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 of Group II in the reply filed on 9/5/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over JP 3203957 (From IDS) as applied and further in view of Berzin (US 2009/0011492)
Regarding claims 7 and 13 JP 3203957 discloses a culturing device configured to culture microalgae in a culturing solution, the culturing device comprising: an accommodation unit in which the culturing solution and the microalgae are accommodated; a convection generating unit provided inside the accommodation unit and configured to cause convection to be generated in the culturing solution; (See JP 3203957 Abstract and Figs. 1-2 wherein a device for culturing microalgae in a culture solution comprises an accommodation unit, i.e. 10, in which microalgae and culturing solution are accommodated. A convention generating unit, i.e. pipes 33,34, and 35, cause convection of medium by moving it up through said convection generating unit from inlet 31 to outlet(s) 32.)
JP 3203957 also appears to disclose a collection pipe at the bottom inside of the accommodation unit but does not specifically disclose a pump or control unit.
Berzin discloses an algae cultivation system comprising an accommodation unit having a guide unit and a collection pipe therein a pump provided outside the accommodation unit and connected to the collection pipe, the pump being configured to be capable of performing a forward rotation operation and a reverse rotation operation to draw in part of the culturing solution from inside the accommodation unit through the collection pipe to discharge part of the culturing solution to the accommodation unit through the collection pipe; and a control unit configured to control the forward rotation operation and the reverse rotation operation of the pump. (See Berzin Abstract, Fig. 1, Fig 7A, Fig. 10D, [0074], [0107], and [0236] wherein accommodation unit has a collection pipe 150/152 at the bottom and guide unit 101 therein. Berzin describes a peristaltic pump, i.e. a pump which may rotate forward or in reverse, is placed outside the accommodation unit and used to move culture solution from inside the accommodation unit through the collection pipe and also in reverse flow into the accommodation unit. A computer implemented control system, control unit, controls the forward and reverse flow and thus operation of the said peristaltic pump.)
It would have been obvious to one of ordinary skill in the art at the time of filing to provide a collection pipe, pump, and control unit as described by Berzin in the device of JP 3203957 because such a system allows for harvesting of desired amounts of culturing solution and algae while allowing return of materials and reducing material waste and associated costs as would be desirable in the device of JP 3203957.
It is noted during culturing of the microalgae and while causing convection to be generated in the culturing solution in the convection generating unit, the control unit may perform a control to collect the culturing solution through the collection pipe by the pump, and thereafter, to discharge the collected culturing solution through the collection pipe by the pump as the pump may be made to operate whenever one wishes. Such limitations are directed to intended uses of the claimed device which do not define structural elements which differentiate the claimed invention from the cited prior art as the cited art is fully capable of performing pumping and collection during convection. See MPEP 2114
Regarding claim 8 JP 3203957 discloses all the claim limitations as set forth above as well as the device wherein: the convection generating unit comprises a gas supplying unit configured to be capable of supplying gas to the culturing unit, (See JP 3203957 Figs. 1-2 wherein a gas supplying unit 20 supplies gas to the culturing unit.)
and a guide unit configured to guide the gas into the culturing solution; the guide unit comprises a suction port configured to draw in the culturing solution from the exterior of the guide unit into the interior of the guide unit, and a discharge port configured to discharge the culturing solution from the interior of the guide unit to the exterior of the guide unit; (See JP 3203957 Figs. 1-2 wherein a guide unit includes a suction port 31 which draws in culturing solution from the exterior thereinto and discharges it out a discharge port 32 to the exterior thereof.)
and the convection generating unit supplies the gas from the gas supplying unit to the guide unit, and by drawing in the culturing solution from the suction port of the guide unit and by discharging the culturing solution from the discharge port of the guide unit, causes the convection to be generated in the culturing solution. (See JP 3203957 Figs. 1-2 wherein the convection generating unit supplies gas which circulates culturing solution into through and out the guide unit.)
Regarding claim 9 JP 3203957 discloses all the claim limitations as set forth above as well as the device wherein the discharge port of the guide unit is oriented in a predetermined direction that intersects with respect to a vertical direction of the accommodation unit, and the guide unit discharges the culturing solution in the predetermined direction through the discharge port. (See JP 3203957 Figs. 1-2 wherein the discharge port 32 of the guide unit is oriented horizontally, i.e. in a direction that intersects the vertical, and discharges culturing solution in said horizontal direction.)
Regarding claim 10 JP 3203957 discloses all the claim limitations as set forth above as well as the device wherein the collection pipe includes a collection port in order to collect the culturing solution, the collection port is oriented in a direction opposite to the predetermine direction in which the discharge port of the guide unit is oriented, and the culturing solution that is discharged in the predetermined direction through the discharge port is drawn in by the collection port. (See JP 3203957 Figs. 1 and Berzin Fig. 1 wherein collection ports, i.e. 160/152 are placed vertically at a bottom of the device and in a direction opposed from the horizontal direction of the discharge port.)
