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
Applicant’s election without traverse of Group 1 and Species A2, the method for producing a fertilizer composition wherein step (b)(iii) is carried out after steps (b)(i) and (b)(ii) (claims 1-10 and 12-13) in the reply filed on 11/17/2025 is acknowledged.
Claims withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/.
Claim Objections
Claim 10 is objected to due to inappropriate spacing: “the method according to claim1which . . .” (line 1 of the claim). 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Joseph (U.S. Patent Pub. No. 2012/0125064 A1, hereinafter “Joseph”).
Regarding claim 1, Joseph teaches a method of producing a fertilizer composition e.g., a process for making a biochar-containing composition to fertilize plants) [Joseph Para. 0072 & Claim 66], the method comprising:
Providing a composition comprising ammonia (e.g., biochar treated with concentrated ammonia) [Para. 0134];
Contacting the composition provided in step (a) with (i) a composition comprising carbon dioxide (e.g., heated carbon dioxide gas may be at least partially incorporated into the mixture) [Joseph Para. 0138] (ii) a source of sulfate ion (e.g., the composition contains at least one mineral such as calcium, potassium, manganese, magnesium or their sulphates, or chloride, oxide, hydroxide, or carbonate salts and rare earth metals and sulphates) [Joseph Para. 0039], and (iii) cellulosic fibers (e.g., the biochar may contain weeds and/or green matter such as green waste or garden clippings) [Joseph Para. 0027].
Regarding claim 4, Joseph teaches the method wherein the composition comprising
carbon dioxide used in step (b)(i) is a gaseous composition (e.g., heated carbon dioxide gas may be at least partially incorporated into the mixture) [Joseph Para. 0138].
Regarding claim 6, Joseph teaches the method wherein the composition comprising
carbon dioxide comprises biogas (e.g., the gas may be an exhaust gas from the torrefier, or an exhaust gas from a separate process such as a combustion or pyrolysis process, and it may in particular be the exhaust gas from the production of the biochar; these are regarded as reading on biogas) [Joseph Para. 0138].
Claim(s) 1-7, 9-10, and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hammond (International Patent Pub. No. 2018/127694 A1, hereinafter “Hammond”).
Regarding claim 1, Hammond teaches a method of producing a fertilizer composition [Hammond Abstract], the method comprising:
Providing a composition comprising ammonia (e.g., providing a first composition comprising an amino compound, and this composition also comprises ammonia) [Hammond Abstract & Page 1 lines 25-30];
Contacting the composition provided in step (a) with (i) a composition comprising carbon dioxide (e.g., the composition provided in step (a) is contacted with a composition comprising carbon dioxide) [Hammond Abstract], (ii) a source of sulfate (e.g., contacting the composition in step (a) with certain sources of gas in step (b) advantageously provides for additional nutrients in the final fertilizer composition in the form of sulfates and nitrates) [Hammond Page 3 lines 20-25], and (iii) cellulosic fibers (e.g., cellulosic fibers are added) [Hammond Abstract].
Regarding claim 2, Hamond teaches the method wherein the composition provided in step (a) comprises an anerobic digestate (e.g., the composition providing the amino compound in step (a) can be an anaerobic digestate) [Hammond Abstract & Page 2 lines 4-5].
Regarding claim 3, Hamond teaches the method wherein the composition provided in step (a) comprises an anerobic digestate (e.g., the composition providing the amino compound in step (a) can be an anaerobic digestate) [Hammond Abstract & Page 2 lines 4-5] and 30 to 40 wt. % ammonia (e.g., the composition in step (a) comprises preferably 30 to 40 wt. % ammonia) [Hammond Page 2 lines 36-37].
Regarding claim 4, Hammond teaches the method wherein the composition comprising carbon dioxide used in step (b)(i) is a gaseous composition (e.g., the composition comprising carbon dioxide may be in gaseous form) [Hammond Page 3 lines 9-12].
Regarding claim 5, Hammond teaches the method wherein the composition comprising carbon dioxide comprises the exhaust gases from the combustion of a fossil fuel (e.g., the source of carbon dioxide can be exhaust gas from the combustion of fossil fuel) [Hammond Page 3 lines 15-20].
Regarding claim 6, Hamond teaches the method wherein the composition comprising carbon dioxide comprises biogas (e.g., the source of carbon dioxide can be biogas) [Hammond Page 3 lines 25-30].
Regarding claim 7, Hammond teaches the method wherein step (b)(iii) involves adding a compost material comprising cellulosic fibers to the mixture obtained in step (a) (e.g., the cellulose composition can comprise partially decomposed organic matter such as compost) [Hammond Page 5 lines 39-40 & Page 6 lines 1-6].
Regarding claim 9, Hammond teaches the method further involving adding a source of nitrate ions (e.g., the method may further involve adding a source of nitrate ion at any stage) [Hammond Page 7 lines 10-15].
Regarding claim 10, Hammond teaches the method further involving adding a source of phosphorus (e.g., the method may further involve adding a source of phosphorus at any stage) [Hammond Page 8 lines 20-25].
Regarding claim 12, Hammond teaches the method wherein step (b)(iii) is carried out after step (b)(i) and step (b)(ii) (Hammond discloses step (c), the final step, being the addition of the cellulosic fibers to the composition obtained in step (b), which has already been contacted with the gases) [Hammond Abstract & Page 5 lines 35-36].
Regarding claim 13, Hammond teaches the method further involving a step of pelletizing the material obtained (e.g., the material obtained can be further processed and pelletized) [Hammond Page 9 lines 5-15].
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammond as applied to claim 1 above, and further in view of Cisneros (U.S. Patent Pub. No. 2011/0283759 A1, hereinafter “Cisoneros”).
Regarding claim 8, Hammond teaches the method wherein the final product can contain sulfate ions (e.g., contacting the composition in step (a) with certain sources of carbon dioxide gas in step (b) advantageously provides for additional nutrients in the final fertilizer composition in the form of sulfates and nitrates) [Hammond Page 3 lines 20-25], but does not explicitly disclose the inclusion of gypsum in the fertilizer. However, Cisneros teaches that gypsum is a standard and advantageous ingredient in pelletized fertilizers [Cisneros Abstract & Para. 0118]. Gypsum improves the physical characteristics of soil [Cisneros Para. 0005] and has advantageous solubility properties which lead to slow release of the nutrients contained therein [Cisneros Para. 0116] including calcium and sulfur [Cisneros Para. 0033 & 0034]. Further, Cisneros combines gypsum with organic waste [Cisneros Abstract], and Hammond also implements organic waste [Hammond Page 5 lines 39-40 & Page 6 lines 1-6]. As such, in performing the method of Hammond, one of ordinary skill in the art would look to Cisneros and readily appreciate the advantages of further including gypsum in order to afford a fertilizer with improved solubility and nutrient release characteristics. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in performing the method of Hammond to include gypsum as taught by Cisneros.
Conclusion
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/H.E.R./Examiner, Art Unit 1731
/JENNIFER A SMITH/Primary Patent Examiner, Art Unit 1731