FARM PILOT PROJECT COORDINATION, INC.Download PDFPatent Trials and Appeals BoardMay 20, 20202019004378 (P.T.A.B. May. 20, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/355,712 11/18/2016 Robert P. CARNAHAN 0121803_CIP1 7654 73325 7590 05/20/2020 Matthew G. McKinney Allen, Dyer, Doppelt & Gilchrist, P.A. 255 South Orange Avenue Suite 1401 Orlando, FL 32801 EXAMINER KEYWORTH, PETER ART UNIT PAPER NUMBER 1777 NOTIFICATION DATE DELIVERY MODE 05/20/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): creganoa@allendyer.com mmckinney@allendyer.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte ROBERT P. CARNAHAN, CHRISTOPHER C. TUBBS, and NIDAL SAMAD Appeal 2019-004378 Application 15/355,712 Technology Center 1700 Before JEFFREY T. SMITH, BEVERLY A. FRANKLIN, and BRIAN D. RANGE, Administrative Patent Judges. RANGE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–9, 11–15, and 19. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as Farm Pilot Coordination, Inc. Appeal Br. 2. Appeal 2019-004378 Application 15/355,712 2 CLAIMED SUBJECT MATTER2 Appellant describes the invention as relating to a method and system for treating agricultural and industrial wastewater with reduced retention time. Spec. ¶ 3. Claim 1 is illustrative, and we reproduce claim 1 below and add emphasis to certain key recitations: 1. A system of treatment of wastewater, the system comprising: a chemical feed system configured to add acids, bases, or any combination thereof, to adjust a pH of a wastewater; a coagulant feed system coupled to the chemical feed system and configured to add a coagulant to the wastewater to produce carbon dioxide to buoy up coagulated solids; a separator coupled to the coagulant feed system and having interior sidewalls and a lower settling zone configured to collect settled solids and an upper flotation zone to collect the coagulated solids buoyed up by the carbon dioxide by reacting the coagulant with the wastewater; and an effluent collection system in fluid communication with the separator; wherein the separator comprises a weir and a floatation hood, the floatation hood having an outer lower edge touching the interior sidewalls and defining a lower opening that spans across a width of the separator and sidewalls that extend upwards from a lower opening to an upper orifice having a diameter less that the lower opening to define an angle of inclination, the upper orifice positioned below a top of the weir located at a top of the separator and the weir is coupled to the effluent collection system; wherein the separator comprises at least one upper effluent orifice at a constant depth below the lower opening of the floatation hood and above the bottom of the separator to 2 In this Decision, we refer to the Final Office Action dated May 24, 2018 (“Final Act.”), the Appeal Brief filed November 20, 2018 (“Appeal Br.”), the Examiner’s Answer dated March 14, 2019 (“Ans.”), and the Reply Brief filed May 14, 2019 (“Reply Br.”). Appeal 2019-004378 Application 15/355,712 3 remove clarified effluent, and an influent orifice formed in the interior sidewalls below the outer lower edge of the floatation hood. Appeal Br. 12 (Claim App.). The two other independent claims on appeal, claims 13 and 19 include recitations substantively similar to the recitation we emphasize above. REFERENCES The Examiner relies upon the prior art below in rejecting the claims on appeal: Name McAninch et al. (“McAninch”) Keeter et al. (“Keeter”) Stewart Matsufuji et al. (“Matsufuji”) Reference US 4,744,903 US 4,994,179 US 7,344,647 B2 WO 2011/007837 A1 Date May 17, 1988 Feb. 19, 1991 Mar. 18, 2008 Jan. 20, 2011 REJECTIONS The Examiner maintains (Ans. 3) the following rejections on appeal: A. Claims 1–3, 5–9, 11, and 12 under 35 U.S.C. § 103 as obvious over Keeter in view of McAninch and Matsufuji. Final Act. 2. B. Claim 4 under 35 U.S.C. § 103 as obvious over Keeter in view of McAninch, Matsufuji, and Stewart. Id. at 7. C. Claims 13–15 and 19 under 35 U.S.C. § 103 as obvious over Keeter in view of Matsufuji. Id. Appeal 2019-004378 Application 15/355,712 4 OPINION The Examiner has the initial burden of establishing a prima facie case of obviousness under 35 U.S.C. § 103. In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992) (“[T]he examiner bears the initial burden, on review of the prior art or on any other ground, of presenting a prima facie case of unpatentability.”). To establish a prima facie case of obviousness, the Examiner must show that each and every limitation of the claim is described or suggested by the prior art or would have been obvious based on the knowledge of those of ordinary skill in the art or the inferences and creative steps a person of ordinary skill in the art would have employed. