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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9-11, 13-18, 21-23, and 25 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Roulston (US20250002829).
Regarding claim 1, Roulston teaches a system for biomass-based capture of carbon dioxide, the system comprising (Abstract; Paras. [0008], [0011-0013], [0053], [0061]):
a connection to a gas source (Paras. [0013], [0061], [0073]; Fig. 11, Comps. CO2 and/or air supply (140), air pump (141), air control valve (142), CO2 supply (143)); a reactor chamber that receives gas from the gas source via the connection (Fig. 17, Para. [0109], diffuse CO2 into culture medium (1) in vessel (252); Figs. 3, 4; Para. [0061], Fig. 11), wherein an algae suspension within the reactor chamber is exposed to the received gas (Paras. [0053], [0145-0147], adding CO2 from the supple (140) to the bottom of the vessel (52) which houses the seaweed);
one or more sensors that measures one or more characteristics of the algae suspension in real-time (Abstract; Paras. [0006], “outputting, with a sensor in communication with the controller, sensory data associated with the culture medium; modifying, with the controller, at least one of the artificial light or the culture medium responsive to the sensory data” [0008]); and
a control system (Para. [0058], component 160 is a system controller; Para. [0086], independently operable control modules for different reactors) that:
receives the measured characteristics from the sensors and operational data indicating one or more parameters related to growth of algae in the algae suspension in real-time (“outputting, with a sensor in communication with the controller, sensory data associated with the culture medium; modifying, with the controller, at least one of the artificial light or the culture medium responsive to the sensory data”, Para. [0008]; “System controller (160) may comprise any combination of hardware and/or software operable to maintain optimal conditions for growing seaweed in each bioreactor (20) of system (10)”, Para. [0058]), compares the measured characteristics to one or more predetermined target characteristics (Para. [0011] pH sensor where there is a pH target and modifying the CO2 flow as a result), and wherein the comparison indicates that the one or more parameters needs to be changed (Para. [0011] pH sensor data sent to controller where set target level not met and the changes CO2 flow rate; Para. [0058]), and
generates a trigger based on the comparison (“CO2 solenoids and air pumps of CO2 and/or air supply (510) responsive to control signals output from control box (512), making it possible to independently adjust the amount of CO2 and/or air delivered to each bioreactor apparatus (221, 222, 223, 224) through tubing system (516)”, Para. [0087]), wherein the trigger is associated with one or more recipient devices (“Processing element (163) may be located in an upper compartment of housing (161) and comprise data processing elements operable to receive data from and send control signals to other elements of system (10)” Para. [0058]; Paras. [0059], [0087], [0091], [0092]) wherein the trigger causes the one or more parameters to be changed (Paras. [0058], [0059], [0087], [0091], [0092]).
Regarding claim 2, Roulston teaches all of the elements of the current invention with respect to claim 1. Roulston teaches the system: further comprising a bubbling apparatus (Fig. 21, Para. [0111], delivery port (312) which can be used to deliver CO2, allowing CO2 to bubble upwards through culture medium (1)) configured to generate bubbles that disperse the gas from the gas source within the algae suspension within the reactor chamber (Para. [0111]), wherein the bubbling apparatus controls a rate at which the bubbles are generated (Paras. [0111-0115], the CO2 and/or air supply (340) is controlled by the control box (512) which controls the rate).
Regarding claim 3, Roulston teaches all of the elements of the current invention with respect to claim 2. Roulston teaches the system wherein the bubbling apparatus is the recipient device that receives the trigger and changes the rate at which the bubbles are generated based on the trigger (Para. [0061], Fig 11. (144 valve, 160 system controller); Paras. [0087-0089], Fig. 15 receive data and output control signals to one or both CO2 and/or air supply (510); Para. [0155], Paras. [0111-0115]).
Regarding claim 4, Roulston teaches all of the elements of the current invention with respect to claim 1. Roulston teaches the system further comprising one or more light sources that generate light within the reactor chamber (Para. [0075], Figs. 3, 7, 4, 11, Comps. light source (36), LEDs (84); Paras. [0006], [0010-0011], [0013]).
Regarding claim 5, Roulston teaches all of the elements of the current invention with respect to claim 4. Roulston teaches the system wherein the light sources include one or more light-emitting diodes (LEDs), and further comprising an LED wavelength control system that controls a wavelength or intensity of light generated by the LEDs (Para. [0156], automatically modifying the intensity and/or type of light output from light source (36) based on the CO2 demand).
