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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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.
As to Claim 1, the claim recites “and into the liquid”, “to thereby allow liquid”, “configured to receive liquid from the containment pond”, “upon drainage of liquid”, “the drained liquid” and “mobilized into the liquid”. It is unclear these limitations to the “volume of liquid” claimed before. Appropriate correction is required.
Claim 1 recites “the collection pond comprising a watertight liner” but there is a watertight liner already claimed before. Appropriate correction is required.
Claim 1 recites “the collection pond comprising a watertight liner and configured to receive liquid from the containment pond upon drainage of liquid from the collection pond”. It is unclear if the limitation should be the collection pond comprising a watertight liner and configured to receive liquid from the containment pond upon drainage of liquid from the containment pond”. Appropriate correction is required.
Claim 1 recites “the drained liquid comprising leachate containing one or more contaminants”. It is unclear if this refers to the “one or more contaminants” claimed before. Appropriate correction is required.
As to Claim 3, the claim recites “the liquid”. It is unclear if this refers to the “volume of liquid” of claim 1. Appropriate correction is required.
As to Claim 4, the claim recites “the flow of liquid” but there is no “flow of liquid” claimed before. Appropriate correction is required.
As to Claim 6, the claim recites “and liquid”. It is unclear if this refers to the “volume of liquid” of claim 1. Appropriate correction is required.
As to Claim 9, the claim recites “wherein the multilayer liner assembly comprises a primary liner assembly positioned over a secondary liner assembly”. It is unclear what is the relationship between these liner assemblies and the at least one geosynthetic clay liner and the two geomembrane layers of claim 8 considering that claim 10 suggests they are the same. Appropriate correction is required.
As to Claim 10, the claim recites “wherein each of the primary and secondary liner assemblies comprises a geomembrane liner layer positioned over a geosynthetic clay liner layer” but claim 8 recites “a multilayer liner assembly comprising at least one geosynthetic clay liner positioned between two geomembrane layers”. The relationships between these structural elements are unclear. Appropriate correction is required.
As to Claim 11, the claim recites “wherein the watertight liner of the collection pond comprises a multilayer liner assembly comprising a primary liner assembly positioned over a secondary liner assembly, wherein each of the primary and secondary liner assemblies comprises a geomembrane liner layer positioned over a geosynthetic clay liner layer” but claims 8, 9 and 10 already recite these elements which makes the limitations confusing and unclear. Additionally, the relationships between these structural elements are unclear. Appropriate correction is required.
As to Claim 13, the claim recites “to pump liquid” and “for the removal of one or more contaminants therefrom”. It is unclear if this refers to the “volume of liquid” and the “one or more contaminants” claimed before. Appropriate correction is required.
As to Claim 14, the claim recites “and treat the liquid” and “reduce the concentration of one or more contaminants therefrom”. It is unclear if this refers to the “volume of liquid” and the “one or more contaminants” of claim 1. Appropriate correction is required.
As to Claim 16, the claim recites “the liquid”. It is unclear if this refers to the “volume of liquid” claimed before. Appropriate correction is required.
As to Claim 18, the claim recites “wherein recovered contaminants”. It is unclear if the limitation refers to the “one or more contaminants” of claim 1. Appropriate correction is required.
As to Claim 19, the claim recites “for the removal of contaminants”. It is unclear if this refers to the “one or more contaminants” of claim 1. Appropriate correction is required.
The dependent claims are also rejected for depending on a rejected independent claim.
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.
Claims 1-5 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (China Patent Publication No. CN214235529U) in view of Mingyang (China Patent Publication No. CN201080614Y).
