Prosecution Insights
Last updated: October 04, 2026
Application No. 18/860,005

WATER TREATMENT FACILITY AND METHOD FOR OPERATING WATER TREATMENT FACILITY

Non-Final OA §103
Filed
Oct 25, 2024
Priority
Apr 26, 2022 — JP 2022-072081 +1 more
Examiner
GURTOWSKI, RICHARD C
Art Unit
Tech Center
Assignee
Kurita Water Industries Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
564 granted / 780 resolved
+12.3% vs TC avg
Strong +38% interview lift
Without
With
+37.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
805
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
47.2%
+7.2% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
31.1%
-8.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 780 resolved cases

Office Action

§103
DETAILED ACTION For this Office action, Claims 1-8 are pending. 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 § 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Heiss, US Pat Pub. 2005/0139530, in view of Osawa et al. (herein referred to as “Osawa”, US Pat Pub. 2012/0298570). Regarding instant Claim 1, Heiss discloses a water treatment facility (Abstract; Figure 1; water purification system), comprising: a first membrane filtration device (Figure 1; Paragraph [0038]; reverse osmosis membrane modules 33); a reservoir tank, in which a portion of permeated water that has permeated through the first membrane filtration device is stored (Figure 1; Paragraph [0038]; tank 35); a circulation flow path, provided between the first membrane device and the reservoir tank, and enabling the permeated water stored in the reservoir tank to circulate between the first membrane filtration device and the reservoir tank (Figure 1; Paragraph [0038]; see pump 36 and flushing route from tank 35 back to RO membrane bank 33); a pump, comprised in the circulation flow path (Figure 1; Paragraph [0038]; pump 36); and a control section, controlling the pump to circulate the permeated water stored in the reservoir tank between the first membrane device and the reservoir tank through the circulation flow path after completion of filtration membrane cleaning (Figure 1; Paragraph [0038]; see ACS/automated control system that controls flushing/cleaning of membranes). However, Heiss is silent on air being introduced to the first membrane filtration device. See, however, that multiple unspecified chemicals are taught for cleaning (Paragraph [0038]). Osawa discloses a filtration apparatus and treatment apparatus in the same field of endeavor as the instant application, as it solves the mutual problem of providing and cleaning a membrane filtration assembly (Abstract; Paragraphs [0075]-[0076]). Osawa further discloses that air can be used as a cleaning fluid to aid in backwashing and dislodging particulate from the membrane filtration assembly (Paragraphs [0075]-[0076]; see air as cleaning fluid). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the control section and the filtration membrane cleaning of the first membrane filtration device by introducing air during said filtration membrane cleaning as taught by Osawa because Osawa discloses air or a combination of air and cleaning fluid may be used to backwash and dislodge particulate from the membrane filtration assembly (Osawa, Paragraphs [0075]-[0076]; Heiss, Paragraph [0038]; see flushing of Heiss that would also introduce permeate to the membrane banks 33). Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. The combined references further disclose wherein the circulation flow path consists of: a first circulation flow path that supplies the permeated water that has permeated through the first membrane filtration device to the reservoir tank (Heiss, Figure 1; Paragraph [0038]; see flow channel that takes permeate from bank 33 to tank 35); and a second circulation flow path that enables supply of the permeated water stored in the reservoir tank to a primary side of the first membrane filtration device (Heiss, Figure 1; Paragraph [0038]; see flow line with pump 36 that takes water in tank 35 back to membrane 33), and the pump comprised in the second circulation flow path (Heiss, Figure 1; Paragraph [0038]; see location of pump 36). Regarding instant Claim 4, Claim 1, upon which Claim 4 is dependent, has been rejected above. The combined references further disclose wherein the first membrane filtration device consists of a plurality of membrane filtration units connected in parallel to each other (Heiss, Figure 1; Paragraph [0038]; see membrane modules 33, since series configuration would come with second bank of membrane modules 39, these would be in parallel configuration), and the circulation flow path is configured to be capable of supplying the permeated water to each of the plurality of membrane filtration units (Heiss, Paragraph [0038]; water would be treated by the entirety of the modules 33 and cleaning would also be provided to said modules 33), and the control section circulates the permeated water in the reservoir tank between any one of the membrane filtration units and the reservoir tank through the circulation flow path (Heiss, Paragraph [0038]; water can flow through any and all membrane modules of 33). