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 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.
Claims 3 and 16 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.
These claims recite adjusting the relative length of the OARO units, which is unclear from the disclosure. By the direct meaning of the term, adjusting a relative length appears that the OARO have variable lengths which can be adjusted during operation, like they can be shrunk or stretched.
Claim Rejections - 35 USC § 102 and 103
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.
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) 1, 2, 4-12, 14, 15 and 18-19 are is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Wohlert (US 2010/0032377)
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Claims 1, 14: Wohlert teaches an apparatus and method of desalination using reverse osmosis as claimed. Wohlert’s fig. 8 is copied herein for quick reference. This figure is similar to applicant’s figs. 6 A and B, with an additional OARO unit and connections, which are not excluded in the claims.
Unit B (and/or C) can be the first OARO, and has a feed stream 822, a concentrate stream 835, and a diluate stream 830. Diluate stream 830 is mixed with fresh feed stream 806 to the RO unit A. Concentrate of B, 835, is split to feed stream of second OARO unit C and second inlet stream 843 to the second OARO through pressure reducer 842. The diluate of second ORAO, unit C at 848 (or D at 855) is fed to unit B through 818 to 824 (or unit C through 837 and 842) The same structure/process for unit C as well. The final OARO unit D has greater salinity and is depressurized to discharge at 861.
Claims 2, 15: the diluate of unit C at 848 is split to two streams – 820 and 821 at 819, 820 goes as feed to Unit B, 812 into the second inlet of unit B at 824.
Claims 4-6: these are operational and optimization steps not patentable in an apparatus claim.
Claims 7, 18: diluate of the second ORAO, unit C, is mixed with the feed stream into the first OARO, unit B at 817.
Claims 8,12: series arrangement as in applicant’s disclosure and claims.
Claims 9, 10, 19: RO unit A. The feed stream in Unit B is partly concentrate from RO unit A at 816.
Claim 11: diluate of Unit B at 830/831 is mixed with RO feed at 807, which forms the RO concentrate at 814.
Claim(s) 3, 13, 16, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wohlert (US 2010/0032377)
Claims 3, 16 and 17: while applicant’s “adjusting relative length” is unclear, it is well-known in the art that an RO unit can be a series and/or parallel arrangements of several RO membrane elements, and this technique is used for designing the appropriate plant layout for optimal process capabilities. The adjusting the length can be practiced by increasing or decreasing the number of RO elements in the unit – obvious. Wohlert teaches two intermediate units B and C, and a final unit D; and it is obvious that anyone of these can be taken offline to adjust the process.
Optimizing process flow rates or other factors is prima facie obvious as well.
"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)
Claims 13 and 20: while Wohlert is silent on this, replacing the pressure reducers with ERD’s is prima facie obvious, by applicant’s own admission or the prior arts – see applicant’s figures 3A to 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISHNAN S MENON whose telephone number is (571)272-1143. The examiner can normally be reached Flexible, but generally Monday-Friday: 8:00AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vickie Kim can be reached at 5712720579. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISHNAN S MENON/ Primary Examiner, Art Unit 1771
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