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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/8/2025 has been entered.
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) 1-6, 8-11, 13-15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burns (US 2024/0116777) in view of Lambert et al. (US 2004/0168965), and Kosick et al. (US 2019/0275536).
Regarding claim 1, Burns teaches a process comprising more than one stage of flotation operated by a first vessel for flotation (primary flotation chamber) configured to receive incoming liquid for treatment, the first vessel generating a first treated liquid and a first foam; wherein the first vessel is associated with a means for hydraulically controlling the incoming liquid into the first vessel; and a means for hydraulically controlling the discharge of first treated liquid from the first vessel; and the first foam is collected in a foam tank (fractionation chamber); (Figs. 1-3, [0057]-[0061], [0168]-[0172], and [0200]-[0204]).
It is noted that Burns teaches that the liquid is delivered to various parts of the equipment by pumping ([0168]-[0172]). While one skilled in the art could conclude that each means is a pump, such a limitation is not explicitly stated so Burns fails to teach all the means for controlling liquid flow being pumps/means that are capable of controlling the hydraulics of vessels independently and a control system controlling with a variable speed drive. Lambert teaches that multiple pumps are used to move liquid from one treatment chamber to another (influent pumped to flocculation tank/first vessel [0012] and clean water pumped (30) from flotation tank/second vessel [0016] and [0020]) that are capable of controlling the hydraulics of vessels independently and a control system controlling with a variable speed drive ([0020]). Thus, one skilled in the art would have found it obvious to provide the variable speed pumps/controller for hydraulically controlling liquid flow during operation consistent with Burns and Lambert in order to allow for control of the liquid within each of the treatment chambers to desired levels during operation.
Burns teaches one primary flotation vessel and the first treated liquid being further treated by downstream means to further remove contaminants. Burns fails to teach a second vessel for flotation configured to receive incoming first treated liquid from the first vessel, the second vessel generating a second treated liquid and a second foam, wherein the second vessel is associated with a means for hydraulically controlling the discharge of second treated liquid from the second vessel; and the second foam is collected in the foam tank. Kosick teaches that flotation chambers can be provided in series thereby increasing removal efficiency as the floatable material in the second flotation chamber would be material that passed through the first flotation chamber and also provide a reduction of reducing the size needed for flotation units thereby saving on the plant footprint, installation, and infrastructure costs ([0058]). As such, one skilled in the art would have found it obvious to provide duplicate flotation vessels in series in order to better remove contaminants while providing economic benefits.
Regarding claim 2, Burns teaches that flow can be controlled via automated valves to and from the various treatment chambers ([0168]-[0172]). As discussed above, providing duplicate flotation vessels in series as claimed would have been an obvious matter to one skilled in the art based on Burns in view of Kosick.
Regarding claim 3, Burns fails to teach the flotation vessels include a break tank that collects the second treated liquid. Kosick teaches that the flotation vessel can include a tank/vessel after the flotation step capable of receiving incoming liquid from the flotation vessel upstream of it (Figs. 2-3). As such, one skilled in the art would have found it obvious to provide break tank as claimed as part of the flotation vessels in order to receive the incoming treated liquid and prepare said fluid for more downstream treatments.
Regarding claim 4, Burns teaches that at two primary flotation vessels are operated in parallel ([0169]-[0175]).
Regarding claims 5-6 and 8, Burns only teaches one foam tank and thus does not teach a second foam tank with accompanying operations. It is Examiner’s position that providing a foam tank for each of the foam collected from each flotation process would have been an obvious matter of duplicating essential working parts especially in light of Kosick teaching duplication of flotation vessels (see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Regarding claim 9, Burns teaches that the foam may be sent to disposal with no further treatment ([0215]).
Regarding claims 10 and 14, Burns teaches that the foam portion can be sent for further treatment in a fourth foam vessel (re-flotation chamber) (Figs. 1-3, [0057]-[0061], [0168]-[0172], and [0200]-[0204]).
Regarding claim 11, Burns teaches that the vessels/tanks includes a foam fractionator including a hood ([0183]-[0185]).
Regarding claim 13, modified Burns teaches the use of pumps and the selection of any type of pump would have been an obvious matter especially as Kosick teaches that variable speed pumps are known to be used in flotation type processes ([0050]).
Regarding claim 15, see claim 5 above for the second foam tank and claim 14 above for the fourth foam vessel.
Regarding claim 20, the liquid produced from the Burns treatment process reads on the claim.
Claim(s) 7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burns (US 2024/0116777) in view of Lambert et al. (US 2004/0168965), and Kosick et al. (US 2019/0275536) as applied above, and further in view of Kin et al. (US 2005/0126972).