As to Claim 1, Chen discloses a rapid leaching and dewatering system for the remediation of a solid matrix containing a contaminant, the system comprising:
A containment pond (Paragraph 0006: “A landfill closure structure for municipal solid waste includes, from bottom to top, an air venting layer, an impermeable layer, a drainage layer, and a greening soil layer, wherein at least one layer of PCA geocells is laid at the bottom of the greening soil layer”) for receiving a solid matrix material containing one or more contaminants and a volume of liquid sufficient to fully saturate the solid matrix material to thereby mobilize the one or more contaminants from the solid matrix material and into the liquid, the containment pond comprising a watertight liner (20; Paragraph 0026: “The impermeable layer 20 includes a clay layer 21, a geotextile layer 22, and a geomembrane layer 23 arranged from bottom to top”);
A drainage system (30, 41; Paragraph 0023: “PCA geocell 41 is a new type of high-strength geosynthetic material. It is a three-dimensional network structure formed by welding high-molecular polymer sheets with high-strength ultrasonic welding. It is flexible, foldable for transportation, and can be stretched into a mesh and unfolded into a honeycomb like three-dimensional network during construction. Loose materials such as soil, gravel, and concrete are then filled in to form a structure with strong lateral confinement and high rigidity” Paragraph 0027: “The drainage layer 30 is a three-dimensional geotextile composite drainage grid”) within the containment pond and positioned over the watertight liner (20), the drainage system comprising one or more layers of geocomposite materials imbedded with stone (30, 41; Paragraph 0023: “PCA geocell 41 is a new type of high-strength geosynthetic material. It is a three-dimensional network structure formed by welding high-molecular polymer sheets with high-strength ultrasonic welding. It is flexible, foldable for transportation, and can be stretched into a mesh and unfolded into a honeycomb like three-dimensional network during construction. Loose materials such as soil, gravel, and concrete are then filled in to form a structure with strong lateral confinement and high rigidity” Paragraph 0027: “The drainage layer 30 is a three-dimensional geotextile composite drainage grid”) to thereby allow liquid to pass therethrough while retaining non-liquid material, including the solid matrix material.
However, Chen is silent about a collection pond fluidically coupled to the containment pond via at least one conveyance pipe, the collection pond comprising a watertight liner and configured to receive liquid from the containment pond upon drainage of liquid from the collection pond, the drained liquid comprising leachate containing one or more contaminants partitioned from the solid matrix material and mobilized into the liquid. Mingyang discloses a containment pond (1) with a drainage system (6) and a collection pond (2) fluidically coupled to the containment pond (1) via at least one conveyance pipe (8, 9), the collection pond comprising a watertight liner (Walls of 2) and configured to receive liquid from the containment pond (1) upon drainage of liquid from the collection pond (2), the drained liquid comprising leachate containing one or more contaminants partitioned from the solid matrix material and mobilized into the liquid. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a collection pond fluidically coupled to the containment pond via at least one conveyance pipe, the collection pond comprising a watertight liner and configured to receive liquid from the containment pond upon drainage of liquid from the collection pond, the drained liquid comprising leachate containing one or more contaminants partitioned from the solid matrix material and mobilized into the liquid. The motivation would have been to collect leachate.
As to Claim 2, Chen as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Chen as modified also teaches wherein the solid matrix material comprises at least one of soil, sediment, and sludge (Solid matrix in landfills contain sludge).
As to Claim 3, Chen as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Chen as modified also teaches wherein the liquid comprises water (Leachates are primarily composed of water).
As to Claim 4, Chen as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Chen as modified also teaches wherein the flow of liquid to the collection pond (Mingyang: 2) is gravity-fed.
As to Claim 5, Chen as modified teaches the invention of Claim 4 (Refer to Claim 4 discussion). Chen as modified wherein the containment pond (Mingyang: 1) is positioned at a higher elevation than the collection pond (Mingyang: 2).
As to Claim 8, Chen as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Chen as modified wherein the watertight liner (20) of the containment pond comprises a multilayer liner assembly (20) comprising at least one geosynthetic clay liner (21) positioned between two geomembrane layers (11, 22).
As to Claim 9, Chen as modified teaches the invention of Claim 8 (Refer to Claim 8 discussion). Chen as modified wherein the multilayer liner assembly comprises a primary liner assembly (20). Although Chen as modified does not explicitly disclose that the primary liner assembly is positioned over a secondary liner assembly, before the effective filing date of the invention it would have been obvious to a person of ordinary skill in the art to have a primary liner assembly positioned over a secondary liner assembly of the same structure since it has been held that mere duplication of the essential working parts of a device involves only routine skilled the art. Adding additional layers is obvious for better filtering.
As to Claim 10, Chen as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Chen as modified wherein each of the primary and secondary liner assemblies (20) comprises a geomembrane liner layer (22) positioned over a geosynthetic clay liner layer (21).
