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 .
Claims filed 2/26/2026 are acknowledged. Claims 1-25 are pending.
Election/Restrictions
Applicant's election with traverse of claims 1-13 in the reply filed on 2/26/2026 is acknowledged. The traversal is on the ground(s) that there is no search and examination burden while the restriction burdens the applicant. This is not found persuasive because the two sets of claims involve different classification, search strategy, and different prior art and claim interpretation would be relevant. Applicant burden is not an element of determining when restriction is proper.
The requirement is still deemed proper and is therefore made FINAL.
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 3 is 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.
Claim 3 is rejected because it requires each washing stage to have a residence time of 10 min or less but claim 1 requires at least some washing stages (of the first washing system) to have over 30 min residence times. It is not clear how a stage can have a residence time of both over 30 min and under 10 min simultaneously. For the purpose of examination claim 3 is taken to refer to each stage in the second washing system.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 3 requires each washing stage to have a residence time of 10 min or less but claim 1 requires at least some washing stages (of the first washing system) to have over 30 min residence times. Thus claim 3 contradicts claim 1 and does not require all the limitations of claim 1.
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.
Claims 1-5, 7, 8, 10, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coil et al. (US 2021/0199287).
With regards to claim 1, Coil et al. teaches a system capable of the intended use of extracting and separating one or more alkali or alkaline earth metals from biomass particles (abstract; para [0006], [0011]) wherein the system includes: at least one source of washing liquid (wash liquid streams in fig 5) comprising a concentration of one or more alkali and alkaline earth metals at a target value or less (even a concentration of 0 is having a concentration; whatever the concentration is less than some other value which can be considered the target value), at least one source of biomass particles (solids 302), wherein the biomass particles include a concentration of one or more alkali and alkaline earth metals (para [0006], [0011]); a first washing system (wash tank one and two) comprising at least one washing stage (tank 1) having at least one wash liquid inlet (wash liquid stream, optional used wash liquid stream 333) and at least one wash liquid outlet (wash liquid outlet 325), wherein the at least one washing stage is configured to contact biomass particles with washing liquid under conditions comprising a residence time in the at least one washing stage; and a second washing system (tank n-1 and tank n) configured to receive solids from the first washing system (via 332), wherein the second washing system comprising at least one washing state (tank n-1) having at least one washing liquid inlet (wash liquid stream, used wash liquid stream 353) and one wash liquid outlet (355), wherein the at least one washing stage is configured to contact biomass particles with at least a portion of the at last one source of washing liquid under conditions comprising a residence time of biomass particles in the at least one washing stage, wherein the first washing system is configured to receive washing liquid from the second washing system in a counter current manner (via used wash stream such as 343) (abstract; para [0011], [0076], fig 5).
That the conditions result in a residence time in a stage of the first system is greater than 30 min and a residence time in a stage of the second system is less than 10 minutes are intended uses of the system. The system in Coil is capable of the intended use as the flow rates and residence times are controllable (para [0115]).
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With regards to claim 2, Coil teaches wherein the second washing system includes a plurality of washing stages (at least n-1 and n). That the second washing system is configured to contact biomass particles with washing liquid under conditions comprising a residence time of biomass particles in the second washing system of 60 minutes or less is an intended use. Such use can be met by how many tanks are considered part of the second system and also the flow rates and residence times are controllable (para [0115]).
With regards to claim 3, that each washing stage (of the second washing system) is configured to contact biomass particles with washing liquid under conditions comprising a residence time of biomass particles in each washing stage of 10 minutes or less is an intended use of the system. The system in Coil is capable of the intended use as the flow rates and residence times are controllable (para [0115]).
With regards to claim 4, the at least one washing stage in the first washing system further includes at least one solid-liquid separation apparatus (solid separation apparatus after each wash step para [0078]; para [0079] lists various solid-liquid separation apparatuses) configured to separate at least a portion of washing liquid from biomass particles after contacting biomass particles with washing liquid for the residence time.
With regards to claim 5, Coil further teaches a pre-washing system (the first wash system sliding down the ones making the first washing system) comprising at least one washing stage (first tank) having at least one washing liquid inlet (washing liquid stream) and at least one washing liquid outlet (drain at bottom), wherein the at least one washing stage is configured to contact biomass particles with washing liquid under conditions comprising a residence time of biomass particles, wherein the pre-washing system is configured to receive washing liquid from the first washing system in a counter-current manner (flow back of the optional used washing fluid; abstract; para [0011], [0076], fig 5).
That the residence time of biomass particles is 5 minutes or less is an intended use of the system. The system in Coil is capable of the intended use as the flow rates and residence times are controllable (para [0115]).
With regards to claim 7, the system further comprises a system configured to thermochemically convert washed biomass particles directly or indirectly received from the system configured to extract and separate one or more alkali and alkaline earth metals from biomass particles, wherein the system configured to thermochemically convert washed biomass particles is chosen from a fast pyrolysis system, a gasification system, a hydrothermal liquefaction system, and combinations thereof (washed biomass goes to catalyzed pyrolysis process in a fluid bed reactor; para [0058]).
