harvesting the algae from the algal biofilm (algal growth harvesting system) (see ¶10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Kuehnle by incorporating the algal growth system for harvesting of Gross because said system provides a cost-effective method and system for harvesting of algae biomass (Gross, see ¶15) which is desirable for Kuehnle to provide economic conversion of biomass to valuable co-products (Kuehnle, see ¶115).
Regarding claim 8, Kuehnle and Gross teach the method of claim 1.
With respect to the limitation, “providing a second amount of extracellular polymeric substance created by the defined mass of algae”, the microorganisms/microbes in Kuehnle inherently contain or produce a first amount of EPS because microbes synthesize EPS and during continue synthesizing EPS (with or without added carbon, and with carbon adjustment, see ¶241-242); therefore, after the initial/first amount exists continued synthesis results in a subsequent/second amount of EPS.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kuehnle et. al (US 2016/0039693) in view of Gross (US 2014/0273171) and further in view of Chidambaran (US 2017/0233272) and by evidence of Runyon (USPN 5,227,067).
Regarding claim 7, Kuehnle and Gross teach the method of claim 1.
The combination does not teach precipitating salts from the portion of wastewater fluid in the fluid reservoir, wherein removing a portion of total dissolved solids in the portion of wastewater fluid further comprises removing at least a portion of precipitated salts.
In a related of endeavor, Chidambaran teaches a method and apparatus for selenium removal from high TDS wastewater (see Entire Abstract) comprising precipitating salts (the precipitated salts) (see ¶25) from the portion of wastewater fluid, wherein removing a portion of total dissolved solids in the portion of wastewater fluid further (removing suspended solids from the wastewater) (see ¶33) comprises removing at least a portion of precipitated salts (removing precipitated inorganic salts from the wastewater by filtration) (see ¶33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the fluid reservoir in the method of Kuehnle by incorporating a method to precipitate and remove precipitate salts as taught by Chidambaran because it improves the performances of biological processes (Chidambaran, see ¶25) and because it is known in the art that the process of precipitating salts occurs within a biological treatment system by evidence of Runyon (Runyon, see C6/L27-31).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EKANDRA S. MILLER-CRUZ whose telephone number is (571)270-7849. The examiner can normally be reached M-Th 7 am - 6 pm EST.
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/EKANDRA S. MILLER-CRUZ/Primary Examiner, Art Unit 1773