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 .
The present application is being examined under the pre-AIA first to invent provisions.
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.
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.
Claim(s) 1-7 and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Volker (US 20170021308 A1).
Regarding claim 1, Volker teaches a water purification apparatus for producing purified water (Fig 1 ¶[0001]), the water purification apparatus comprising: a tank including at least one fluid level sensor; (Fig 1 9-9.3) a pre-treatment fluid path configured to fluidly couple the tank to a fluid source(Fig 1 1-1a); at least one valve located along the pre-treatment fluid path (Fig 1 5 8 8.1); a feed fluid path fluidly coupled to the tank and configured to receive fluid from the tank (Fig 1 84); a pump located along the feed fluid path for pumping the fluid from the tank (Fig 1 11); a heater fluidly coupled to the feed fluid path and arranged to heat the fluid from the tank to produce heated fluid (Fig 1 20); a recirculation fluid path fluidly coupled to the heater to receive the heated fluid and transport the heated fluid to the tank (Fig 1 28 50); and a control unit configured to control cleaning of the water purification apparatus the control unit being configured to cause the at least one valve to open to cause the tank to fill with the fluid from the fluid source, receive a signal from the at least one fluid level sensor indicative that a fluid level in the tank has reached a predetermined level, cause the at least one valve to close after receiving the signal from the at least one fluid level sensor (Fig 1 8 9.1-9.3 ¶[0071-0073]), and cause the pump to circulate fluid through the feed fluid path (Fig 1 11), the heater, and the recirculation fluid path to heat the fluid to fulfill a temperature dependent disinfection criterion (Fig 1 20 21 ¶[0084]), Volker teaches sensors sending information to valves about fluid level in the tank, in order to open or close the valve, implying a control unit is doing this function. In the alternative it would be obvious of one of ordinary skill in the art to add a control unit do have more precise control of fluid levels in the tank and temperature the heater heats the fluid at, as said functionality is disclosed in Volker.
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Regarding to claim 2, Volker teaches a water purification apparatus of claim 1, wherein the at least one fluid level sensor includes a tank empty level sensor, a low fluid level sensor, and a high fluid level sensor, and wherein the at least one signal is received in the control unit from at least one of the high fluid level sensor or the low fluid level sensor (Fig 1 8 9.1-9.3 ¶[0071-0073]).
Regarding to claim 3, Volker teaches a water purification apparatus of claim 1, wherein the at least one valve includes an inlet valve that is located downstream from a tank valve, and wherein the control unit is configured to cause at least one of the inlet valve or the tank valve to open and close (Fig 1 31a [0084-0085]).
Regarding to claim 3, Volker teaches a water purification apparatus of claim 4, wherein the pretreatment fluid path includes at least one of a particle filter (Fig 1 12 25) an activated carbon filter located between the inlet valve and the tank valve(Fig 1 8 and 31) but Volker fails to teach the filter made of activated carbon however filter made of activated carbon well understood in the art.
Regarding to claim 5, Volker teaches a water purification apparatus of claim 1, a reverse osmosis device fluidly located between the pump and the heater (Fig 1 11 12 20), the reverse osmosis device arranged to produce a purified fluid flow and a reject fluid flow, the reverse osmosis device comprising a feed inlet to receive fluid from the pump (Fig 1 84), a permeate outlet to provide purified fluid to the heater (Fig 1 44), and a reject outlet (Fig 1 13.1).
Regarding to claim 6, Volker teaches a water purification apparatus of claim 5, further comprising a temperature sensor arranged to measure a temperature of the purified fluid (Fig 1 20a 21), wherein the temperature dependent disinfection criterion includes a temperature of the purified fluid being within a range of 65°-95° Celsius.
Regarding to claim limitation “ wherein the temperature dependent disinfection criterion includes a temperature of the purified fluid being within a range of 65°-95° Celsius.” is intended use. If a prior art structure is capable of
performing the intended use as recited, then it meets the limitations of the claim (Inre Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997); MPEP §2111.02 II). Furthermore, Hulme et al (US 20140151297 A1) disclose heating fluid to this temperature ¶[0036].
Regarding to claim 7, Volker teaches a water purification apparatus of claim 6, further comprising a flow sensor arranged to measure a flow rate of the purified fluid (Fig 1 26 24), wherein the temperature dependent disinfection criterion includes the purified fluid obtaining a predetermined temperature dependent flow rate (claim 5).