With regards to claim 8, the at least one washing stage of the first washing system includes: a vessel (tank 1) configured to receive washing liquid and biomass particles, wherein the washing liquid and biomass particles are present in the vessel as a slurry (from slurry prep tank 310); and a solid-liquid separation apparatus in fluid communication with the vessel (a separation step occurs after each stage/washing tank), wherein the solid-liquid separation apparatus is configured to receive slurry from the vessel and separate slurry into a liquid fraction comprising washing liquid, and a solid fraction comprising biomass particles (the function of the liquid-solid separation apparatus) (para [0076], [0078], [0079]).
With regards to claim 10, the at least one washing stage of the second washing system includes two or more washing stages in series (tanks N-1 and tank n), wherein each washing stage has at least one washing liquid outlet, wherein each washing stage in the second washing system is configured to contact biomass particles with washing liquid under conditions comprising a residence time of biomass particles in the corresponding washing stage (see fig 5), wherein one washing stage in the second washing system is a first washing stage in the second washing system and one washing stage in the second washing system is a last washing stage in the second washing system, wherein each washing stage in the second washing system, except the first washing stage, is configured to receive biomass particles from a previous and adjacent washing stage in a series of washing stages, and wherein each washing stage in the second washing system, except the last washing stage, is configured to receive washing liquid from a washing stage that is subsequent and adjacent in the series of washing stages in a counter-current manner (abstract; para [0011], [0076], fig 5).
That the residence time of biomass particles is 10 minutes or less is an intended use of the system. The system in Coil is capable of the intended use as the flow rates and residence times are controllable (para [0115]).
The regards to claim 11, the last washing stage in the second washing system is configured to contact biomass particles with at least a portion of the at least one source of washing liquid (fig 5).
With regards to claim 13, the washing liquid is an acidic aqueous was solution and thus contains water (para [0029], [0067], etc.). That the water is make-up water is an intended use of water. The water added can be considered makeup water. Additionally fresh solution including water is supplied along with used wash liquid (fig 5).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Coil et al. (US 2021/0199287) as applied to claim 5 above, and further in view of Platon et al. (US 2012/0167452).
With regards to claim 6, Coil et al. teaches at least one solid-liquid separation apparatus configured to separate at least a portion of the washing liquid from biomass after contacting the biomass with washing liquid for the residence time (para [0078]-[0079]).
Coil et al. does not teach the claimed water treatment system as claimed. Platon teaches a biomass solvent extraction (abstract; fig 1; para [0033], [0034], [0048], etc.). Platon teaches that solvent can be regenerated as part of recycling the solvent and using the solvent for future extraction (para [0029]). A person having ordinary skill in the art would have found it obvious to have sent used washing liquid to a regenerator and then supply the regenerated washing liquid to any of the washing system including the second washing system as part of the source of washing liquid in order to maintain required amounts of washing liquid and require less fresh wash liquid as taught by Platon.
The combination results in a water-treatment system (regeneration system) configured to receive at least a portion of washing liquid separated from biomass particles by the at least one solid-liquid separation apparatus, wherein the at least a portion of washing liquid separated from biomass particles by the at least one solid-liquid separation apparatus includes a concentration of the one or more alkali and alkaline earth metals greater than the target value (impurity removed from the biomass in Coil; para [0011]); and separate at least a portion the one or more alkali and alkaline earth metals from washing liquid so that the washing liquid has a concentration of the one or more alkali and alkaline earth metals at a target value or less (regeneration includes lowering the amount of impurities extracted in the wash/solvent), wherein water-treatment system is in fluid communication with the at least one washing stage of the second washing system, wherein the at least one washing stage of the second washing system is configured to receive at least a portion of washing liquid from the water-treatment system as at least a portion of the at least one source of washing liquid (recycle and reuse the regenerated wash liquid to reduce the need for more fresh wash liquid).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Coil et al. (US 2021/0199287).
With regards to claim 9, elsewhere coil shows the wash tanks with a gaseous headspace (fig 4; para [0074]). The headspace has a port (985) through which gas can be collected or recycled. A person having ordinary skill in the art would have found it obvious to have added a gaseous headspace with a port in order to collect and recycle gases. As to the pressure, a person having ordinary skill in the art would have found it obvious to have optimized the headspace pressure with pumps etc. in order to achieve the desired gas collection, removal, and recycle.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Coil et al. (US 2021/0199287) as applied to claim 1 above, and further in view of Floan et al. (US 10,441,905).
With regards to claim 12, Coil et al. teaches that the second washing system has an inlet (inlet to wash tank n-1 on line 332) to receive biomass particles; an outlet (412) to discharge biomass from the second washing system after the last washing stage (to 420) (fig 5). Coil et al. also teaches that each washing stage of the second washing system has a washing liquid collection system positioned to receive liquid and includes an outlet of each washing stage (line 355 and 415) (fig 5).
Coil et al. does not teach a conveyor and screen as claimed. Floan et al. teaches a washing system in which the solids are moved through a washing tank on a conveyor screen to an inlet and out an outlet (abstract; column 2, lines 50-65). A person with ordinary skill in the art would have found it obvious to have used a conveyor to take biomass from the first system to and through the stages of the second system on screens motivated by an expectation of automatically moving the solids to be extracted/washed through the washing system while being washed by washing liquid.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD R SPAMER whose telephone number is (571)272-3197. The examiner can normally be reached Monday to Friday from 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at (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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/DONALD R SPAMER/Primary Examiner, Art Unit 1799
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