DETAILED ACTION
Claims 1-14 were filed with the amendment dated 07/30/2026.
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 .
Response to Arguments
Applicant’s amendments overcome the previously set forth specification objections.
Applicant’s arguments, see Remarks, filed 07/30/2026, with respect to the rejection(s) of claim(s) 1-5 and 7-14 under 35 USC 103 as being obvious over U.S. Pat. Pub. No. 2014/0138326 (“Boodaghians”) and U.S. Pat. Pub. No. 2020/0017371 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of U.S. Pat. Pub. No. 2017/0128859 (“Levitt”). Levitt discloses a filter coated with silver or PTFE.
Applicant further argues that Boodaghians and Gaedeker fail to teach or suggest an air flow limiting element that is configured to limit air flow from the grey water inlet line into the inner tank chamber within the filter wall (see Remarks at pages 14-15). Applicant states that the inlet restrictor 36 cannot be an “air flow limiting element” as claimed because the inlet restrictor 36 functions as a shut off valve (see Remarks at page 15). The examiner respectfully disagrees. Boodaghians is relied upon for disclosing an inlet restrictor 36 located at the inlet 30. The inlet restrictor 36 is disposed in the first connection for the grey water inlet line (near 30; see also annotated Figs below). The inlet restrictor 36 limits air flow from the grey water inlet line into the inner tank chamber within the filter wall during a process of grey water discharge by closing (Fig 1B; see also para [0029] “This keeps air from entering”). Inlet restrictor 36 may operate as a check valve, but inlet restrictor 36 still limits air flow and meets the claim recitations.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “functions as a functional component specifically designed to generate a pressure gradient for the cleaning of the blocked filter wall” – see page 15 of Remarks) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The rejection is maintained and made FINAL.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claims 1-5 and 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2014/0138326 (“Boodaghians”) in view of U.S. Pat. Pub. No. 2020/0017371 (“Gaedeker”) and U.S. Pat. Pub. No. 2017/0128859 (“Levitt”).
With regard to claim 1, Boodaghians discloses a grey water tank (Figs 1-8), comprising: a tank housing (housing of 14; para [016]) having an internal space for holding grey water (see Fig 1a), said tank housing having a tank housing bottom (bottom of 14), a tank housing top (at lid 44) and a tank housing side wall (see annotated Figs) extending between said tank housing bottom and said tank housing top (see Fig 1a) for defining said internal space; a filter wall (wall of 12/22) disposed inside said tank housing (14) between said tank housing bottom and said tank housing top (see Figs 1a) such that there is an inner tank chamber (treatment chamber 20, para [0018]) within said filter wall (wall of 12/22) and an outer tank chamber (outer portion of fluid reservoir of 14, see annotated Figs) between said filter wall (wall of 12/22) and said tank housing side wall (see annotated Figs), wherein said filter wall has a first, lower, permeable filter wall portion (bottom portion of wall of 12/22) and a second filter wall portion (portion of wall directly above bottom portion, see annotated Figs), a fill level sensor (34) system for detecting a fill level of said tank housing holding the grey water (para [0026]); a first connection (connection at 46, see annotated Figs), disposed on said tank housing top (44) in a region of said inner tank chamber (20), for connecting to a grey water inlet line (from 48) from at least one device (basin, shown in Fig 8) that discharges the grey water (see also para [0018]); a second connection (at 19/32) , disposed on said tank housing (housing of 14), for connecting to a grey water transfer line (line with P+A, see Fig 8) connected to at least one further device (device at A, see annotated Fig 8; “existing toilet” para [0043]) that uses a flushing liquid; a third connection (at 16), disposed on said tank housing bottom in a region of said inner tank chamber (20) (see annotated Figs), for connecting to a waste water line (line from 16 to 30, see annotated Figs) for discharging the grey water present in said tank housing (14) by means of a vacuum discharge system (30; para [0016]); and an air flow limiting element (36) disposed in said first connection (see Fig 1a) for the grey water inlet line, said air flow limiting element (36) configured to limit an air flow from the grey water inlet line into said inner tank chamber (20) within said filter wall (wall of 12/22) during a process of grey water discharge by means of the vacuum discharge system (30) (para [0029]: “Additionally, an inlet restrictor 36 located at the inlet 30 to the mixed fluid reservoir 14, closes during the backwash cycle as shown in FIG. 1B. This keeps air from entering on the fouled side of the filtering component 12”).
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Boodaghians discloses all the claimed features with the exception of disclosing said filter wall has said second filter wall portion with a lower microbiological settlement capacity than said first filter wall portion, said second filter wall portion being formed from a material to which microorganisms and/or dirt particles adhere poorly or not at all.
Gaedeker teaches that it is known in the art to modify a grey water tank system with a filter (at 6) to include first filter wall portion (bottom portion of 6) at a bottom portion of the filter wall, and a second filter wall portion (guiding sheet 26) adjacent the first filter wall portion with a lower microbiological settlement capacity (i.e., smoother/solid, see spec at para [0008]) than the first wall portion. The second filter wall portion is a solid wall without openings and, therefore, is smoother than the first portion/bottom that has openings.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add a guiding sheet portion/second filter wall portion, such as taught by Gaedeker in the filter of Boodaghians for the purpose of preventing unwanted flow of water and better control flow of water in filter (see Gaedeker at para [0072]: “a guiding sheet 26 which prevents the flow from flowing directly to the gap”).
