SECOND SUBSTITUTE AMENDMENT AND RESPONSE UNDER37 C.F.R. § 1.111
`Serial Number: 13/247,241
`Filing Date: September 28, 2011
`Re-issue of U.S. Patent No. 7,670,495
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`Page 5
`Dkt: 3406.005USR
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`REMARKS
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`This Second Substitute Amendmentis submitted in place of the Substitute Supplemental
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`Amendment of September 23, 2014. This Substitute Supplemental Amendment followsthe
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`formalinstruction from the re-issue specialist and the examinerthat all claims not present in the
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`original patent are to be presented as underlined new claimsirrespective of whether they had
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`been presented in previous amendments during this reissue prosecution. These new claims are to
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`be consecutively numberedandare to include only the text proposed. Bracketing and
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`underlining of termsrelative to the terms of similar claims presented in prior amendments are not
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`to be made.
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`Applicant understands that amendments to original claims present in issued U.S. Patent
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`No. 7,670,495 are to be maderelative to the language presented in those issued claims
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`irrespective of intervening amendments. Because ofthe claim cancellations, the only original
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`claim remaining is claim 1. NO amendments have been madeto the original language of issued
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`claim | of the ‘495 patent.
`Applicant resubmits his supplemental Declaration of October 13" in regard to claimed
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`subject matter not covered by his original re-issue Declaration orhis first supplemental
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`Declaration. Applicant has reviewed and agrees with the language of the claims presented herein
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`as this claim language is the sameas the claim language of the Substitute Supplemental
`Amendmentof September 23". While the Declaration of October 13"refers to the “substitute
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`supplemental amendment submitted herewith”, this amendment had already been submitted to
`the PTO on September 23%", Applicant reviewed this Sept. 23" amendmentattendantto his
`signing of the October 13" Declaration. Because the proposedtexts of the claims ofthe
`September 23amendmentandthis current amendmentare the same, submission ofthis second
`substitute supplemental amendmentsimultaneously with the re-submission of the October 13”
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`Declaration perfects the Declaration statement regarding the “substitute supplemental
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`amendmentfiled herewith.”
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`In regard to the text of claim 13 and new claims 24-27, Applicant states the following.
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`Applicant has adopted certain language of main claim 13 to further characterize the
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`recited range of flow rate, amperage and voltage. The limitations relating to maximumsofflow
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`rate, amperage, and voltage have been clarified using the words “no greater than.” A device
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`SECOND SUBSTITUTE AMENDMENT AND RESPONSE UNDER37 C.F.R. § 1.111
`Serial Number: 13/247,241
`Filing Date: September 28, 2011
`Re-issue of U.S. Patent No. 7,670,495
`
`Page 6
`Dkt: 3406.005USR
`
`used in the method need not be capable of operating at the maximum but rather may be operated
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`at a value less than or equal to the recited values. The phrase “the water flowing into the inlet”
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`has been adopted to indicate that the water flowing into the inlet meets the conductivity
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`recitation.
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`New claims 24, 25, 26 and 27 are added as claims dependent from independent
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`claim 13. Claims 26 and 27 further distinguish the invention from arrangements in which
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`electrodes are positioned at or near the center of the housing. Such center positioning can hinder
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`a central water flow passage.
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`No new matter is added by claims 24-27. Claim 24 is supported by the specification at
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`3:13-14. Claim 25 recites the “surface tension” phrase relative to the text of claim 13 andis
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`supported by the specification at 4:27-41. Support for claims 26 and 27 can be found in FIG. 7A
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`and at column 9:5-18. FIG. 7A, for example, showsthe electrode positioning as recited by these
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`claims.
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`Applicant and Assignee submit that this reissue application is now in condition for
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`allowance. A favorable action upon reconsideration is respectfully requested.
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`CONCLUSION
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`Applicant respectfully submits that the pending claimsas presented are in condition for
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`allowance, and notification to that effect is earnestly requested. The Examineris invited to
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`telephone Applicant’s representative at (612) 373-6939 to facilitate prosecution of this
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`application.
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`If necessary, please charge any additional fees or deficiencies, or credit any
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`overpayments to Deposit Account No. 19-0743.
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`Respectfully submitted,
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`SCHWEGMAN, LUNDBERG & WOESSNER,P.A.
`P.O. Box 2938
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`Date OCtober 20, 2014
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