Regarding claim 6, Roulston teaches all of the elements of the current invention with respect to claim 5. Roulston teaches the system wherein the LED wavelength control system is the recipient device that receives the trigger and changes the wavelength or intensity of light generated by the LEDs based on the trigger (Paras. [0011], “causing, with the controller, the light source to increase an intensity of the artificial light”; Para. [0156-0159]).
Regarding claim 9, Roulston teaches all of the elements of the current invention with respect to claim 1. Roulston teaches the system further comprising a nutrient reservoir that injects one or more nutrient solutions into the algae suspension (Paras. [0053], [0057] Comp. culture medium supply (150); Paras. [0107], [0146]).
Regarding claim 10, Roulston teaches all of the elements of the current invention with respect to claim 9. Roulston teaches the system wherein the nutrient reservoir is the recipient device that receives the trigger and changes delivery of one or more of the nutrient solutions injected into the algae suspension based on the trigger (Para. [0073], pump (34) operable by microcontroller (40) and/or system controller (160) to input a flow rate of new culture medium (1) into vessel (52); Para. [0107]).
Regarding claim 11, Roulston teaches all of the elements of the current invention with respect to claim . Roulston teaches the system wherein the algae suspension includes algae biomass within a liquid media (Paras. [0053], Culture medium (1) is said to be fresh water, saltwater, and anything added thereto), and further comprising a harvesting system configured to separate the algae biomass from the liquid media (Using positive pressure to sample and harvest without opening the vessel, Para. [0133]; Paras. [0146], [0148] multiples of tubes and check valves in combination with filters which as stated could be used to separate out the biomass from the liquid medium).
Regarding claim 13, Roulston teaches all of the elements of the current invention with respect to claim 1. Roulston teaches a method for biomass-based capture of carbon dioxide, the method comprising (Paras. [0013], [0061], [0073]; Fig. 11, Comps. CO2 and/or air supply (140), air pump (141), air control valve (142), CO2 supply (143)):
receiving gas from a gas source via a connection to the gas source (Fig. 17, Para. [0109], diffuse CO2 into culture medium (1) in vessel (252); Figs. 3, 4; Para. [0061], Fig. 11), the gas received within a reactor chamber (Fig. 17, Para. [0109], diffuse CO2 into culture medium (1) in vessel (252); Figs. 3, 4; Para. [0061], Fig. 11);
exposing an algae suspension within the reactor chamber to the received gas (Paras. [0053], [0145-0147], adding CO2 from the supple (140) to the bottom of the vessel (52) which houses the seaweed);
measuring, by one or more sensors, one or more characteristics of the algae suspension in real-time (Abstract; Paras. [0006], “outputting, with a sensor in communication with the controller, sensory data associated with the culture medium; modifying, with the controller, at least one of the artificial light or the culture medium responsive to the sensory data” [0008]);
receiving operational data indicating one or more parameters related to growth of algae in the algae suspension (“outputting, with a sensor in communication with the controller, sensory data associated with the culture medium; modifying, with the controller, at least one of the artificial light or the culture medium responsive to the sensory data”, Para. [0008]; “System controller (160) may comprise any combination of hardware and/or software operable to maintain optimal conditions for growing seaweed in each bioreactor (20) of system (10)”, Para. [0058]);
comparing the measured characteristics to one or more predetermined target characteristics (Para. [0011] pH sensor where there is a pH target and modifying the CO2 flow as a result), and wherein the comparison indicates that the one or more parameters needs to be changed (Para. [0011] pH sensor data sent to controller where set target level not met and the changes CO2 flow rate; Para. [0058]); and
generating a trigger based on the comparison (“CO2 solenoids and air pumps of CO2 and/or air supply (510) responsive to control signals output from control box (512), making it possible to independently adjust the amount of CO2 and/or air delivered to each bioreactor apparatus (221, 222, 223, 224) through tubing system (516)”, Para. [0087]), wherein the trigger is associated with one or more recipient devices (“Processing element (163) may be located in an upper compartment of housing (161) and comprise data processing elements operable to receive data from and send control signals to other elements of system (10)” Para. [0058]; Paras. [0059], [0087], [0091], [0092]), wherein the trigger causes the one or more parameters to be changed (Paras. [0058], [0059], [0087], [0091], [0092]).
