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 Species C (claims 21-30) in the reply filed on 11/5/2025 is acknowledged.
Claims 1-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/5/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 25 and 29 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 25, the recitation “recirculating the aqueous solution through the filter to generate the biofilm” (line 6 of the claim) renders the claim indefinite. The recitation is indefinite because claim 21 already requires that the aqueous solution is recirculated over a filter which includes a biofilm. As such, claim 21 requires a filter which already has a biofilm as a component. However, claim 25 seems to require a step of creating a biofilm after the fact (i.e., the biofilm is generated later by the circulating aqueous solution). Thus, it is unclear whether the biofilm needs to already be present, or whether it needs to be generated later during the process. For purposes of examination, any presence of a biofilm is regarded as reading on the generating step, regardless of when generation takes place.
Regarding claim 29, the recitation “wherein processing the organic feedstock further comprises . . .” (lines 1-2 of the claim) lacks antecedent basis. Specifically, claim 29 depends from claim 21. Claim 21 does not appear to set forth a step of processing the organic feedstock. Claim 21 recites “the filtrate stream including an organic feedstock,” but does not set forth any processing steps. As such, it is unclear when this processing step is intended to take place: Either before the organic feedstock is introduced into the system, or after. For purposes of examination, processing the organic feedstock is regarded as being a preparation step which prepares the organic feedstock before it is implemented in the method of claim 21.
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) 21-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lloyd (U.S. Patent Pub. No. 2018/0245102 A1, hereinafter “Lloyd”) in view of Herron (U.S. Patent Pub. No. 2020/0061541 A1, hereinafter “Herron”).
Regarding claim 21, Lloyd teaches a method of generating organic fertilizer material (e.g., a method of producing sulfuric acid and mineral salts useful in fertilizers) [Abstract & Para. 0022 & Para. 0118] comprising:
Providing an aqueous solution including sulfur particles (e.g., an aqueous, liquid or gaseous sulfur supply) [Para. 0003], the sulfur particles are pretreated such that at least a portion of the sulfur particles are no greater than 15 microns (e.g., sulfur is pulverized to micron to nano sizes of sulfur, generally less than 37 microns) [Para. 0059-60];
Passing the aqueous solution over a filter including a biofilm of sulfur oxidizing microorganisms, the sulfur oxidizing microorganisms generating biologically produced sulfuric acid from the sulfur in the aqueous solution (e.g., introducing the aqueous sulfur supply into a microbial culture in a bioreactor and culturing the microbes with the sulfur supply sufficiently so that sulfuric acid is produced [Para. 0003], the microbes can be distributed, floating, or suspended anywhere in the liquid and/or within a substrate; the substrate can be any shape and any size and may be fixed to walls or the bottom or fixed to arms extending into the liquid or floating) [Para. 0103];
Recirculating the aqueous solution over the filter including the biofilm until an amount of biologically produced sulfuric acid in the aqueous solution reaches a predefined threshold (e.g., an agitator can agitate the solution, which can be optimized for sulfuric acid production, and a smart valve may be on the sulfuric acid output so that the desired minimum pH level or maximum acidity is obtained before output of sulfuric acid is achieved; the sulfuric acid output may also be based on mass fraction, density, or concentration [Para. 0103]; the sulfuric acid may be recycled back through the bioreactor [Para. 0098]); and
Extracting the biologically produced sulfuric acid from the aqueous solution (e.g., extracting sulfuric acid from the bioreactor at certain pH or percentage levels) [Para. 0190], as well as combining ammonia and sulfuric acid (e.g., the sulfurous acid can flow in from the bioreactor, while ammonia is bubbled up from the bottom, and then the liquid can be removed from the mineral salt solution using reverse osmosis with a membrane or filter [Para. 0123-0124]), to make a mineral salt fertilizer product [Para. 0118].
As such, Lloyd teaches that the sulfurous acid can be reacted with ammonia, and then the liquid can be removed from the mineral salt solution using reverse osmosis with a membrane or filter [Para. 0123-0124], but does not appear to explicitly disclose the source of the ammonia or the specific osmosis steps or how they are implemented. However, Herron teaches in another method of making fertilizer [Herron Abstract] that it is standard to do so by using sulfuric acid and ammonium from an organic feedstock using osmosis [Herron Para. 0005 & 0008-9 & 0032].
