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 dated 12/16/2025 have been fully considered. Although the Examiner maintains that Wu et al. (CN 212833538 U) (machine translation) discloses an outlet pipe on the first tank and in communication with the accommodating space of the first tank, which reads on a sampling pipe as discussed in the prior Office Action (see p. 4), the Examiner agrees that Wu et al. does not fairly teach a sampling pipe to extract a sample during reaction as required by the amendment to independent claim 1.
This amendment has necessitated a modified grounds of rejection, presented below.
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 1-2, 6, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 212833538 U) (machine translation) (already of record) in view of Fu (CN 107445658 A) (machine translation) and Nelson (US Patent Application Publication 2015/0368605) (already of record).
Regarding claim 1, Wu et al. discloses a reaction apparatus (p. 3 lines 1-20) (Figs. 1-3) comprising:
a first tank (1) having an accommodating space (p. 3 lines 1-9);
a second tank (3) in the accommodating space of the first tank and comprising holes (p. 1 lines 52-56, p. 3 lines 1-20) (Fig. 2);
a cover (2) on an opening of the first tank (1) (p. 3 lines 1-9) (Figs. 1-2);
a stirring assembly on the cover and comprising a driving motor (81) and a stirrer (82, 82) connected to the driving motor (p. 3 lines 22-26) (Figs. 1, 3), wherein the stirrer is in the accommodating space of the first tank (p. 3 lines 22-26) (Figs. 1, 3); and
a gas delivery system on the first tank and in communication with the accommodating space of the first tank (p. 3 lines 1-9 and 48-49) (Figs. 1-3);
wherein the apparatus is configured to produce compost by decomposing waste material within the accommodating space (p. 1 lines 14-25, p. 3 lines 11-20).
Wu et al. is silent as to a sampling pipe on the first tank and in communication with the accommodating space of the first tank to extract a sample during reaction, a heater in the accommodating space of the first tank and a controller coupled to the heater to control the heater.
As to the claimed sampling pipe, Fu discloses a reaction apparatus for converting waste material into fertilizer by fermentation (Abstract, p. 2 para. 2) comprising a tank having an accommodating space wherein fermentation occurs (p. 3 third-to-last para.) and a sampling pipe on the tank (Abstract, claim 1) and in communication with the accommodating space of the tank to extract a sample “during fermentation” (p. 5 first para.) (Fig. 1). Fu further discloses that it is beneficial to adjust reaction conditions within the apparatus in real-time based on a fermentation condition (p. 2 para. 2).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the apparatus disclosed by Wu et al. to comprise a sampling pipe on the first tank and in communication with the accommodating space of the first tank to extract a sample during reaction, as Fu discloses that it was known in the art to provide such a configuration to allow for sampling during a reaction, wherein it is beneficial to check fermentation conditions in real-time to adjust reaction parameters, and the skilled artisan would have been motivated to monitor reaction conditions within the accommodating space of the first tank to ensure that a reaction is proceeding as expected, and to allow for adjustment of apparatus conditions based on results of the sampling.
As to the claimed heater and controller, Nelson discloses an apparatus comprising a compost chamber (para. 12-13) wherein waste materials are decomposed into compost (para. 36), the apparatus further comprising a heater in the compost chamber for heating the waste material to an appropriate temperature (para. 27) and a controller coupled to the heater to control the heater (para. 27-28, 48).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the apparatus disclosed by Wu et al. to comprise a heater in the accommodating space of the first tank and a controller coupled to the heater to control the heater, as Nelson discloses that it was known in the art to provide a heater and a controller in such a manner to control a temperature within a compost chamber to a desired level, and the skilled artisan would have been motivated to provide temperature control in order to operate the apparatus at a temperature conducive to compost formation.
Regarding claim 2, Wu et al. discloses wherein the gas delivery system comprises an intake conduit and an exhaust conduit (p. 3 lines 1-9 and 48-49).
Regarding claim 6, Wu et al. discloses an inlet on the cover and in communication with the accommodating space of the first tank (see inlet through which air enters pipe 7, p. 3 lines 39-42; Figs. 1, 3).
Regarding claim 9, Wu et al. in view of Nelson teaches the controller, as set forth in the rejection of claim 1, above, and Nelson further discloses wherein the controller controls both temperature and time-based operations (para. 48, 55-56); therefore, the prior art combination arrives at the claimed subject matter of the controller comprising a temperature controller and a time controller.