Regarding claim 14, Roulston teaches all of the elements of the current invention with respect to claim 13. Roulston teaches the method further comprising generating bubbles via a bubbling apparatus (Fig. 21, Para. [0111], delivery port (312) which can be used to deliver CO2, allowing CO2 to bubble upwards through culture medium (1)), wherein the bubbles disperse the gas from the gas source within the algae suspension within the reactor chamber Fig. 21, Para. [0111], delivery port (312) which can be used to deliver CO2, allowing CO2 to bubble upwards through culture medium (1)), wherein a rate at which the bubbles are generated is controlled by the bubbling apparatus (Para. [0061], Fig 11. (144 valve, 160 system controller); Paras. [0087-0089], Fig. 15 receive data and output control signals to one or both CO2 and/or air supply (510); Para. [0155]).
Regarding claim 15, Roulston teaches all of the elements of the current invention with respect to claim 14. Roulston teaches the method further comprising sending the trigger to the bubbling apparatus, wherein the bubbling apparatus changes the rate at which the bubbles are generated based on the trigger (Para. [0061], Fig 11. (144 valve, 160 system controller); Paras. [0087-0089], Fig. 15 receive data and output control signals to one or both CO2 and/or air supply (510); Para. [0155]).
Regarding claim 16, Roulston teaches all of the elements of the current invention with respect to claim 13. Roulston teaches the method further comprising generating light within the reactor chamber via one or more light sources (Para. [0075], Figs. 3, 7, 4, 11, Comps. light source (36), LEDs (84); Paras. [0006], [0010-0011], [0013]).
Regarding claim 17, Roulston teaches all of the elements of the current invention with respect to claim 16. Roulston teaches the method wherein the light sources include one or more light- emitting diodes (LEDs), and further comprising controlling a wavelength or intensity of light generated by the LEDs via an LED wavelength control system (Para. [0075], Figs. 3, 7, 4, 11, Comps. light source (36), LEDs (84); Paras. [0006], [0010-0011], [0013]).
Regarding claim 18, Roulston teaches all of the elements of the current invention with respect to claim 17. Roulston teaches the method further comprising sending the trigger to the LED wavelength control system, wherein the LED wavelength control system receives the trigger and changes the wavelength or intensity of light generated by the LEDs based on the trigger (Paras. [0011], “causing, with the controller, the light source to increase an intensity of the artificial light”; Para. [0156-0159]).
Regarding claim 21, Roulston teaches all of the elements of the current invention with respect to claim 13. Roulston teaches the method further comprising injecting one or more nutrient solutions from a nutrient reservoir into the algae suspension (Paras. [0053], [0057] Comp. culture medium supply (150); Paras. [0107], [0146]).
Regarding claim 22, Roulston teaches all of the elements of the current invention with respect to claim 21. Roulston teaches the method further comprising injecting one or more nutrient solutions from a nutrient reservoir into the algae suspension wherein the nutrient reservoir receives the trigger and changes delivery of one or more of the nutrient solutions injected into the algae suspension (Para. [0073], pump (34) operable by microcontroller (40) and/or system controller (160) to input a flow rate of new culture medium (1) into vessel (52); Para. [0107]).
Regarding claim 23, Roulston teaches all of the elements of the current invention with respect to claim 13. Roulston teaches the system wherein the algae suspension includes algae biomass within a liquid media (Paras. [0053], Culture medium (1) is said to be fresh water, saltwater, and anything added thereto), and further comprising separating the algae biomass from the liquid media using a harvesting system (Using positive pressure to sample and harvest without opening the vessel, Para. [0133]; Paras. [0146], [0148] multiples of tubes and check valves in combination with filters which as stated could be used to separate out the biomass from the liquid medium).
Regarding claim 25, Roulston teaches all of the elements of the method claimed in claim 25 as shown above with respect to claim 13. Roulston further teaches a non-transitory, computer-readable storage medium, having embodied thereon a program executable by a processor to perform a method for biomass-based capture of carbon dioxide (Para. [0051] “program objects may be stored in any machine (e.g., computer) readable storage medium in communication with the processing unit, including any mechanism for storing or transmitting data and information in a form readable by a machine”; Paras. [0059], [0091]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7, 8, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Roulston in view of Bashan (US 20200231925).
