DETAILED ACTION
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 13-19 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumar (US 20150329399).
With respect to claims 13 and 22, Kumar discloses a system for manufacturing a liquid fertilizer comprising a waste tank (Figure 1:14) configured to hold a liquid organic waste. A filter (Figure 1:20) is in communication with the waste tank and is configured to filter organic waste to obtain a clarified liquid organic waste (Figure 1:22). This is described in paragraphs [0028]-[0034]. A first heater comprising at least one stripping tank (Figure 6:34) heats the clarified liquid organic waste to remove water vapor and volatile compounds to obtain a salt-rich concentrate (Figure 6:44). A condenser (Figure 6:38) configured as a gas scrubbing unit condenses the water vapor and volatile compounds to obtain a first condensate (Figure 6:42) through the addition of a cold absorbent liquid. This is described in paragraphs [0037]-[0039] and [0082]-[0084] (“The ammonia is scrubbed into the absorbent liquid as ammonium hydroxide and at the same time, entrained water is condensed”). A second heater (Figure 6:78) configured as a distillation column receives the first condensate. A second concentrate comprising water vapor and volatile compounds from the second heater is treated in a second condenser (Figure 6:74) to obtain a second condensate (Figure 6:80).
With respect to claim 14, Kumar discloses the system as described above. Kumar further indicates in paragraph [0032] that the filter is a microfilter (“The first solid-liquid separation device 20 may have openings larger than 400 microns but smaller than 1000 microns”).
With respect to claim 15, Kumar discloses the system as described above. Kumar states in paragraph [0021] that the liquid organic waste is livestock manure and/or food waste, and that it may be provided raw to an anaerobic digester.
With respect to claim 16, Kumar discloses the system as described above. Any of Kumar’s products and biproducts are combinable to create a mixture for use as a fertilizer. This recitation relates to what is done with produced concentrate and condensate streams, and does not require or describe any additional structural detail. Apparatus claims cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114.
With respect to claim 17, Kumar discloses the system as described above. Kumar teaches in at least paragraph [0034] that the nitrogen content of the product mixture is greater than 5% nitrogen.
With respect to claims 18 and 19, Kumar discloses the system as described above. Kumar further indicates in paragraphs [0042] and [0043] that a dehydrator (Figure 1:50 and Figure 1:54) configured as a dryer is used to dehydrate the salt-rich concentrate (Figure 1:44) to create a semi-solid or solid product (Figure 1:56).
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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar (US 20150329399) as applied to claim 13, and further in view of Orentlicher (US 20190210904).
Kumar discloses the system as described above. As previously discussed, Kumar indicates that a microbial reactor 14 functions as a waste tank to deliver liquid organic waste to a filter, which in turn produces a clarified liquid organic waste. Kumar, however, does not state that the microbial reactor is downstream from the filter, so that the microbial reactor processes and adjusts the contents of the clarified liquid waste.
Orentlicher discloses a system for manufacturing a liquid fertilizer comprising a waste tank configured to hold a liquid organic waste (“raw manure 10 with or without associated dairy waste generated at the CAFO is transported to a solids separation unit/process 20 (it being understood that a mixing or holding tank/vessel could be used prior to solids separation and/or can be used for solids separation”). A filter (Figure 1:20) is in communication with the waste tank and is configured to filter the organic waste to obtain a clarified liquid organic waste. The clarified liquid organic waste is sent to an anaerobic digester (Figure 1:30) to further process the clarified liquid organic waste and adjust a concentration of ammonia present in the clarified liquid organic waste. This is described in paragraphs [0029]-[0036]. From there, the organic waste is sent to at least one heater (Figure 1:40) and at least one condenser (Figure 1:50).
Before the effective filing date of the claimed invention, it would have been obvious to modify the Kumar system to ensure that the microbial reactor is downstream from the filter. Orentlicher shows how it is common to collect waste material in a mixing or holding tank/vessel before it is transferred to a filter in order to produce a clarified liquid organic waste, which is then treated in an anaerobic digester. Orentlicher teaches that this sequence of operations produces an effluent digestate characterized by optimal levels of dissolved ammonia and carbon dioxide that can be recaptured as solid ammonium bicarbonate. Orentlicher, therefore, shows how this modification to Kumar would facilitate the generation of a nitrogen rich fertilizer product.
Response to Arguments
Applicant's arguments filed 21 August 2026 have been fully considered but they are not persuasive.
Applicant primarily argues that the Kumar gas scrubbing unit 38 cannot be considered a condenser. However, Kumar expressly states that the gas scrubbing unit 38 uses cold water 40 at 20°C to condense hot water vapor at 65°C in the mixed gas stream. See paragraph [0083] (“entrained water is condensed”). Furthermore, Applicant has established a broad definition for the terms “condense” and “condenser” in paragraph [0066] of the specification to include not only processes and devices for conventional condensation of water vapor and ammonia from gaseous to liquid states, but also for transferring gaseous ammonia into liquids such as water, for example, through contact with water in a packed bed with high surface area media. At a minimum, the Kumar gas scrubbing unit 38 functions by transferring gaseous ammonia into liquids such as water, for example, through contact with water in a packed bed. This operation is described in paragraph [0083] (“The mixed gas stream 36 is scrubbed using cold water, for example about 20 degrees C., in a counter current packed bed gas scrubbing unit 38. The ammonia is scrubbed into the absorbent liquid as ammonium hydroxide”).
Conclusion
THIS ACTION IS MADE FINAL. 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 NATHAN ANDREW BOWERS whose telephone number is (571)272-8613. The examiner can normally be reached M-F 7am-5pm.
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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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/NATHAN A BOWERS/Primary Examiner, Art Unit 1799
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