Regarding to claim 12, Volker teaches a water purification apparatus of claim 1, wherein the predetermined level is set so that there is sufficient fluid to recirculate through the feed fluid path, the recirculation fluid path, and the heater without having to receive additional fluid from the fluid source (Volker Fig 1 9.1).
The low fluid sensors are well understood in the art to communicate to the system that there is enough fluid in the tank in order for the system to work. The system will be damaged as it tries to pull fluid while the tank is below low fluid sensor.
Regarding to claim 13, Volker teaches A water purification method for producing purified water, the water purification method comprising: opening, via a control unit, at least one valve to cause a tank to fill with fluid from a fluid source (Fig 1 8), the at least one valve located along a pre-treatment fluid path that fluidly couples the tank to the fluid source (Fig 1 1 5 8), the tank including at least one fluid level sensor(Fig 1 9-.93); receiving, in the control unit, a signal from the at least one fluid level sensor indicative that a fluid level in the tank has reached a predetermined level (Fig 1 8 9.1-9.3 ¶[0053, 0071-0073]); closing, via the control
However, Volker teaches sensors sending information to valves about fluid level in the tank and mentions use of computers (¶[0031-0032]), in order to open or close the valve, implying a control unit is doing this function. In the alternative it would be obvious of one of ordinary skill in the art to add a control unit as Volker discloses (¶[0031-0032]) do have more precise control of fluid levels in the tanks and temperature of the heater to do the said function as disclosed in Volker and prevent from breakdown.
Regarding to claim 14, Volker teaches a water purification method of claim 13, wherein the at least one fluid level sensor includes a tank empty level sensor, a low fluid level sensor, and a high fluid level sensor, and wherein the at least one signal is received in the control unit from at least one of the high fluid level sensor or the low fluid level sensor (Fig 1 9-9.3 ¶[0071]).
Regarding to claim 15, Volker teaches a water purification method of claim 13, wherein a reverse osmosis device is fluidly located between the pump (Fig 1 11) and the heater (Fig 1 20), the reverse osmosis (Fig 1 12) device arranged to produce a purified fluid flow and a reject fluid flow (Fig 1 13), the reverse osmosis device comprising a feed inlet to receive fluid from the pump, (Fig 1 84) a permeate outlet to provide purified fluid to the heater (Fig 1 20 44), and a reject outlet (Fig 1 13).
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Volker as applied to claim 1 above, and further in view of Felding et al (WO 2014082855 A1, hereinafter Felding
Regarding to claim 8, Volker teaches a water purification apparatus of claim 1, further comprising a temperature sensor (Fig 1 21) arranged to measure a temperature of the fluid in the recirculation fluid path, but Volker fails to teach wherein the control unit is configured to: determine, based on the temperature measured by the temperature sensor, a time duration for heat disinfecting the recirculation fluid path and the feed fluid path with the heated fluid at the temperature dependent disinfection criterion such that a bacterial reduction criterion is fulfilled, and control heat disinfection of the recirculation fluid path and the feed fluid path based on the time duration to fulfil the bacterial reduction criterion.
However Felding teaches wherein the control unit is configured to: determine, based on the temperature measured by the temperature sensor, a time duration for heat disinfecting the recirculation fluid path and the feed fluid path with the heated fluid at the temperature dependent disinfection criterion such that a bacterial reduction criterion is fulfilled, and control heat disinfection of the recirculation fluid path and the feed fluid path based on the time duration to fulfil the bacterial reduction criterion (Page 5 Line 1-14 and Claim 16). Felding and Volker are analogous to the claimed invention because they are in the same field of heated purification. One of ordinary skill in the art before the effective filing date of claimed invention would take the teachings Felding time varying heating method with Volker apparatus in order to ensure the fluid is still purified if the fluid needs more time to be heated due to different temperature of the fluid
Claim(s) 9-11, 16-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Volker as applied to claim 1 above, and further in view of Hulme et al (US 20140151297 A1, hereinafter Hulme).
Regarding to claim 9, Volker teaches a water purification apparatus of claim 1, but Volker fails to teach further comprising a tank air vent fluidly coupled to an upper portion of the tank via a tank air vent line, the tank air vent configured to enable air to escape to atmosphere when the tank is filled with the fluid.
However, Hulme teaches further comprising a tank air vent (Fig 1 48) fluidly coupled to an upper portion of the tank via a tank air vent line (Fig 1 52), the tank air vent configured to enable air to escape to atmosphere when the tank is filled with the fluid (¶[0027]). Hulme and Volker are analogous to the claimed invention because they are in the same field of heated purification. One of ordinary skill in the art before the effective filing date of claimed invention would take the teachings of Hulme to add a vent to the tank of Volker in order safely storage heated fluid without the risk pressures being up as more heated fluid get added to the tank.