As to Claim 11, Chen as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Chen as modified wherein the watertight liner (20) of the collection pond comprises a multilayer liner assembly (20) comprising a primary liner assembly (20) comprising a geomembrane liner layer (22) positioned over a geosynthetic clay liner layer (21). Although Chen as modified does not explicitly disclose that the primary liner assembly is positioned over a secondary liner assembly, before the effective filing date of the invention it would have been obvious to a person of ordinary skill in the art to have a primary liner assembly positioned over a secondary liner assembly of the same structure since it has been held that mere duplication of the essential working parts of a device involves only routine skilled the art. Adding additional layers is obvious for better filtering.
As to Claim 12, Chen as modified teaches the invention of Claim 11 (Refer to Claim 11 discussion). Chen as modified wherein at least one end of the at least one conveyance pipe (Mingyang: 8, 9) is sealed into engagement with the primary and secondary liner assemblies via a boot member (Mingyang: 7, 11).
Claims 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (China Patent Publication No. CN214235529U) in view of Mingyang (China Patent Publication No. CN201080614Y); and further in view of Emr (U.S. Patent Application Publication No. 2016/0272522).
As to Claim 6, Chen as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Chen as modified is silent about further comprising an aeration assembly positioned at a bottom of the containment pond and configured to aerate the solid matrix material and liquid within the containment pond to promote mixing and non-aqueous phase separation. Emr discloses an aeration assembly (9) positioned at a bottom of a containment pond (8) and configured to aerate the solid matrix material and liquid within the containment pond (8) to promote mixing and non-aqueous phase separation. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide aeration assembly positioned at a bottom of the containment pond and configured to aerate the solid matrix material and liquid within the containment pond to promote mixing and non-aqueous phase separation. The motivation would have been to promote faster decomposition.
As to Claim 7, Chen as modified teaches the invention of Claim 6 (Refer to Claim 6 discussion). Chen as modified also teaches wherein the aeration assembly (Emr: 9) comprises a plurality of perforated pipe members configured to release a plurality of bubbles to promote aeration (Emr – Paragraph 0032: “The aeration laterals 9 include a series of perforated pipes which provide warmed air or other gases continuously or intermittently as necessary to the zone of treatment 7 to enhance aerobic activity, for the purpose of bio-mat reduction and control”).
Claims 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (China Patent Publication No. CN214235529U) in view of Mingyang (China Patent Publication No. CN201080614Y); and further in view of Hutchins (U.S. Patent Application Publication No. 2024/0360008).
As to Claim 13, Chen as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Chen as modified further comprising a first pump assembly operably coupled to the collection pond via one or more pipes and configured to pump liquid, including the leachate, out of the collection pond and to undergo subsequent treatment for the removal of one or more contaminants therefrom. Hutchins discloses a first pump assembly (82) operably coupled to a collection pond (Paragraph 0025: “There is shown in FIG. 1, one example of system 10 for removing PFAS from solution 12 having PFAS therein using foam fractionation. Solution 12 may include one or more of industrial wastewater, municipal wastewater, contaminated groundwater, landfill leachate, dilute AFFF from fire protection systems, or similar solution contaminated with PFAS””) via one or more pipes (70) and configured to pump liquid, including the leachate, out of the collection pond and to undergo subsequent treatment for the removal of one or more contaminants therefrom. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have a first pump assembly operably coupled to the collection pond via one or more pipes and configured to pump liquid, including the leachate, out of the collection pond and to undergo subsequent treatment for the removal of one or more contaminants therefrom. The motivation would have been to collect leachates from the system.
As to Claim 14, Chen as modified teaches the invention of Claim 13 (Refer to Claim 13 discussion). Chen as modified also teaches further comprising a treatment system (Hutchins: 64) configured to receive, from the collection pond, and treat the liquid, including the leachate, to thereby entirely remove or sufficiently reduce the concentration of one or more contaminants therefrom (Paragraph 0038: “In one example, super-loading subsystem 62 may be configured as a small vessel, e.g., vessel 64 shown in caption 66 having an adsorptive media 68 therein. Adsorptive media 68 preferably absorbs the PFAS in flow 42 to create a concentrated PFAS waste product that may be disposed of or destroyed. Adsorptive media 68 may include ion exchange resin, granular activated carbon (GAC), synthetic media, or a combination thereof, or similar type adsorptive media”).