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Boodaghians and Gaedeker disclose all the claimed features with the exception of disclosing aid second filter wall portion being formed from a material to which microorganisms and/or dirt particles adhere poorly or not at all. Gaedeker is silent as to the material of the second filter wall portion.
Levitt teaches that it is known in the art to modify a filter wall to include a material to which microorganisms and/or dirt particles adhere poorly or not at all (Gaedeker at para [0053]: “a filter material may be coated with silver for its antimicrobial properties or a composite containing PTFE for its low friction”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to make the second filter wall portion of Boodaghians/Gaedeker out of any suitable material, such as a material to which microorganisms and/or dirt particles adhere poorly or not at all as taught by Levitt, for the purpose of providing antimicrobial or low friction (see Levitt at para [0053]).
With regard to claim 2, Boodaghians discloses a controller (“automatic control” para [0027]), said flow limiting element (36) in said first connection (at 46) for the grey water inlet line (line from 48) is connected to said controller which activates said air flow limiting element (36) during an entirety of said process of grey water discharge by means of the vacuum discharge system (30) (“inlet restrictor 36 generally require power and operate automatically” para [0031]) or wherein said grey water tank furthermore has a filter block sensor system for detecting an at least partial blockage of said filter wall by contamination, and said air flow limiting element in said first connection for the grey water inlet line is connected to said controller which activates said air flow limiting element during the process of grey water discharge by means of the vacuum discharge system if said filter block sensor system detects an at least partial blockage of said filter wall; or wherein said air flow limiting element in said first connection for the grey water inlet line is a flexible rubber lip, such that the air flow limitation takes place passively without said controller.
With regard to claim 3, Boodaghians discloses at least one air inlet valve (vent 62) disposed in a region of said outer tank chamber (20) on said tank housing top (lid 44) or said tank housing side wall and is configured, when opened, to allow ambient air to flow into said outer tank chamber (para [0029] and Fig 6).
With regard to claim 4, Boodaghians discloses that said filter wall (wall of 12/22) furthermore has, in a region facing said tank housing top (lid 44), a third, upper, permeable filter wall portion adjacent to said second filter wall portion (portion of wall above second portion identified in annotated Figs).
With regard to claim 5, Boodaghians discloses that said first, lower, permeable filter wall portion of said filter wall (bottom portion of filter wall, see annotated Figs) corresponds to a region that is wetted most frequently by the grey water (at bottom, so due to gravity is most frequently contacted by the grey water); said third filter wall portion of said filter wall corresponds to a region that is wetted only occasionally by the grey water (because third portion is at top near lid 44 and, due to gravity, would be filled last so contacted the least); and said second filter wall portion (middle portion of filter wall 12/22) of said filter wall corresponds to a region that is wetted often by the grey water (as so broadly recited, the middle portion is wetted more than the top portion, less than the bottom portion).
With regard to claim 7, Boodaghians discloses that said filter wall (wall of 12/22) is an expandable configuration, at least in part (as shown in Fig 4A-4C, filter wall can be expandable; “deformable”, para [0020]).
With regard to claim 8, Boodaghians discloses that said filter wall (wall of 12/22) has, in a region facing said tank housing bottom, said first, lower permeable filter wall portion (bottom portion of filter wall) which is at least in part inclined outward in a direction toward said tank housing bottom and/or is of irregular shape (as best shown in Fig 4A, bottom portion is deformed outwardly and therefore irregular shape and inclined outward).
With regard to claim 9, Boodaghians discloses all the claimed features with the exception of disclosing a fourth connection for connecting to a fresh water inlet line leading to a fresh water tank, said fourth connection disposed on said tank housing top or said tank housing side wall in a region of said outer tank chamber.
Gaedeker teaches that it is known in the art to modify a grey water tank (Fig 1) to include a fourth connection (at 12) for connecting to a fresh water inlet line (32) leading to a fresh water tank (source from 31), said fourth connection disposed on said tank housing top (housing top, see Fig 1) or said tank housing side wall in a region of said outer tank chamber (at 18, see Fig 1; para [0084]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add a fourth connection with a fresh water inlet line, such as taught by Gaedeker, to the grey water tank of Boodaghians for the purpose of providing fresh water to the grey water tank as necessary for cleaning (see Gaedeker at para [0007]).
With regard to claim 10, Boodaghians (as modified in claim 9 with Gaedeker) discloses all the claimed features with the exception of disclosing a fifth connection, disposed on said tank housing side wall, for connecting to a grey water discharge line for discharging excess said grey water in said tank housing.