Regarding claim 7, Burns fails to teach mixing the contents of the second foam tank with the incoming liquid for treatment in the first vessel. Kin teaches that foams produced from treating water can be fractionated/destroyed and then combined with the incoming liquid to be treated thereby further treating the liquid content of the second foam ([0014] and claim 4). As such, one skilled in the art would have found it obvious to combine the liquid from the second foam tank with the incoming liquid stream in order to further treat the liquid in the foam.
Regarding claim 12, Burns teaches the fractionator including a hood and thus fails to teach the fractionator being hoodless. Kin teaches that in fractionating/destroying the foam, a centrifugal type degassing unit (considered to be hoodless) can be employed ([0014] and claim 4). As such, one skilled in the art would have found it obvious to use other known foam fractionator, such as a hoodless one, with a reasonable expectation of success in view of Kin.
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burns (US 2024/0116777) in view of Puttamraju et al. (US 11,840,471), Lambert et al. (US 2004/0168965), and Kosick et al. (US 2019/0275536).
Regarding claims 16-17, Burns teaches a flotation process comprising more than one stage of flotation for the removal of PFAS from wastewater, one or more first vessels for flotation configured to receive incoming liquid for treatment, the first vessel generating a first treated liquid and a first foam comprising long chain PFAS (Figs. 1-3, [0057]-[0061], [0168]-[0172], and [0200]-[0204]).
Burns fails to teach one or more second vessels for flotation configured to receive incoming first treated liquid from the first vessel for treatment, the second vessel generating a second treated liquid and a second foam. Burns teaches one primary flotation vessel and the first treated liquid being further treated by downstream means to further remove contaminants. Burns fails to teach a second vessel for flotation configured to receive incoming first treated liquid from the first vessel, the second vessel generating a second treated liquid and a second foam, wherein the second vessel is associated with a means for hydraulically controlling the discharge of second treated liquid from the second vessel; and the second foam is collected in the foam tank. Kosick teaches that flotation chambers can be provided in series thereby increasing removal efficiency as the floatable material in the second flotation chamber would be material that passed through the first flotation chamber and also provide a reduction of reducing the size needed for flotation units thereby saving on the plant footprint, installation, and infrastructure costs ([0058]). As such, one skilled in the art would have found it obvious to provide duplicate flotation vessels in series in order to better remove contaminants while providing economic benefits.
Burns fails to teach that a flocculant is added to the second vessel to assist in the removal of short chain PFAS. Puttamraju teaches that it is beneficial to add polyDADMAC in flotation processes in order to aid in the removal of PFAS (Fig. 6A and C9/L24-10/8). As such, it would have been obvious to provide polyDADMAC as a flocculant as claimed in order to aid in the removal of PFAS.
It is noted that Burns teaches that the liquid is delivered to various parts of the equipment by pumping ([0168]-[0172]). While one skilled in the art could conclude that each means is a pump, such a limitation is not explicitly stated so Burns fails to teach all the means for controlling liquid flow being pumps/means that are capable of controlling the hydraulics of vessels independently and a control system controlling with a variable speed drive. Lambert teaches that multiple pumps are used to move liquid from one treatment chamber to another (influent pumped to flocculation tank/first vessel [0012] and clean water pumped (30) from flotation tank/second vessel [0016] and [0020]) that are capable of controlling the hydraulics of vessels independently and a control system controlling with a variable speed drive ([0020]). Thus, one skilled in the art would have found it obvious to provide the variable speed pumps/controller for hydraulically controlling liquid flow during operation consistent with Burns and Lambert in order to allow for control of the liquid within each of the treatment chambers to desired levels during operation.
It is noted modified Burns teaches the claimed method steps and also the broad result of removing PFAS. The specific type of PFAS removed (long or short chain) would be a result of the claimed process steps. As the claimed process steps are taught in modified Burns, the expected results would also be similar even if not explicitly stated.
Regarding claim 18, it is submitted that the pumps in Lambert are capable of controlling the flows as claimed.
Regarding claim 19, see claim 3 above.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 16 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It is noted that the above rejection has been modified to address the control of the hydraulic levels (Lambert “Inflow rates and tank levels are controlled by the computer system, through the control of various pumps and valves throughout the system.” [0020]) and the inclusion of a variable speed pump/means ([0020]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER KEYWORTH whose telephone number is (571)270-3479. The examiner can normally be reached 9-5 MT (11-7 ET).
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, Jennifer Dieterle can be reached at (571) 270-7872. 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.
/PETER KEYWORTH/Primary Examiner, Art Unit 1777