Regarding claim 10, Wu et al. discloses a pumping device on the first tank and in communication with the accommodating space of the first tank (p. 3 lines 1-9) (Fig. 1).
Regarding claim 11, Wu et al. discloses wherein the second tank (3) comprises a holder (see portion that hangs from hooks 9, p. 3 lines 34-37 and Fig. 2) and a filter (called grid-like structure) (p. 1 lines 52-56) (Fig. 2), the filter comprising the holes (p. 1 lines 52-56) (Fig. 2).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 212833538 U) (machine translation) (already of record) in view of Fu (CN 107445658 A) (machine translation) and Nelson (US Patent Application Publication 2015/0368605) (already of record), as applied to claim 2, above, and in further view of Jonninen (US Patent 6,010,551) (already of record).
Regarding claim 3, Wu et al. discloses the gas delivery system, as set forth in the rejection of claim 2, above, and further discloses wherein the compost is produced by decomposing waste material using bacteria (p. 3 lines 11-20).
Wu et al. is silent as to wherein the gas delivery system comprises a cooling device connected to the intake conduit.
Jonninen discloses an apparatus for producing compost by bacterial degradation of organic matter (Abstract, col. 3 lines 56-67), the apparatus comprising a gas delivery system including an intake conduit (36) for introducing gas into a composting space (col. 2 line 60-col. 3 line 18). Jonninen further discloses that it is beneficial to deliver cool gas to the composting space to maintain the bacterial population and promote the composting process (col. 1 lines 24-39, col. 4 lines 23-44), and to this end Jonninen discloses that the gas delivery system comprises a cooling device connected to the intake conduit (col. 3 lines 3-18) (Fig. 1).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed rejection to modify the gas delivery system disclosed by Wu et al. to comprise a cooling device connected to the intake conduit, as Jonninen discloses that it was known to do so in order to provide cooled gas to a bacterial population to enhance compost generation, and the skilled artisan would have been motivated to enhance the production of compost.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 212833538 U) (machine translation) (already of record) in view of Fu (CN 107445658 A) (machine translation) and Nelson (US Patent Application Publication 2015/0368605) (already of record), as applied to claim 2, above, and in further view of Jonninen (US Patent 6,010,551) (already of record) and Ryu et al. (WO 03086674 A1) (already of record).
Regarding claim 4, Wu et al. discloses the gas delivery system, as set forth in the rejection of claim 2, above, and further discloses wherein the compost is produced by decomposing waste material using bacteria (p. 3 lines 11-20).
Wu et al. is silent as to wherein the gas delivery system comprises a cooling device connected to the intake conduit.
Jonninen discloses an apparatus for producing compost by bacterial degradation of organic matter (Abstract, col. 3 lines 56-67), the apparatus comprising a gas delivery system including an intake conduit (36) for introducing gas into a composting space (col. 2 line 60-col. 3 line 18). Jonninen further discloses that it is beneficial to deliver cool gas to the composting space to maintain the bacterial population and promote the composting process (col. 1 lines 24-39, col. 4 lines 23-44), and to this end Jonninen discloses that the gas delivery system comprises a cooling device connected to the intake conduit (col. 3 lines 3-18) (Fig. 1).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed rejection to modify the gas delivery system disclosed by Wu et al. to comprise a cooling device connected to the intake conduit, as Jonninen discloses that it was known to do so in order to provide cooled gas to a bacterial population to enhance compost generation, and the skilled artisan would have been motivated to enhance the production of compost.
Wu et al. as modified by Jonninen does not expressly teach that the cooling device is a vortex cooler.
However, Ryu et al. discloses that it was known in the art of devices configured to degrade wastes (Abstract) to use a vortex cooler to cool gases generated during device operation (p. 11 line 18-p. 12 line 1).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed rejection to modify the cooling device taught by Wu et al. in view of Jonninen to comprise a vortex cooler, as such a simple substitution of one known element for another to obtain predictable results (MPEP § 2143), in this case, substituting one cooling device type for another in order to obtain the predictable result of cooling a gas.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 212833538 U) (machine translation) (already of record) in view of Fu (CN 107445658 A) (machine translation) and Nelson (US Patent Application Publication 2015/0368605) (already of record) as applied to claim 1, above, and in further view of Long (CN 114874037 A) (machine translation) (already of record).
