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 § 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.
Claims 10 and 12 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.
The term “tight fit” in claim 10 is a relative term which renders the claim indefinite. The term “tight fit” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “tight fit” in claim 11 is a relative term which renders the claim indefinite. The term “tight fit” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “near” in claim 11 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 11 recites the limitation "the head of the piston" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
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 1, 2, 4, 7-9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Bergman et al. (US 5,658,610) in view of Oklejas Jr. (US 2018/0135606).
Regarding claim 1, the reference Bergman et al. teaches a pumping system (see col. 2, lines 43-45; col. 7, lines 1-62; Fig. 1), suitable for a hydrothermal biomass converter, comprising:
one or more cylinders (1) each having an inlet end (2) and an outlet end (14) and each having both a low pressure valve (22, 24) and a high pressure valve (11, 15) at both the inlet (2) and the outlet (14) end (see col. 7, lines 18-48; Fig. 1) and each comprising an inner hydraulic actuator segment (3) which is separated from an inlet segment (A-B) on the inlet end (2) and from an outlet segment (A-B) on the outlet end (14) (see col. 7, lines 1-15; Fig. 1) and each further comprising an axially displaceable piston (7) fitted with a piston ring which piston is adapted to move back and forth within the hydraulic actuator segment (3) so as to alternately displace volume in the inlet segment (A-B) when piston movement is towards the inlet end (2) and in the outlet segment (A-B) when piston movement is towards the outlet end (14) (see col. 8, lines 8-21; Fig. 1);
a feed input system (21) in fluid communication with each of the low pressure valves (22) at the inlet ends (2) of the one or more cylinders (1) (see col. 7, lines 59-62; Fig. 1); and
a product output system (23) in fluid communication with each of the low pressure valves (24) at the outlet ends (14) of the one or more cylinders (1) (see col. 7, lines 59-62; Fig. 1).
The reference Bergman et al., however, does not specifically specify that the inner hydraulic actuator segment (3) is separated from the inlet segment (A-B) on the inlet end (2) and from the outlet segment (A-B) on the outlet end (14) by a lower-pressure zone sealed by two or more gaskets.
The reference Oklejas Jr. teaches a pumping system (see paras. [0014]-[0019]; [0042]; [0060]; Figs. 1, 2, 8), suitable for a hydrothermal biomass converter, comprising: one or more cylinders (12) each having an inlet end (42) and an outlet end (46) and each having both a low pressure valve (60, 64) and a high pressure valve (62, 66) at both the inlet (42) and the outlet (46) end (see para. [0019]; Figs. 1, 2, 8) and each comprising an inner hydraulic actuator segment (30) (see paras. [0011]; [0015]) which is separated from an inlet segment (42) on the inlet end (42) and from an outlet segment (46) on the outlet end (46) by a lower-pressure zone (818, 822) sealed by two or more gaskets (810, 816) (see para. [0060]; Fig. 8) and each further comprising an axially displaceable piston (14) fitted with a piston ring (see para. [0010]) which piston is adapted to move back and forth within the hydraulic actuator segment (30) so as to alternately displace volume in the inlet segment (42) when piston movement is towards the inlet end (42) and in the outlet segment (46) when piston movement is towards the outlet end (46) (see para. [0019]; Fig. 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Bergman et al. and Oklejas Jr., and modified the pumping system of Bergman et al. to have the inner hydraulic actuator segment (3) separated from the inlet segment (A-B) on the inlet end (2) and from the outlet segment (A-B) on the outlet end (14) Bergman et al. by a lower-pressure zone sealed by two or more gaskets, as taught by Oklejas Jr., and claimed by applicant, since the reference Oklejas Jr. teaches that such a modification advantageously allows a sensor to be arranged in the lower-pressure zone as well as allow for visual inspection to monitor for leakage between the cylinder and the piston (see para. [0060]; Fig. 8).