Regarding claim 11 JP 3203957 discloses all the claim limitations as set forth above as well as the device wherein the culturing device comprises a single individual collection pipe; and the guide unit is arranged in the accommodation unit at one end part in a widthwise direction that intersects with respect to a vertical direction, and the single individual collection pipe is arranged at another end part in the widthwise direction. (See JP 3203957 Figs. 1 and Berzin Fig. 1 wherein a horizontal widthwise direction includes a device radius with a single collection pipe is arranged at one end part in a widthwise direction, i.e. center of the radius, and a guide unit is arranged at a another widthwise location at least partially at an edge of the radius.)
Furthermore assuming arguendo with respect to the arrangement of the collection pipe and guide unit at opposite ends in a widthwise direction it is noted that such a modification would have required mere reengagement of parts which would have been obvious to one of ordinary skill in the art at the time of filing in order to optimize space within a device and because it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70 and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, In re Einstein, 8 USPQ 167.
Regarding claim 12 JP 3203957 discloses all the claim limitations as set forth above as well as the device wherein a guide unit is arranged in the accommodation unit at one end part in a widthwise direction intersecting a vertical direction, and the collection pipe is arranged at another end part in the widthwise direction. (See JP 3203957 Figs. 1 and Berzin Fig. 1 wherein a horizontal widthwise direction includes a device radius with a single collection pipe is arranged at one end part in a widthwise direction, i.e. center of the radius, and a guide unit is arranged at a another widthwise location at least partially at an edge of the radius.)
In regards to there being a plurality of guide units and collection pipes it is noted that such a modification would have required a mere duplication of parts which would have been obvious to one of ordinary skill in the art at the time of filing in order to increase circulation and harvesting amount and because mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 124 USPQ 378, 380 (CCPA 1960). Further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Furthermore assuming arguendo with respect to the arrangement of the collection pipe and guide unit at opposite ends in a widthwise direction and others adjacent one another it is noted that such a modification would have required mere reengagement of parts which would have been obvious to one of ordinary skill in the art at the time of filing in order to optimize space within a device and because it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70 and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, In re Einstein, 8 USPQ 167.
Regarding claim 8 JP 3203957 discloses all the claim limitations as set forth above as well as the device wherein: the convection generating unit comprises a gas supplying unit configured to be capable of supplying gas to the culturing unit, (See JP 3203957 Figs. 1-2 wherein a gas supplying unit 20 supplies gas to the culturing unit.)
and a guide unit configured to guide the gas into the culturing solution; the guide unit comprises a suction port configured to draw in the culturing solution from the exterior of the guide unit into the interior of the guide unit, and a discharge port configured to discharge the culturing solution from the interior of the guide unit to the exterior of the guide unit; (See JP 3203957 Figs. 1-2 wherein a guide unit includes a suction port 31 which draws in culturing solution from the exterior thereinto and discharges it out a discharge port 32 to the exterior thereof.)
the guide unit and the collection pipe are arranged so as to face each other inside the accommodation unit ; (See JP 3203957 Figs. 1-2 and Berzin Fig. 1 wherein a collection pipe 152 faces the guide unit along at least one axis.)
and the convection generating unit supplies the gas from the gas supplying unit to the guide unit, and by drawing in the culturing solution from the suction port of the guide unit and by discharging the culturing solution from the discharge port of the guide unit, causes the convection to be generated in the culturing solution. (See JP 3203957 Figs. 1-2 wherein the convection generating unit supplies gas which circulates culturing solution into through and out the guide unit.)
JP 3203957 discloses all the claim limitations as set forth above as well as the device wherein the discharge port of the guide unit is oriented in a predetermined direction that intersects with respect to a vertical direction of the accommodation unit, and the guide unit discharges the culturing solution in the predetermined direction through the discharge port. (See JP 3203957 Figs. 1-2 wherein the discharge port 32 of the guide unit is oriented horizontally, i.e. in a direction that intersects the vertical, and discharges culturing solution in said horizontal direction.)
JP 3203957 discloses all the claim limitations as set forth above as well as the device wherein the collection pipe includes a collection port in order to collect the culturing solution, the collection port is oriented in a direction opposite to the predetermine direction in which the discharge port of the guide unit is oriented, and the culturing solution that is discharged in the predetermined direction through the discharge port is drawn in by the collection port. (See JP 3203957 Figs. 1 and Berzin Fig. 1 wherein collection ports, i.e. 160/152 are placed vertically at a bottom of the device and in a direction opposed from the horizontal direction of the discharge port.)
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In response to applicant’s claim amendments a new reference and rational have been provided to teach the new features and make up for any argued deficiencies. As such applicant’s arguments with respect to these features are moot.
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 JONATHAN M HURST whose telephone number is (571)270-7065. The examiner can normally be reached on M-F 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M HURST/ Primary Examiner, Art Unit 1799
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