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007); In re Fine, 837 F.2d 1071, 1074 (Fed. Cir. 1988). To resolve the issues before us on appeal, we focus on the Examiner’s findings and determinations that relate to the error Appellant identifies. The Examiner finds that Keeter teaches a wastewater treatment system with a separator meeting most of the separator recitations of claims 1, 13, and 19. Final Act. 2, 7–8. The Examiner finds that Keeter teaches an annular space between the hood and the sidewalls of the separator and, thus, does not teach an outer lower edge touching the sidewalls. Id. at 3, 8. The Examiner finds that Matsufuji teaches a similar vessel with a hood that touches interior sidewalls of the separator. Id. The Examiner provides a reason to combine the teachings of Matsufuji and Keeter as follows: [Matsufuji’s] design securely connects the hood to the separator and allows for separation of the fluid exiting the top of the hood from the main fluid if that is desired. Thus, it would have been obvious to modify the hood of Keeter to touch the sidewalls of the separator in order to securely place the hood within the Appeal 2019-004378 Application 15/355,712 5 separator and to separate the fluid passed through the hood from the main fluid. Id. at 3. Appellant argues that the Examiner has not provided an adequate reason why a person of skill in the art would have modified the Keeter separator so that its hood touches the separator’s sidewalls. Appeal Br. 7–9. Appellant’s argument persuades us of error. The gap between Keeter’s hood and sidewalls is illustrated by Keeter Figure 2 which we reproduce below. Keeter Figure 2 is a sectional view of Keeter’s separator. Keeter 3:29–30. Keeter explains that its hood 80 is sized to form small annular passageway 86. Keeter 5:4–7 (“The outer diameter of the edge 82 hood 90 is less than the inside diameter of the separator shell 50 but is greater in diameter than Appeal 2019-004378 Application 15/355,712 6 the hydrocyclone 66 thus forming a small annular passageway 86.”); see also id. at 2:11–14 (referencing the “annular passageway” in summary of the invention). Although we agree with the Examiner that Keeter does not explicitly state the purpose or need for the annular passageway (Ans. 4), Keeter as a whole suggests that inclusion of the annular passageway is of some importance. As explained above, Keeter explicitly references the passageway in both its figure and its text. Moreover, Appellant and the Examiner agree that elimination of Keeter’s annular passageway 86 by extension of Keeter’s hood 90 to its separator shell 50 would affect the fluid flow of the Keeter process. Appeal Br. 9–10 (providing a theory as to how modification of Keeter would affect fluid flow); Final Act. 3 (stating that modification of Keeter would serve to “separate the fluid passed through the hood from the main fluid”). For example, it is possible that, if one were to eliminate annual passageway 86 from Keeter’s apparatus, any heavier contaminants that flow upwards through hydrocyclone cylinder 66 and conduit 88 would then fall to the base and build up at the base of hood 80 and with no means of escape. Keeter Fig. 2. Matusfuji, in contrast, provides froth recovery port 17 to avoid build up at the base of its recovery tray 16. Matsufuji ¶ 27; Fig. 1. The Examiner states that a person of skill in the art would have modified Keeter to “allow[] for separation of the fluid exiting the top of the hood [from] the main fluid if that is desired,” but the Examiner does not indicate why a person of skill in the art would have desired such a separation. Final Act. 3 (emphasis added). Indeed, Keeter suggests such a separation is not desired by implying that annular passageway 86 has some Appeal 2019-004378 Application 15/355,712 7 importance to Keeter’s operation. See, e.g., Keeter Fig. 2, 2:11–14, 5:4–7. The evidence does not support that a person of skill in the art would have changed Keeter to separate fluids exiting the top of the hood from the main fluid without having a reason to do so. Because the preponderance of the evidence does not adequately support the Examiner’s stated rationale for modification of Keeter based on Matsufuji, we do not sustain the Examiner’s rejections. CONCLUSION In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–3, 5–9, 11, 12 103 Keeter, McAninch, Matsufuji 1–3, 5–9, 11, 12 4 103 Keeter, McAninch, Matsufuji, Stewart 4 13–15, 19 103 Keeter, Matsufuji 13–15, 19 Overall Outcome 1–9, 11– 15, 19 REVERSED Copy with citationCopy as parenthetical citation