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Heiss, US Pat Pub. 2005/0139530, in view of Osawa et al. (herein referred to as “Osawa”, US Pat Pub. 2012/0298570) as applied to claim 1 above, and further in view of Koppenhoefer, US Pat Pub. 2015/0291448. Regarding instant Claim 3, Claim 1, upon which Claim 3 is dependent, has been rejected above. The combined references further disclose wherein the circulation flow path is a closed-type flow path (Heiss, Figure 1; circulation flow path is a closed circuit). However, the references are silent on the reservoir tank being an open-type reservoir tank. Koppenhoefer discloses a reverse osmosis system for supplying purified water in the same field of endeavor as the instant application, as it solves the mutual problem of providing treated water with a membrane filtration assembly (Abstract). Koppenhoefer further discloses a tank with an open configuration that vents to the atmosphere to ensure safe atmospheric pressure within the tank (Paragraph [0014]). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the reservoir tank of Heiss to be an open-type reservoir tank as taught by Koppenhoefer because Koppenhoefer discloses such an open configuration allows the pressure in the tank to remain at atmospheric pressure (Koppenhoefer, Paragraph [0014]). Claims 5, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Heiss, US Pat Pub. 2005/0139530, in view of Gould et al. (herein referred to as “Gould”, US 5651877) and Osawa et al. (herein referred to as “Osawa”, US Pat Pub. 2012/0298570). Regarding instant Claim 5, Heiss discloses a method of operating a water treatment facility (Abstract; Figure 1; method of operating a water treatment system) which comprises a first membrane filtration device (Figure 1; Paragraph [0038]; reverse osmosis membrane modules 33), a second membrane filtration device provided at a stage subsequent to the first membrane filtration device (Figure 1; Paragraphs [0038]-[0040]; membrane bank 39), and a reservoir tank in which a portion of permeated water that has permeated through the first membrane filtration device is stored (Paragraph [0038]; tank 35), the method for operating the water treatment facility comprising: a water passage process of supplying the permeated water filtered by the first membrane filtration device to the second filtration device (Figure 1; Paragraphs [0038]-[0040]; normal operation flowing permeate downstream); and a cleaning process of performing filtration membrane cleaning on the first membrane filtration device (Figure 1; Paragraph [0038]; see cleaning cycle using plurality of chemicals and water from permeate tank 35), and the cleaning process comprising at least a cleaning stage of performing membrane cleaning on the first membrane filtration device (Figure 1; Paragraph [0038]; see cleaning stage using plurality of chemicals), and an air release stage, after the cleaning stage, circulating the permeated water between the first membrane filtration device and the reservoir tank through a circulation flow path while allowing the permeated water to permeate from a primary side of the first membrane filtration device (Figure 1; Paragraph [0038]; see rinsing/flushing stage and multi-stage succession of cleaning, flushing occurs at all times when normal operation is not taking place). However, Heiss is silent on the cleaning process occurring during the water passage process and air being introduced to the first membrane filtration device in the cleaning stage. Gould discloses a lubricating oil dewaxing with membrane separation in the same field of endeavor as the instant application, as it solves the mutual problem of providing liquid treatment with a membrane and cleaning said membrane (Abstract; Figure 1; Col. 6, Lines 7-19). Gould further discloses a cleaning process for the membranes wherein only a portion of the membrane units are cleaned while continuing normal operation of the remaining membranes in order to ensure operation occurs while membranes are being cleaned (Col. 6, Lines 7-19, see parallel membrane bank configuration). