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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/20/2026 has been entered.
Status of the Claims
The status of the claims as filed in the reply dated 4/20/2026 are as follows:
Claims 1-16, 20, 25, and 26 are amended,
Claims 17-19 and 21-24 are canceled,
Claims 27 and 28 are new,
Claims 1-16, 20, and 25-28 are currently pending.
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.
Claim(s) 1, 2, 4, 7-14, 20, and 25-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama (Japanese Patent Publication JP2012/042159A, previously cited) in view of Gil et al. (U.S. Patent Publication No. 2019/0137192, “Gil”) in view Thielmann (U.S. Patent Publication No. 2020/0049381, previously cited).
Regarding claim 1, Kajiyama discloses a heat recovery system (fig 1), the system comprising:
(i) a heat exchanger (T1) that is configured to heat water with thermal energy recovered from a wastewater stream (A), thereby obtaining heated water,
However, Kajiyama does not explicitly a wastewater treatment system configured to remove solid components from a wastewater stream, thereby obtaining (i) a treated wastewater stream and (ii) separated solids, wherein the heat recovery system in fluidic communication with the wastewater treatment system, wherein the wastewater treatment system and the heat recovery system and the heat recovery system and the heat recovery system are located at the site. Gil, however, discloses a heat recovery system (40, fig 1) wherein a wastewater treatment system (44) configured to remove solid components from a wastewater stream (¶0069), thereby obtaining (i) a treated wastewater stream and (ii) separated solids, wherein the heat recovery system in fluidic communication with the wastewater treatment system (fig 1), wherein the wastewater treatment system and the heat recovery system and the heat recovery system are located at the site (“basement”, ¶0067). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama to provide the wastewater treatment system of Gil in order to remove solid and thus allow for fluid to flow through the heat recovery system without clogging the system. It would have been further to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama to provide the system on site such as taught by Gil in order to allow for maintenance of the system by the user.
However, Kajiyama does not explicitly disclose (ii) a process control to predict a demand of a site for the heated water, wherein the process control system predicts a demand of site for the heated water, wherein the process control system predicts the demand based at least on part on real-time sensor data, wherein the real-time sensor data comprises (a) a temperature of a domestic water stream entering the site or (b) a flow rate of a domestic water stream entering the site, and
(iii) a controller is configured to control the flow rate of the wastewater stream through the heat recovery system based at least in part on the demand of the site for the heated water predicted in (ii).
Thielmann, however, discloses a heat recovery system (fig 1) wherein (ii) a process control to predict a demand of a site for the heated water, wherein the process control system predicts a demand of site for the heated water (¶0093), wherein the process control system predicts the demand based at least on part on real-time sensor data, wherein a real-time sensor data comprises (a) a temperature of a domestic water stream entering the site (¶0120, see ¶0093), and
(iii) a controller is configured to control a flow rate of the wastewater (via 172, ¶0078) through a heat recovery system (150) based at least in part on the demand of the site for the heated water predicted in (ii).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama to provide the real time data of Thielman in order to ensure optimal temperature of the energy loop (see ¶0093 of Thielmann).
Regarding claim 2, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, further discloses wherein the wastewater is at least partially treated by the wastewater treatment system prior to entering the heat recovery system (by wastewater treatment system 44 of Gil, see ¶0069).
Regarding claim 4, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, does not explicitly disclose wherein wastewater stream is treated by the wastewater treatment system after exiting the heat recovery system. However, Gil, in another embodiment (fig 10a), teach wherein a wastewater stream is treated by the wastewater treatment system (44) after exiting the heat recovery system (fig 10a). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the wastewater treatment system down stream the heat recovery system in order to provide the optimal location of the wastewater treatment system for maintenance.
Regarding claim 7, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to control the flow rate of the wastewater based at least in part on a temperature of the wastewater (¶0037).
Regarding claim 8, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to increase the flow rate (through A) of the wastewater when the temperature of the wastewater is above a threshold value (Tth1, ¶0037).
Regarding claim 9, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to decrease the flow rate (through A) of the wastewater when the temperature of the wastewater is below a threshold value (Tth1, ¶0037).
Regarding claim 10, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to increase the flow rate (through A) of the wastewater through the heat recovery system when the demand for the heated water is above a threshold value (as any use of the hot water will lower the amount of sewage within tank T1 and would require a refilling of the sewage tank, see ¶0033).
