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 .
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.
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.
Claims s 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/097091 A1 in view of Hickey (US 2023/0278880), for the reasons of record.
Response to Arguments
Applicant’s argument, that Hickey summarizes the disclosed method as “recovering ammonia bicarbonate from a biogas and digestate liquor, and requires the addition of carbon dioxide to a lean scrubbing solution to yield a carbon dioxide rich scrubbing solution, with the sole source of the added carbon dioxide disclosed as derived from the biogas, is not convincing. Hickey discloses in Paragraph [0020] an expanded embodiment in which ammonium bicarbonate is recovered from an ammonia rich digester liquor that also contains dissolved carbon dioxide produced by an anaerobic digester. Hickey further teaches in Paragraph [0021] that in this embodiment the stripper gas comprises ammonia and carbon dioxide, and in Paragraph [0022] that this stripper gas contacts the carbon dioxide rich scrubbing solution which is cooled to promote precipitation of ammonium bicarbonate. There appear to be no use of carbon dioxide derived from a biogas in this “expanded embodiment” of Hickey.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LANGEL whose telephone number is (571) 272-1353. The examiner can normally be reached Monday through Friday from 8:15 am to 4:15 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LANGEL/Primary Examiner, Art Unit 1736
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