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the cleaning process of Heiss to further comprise the cleaning process occurring during the water passage process as taught by Gould because Gould discloses such operation will allow normal operation (i.e., production of permeate) to continue to occur while a portion of the membranes are cleaned (Gould, Col. 6, Lines 7-19). However, the combined references are still silent on air being introduced to the first membrane filtration device. See, however, that multiple unspecified chemicals are taught for cleaning (Paragraph [0038]). Osawa discloses a filtration apparatus and treatment apparatus in the same field of endeavor as the instant application, as it solves the mutual problem of providing and cleaning a membrane filtration assembly (Abstract; Paragraphs [0075]-[0076]). Osawa further discloses that air can be used as a cleaning fluid to aid in backwashing and dislodging particulate from the membrane filtration assembly (Paragraphs [0075]-[0076]; see air as cleaning fluid). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the control section and the filtration membrane cleaning of the first membrane filtration device by introducing air during said filtration membrane cleaning as taught by Osawa because Osawa discloses air or a combination of air and cleaning fluid may be used to backwash and dislodge particulate from the membrane filtration assembly (Osawa, Paragraphs [0075]-[0076]; Heiss, Paragraph [0038]; see flushing of Heiss that would also introduce permeate to the membrane banks 33). Regarding instant Claim 7, Claim 5, upon which Claim 7 is dependent, has been rejected above. The combined references further disclose wherein the first membrane filtration device consists of a plurality of membrane filtration units connected in parallel to each other (Heiss, Figure 1; Paragraph [0038]; see membrane modules 33, since series configuration would come with second bank of membrane modules 39, these would be in parallel configuration), and the circulation flow path is configured to be capable of supplying the permeated water to each of the plurality of membrane filtration units (Heiss, Figure 1; Paragraph [0038]; water would flow through all membrane modules 33), and the cleaning process is performed on a portion of the membrane filtration units among the plurality of membrane filtration units, and the water passage process is performed on the remaining filtration units (Gould, Col. 6, Lines 7-19; normal operation occurs on portion of membranes NOT being cleaned). Regarding instant Claim 8, Claim 7, upon which Claim 8 is dependent, has been rejected above. The combined references further disclose wherein when the cleaning process is performed sequentially for the plurality of membrane filtration units, the water passage process is performed on all of the membrane filtration units between a preceding cleaning process for one membrane filtration unit and a subsequent cleaning process for another filtration unit (Gould, Col. 6, Lines 7-19; Heiss, Paragraph [0038]; normal operation occurs after cleaning process is finished). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Heiss, US Pat Pub. 2005/0139530, in view of Heiss, US Pat Pub. 2005/0139530, in view of Gould et al. (herein referred to as “Gould”, US 5651877) and Osawa et al. (herein referred to as “Osawa”, US Pat Pub. 2012/0298570) as applied to claim 5 above, and further in view of Koppenhoefer, US Pat Pub. 2015/0291448. Regarding instant Claim 6, Claim 5, upon which Claim 6 is dependent, has been rejected above. However, the combined references are silent on the reservoir tank being an open-type reservoir tank. Koppenhoefer discloses a reverse osmosis system for supplying purified water in the same field of endeavor as the instant application, as it solves the mutual problem of providing treated water with a membrane filtration assembly (Abstract). Koppenhoefer further discloses a tank with an open configuration that vents to the atmosphere to ensure safe atmospheric pressure within the tank, wherein the vent degasses any and all air discharged from the first membrane filtration device (Paragraph [0014]). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the reservoir tank of Heiss to be an open-type reservoir tank that would degass any air discharged from the first membrane filtration device as taught by Koppenhoefer because Koppenhoefer discloses such an open configuration allows the pressure in the tank to remain at atmospheric pressure (Koppenhoefer, Paragraph [0014]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 09/15/2026
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Prosecution Timeline

Oct 25, 2024
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+37.7%)
2y 9m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 780 resolved cases by this examiner. Grant probability derived from career allowance rate.

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