Regarding claim 7, Roulston teaches all of the elements of the current invention as stated with respect to claim 1.
Roulston further teaches the modulation of gas and CO2 introduction into the reactor chamber via a valve and pump system (Para. [0061], Fig 11. (144 valve, 160 system controller); [0087-0089], Fig. 15 receive data and output control signals to one or both CO2 and/or air supply (510); Para. [0155]). Roulston does not teach the system further comprising a compressor that controls a pressure or flow rate of the gas introduced into the reactor chamber.
Bashan teaches the system further comprising a compressor that controls a pressure or flow rate of the gas introduced into the reactor chamber (Paras. [0027], [0040]; controller (103) may control a compressor used to supply the sparger where the controller sets the flow rate).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the pump and valves system of Roulston with a compressor as taught by Bashan because both Roulston and Bashan are directed to photobioreactors being used in the cultivation of algae, Bashan teaches the use of the compressor aids in control of turbulent mixing of the algae (Abstract, Para. [0008]) and thus equal distribution of nutrients , and this involves applying a known technique/teaching to a similar device to yield predictable results.
Regarding claim 8, modified Roulston teaches all of the elements of the current invention as stated with respect to claim 7. Modified Roulston, as mentioned above, further teaches wherein the compressor is the recipient device that receives the trigger and changes the pressure or flow rate of the gas introduced into the reactor chamber based on the trigger (Para. [0061], Fig 11. (144 valve, 160 system controller); [0087-0089], Fig. 15 receive data and output control signals to one or both CO2 and/or air supply (510); Para. [0155]).
Regarding claim 19, Roulston teaches all of the elements of the claimed invention with respect to claim 13. Roulston does not teach the use of a compressor in the disclosed invention, however as seen above with respect to claim 7 it is obvious to use the compressor as taught in Bashan within the disclosed invention of Roulston. Therefore, modified Roulston teaches the method further comprising controlling a pressure or flow rate of the gas introduced into the reactor chamber via a compressor. Regarding claim 20, modified Roulston teaches all of the elements of the claimed invention with respect to claim 19. Modified Roulston further teaches the method further comprising sending the trigger to the compressor, wherein the compressor receives the trigger and changes the pressure or flow rate of the gas introduced into the reactor chamber (Para. [0061], Fig 11. (144 valve, 160 system controller); [0087-0089], Fig. 15 receive data and output control signals to one or both CO2 and/or air supply (510); Para. [0155]).
Claims 12 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Roulston in view of Wilson (US 20120107921).
Regarding claim 12, Roulston teaches all of the elements of the claimed invention with
respect to claim 11.
Roulston further teaches the concept of optimization of the harvest rate based on an optical sensing measurement of the turbidity (or target density) of the seaweed biomass within the reaction chamber of the photobioreactor (Para. [0159]). Roulston does not teach wherein the harvesting system is the recipient device that receives the trigger and initiates separation of the algae biomass from the liquid media based on the trigger.
Wilson discloses a model-based real time control system designed for the use in photobioreactor operation in growing algae (Abstract). Wilson teaches the system wherein the predetermined target characteristics include a target density of the algae suspension (Paras. [0055], [0078]), and wherein harvesting system is the recipient device that receives the trigger and initiates separation of the algae biomass from the liquid media based on the trigger (Paras. [0204], [0244]).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting system of Roulston by measuring target density with optical sensors and using a control system to monitor and activate the harvesting system as needed as taught by Wilson because both Roulston and Wilson are directed to the optimization of the use of photobioreactors to culture algae, Wilson teaches that the use of combination of sensors and control systems in tandem with modeling allows system optimization (Abstract), and this involves applying a known technique/teaching to a similar device to yield predictable results.
Regarding claim 24, Roulston teaches all of the elements of the claimed invention with
respect to claim 11 and 23. Roulston does not teach the method further comprising sending the trigger to the harvesting system, wherein the harvesting system receives the trigger and initiates separation of the algae biomass from the liquid media.
Wilson teaches the method wherein the predetermined target characteristics include a target density of the algae suspension, and further comprising sending the trigger to the harvesting system, wherein the harvesting system receives the trigger and initiates separation of the algae biomass from the liquid media (Paras. [0055], [0066], [0078], [0204], [0244]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONAVAN L BRIDGES whose telephone number is (571)272-9636. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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/D.L.B./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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