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Regarding to claim 10, modified Volker teaches a water purification apparatus of claim 9, wherein the control unit is configured to cause the at least one valve (Hulme Fig 1 46) to close after receiving the signal (Hulme Fig 1 56) to prevent the fluid from reaching the tank air vent line (Hulme Fig 1 48 ¶[0027]).
Regarding to claim 11, modified Volker teaches a water purification apparatus of claim 1, wherein the predetermined level is set so that the heated fluid does not reach the tank air vent line (Hulme ¶[0027]) .
Regarding to claim 16, Volker teaches a water purification method of claim 15, wherein a temperature sensor is arranged to measure a temperature of the purified fluid (Fig 1 20a 21 22), but Volker fails to teach wherein the temperature dependent disinfection criterion includes a temperature of the purified fluid being within a range of 65°-95° Celsius.
However, Hulme teaches temperature dependent disinfection criterion includes a temperature of the purified fluid being within a range of 65°-95° Celsius (¶[0036]). Hulme and Volker are analogous to the claimed invention because they are in the same field of heated purification. One of ordinary skill in the art before the effective filing date of claimed invention would use the teachings of Hulme temperature range for the apparatus of Volker to heat the fluid to such to kill off any bacterial. See MPEP 2143(I)(D)
Regarding to claim 17, modified Volker teaches a water purification method of claim 16, wherein a flow sensor is arranged to measure a flow rate of the purified fluid, and wherein the temperature dependent disinfection criterion includes the purified fluid obtaining a predetermined temperature dependent flow rate (Volker Fig 1 16 27 ¶[0048-0061]).
Regarding to claim 19, Volker teaches a water purification method of claim 13, wherein the predetermined level is set so that there is sufficient fluid to recirculate through the feed fluid path, the recirculation fluid path, and the heater without having to receive additional fluid from the fluid source (Volker Fig 1 9.1).
The low fluid sensors are well understood in the art to communicate to the system that there is enough fluid in the tank in order for the system to work. If this sensor does not do this function, the system will be damaged as it tries to pull fluid while the tank is below low fluid sensor.
Regarding to claim 20, Volker teaches a water purification method of claim 19, Volker but fails to teach wherein the predetermined level is additionally set so that the heated fluid does not reach an tank air vent line that is fluidly coupled to the tank. However, Hulme teaches wherein the predetermined level is additionally set so that the heated fluid does not reach an tank air vent line that is fluidly coupled to the tank (¶[0027]).
Hulme and Volker are analogous to the claimed invention because they are in the same field of heated purification. One of ordinary skill in the art before the effective filing date of claimed invention would take the teachings of Hulme to add a limit on how much heated fluid is stored in the tank of Volker in order safely storage fluid without the risk of fluid entering the vent.
Claim 18 rejected under 35 U.S.C. 103 as being unpatentable over Volker as applied to claim 13 above, and further in view of Felding et al (WO 2014082855 A1, hereinafter Felding).
Regarding to claim 18, Volker teaches a water purification method of claim 13, wherein a temperature sensor is arranged to measure a temperature of the fluid in the recirculation fluid path (Fig 1 21) but fail to explicitly teach the method further comprising: determining, via the control unit based on the temperature measured by the temperature sensor, a time duration for heat disinfecting the recirculation fluid path and the feed fluid path with the heated fluid at the temperature dependent disinfection criterion such that a bacterial reduction criterion is fulfilled; and controlling, via the control unit, heat disinfection of the recirculation fluid path and the feed fluid path based on the time duration to fulfil the bacterial reduction criterion.
However Felding teaches wherein a temperature sensor is arranged to measure a temperature of the fluid in the recirculation fluid path but fail to explicitly teach the method further comprising: determining, via the control unit based on the temperature measured by the temperature sensor, a time duration for heat disinfecting the recirculation fluid path and the feed fluid path with the heated fluid at the temperature dependent disinfection criterion such that a bacterial reduction criterion is fulfilled; and controlling, via the control unit, heat disinfection of the recirculation fluid path and the feed fluid path based on the time duration to fulfil the bacterial reduction criterion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE HARRISON SHIPMAN whose telephone number is (571)270-3197. The examiner can normally be reached Monday-Friday 7:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at (571)272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE HARRISON SHIPMAN/Examiner, Art Unit 1771
/KRISHNAN S MENON/Primary Examiner, Art Unit 1771
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