Regarding claim 2, the references Bergman et al. and Oklejas Jr. do not specifically disclose that the pumping system is adapted to pump a feed stream into and remove a product stream out from a thermochemical biomass converter pressurized to a pressure within the range 100 to 400 bar. However, it would have been obvious to one having ordinary skill in that art before the effective filing date of the claimed invention to have the pumping system of Bergman et al. and Oklejas Jr. adapted to pump a feed stream into and remove a product stream out from a thermochemical biomass converter pressurized to a pressure within the range 100 to 400 bar, since the reference Bergman et al. teaches that the pumping system advantageously provides for high-pressure treatment of a liquid substance while allowing for recovery of the energy supplied to the substance during pressurization of the substance (see col. 3, lines 1-14).
Regarding claim 4, the references Bergman et al. and Oklejas Jr. teach that the pumping system may further comprise sensors to detect piston location and pressure situated at various points in each of the one or more inlet segments and outlet segments (see Oklejas Jr. para. [0042]; [0061]).
Regarding claim 7, the references Bergman et al. and Oklejas Jr. are silent with respect to having each of the one or more cylinders is formed from a separate inlet segment and a separate outlet segment each connected to a separate intervening hydraulic actuator segment by flanges. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have each of the one or more cylinders is formed from a separate inlet segment and a separate outlet segment each connected to a separate intervening hydraulic actuator segment by flanges, since it has been held that making parts separable where it is desirable to do so is generally recognizes as being within the level of ordinary skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 8, the references Bergman et al. and Oklejas Jr. teach that the pumping system may may have a plurality of cylinders (see Bergman et al.: col. 2, lines 43-45).
Regarding claim 9, the references Bergman et al. and Oklejas Jr. teach that the pumping system may may have a plurality of cylinders (see Bergman et al.: col. 2, lines 43-45).
Regarding claim 12, the references Bergman et al. and Oklejas Jr. teach the pumping system, wherein the lower-pressure zone is a no-pressure zone (see Oklejas Jr.: para. [0060]; Fig. 8).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bergman et al. in view of Oklejas Jr. as applied to claim 1 above, and further in view of Johannsen et al. (US 2017/0233327).
Regarding claims 13-15, the references Bergman et al. and Oklejas Jr. do not disclose a high pressure thermal processing system. The reference Johannsen et al. teaches a high pressure thermal processing system (10) configured for processing biomass by hydrothermal conversion or hydrothermal liquefaction (see paras. [0002]; [0022]; [0063]; Fig. 1). The reference Johannsen et al. teaches that the high pressure thermal processing system includes a production line (10) and a pumping means (20) capable of pumping a biomass feed (4) through the production line under a controlled pressure and flow (see para. [0063]; Fig. 1). The reference Johannsen et al. further teaches that the pumping means (20) may comprise electrically driven, hydraulically driven, and/or pneumatically driven pumps (see para. [0069]). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the pumping system of Bergman et al. and Oklejas Jr. for pumping the biomass feed into the production line (10) as well as discharging of a product output from the production line (10), and predictably arrived at the instantly claimed high pressure thermal processing system, since the reference teaches that the pumping system advantageously provides for high-pressure treatment of a liquid substance while allowing for recovery of the energy supplied to the substance during pressurization of the substance (see col. 3, lines 1-14).
Allowable Subject Matter
Claims 3, 5, and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the claim would be allowable because the prior art of record does not disclose or fairly suggest the pumping system further having a hydraulic drive system comprising a hydraulic valve with two lines in fluid communication with the hydraulic actuator segment with one line in fluid communication with the hydraulic valve and a hydraulic positive displacement pump mounted on the same axle with a hydraulic motor having equivalent volume displacement capacity as the pump and having one line in fluid communication with the hydraulic valve and were both the hydraulic motor and the hydraulic pump is connected via the same axle to an electrical motor, as recited in claim 3.
Regarding claim 5, the claim would be allowable because the prior art of record does not disclose or fairly suggest the pumping system further having intake lines to low pressure valves on each of the one or more inlet segments that are turned upwards to allow for accumulated air to escape, as recited in claim 5
Regarding claim 6, the claim would be allowable because the prior art of record does not disclose or fairly suggest the pumping system further having outlet lines to low pressure valves on each of the one or more outlet segments that are turned upwards and connected to a reservoir that provides a gravity flowback of produced liquid, as recited in claim 6.
Claims 10 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESSANEWORK SEIFU/Primary Examiner, Art Unit 1774