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 .
Response to Arguments
Applicant’s arguments filed 06/10/2026 have been fully considered but they are not persuasive.
In light of the current claim amendments, a new grounds of rejection follows. While the new grounds of rejection use the same references, the references are interpreted in a different light in view of the amended claims.
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 1-4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Melchiorri US 2019/0316067 cited in the IDS filed 04/05/2023.
Regarding claim 1, Melchiorri discloses a microalgae system, comprising: a microalgae storage tank adapted to store microalgae cultures (The liquid media (12) comprising a photosynthetic microorganism in a reservoir 71 is conveyed by a pump (72) into a rectangular PBR through the inlet (3). [0182]); a microalgae curtain wall including one or more photobioreactors (photobioreactor 60) adapted to receive the microalgae cultures from the microalgae storage tank and to grow microalgae; and a controller (computers and sensors) configured to control production of the microalgae within the one or more photobioreactors such that the at least one of the concentration, (optical clarity), and tint (optical clarity)for the microalgae within the one or more photobioreactors. Also see [0145, 0152-0156, 0171, 0182 and 0195].
Melchiorri discloses that sensors can be provided on the transparent/translucent portions or on any other surface of the chamber (inside or outside the chamber 50) to monitor conditions such as irradiance levels, temperature, humidity or other environmental conditions [0154]. Sensors can be attached to the outside of external layers of the PBR or the chamber [0152]. Thus, Melchiorri discloses one or more sensors disposed outside the one or more photobioreactors. Melchiorri does not expressly disclose that the one or more sensors disposed in the one or more vision areas remote from the one or more photobioreactors however, Melchiorri does disclose that sensors can be provided on the transparent/translucent portions or on any other surface of the chamber (inside or outside the chamber) [0154]. Therefore, absent unexpected results, it would have been prima facie obvious to dispose the one or more sensors in one or more vision areas remote from the one or more photobioreactors, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP §2144.04 (VI-C).
As to controlling the production of the microalgae responsive to a desired heat transmission, solar gain, or daylight transmission of the microalgae curtain wall and one or more measurements of the one or more sensors disposed outside the one or more photobioreactors in the one or more vision areas remote from the one or more photobioreactors. Melchiorri discloses the device is connected to artificial lighting systems (especially if natural light is not present), water temperature control systems, sensors and computers [0141]. Melchiorri also discloses the intensity and quality of the light emitted by the lighting systems could be controlled automatically (following inputs from any kind of sensors like PAR sensors, humidity sensors, temperature sensors, chemical sensors, pH sensors and so on) to promote specific microbial physiological activities and/or to respond to environmental changes and/or to increase or modify the biomass production. Similarly, the amount of light transmission (e.g., daylight transmission) through a ‘switchable’ or ‘smart glass’ material as discussed above can be automatically controlled for similar reasons. [0146]. The ‘switchable glass’ or ‘smart glass’ are materials whose light transmission properties are altered when voltage, light or heat is applied. These may be of particular use in areas with high light exposure, for example to reduce damage to the materials or the microorganisms as a result of especially high light [0099]. Therefore, Melchiorri as modified teaches the control production is responsive to a desired heat transmission, solar gain, or daylight transmission of the microalgae curtain wall and one or more measurements of the one or more sensors disposed outside the one or more photobioreactors in the one or more vision areas remote from the one or more photobioreactors.
Regarding claim 2, Melchiorri discloses wherein the one or more photobioreactors are arranged in an array including multiple photobioreactor circuits as shown in Figs. 19A and 19B.
As to wherein the controller is configured to individually control the at least one of the concentration, color, and tint of the microalgae contained within each of the multiple photobioreactor circuits, the device disclosed by Melchiorri is structurally the same as the instantly claimed. Thus, in the absence of further positively recited structure the device of Melchiorri is capable of providing the claimed operating conditions in view of [0152-0156, 0171, 0182 and 0195].
Regarding claim 3, Melchiorri discloses that sensors can permit the monitoring of the environment inside the chamber of the device, in order to enable control of optical clarity (turbidity) [0156]. Also see [0194 and 0202].