Herron teaches the steps of running a filtrate stream on a first side of a forward osmosis membrane, the filtrate stream including an organic feedstock, and running a draw solution on a second side of the forward osmosis membrane, the draw solution including the sulfuric acid (e.g., a feed solution is provided, which includes nitrogen in the form of at least ammonia and ammonium ions, which are sourced from a filtered digestate, such as digester effluent/farm waste from dairies or animal feedlots [Herron Para. 0005 & 0008-9], a draw solution is also provided, which contains the sulfuric acid [Para. 0010 & 0032], the two solutions are on each side of a forward osmosis membrane [Para. 0036]),
Separating through the forward osmosis membrane, a first stream including a forward osmosis concentrate including one or more of phosphorus, nitrogen and potassium and a second stream including at least water and ammonium salt (e.g., the step of forward osmosis reduces the volume of feed solution, reduces the nitrogen content of the feed solution, increases the volume of the draw solution, and/or increases the nitrogen content of the draw solution, [Herron Para. 0039]; a digestate concentrate is produced from forward osmosis [Para. 0008], the ammonia diffuses from the feed solution to the draw solution [Para. 0043], the ammonia in the forward osmosis feed solution diffuses in to the draw solution, where the acidic pH converts the ammonia to ammonium ions to product ammonium salts [Para. 0057]),
Running the second stream through one or more reverse osmosis membranes producing water separated out from a fertilizer product (e.g., the diluted draw solution produced during forward osmosis is used as the feed solution in reverse osmosis; it is brought into contact with a semipermeable membrane which forces water through the membrane to produce a concentrate and water; the concentrate is used to produce a fertilizer [Para. 0056]) and
Generating an enhanced fertilizer product by combining the at least a portion of the forward osmosis concentrate and the fertilizer product (e.g., the digestate concentrate produced from forward osmosis is also useful as a fertilizer [Para. 0018], phosphorus in the effluent may be precipitated as a struvite fertilizer [Abstract], see also Fig. 2 showing the digestate concentrate 228 can be returned to the digester, which feeds the digestate 202 and thus also re-feeds the osmosis process as described above affording the other concentrate used to produce a fertilizer; as such, the digestate concentrate is re-combined with the osmosis process, which necessarily generates the enhanced fertilizer product as claimed when the recycled digestate concentrate is eventually combined with the reverse osmosis concentrate).
Herron teaches that this method removes more water and more ammonia than other methods of making fertilizer using these components. This concentrated effluent method helps limit nutrient runoff and provides revenue sources from multiple types of fertilizer generated [Herron Para. 0062]. Further, using ammonia from an effluent takes advantage of the fertilizer value of digester effluents from animal waste [Herron Para. 0002]. As such, in combining sulfuric acid and ammonia to make fertilizer using osmosis as taught by Lloyd, one of ordinary skill in the art would look to Herron to identify the specific steps required, and thus would readily appreciate the advantages of implementing the specific steps of osmosis as well as the ammonia source as taught by Herron which specifically generate a profitable and concentrated product. 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 Lloyd including osmosis, to specifically implement the steps taught by Herron and as claimed in order to afford the final fertilizer product.
Regarding claim 22, Lloyd as modified by Herron teaches the method wherein the predefined threshold is at least 0.1 wt. % of the biologically produced sulfuric acid in the aqueous solution (e.g., the sulfuric acid is selectively extracted when the pH is lower than a threshold or concentration; the threshold can be at least 0.1% sulfuric acid) [Lloyd Para. 0190].
Regarding claim 23, Lloyd as modified by Herron teaches the method further comprising pretreating the sulfur for use in the aqueous solution by decreasing a particle size of the at least a portion of sulfur particles in the sulfur using one or more of dry milling, wet milling, high shear mixing, and cavitation (e.g., the particle size of the sulfur is reduced/pulverized using common mechanical grinding facilities; these are regarded as reading on wet or dry milling) [Lloyd Para. 0059-60] (the system includes means for mixing and agitating the sulfur) [Lloyd Para. 0103].
Regarding claim 24, Lloyd as modified by Herron teaches the method wherein the sulfur includes one or more of elemental sulfur, sulfur bentonite, hydrogen sulfide, and sulfur dioxide (e.g., the system includes some elemental sulfur) [Lloyd Para. 0102], (the sulfur supply can be from sulfur dioxide and/or dihydrogen sulfide) [Lloyd Abstract & Para. 0060].
