DETAILED ACTION
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 .
Election/Restrictions
Claims 3, 9, 36-44 and 56 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species or invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/17/2025.
Applicant’s election without traverse of Group I, the aeration apparatus being upstream from the cooling apparatus, and the one or more heat pipes as the type of heat exchanger in the reply filed on 11/17/2025 is acknowledged.
Note: Claims 36-44 and 56 have further been cancelled.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 4 states “external loops”. Examiner believes this is a typographical error and should read “external loop”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stich (US3068155A).
Regarding Claim 1, Stich teaches the following:
A quantity of yeast-containing mass is at rest in a tank 1 (col 2, line 7-8)(a fermentation system comprising a fermentation vessel)
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An external loop (10, 10’, 13, 12, and 4 in Fig. 1) in fluid communication with the fermentation vessel (Fig. 1, below)
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The external loop comprises one or more inlet ports, one or more pumps (9) in fluid communication with the one or more inlet ports to pump fermentation broth from the fermentation vessel and one or more outlet ports to reintroduce the fermentation broth into the fermentation vessel, a cooler 13 (cooling apparatus) and an aerator 4 in fluid communication with the cooling apparatus (see annotated Fig. 1, below)
Regarding Claim 2, Stich teaches all of the limitations of Claim 1 (see above). Stich further teaches the aeration apparatus to be upstream from the cooling apparatus 13 and pump 9 (see Fig. 1, above).
Regarding Claim 4, Stich teaches all of the limitations of Claim 1 (see above). Stich further teaches the diaphragm (part of the aerator) is supplied with gas or air which enters through the pores of the diaphragm into the passing mash (col 2, lines 16-19)(the aeration apparatus is configured to introduce an oxygen-containing gas into the fermentation broth, wherein the oxygen-containing gas comprises purified oxygen, air, or mixtures of oxygen with other gases).
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Regarding Claim 7, Stich teaches all of the limitations of Claim 1 (see above). Stich further teaches the inlet of the cooling apparatus is in fluid communication with the outlet of the pump (see Fig. 1, below) and the cooling apparatus comprises one or more tubes (as seen in Fig. 1, below) through which fermentation broth can flow and the cooler is for regulating the temperature of the mash (col 2, lines 43-44)(heat exchanger in thermal communication with one or more tubes).
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.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Stich (US3068155A). in view of Nakao (US10596528B2).
Regarding Claims 5 and 6, Stich teaches all of the limitations of Claim 1 (see above). Stich does not explicitly teach the aeration apparatus to be a jet aerator, a surface aerator, or a fine bubble aerator.
Nakao teaches a nanobubble producing apparatus (fine bubble aerator) for use in liquid vats (col 6, lines 15-20). Nakao further teaches the nanobubbles have a median particle diameter to be equal to about 100 nm or less (col 4, lines 27-28) and the nano bubble producing apparatus can produce bubbles containing gasses such as oxygen (col 6, lines 63-66).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Stich with the nanobubble producing apparatus as taught by Nakao. One would have been motivated to make this modification as it would have provided effective aeration of the fermentation system of Stich with uniform diameter bubbles that allow for reproducible oxidation reactions (col 2, lines 7-20).
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Stich (US3068155A) in view of Mothes et al. (WO2008092575A1).
Regarding Claim 8, Stich teaches all of the limitations of Claim 7 (see above). Stich does not explicitly teach the heat exchanger to comprise one or more heat pipes, wherein a proximal end of at least one heat pipe is in thermal communication with the one or more tubes, and wherein a distal end of the at least one heat pipe is in thermal communication with a coolant.
Mothes teaches alcoholic fermentation using columns (vessels)(page 4). Mothes further teaches a reinforcement section 31b (designed as a heat exchanger) to have a proximal end [bottom of 31b] in thermal communication with the tube of mash and a distal section [top of 31b] in thermal communication with the coolant in the cooling device 33 and the heat exchanger is in the form of heat pipes (page 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the heat exchanger of Stich with the heat exchanger as taught by Mothes. One would have been motivated to make this modification as the energy input to the heating device is greatly reduced (page 8).
Regarding Claim 10, Stich in view of Mothes teaches all of the limitations of Claim 8 (see above). Mothes further teaches the cooling fluid to be cooling water (chilled water)(page 7) and a cooling device 33 connected to the refining section 31b (heat exchanger)(page 8)(the coolant is in thermal communication with a chiller to maintain a temperature of the coolant below the temperature of the broth).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN E LEPAGE whose telephone number is (571)270-3971. The examiner can normally be reached 8:30-5:30 ET.
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/J.E.L./Examiner, Art Unit 1796
/ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796