Gaedeker teaches that it is known in the art to modify a grey water tank (Fig 1) to include a fifth connection (at 23) on the tank housing side wall (see Fig 1) for connecting to a grey water discharge line (overflow discharge line 43) for discharging excess said grey water in said tank housing (see para [0071] and [0081]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add a fifth connection to connect to a grey water discharge line, such as taught by Gaedeker, to the grey water tank of Boodaghians, for the purpose of emptying the grey water tank if the tank becomes too full (see Figs 1 and 3; see also paras [0071] [0081]).
With regard to claim 11, Boodaghians discloses that said fill level sensor (34) system has a first fill level sensor in said outer tank chamber and a second fill level sensor in said inner tank chamber (para [0026]: “One or more level sensors 34 may be used to communicate the availability of treated water or accumulation of influent fluid”). Boodaghians shows fill level sensor (34) is in the outer tank chamber and would be for “treated water” and the disclose of a sensor for “accumulation of influent fluid” would be for the inner tank chamber (see para [0026]).
With regard to claim 12, Boodaghians (as modified by Gaedeker above for claim 10) discloses a grey water system, comprising: a grey water inlet line (at 48/sink basin D, see Figs 1 and 8); at least one device (sink basin D, para [0018]); said grey water tank according to claim 10 (see above with respect to claim 10), said grey water tank (14) connected via said grey water inlet line (line from 48) to said at least one device (sink basin D) that discharges grey water; a vacuum discharge system (30) for discharging the grey water from said grey water tank (para [0016]); a grey water transfer line (from P to A, see Fig 8); at least one further device (toilet at A in Fig 8) which uses the flushing liquid and is connected via said grey water transfer line (line along P to A) to said grey water tank (14); and a controller (“automatic control” para [0027]) for controlling said vacuum discharge system (30) and said air limiting element (36) in said first connection (at 46) for said grey water inlet line (“inlet restrictor 36 generally require power and operate automatically” para [0031]; i.e., requires controller) and a transfer of the grey water via said grey water transfer line (line from P to A), depending in each case on the fill level of said grey water tank (see para [0027]).
With regard to claim 13, Boodaghians (as modified by Gaedeker above for claim 12) discloses said controller (para [0027]) is furthermore configured to control said at least one air inlet valve (62) in the region of said outer tank chamber (14) of said grey water tank (automatic control of the entire fluid reservoir would include inlet valve, see para [0027]) and/or said valve in said fourth connection connected to said fresh water inlet line for letting fresh water into said grey water tank and/or said overflow valve in said fifth connection connected to said grey water discharge line or in said grey water discharge line for discharging excess said grey water in said tank housing.
Boodaghians (as modified above for claim 12) discloses all the claimed features with the exception of disclosing a valve disposed in said fourth connection; further comprising a fresh water inlet line connected to said fourth connection; further comprising an overflow valve disposed in said fifth connection; further comprising a grey water discharge line connected to said fifth connection.
Gaedeker teaches that it is known in the art to modify a grey water tank to include a valve (blocking member 35; para [0081]) disposed in said fourth connection (at 12); further comprising a fresh water inlet line (32) connected to said fourth connection (para [081]); further comprising an overflow valve (non-return valve 46 para [0081], shown in Fig 4)) disposed in said fifth connection (at 23); further comprising a grey water discharge line (42) connected to said fifth connection (see Fig 4).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add a valve in the fourth connection and a fresh water line, as well as an overflow valve in the fifth connection with a grey water discharge connected to the fifth connection, such as taught by Gaedeker, to the system of Boodaghians, for the purpose of emptying the grey water tank if the tank becomes too full (see Figs 1 and 3; see also paras [0071] [0081]) and for the purpose of providing fresh water to the grey water tank as necessary for cleaning (see Gaedeker at para [0007]).
With regard to claim 14, Boodaghians discloses a waste water line (from 16 towards 30, see annotated Figs); and wherein said at least one further device (toilet at A, see annotated Figs) that uses the flushing liquid and is connected to said grey water tank (14) also has a connection (from outlet of toilet at A toward line connecting to 30, see annotated Figs) connected to said waste water line (line toward 30) for discharging the waste water by means of said vacuum discharge system (30, see Fig 8).
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose or render obvious “said tank housing bottom and said tank housing top together define a free support arrangement, said filter wall is mounted in said free support arrangement formed on said tank housing bottom and on said tank housing top, making it freely movable relative to said tank housing” (claim 6) in combination with the other limitations set forth in the independent claim.
The closest prior art references of record are U.S. Pat. Pub. No. 2014/0138326 (“Boodaghians”) and U.S. Pat. Pub. No. 2020/0017371 (“Gaedeker”). Boodaghians does not teach that the filter wall is in a free support arrangement or can move at all. The filter wall is fixed (see Fig 1). Gaedeker discloses that portions of the filter wall can move, but the movement is not “freely movable” as required. Rather, the filter wall can only movie via a lifting cylinder/actuator (48). It would not have been obvious to modify Boodaghians or Gaedeker to arrive at the claimed invention without improperly changing the principle of operation of each or without improper hindsight reasoning.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA CAHILL whose telephone number is (571)270-5219. The examiner can normally be reached Mon-Fri: 6:30 to 3:00.
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/JESSICA CAHILL/Primary Examiner, Art Unit 3753