Regarding claim 25, Lloyd as modified by Herron teaches the method further comprising:
Seeding the aqueous solution with the sulfur oxidizing microorganisms (e.g., the microbes are selected for sulfuric acid production by culturing the microbes in the presence of aqueous sulfur dioxide and/or sulfurous acid) [Lloyd Para. 0054]
Circulating the aqueous solution with the sulfur oxidizing microorganisms through the filter (e.g., the microbes are cultured in a series of culture media) [Lloyd Para. 0055] (the bioreactor may include additional food for the microbes to consume) [Para. 0098] (the microbes can be on a substrate, and the system includes an agitator/mixer to circulate the aqueous solution) [Para. 0103] (the bioreactor can include a filter to remove mineral salts) [Para. 0124],
Aerating the aqueous solution (e.g., the system has an air inlet for ambient, condensed or pressurized air, which allows oxygen to enter the chamber) [Lloyd Para. 0069 & 0070] and
Recirculating the aqueous solution through the filter to generate the biofilm (e.g., the sulfuric acid may be recycled in the system) [Lloyd Para. 0098], (the microbes may operate in a batch or continuous system) [Para. 0100], (the microbes may float freely or be on a substrate of any shape and size, which can be extending into the liquid, floating, or fixed to walls or the bottom) [Para. 0103].
Regarding claim 26, Lloyd as modified by Herron teaches the method further comprising generating the fertilizer product using reverse osmosis including running the second stream through the one or more reverse osmosis membranes producing a third and a fourth stream, the third stream including water and the fourth stream including at least ammonium salt (e.g., the diluted draw solution produced during forward osmosis is used as the feed solution in reverse osmosis; it is brought into contact with a semipermeable membrane which forces water through the membrane to produce a concentrate and water; the concentrate is used to produce a fertilizer [Herron Para. 0056]; see also Herron Fig. 2 showing that the reverse osmosis feed solution generates water and an ammonium salt).
Regarding claim 27, Lloyd as modified by Herron teaches the method wherein the forward osmosis concentrate is aerated to precipitate one or more phosphorus compounds (e.g., the digestate concentrate produced from forward osmosis is also useful as a fertilizer [Herron Para. 0018], air may be bubbled through the digestate or digestate concentrate [Herron Para. 0048], phosphorus in the effluent may be precipitated as a struvite fertilizer [Herron Abstract]).
Regarding claim 28, Lloyd as modified by Herron teaches the method wherein the filtrate stream includes one or more of animal waste, green waste, and food waste (e.g., a feed solution is provided, which includes nitrogen in the form of at least ammonia and ammonium ions, which are from a filtered digestate, such as digester effluent/farm waste from dairies or animal feedlots [Herron Para. 0005 & 0008-9].
Regarding claim 29, Lloyd as modified by Herron teaches the method implementing an organic feedstock including ammonia from a filtered digestate, such as digester effluent/farm waste from dairies or animal feedlots [Herron Para. 0005 & 0008-9]. However, Lloyd as modified by Herron does not explicitly state the steps of separating coarse solids from the organic feedstock using one or more of a screw press, a centrifuge, and a screen, and separating fine solids from the organic feedstock using one or more of a membrane, a filter, and a screen. However, Herron goes on to teach that the raw digestate/digester effluent implemented as the ammonia source may contain undigested fibrous or particulate matter such as cellulose, clay, sand, and bone fragments [Herron Para. 0020]. The digestate should be passed through one or more filters which operate in stages of decreasing particle size in order to remove the solid matter and produce a filtered digestate and a sludge [Herron Para. 0020]. These filters having decreasing particle sizes are regarded as reading on a screen and a filter as claimed. Filtering the digestate before performing forward osmosis helps to reduce or prevent clogging of osmosis system components [Herron Para. 0020]. As such, in performing the method of Lloyd as modified by Herron including implementing an organic feedstock, one of ordinary skill in the art would look to Herron’s further disclosure and readily appreciate the advantages of filtering the feedstock as claimed so as to prevent clogging. 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 Lloyd as modified by Herron to separate coarse and fine solids as claimed and as further taught by Herron.
Regarding claim 30, Lloyd as modified by Herron teaches the method wherein the organic fertilizer material includes one or more of ammonia and ammonium salt (e.g., the method produces mineral salts such as an ammonium sulfate salt) [Lloyd Para. 0025].
Conclusion
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/H.E.R./ /JENNIFER A SMITH/Examiner, Art Unit 1731 Primary Patent Examiner, Art Unit 1731