Regarding claim 5, Wu et al. discloses the cover on the first tank, as set forth in the rejection of claim 1, above.
Wu et al. is silent as to a buckle wherein the buckle exerts a force on the cover to push the cover to the first tank and fix the cover on the first tank.
Long discloses an apparatus for producing compost via fermentation (Abstract), the apparatus comprising a body wherein fermentation takes place and a cover placed on the body (p. 5 para. 6), and further comprising a buckle that exerts a force on the cover to push the cover to the body to form a seal and fix the cover on the body (p. 5 para. 6).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed rejection to modify the cover disclosed by Wu et al. to comprise a buckle wherein the buckle exerts a force on the cover to push the cover to the first tank and fix the cover on the first tank, as Long discloses that it was known in the art to provide such a buckle to seal a space wherein composting takes place, and the skilled artisan would have been motivated to firmly fix the cover on the first tank to create a seal to protect a composting reaction from contamination or other disturbances.
Regarding claim 7, Wu et al. discloses the cover, as set forth above, and further discloses wherein the cover comprises a vent hole in communication with the accommodating space of the first tank (p. 3 lines 48-49) (Figs. 1-3).
Wu et al. is silent as to a relief valve on the cover and in communication with the accommodating space of the first tank.
Long discloses an apparatus for producing compost via fermentation (Abstract), the apparatus comprising a body wherein fermentation takes place and a cover placed on the body (p. 5 para. 6), the cover comprising a pressure relief valve (p. 5 para. 6-7) (Fig. 1).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the cover disclosed by Wu et al. to comprise a relief valve on the cover and in communication with the accommodating space of the first tank, e.g., by forming the vent opening disclosed by Wu et al. as a relief valve opening, as Long discloses that it was known in the art to form such a valve on the cover a composting device, and the skilled artisan would have been motivated to provide a pressure relief valve to avoid overpressure within the tank.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 212833538 U) (machine translation) (already of record) in view of Fu (CN 107445658 A) (machine translation) and Nelson (US Patent Application Publication 2015/0368605) (already of record), as applied to claim 1, above, and in further view of KR 100555075 B1 (already of record).
Regarding claim 12, Wu et al. discloses the cover on the first tank, as set forth in the rejection of claim 1, above, and further discloses wherein the cover can be opened and closed to access and close the first tank (p. 3 lines 1-20).
Wu et al. is silent as to a lifting system removably connected to the cover to separate the cover from the first tank.
KR 100555075 B1 discloses a fermentation apparatus (Abstract) comprising a first tank (10) and a cover (13) on the first tank (10) (p. 5 para. 1) (Fig. 2), the apparatus further comprising a lifting system removably connected to the cover to separate the cover from the first tank (p. 9 last 2 paragraphs).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the apparatus disclosed by Wu et al. to comprise a lifting system removably connected to the cover to separate the cover from the first tank, as KR 100555075 B1 discloses that it was known in the art to provide such a mechanism for lifting a cover off a tank, and the skilled artisan would have been motivated to provide a mechanical mechanism for lifting the cover to reduce human labor and/or contamination of the tank contents.
Regarding claim 13, Wu et al. discloses the first and second tanks, as set forth in the rejection of claim 1, above, and further discloses that the second tank is detachable and configured to be loaded into and out of the first tank (p. 2 lines 7-8, p. 3 lines 1-37).
Wu et al. is silent as to a lifting system removably connected to the second tank to move the second tank out of the accommodating space of the first tank.
KR 100555075 B1 discloses a fermentation apparatus (Abstract) comprising a first tank (10) and a second tank (20) received within an accommodating space the first tank (10) (p. 5 para. 1-6), the apparatus further comprising a lifting system removably connected to the second tank to move the second tank out of the accommodating space of the first tank (p. 9 last two paragraphs) (Figs. 1-4).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the apparatus disclosed by Wu et al. to comprise a lifting system removably connected to the second tank to move the second tank out of the accommodating space of the first tank, as KR 100555075 B1 discloses that it was known in the art to provide such a mechanism for moving a second tank, and the skilled artisan would have been motivated to provide a mechanical mechanism for moving the second tank to reduce human labor and/or contamination of the tank contents.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY KIPOUROS whose telephone number is (571)272-0658. The examiner can normally be reached M-F 8.30-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at 5712721374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOLLY KIPOUROS/Primary Examiner, Art Unit 1799