As to wherein the controller is configured to, based on a user controlled selection, reduce a turbidity level of at least one photobioreactor circuit to provide one or more viewing windows for an occupant, the device disclosed by Melchiorri is structurally the same as the instantly claimed. Thus, in the absence of further positively recited structure the device of Melchiorri is capable of providing the claimed operating conditions.
Regarding claim 4, Melchiorri discloses sensors can be provided on portions or on any other surface of the chamber (inside or outside the chamber) to monitor conditions such as irradiance levels, temperature, humidity or other environmental conditions. These sensors or similar sensors, if located inside the chambers (room) may be used to detect gas concentration levels, humidity and/or temperature in the chamber [0152]. Melchiorri also discloses that sensors send outputs to the computers which then control operations of the temperature control systems [0182].
As to determining the desired heat transmission is based on internal temperatures of a room adjoining the microalgae curtain wall and exterior temperatures and whether, based on temperature control settings for the room, heat should be retained within the room, heat should be expelled from the room, or heat should be blocked from entering the room, as best as can be understood, it appears that the above claim language relates to how the microalgae system is to be used.
The device disclosed by Melchiorri is structurally the same as the instantly claimed. Thus, in the absence of further positively recited structure the device of Melchiorri is capable of providing the claimed operating conditions. Additionally, it is noted that apparatus claims cover what a device is, not what a device does or how it is to be used. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114.
Additionally, it is noted that apparatus claims cover what a device is, not what a device does or how it is to be used. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114.
Regarding claim 6, Melchiorri discloses controlling production of the microalgae includes controlling how much and how often microalgae cultures are provided to the one or more photobioreactors [0147, 0153-0156 and 0182].
Regarding claim 7, Melchiorri discloses controlling the production of the microalgae also includes controlling an amount of carbon dioxide provided to the one or more photobioreactors [0134, 0153-0156, 0182 and 0195].
Regarding claim 8, Melchiorri discloses the controller is also configured to divert returned microalgae to a heat exchanger and extract heat from the microalgae for at least one of hydronic heating and domestic water heating [0145].
Claims 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Melchiorri US 2019/0316067 as applied to claims 1-4 and 6-8 above, and further in view of Legendre et al. (hereinafter Legendre) WO 2013/011240 cited in the IDS filed 04/05/2023.
Regarding claim 5, Melchiorri does not expressly disclose wherein the microalgae curtain wall is a biochromic window, and the desired solar gain and daylight transmission of the microalgae is based on settings provided by an occupant in the room.
Legendre discloses an integrated curtain wall for the production of microalgae wherein the microalgae curtain wall is a biochromic window. (According to the invention, the module (D) may comprise at least two parallel walls, or preferably substantially parallel walls, defining at least one interior space, one of these walls being able to serve as front wall of the building or to be affixed to a façade wall of a building. According to the invention, at least one interior space of the module (D) may comprise a culture container or a culture medium of algae and/or microorganisms.). See Figs. 5 and 6. Also see [0035 and 0044].
It would have been obvious to one of ordinary skill in the art to modify Melchiorri with a biochromic window as taught by Legendre, since biochromic windows are known to reduce energy consumption, improve air quality and accelerate the growth of microalgae. Thereby, providing a more environmentally conscious photobioreactor device.
As to setting the desired solar gain and daylight transmission of the microalgae is based on settings provided by an occupant in the room. The device disclosed by the combination of Melchiorri and Legendre is structurally the same as the instantly claimed. Thus, in the absence of further positively recited structure the device of Melchiorri and Legendre is capable of providing the claimed operating conditions.
Additionally, it is noted that apparatus claims cover what a device is, not what a device does or how it is to be used. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114.
Regarding claim 9, Melchiorri does not expressly disclose wherein the microalgae curtain wall further includes: an interior glass panel; an exterior glass panel offset from the interior glass panel forming a gap therebetween; and transoms holding the interior glass panel and the exterior glass panel therebetween and suspending the one or more photobioreactors in the gap and between the interior glass panel and the exterior glass panel.