As to Claim 15, Chen as modified teaches the invention of Claim 14 (Refer to Claim 14 discussion). Chen as modified also teaches wherein the treatment system (Hutchins: 64) comprises one or more vessels (Hutchins: 64) comprising granular activated carbon (Hutchins: 68; Paragraph 0038: “In one example, super-loading subsystem 62 may be configured as a small vessel, e.g., vessel 64 shown in caption 66 having an adsorptive media 68 therein. Adsorptive media 68 preferably absorbs the PFAS in flow 42 to create a concentrated PFAS waste product that may be disposed of or destroyed. Adsorptive media 68 may include ion exchange resin, granular activated carbon (GAC), synthetic media, or a combination thereof, or similar type adsorptive media”).
As to Claim 16, Chen as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). Chen as modified also teaches wherein recovered contaminants sorbed onto the GAC is provided to at least one of: 1) a permitted regeneration facility for thermal destruction; 2) a solvent washing and recovery system to partition the contaminants from the GAC into a solvent to be subsequently destroyed; 3) a hazardous waste landfill for disposal; and 4) a hazardous waste incinerator (Hutchins - Paragraph 0038: “In one example, super-loading subsystem 62 may be configured as a small vessel, e.g., vessel 64 shown in caption 66 having an adsorptive media 68 therein. Adsorptive media 68 preferably absorbs the PFAS in flow 42 to create a concentrated PFAS waste product that may be disposed of or destroyed. Adsorptive media 68 may include ion exchange resin, granular activated carbon (GAC), synthetic media, or a combination thereof, or similar type adsorptive media”).
As to Claim 17, Chen as modified teaches the invention of Claim 14 (Refer to Claim 14 discussion). Chen as modified also teaches wherein the liquid, including the leachate, is concentrated through foam fractionation (Hutchins: 14).
As to Claim 18, Chen as modified teaches the invention of Claim 17 (Refer to Claim 17 discussion). Chen as modified also teaches wherein recovered contaminants are destroyed by way of at least one of electrochemical oxidation and super critical water oxidation or disposed of at a permitted hazardous waste injection well (Hutchins - Paragraph 0038: “In one example, super-loading subsystem 62 may be configured as a small vessel, e.g., vessel 64 shown in caption 66 having an adsorptive media 68 therein. Adsorptive media 68 preferably absorbs the PFAS in flow 42 to create a concentrated PFAS waste product that may be disposed of or destroyed. Adsorptive media 68 may include ion exchange resin, granular activated carbon (GAC), synthetic media, or a combination thereof, or similar type adsorptive media”).
As to Claim 19, Chen as modified teaches the invention of Claim 13 (Refer to Claim 13 discussion). Chen as modified also teaches further comprising a second pump assembly (Hitchins: 150, 154) configured to pump treated liquid that has undergone treatment for the removal of contaminants back to the containment pond for subsequent use in saturating the existing solid matrix material within the containment pond and/or additional solid matrix material and/or new solid matrix material placed within the containment pond (Hutchins – Paragraph 0036: “Foam fractionation subsystem 14 may also include collection tank 150, which preferably receives condensate from dehumidifier 32 by line 152. The condensate in collection tank 150 may include PFAS and may be directed back to inlet 44 by line 154 and/or to super-loading subsystem 62 (discussed below) as flow 156”).
As to Claim 20, Chen as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Chen as modified is silent about one or more contaminants comprises at least one of per- and polyfluoroalkyl substances (PFAS) compounds; petroleum hydrocarbons; and petroleum solvents. Hutchins discloses that landfills produce leachates that can contain PFAS (Paragraph 0025: “There is shown in FIG. 1, one example of system 10 for removing PFAS from solution 12 having PFAS therein using foam fractionation. Solution 12 may include one or more of industrial wastewater, municipal wastewater, contaminated groundwater, landfill leachate, dilute AFFF from fire protection systems, or similar solution contaminated with PFAS”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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