Regarding claim 11, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to decrease the flow rate (through A) of the wastewater through the heat recovery system when the demand for the heated water is below a threshold value (as any use of the hot water will lower the amount of sewage within tank T1 and would require a refilling of the sewage tank, see ¶0033).
Regarding claim 12, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the heat recovery system further comprises a wastewater holding tank (T1).
Regarding claim 13, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to control the flow rate (through A) of the wastewater based at least in part on an amount of wastewater present in the wastewater holding tank (¶0033).
Regarding claim 14, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to shut off when an amount of wastewater present in the wastewater holding tank is below a threshold level (¶0033).
Regarding claim 20, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, does not explicitly disclose wherein at least a portion of the wastewater used by the heat recovery system is not fully treated by the wastewater treatment system. However, Gil, in another embodiment (fig 10a), teach wherein a wastewater stream is treated by the wastewater treatment system (44) after exiting the heat recovery system (fig 10a). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the wastewater treatment system downstream the heat recovery system in order to provide the optimal location of the wastewater treatment system for maintenance.
Regarding claim 25, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. However, Kajiyama, as modified, does not explicitly disclose wherein the process control system further predicts the demand based at least in part on historical data of water usage at the site. Thielman, however, discloses a heat recovery system (fig 1) wherein the process control system further predicts the demand based at least in part on historical data of water usage at the site (“an optimal temperature for the passive energy loop is determined by predictive analytics based on data monitored and collected from the elements that influence the selected temperature”, ¶0093). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama to provide the real time data of Thielman in order to ensure optimal temperature of the energy loop (see ¶0093 of Thielmann).
Regarding claim 26, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, further discloses wherein the site is the building (see ¶0067 of Gil).
Regarding claim 27, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, further discloses wherein the heat recovery system and the wastewater treatment system are located in a basement of the building (see ¶0067 of Gil).
Regarding claim 28, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, further discloses wherein the building is a source of the wastewater stream (see ¶0067 of Gil).
Claim(s) 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama, Gil, and Thielmann as applied to claims 1 and 2 above, and further in view of Anim-Mensah et al. (U.S. Patent Publication No. 2016/0081528, “Anim-Mensah”, previously cited).
Regarding claim 3, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat exchanger comprises a plate and frame heat exchanger. Anim-Mensah, however, discloses a plate and frame heat exchanger (fig 1A) that may exchange heat with wastewater (¶0006). Anim-Mensah teaches that the heat exchanger provides high efficiency heat exchange (¶0031). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the heat exchanger of Anim-Mensah in order to improve heat exchange.
Regarding claim 6, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat recovery system further comprises a screening system. Anim-Mensah, however, discloses a heat recovery system which comprises a screening system (¶0012). Anim-Mensah teaches that this allow for debris to captured (¶0012). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide screening system of Anim-Mensah in order to remove debris and thus prevent clogging.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama, Gil, and Thielmann as applied to claim 4 above, and further in view of Helppolainen et al. (U.S. Patent Publication No. 2021/0199389, “Helppolainen”, previously cited).
Regarding claim 5, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat exchanger comprises a shell and tube heat exchanger. Helppolainen, however, discloses a shell and tube heat exchanger (fig 1) that may exchange heat with wastewater (¶0002). Helppolainen teaches that the shell and tube configuration provides ease of maintenance (¶0006). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the heat exchanger of Helppolainen in order to improve the ease of maintenance.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama, Gil, and Thielmann as applied to claim 1 above, and further in view of Lucas et al. (U.S. Patent Publication No. 2018/0202687, “Lucas”, previously cited)
Regarding claim 15, the combination of Kajiyama, Gil, and Thielmann discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat recovery system is contained within a complete skid mounted system. Lucas, however, discloses a heat recovery system (fig 1) which is contained within a complete skid mounted system (22, ¶0023). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the skid of Lucas in order to allow for ease of movement of the system.
Regarding claim 16, the combination of Kajiyama, Gil, Thielmann and Lucas discloses all previous claim limitations. Kajiyama, as modified, further discloses wherein the complete skid mounted system is configured to be coupled to an existing wastewater treatment system (10, fig 1).
Response to Arguments
Applicant's arguments filed 4/20/2026 have been fully considered but they are not persuasive.
Applicant argues (pages 6-10) that none of the cited references teach the wastewater treatment system being on site as now required by claims. However, newly cited Gil is now being relied upon to these limitations.
Conclusion
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/HARRY E ARANT/Primary Examiner, Art Unit 3763
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