Legendre discloses wherein the microalgae curtain wall further includes: an interior glass panel; an exterior glass panel offset from the interior glass panel forming a gap therebetween (According to the invention, the module (D) may comprise at least two parallel walls, or preferably substantially parallel walls, defining at least one interior space, one of these walls being able to serve as front wall of the building or to be affixed to a façade wall of a building. According to the invention, at least one interior space of the module (D) may comprise a culture container or a culture medium of algae and / or microorganisms.); and transoms (venial V) holding the interior glass panel and the exterior glass panel therebetween and suspending the photobioreactors in the gap and between the interior glass panel and the exterior glass panel (The space between the modules (E) and (D) and the windows (N) comprises a passageway allowing the technical passage for maintenance and also defining a buffer space in which the temperature is regulated passively by the opening controlled venials (V). The corridor is an extension of the manufactured concrete slab that is fixed in the primary framework.). See at least Figs. 10-13. Also see [0035, 0044, 0280 and 0284-0285].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Melchiorri US 2019/0316067 in view of Legendre et al. (hereinafter Legendre) WO 2013/011240 as applied to claims 5 and 9 above, and further in view of Pinel et al. (hereinafter Pinel) CA 2336524.
Regarding claim 10, the rejection of claim 9 above is relied upon. Melchiorri does not expressly disclose wherein the curtain wall further includes mullions holding the interior glass panel and the exterior glass panel therebetween and positioned at sides of the one or more photobioreactors, and at least one of the mullions and the transoms anchored to a building structure, wherein each of the transoms and the mullions include glass support brackets for the interior glass panel and the exterior glass panel, forming a seal therewith, and wherein the transoms, the mullions, the interior glass panel, and the exterior glass panel form an insulated glass structure, and wherein the controller is also configured to supply air from an adjoining room into a space within the insulated glass structure surrounding the one or more photobioreactors to increase insulation of the microalgae curtain wall.
Legendre discloses wherein the curtain wall further includes mullions (z rail/frame) holding the interior glass panel and the exterior glass panel therebetween and positioned at sides of the photobioreactors as shown in at least Figs. 10-13, and at least one of the mullions and the transoms (venial V) anchored to a building structure (According to the invention, the assembly of the modules (D) and (E) can be, for example, made by fixing said modules on a metal frame (C) directly on the building or on the nose of the floor slabs of the building. for example via stiffeners or needles (F). [0082 and 0244]).
It would have been obvious to one of ordinary skill in the art to modify Melchiorri with the teachings of Legendre in order to provide to a more environmentally conscious photobioreactor device that reduces energy consumption, improves air quality and accelerates the growth of microalgae.
Melchiorri and Legendre do not expressly disclose using support brackets.
Pinel discloses a bioreactor for the treatment of wastewater using ultraviolet radiation with inlets, outlets, and a cylindrical housing. See Abstract. Pinel also discloses the housing to be mounted using mounting brackets discussed on at least page 5, lines 19-20.
It would have been obvious to one of ordinary skill to modify Melchiorri and Legendre to include support brackets as taught by Pinel as a means for supporting the algae culture container of Legendre, motivated by a reasonable expectation of success to achieve a predictable result, i.e., an effective way of vertically supporting the photobioreactor.
As to wherein each of the transoms and the mullions include glass support brackets for the interior glass panel and the exterior glass panel, forming a seal therewith, and wherein the transoms, the mullions, the interior glass panel, and the exterior glass panel form an insulated glass structure, Legendre discloses that the double facade advantageously makes it possible to form an air mattress around the building and/or to confine heat and/or the freshness emitted by the building [0071] thus, forming an insulated glass structure.
Therefore, the combination of Melchiorri, Legendre and Pinel discloses wherein each of the transoms and the mullions include glass support brackets for the interior glass panel and the exterior glass panel, forming a seal therewith, and wherein the transoms, the mullions, the interior glass panel, and the exterior glass panel form an insulated glass structure.
Lastly, as to wherein the controller is also configured to supply air from an adjoining room into a space within the insulated glass structure surrounding the one or more photobioreactors to increase insulation of the microalgae curtain wall, the device disclosed by the combination of Melchiorri, Legendre and Pinel is structurally the same as the instantly claimed. Thus, in the absence of further positively recited structure the device of Melchiorri, Legendre and Pinel is capable of providing the claimed operating conditions in view of [0141 and 0182 of Melchiorri; and 0042-0043, 0178-0180 of Legendre].
Additionally, it is noted that apparatus claims cover what a device is, not what a device does or how it is to be used. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/LYDIA EDWARDS/Primary Examiner, Art Unit 1796
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