DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 21 August 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1-8, 10-16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Berlowitz (US 20130095544) in view of Yang (TW 201503575)1 and Barr (US 20180366654).
With respect to claims 1 and 21, Berlowitz discloses a bioreactor system comprising a bioreactor (Figure 1:100) configured as a raceway pond. The bioreactor is configured to cultivate at least one species of phototrophic organisms in a growth media. This is taught in paragraphs [0018]-[0024]. Paragraphs [0065]-[0067] state that portions of the bioreactor are covered using one or more organic photovoltaic panels positioned between the bioreactor and a light source (e.g., sun). Berlowitz teaches that the organic photovoltaic panels may be characterized by some degree of transparency to visible light (“The effect of reducing the width of these structures is that they can, when sufficiently small, appear largely transparent”). Berlowitz further states that the organic photovoltaic panels may also block light of certain wavelengths (“resulting cover portion or module can both collect solar energy and enhance algae growth by reducing the overall intensity of light”). Berlowitz, however, does not provide a direct statement indicating that the organic photovoltaic panels transmit visible light (i.e., are transparent) while also absorbing ultraviolet light and infrared light.
Yang discloses a bioreactor system comprising a bioreactor configured to cultivate at least one species of phototrophic organisms (e.g., algae) in a growth medium. Yang states that one or more organic transparent photovoltaic panels are positioned between the bioreactor and a light source. See Fig. 1. The panels transmit select wavelengths of visible light and absorb select wavelengths of ultraviolet light and infrared light (“The TOPV unit will primarily use solar radiation that is not important for germ growth. For example, solar fuel cells based on algae/blue-green bacteria will primarily use radiation in the 400 to 700 nm range” and “a copolymer according to some embodiments of the present invention may use a copolymer such as PBDTT-DPP…It mainly absorbs near-infrared (NIR) and ultraviolet (UV) regions to convert light energy into electricity. Thus, when a transparent electrode (such as a silver nanowire (AgNW)) or a transparent conductive oxide (TCO) electrode is incorporated to form a battery/module, the visible region will remain highly transparent. Therefore, it is not necessary to break the power generation and light transmission”).
Barr discloses the state of the art regarding organic transparent photovoltaic panels. Barr states in paragraphs [0098]-[0104] and [0120] that different donor/acceptor configurations are used to create a photo active layer (Figure 1:140) configured to transmit visible light while strongly absorbing ultraviolet light and infrared light (“various materials may be used as the photoactive layers 140, such as materials that absorb in the ultraviolet band or the near-infrared band but that only absorb minimally, if at all, in the visible band”). See also Figs. 1A, 2 and 6.
Before the effective filing date of the claimed invention, it would have been obvious to ensure that the Berlowitz organic photovoltaic panels are configured to transmit visible light while absorbing select wavelengths of ultraviolet light and select wavelengths of infrared light. Yang teaches that phototrophic microorganisms typically require light with wavelengths between about 400 to 700 nm, and that UV and IR light is generally undesired and may negatively affect algae growth. One of ordinary skill would therefore want to select panels that transmit required visible light for photosynthesis while absorbing UV and IR light for the purpose of generating electricity and blocking harmful radiation (i.e., “reducing the overall intensity of light”, as recognized by Berlowitz).
With respect to limitations requiring the panels to “absorb at least 80% of select wavelengths of ultraviolet light and absorb at least 80% of select wavelengths of infrared light”, it is noted that Barr teaches a variety of donor and acceptor molecules that absorb UV and NIR light, and it is understood that at least some of these molecules have a peak absorption of at least 80% of at least one UV wavelength and at least one IR wavelength (“select wavelengths”). Indeed, paragraph [0097] expressly states that photoactive materials in the panels exhibit high absorbance in the near-infrared and ultraviolet regions – such as absorbance peaks of greater than 80%. It is additionally noted that paragraph [0028] of Applicant’s printed publication states that the claimed organic transparent photovoltaic panels are obtained from known commercial suppliers. Accordingly, it is understood that prior art organic transparent photovoltaic panels, such as those exemplified by Barr, “absorb at least 80% of select wavelengths of ultraviolet light and absorb at least 80% of select wavelengths of infrared light”, are commercially available, and would be readily incorporated into the Berlowitz system to produce predictable results.
With respect to claim 2, Berlowitz, Yang and Barr disclose the combination as described above. Berlowitz and Yang each teach a bioreactor having transparent walls. See, for example, paragraphs [0040-[0047] of Berlowitz.
With respect to claim 3, Berlowitz, Yang and Barr disclose the combination as described above. Berlowitz teaches in paragraph [0006] that a bioreactor should be sealed to prevent contamination. Those of ordinary skill would understand how to hermetically seal the organic transparent photovoltaic panel of Berlowitz to the bioreactor body.
With respect to claim 4, Berlowitz, Yang and Barr disclose the combination as described above. Berlowitz discloses that the organic transparent photovoltaic panel is removably coupled to the bioreactor in paragraphs [0066] and [0067].
With respect to claim 5, Berlowitz, Yang and Barr disclose the combination as described above. Berlowitz discloses that the bioreactor is a raceway pond in at least paragraph [0020].
With respect to claim 6, Berlowitz, Yang and Barr disclose the combination as described above. Yang shows a tubular bioreactor in at least Fig. 1. Those of ordinary skill would have recognized that a tubular bioreactor, often configured by welding the edges of plastic sheets, may be readily sealed to reduce evaporation and contamination.
With respect to claim 7, Berlowitz, Yang and Barr disclose the combination as described above. As discussed above, Berlowitz and Yang teach that the select wavelengths of visible light comprise or consist of wavelengths of light that contribute to the growth of the phototrophic organism.
With respect to claim 8, Berlowitz, Yang and Barr disclose the combination as described above. Berlowitz, Yang and Barr each teach organic transparent photovoltaic panels that are optically clear and transmit up to 70% of visible light.
With respect to claim 10, Berlowitz, Yang and Barr disclose the combination as described above. Berlowitz discloses wherein the absorbed infrared radiation is used to produce electricity in at least paragraphs [0066] and [0067]. Yang and Barr also teach the state of the art regarding the primary purpose of photovoltaic panels being electricity production.
With respect to claim 11, Berlowitz, Yang and Barr disclose the combination as described above. Berlowitz further discloses in paragraph [0067] that the electricity produced by the panels is sufficient to power all other components of the bioreactor system.
With respect to claims 12-14, Berlowitz, Yang and Barr disclose the combination as described above. By selectively absorbing IR and UV light, the modified Berlowitz panels would reduce radiation heat transfer and photodamage to cells.
With respect to claim 15, Berlowitz, Yang and Barr disclose the combination as described above. Barr teaches in paragraphs [0109] and [0114] that power conversion efficiency may be improved by reducing “travel distance” for charge carriers and through the selection of optimal materials.
With respect to claim 16, Berlowitz, Yang and Barr disclose the combination as described above. Yang shows at least one embodiment in Fig. 1 where light irradiates the panel at an angle of about 90 degrees.
Response to Arguments
In response to Applicant’s amendment filed 16 September 2025, the previous rejection involving Berlowitz has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of the combination of Berlowitz with Yang and Barr.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Lunt (US 20180248064) reference teaches the state of the art regarding organic photovoltaic panels that transmit visible light and absorb UV and IR light.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN ANDREW BOWERS whose telephone number is (571)272-8613. The examiner can normally be reached M-F 7am-5pm.
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, Michael Marcheschi can be reached at (571) 272-1374. 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.
/NATHAN A BOWERS/Primary Examiner, Art Unit 1799
1 See provided English translation