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 Invention I in the reply filed on February 16, 2026 is acknowledged. Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Interpretation
Claim 21 is interpreted as a system which comprises a nitrogen reduction system configured to reduce at least one nitrogen compound below a toxicity threshold and/or a recalcitrant reduction system configured to reduce at least one compound below a toxicity threshold. Accordingly, prior art reading on the claim needs to teach only one of the systems to anticipate the claim or it may teach both systems to anticipate the claim.
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 1-3 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitano et al. (JP 2003-39036, the passages cited below refer to the machine-generated English translation provided with the instant office action).
Per claim 1, Kitano et al. teach an anaerobic reactor system (Fig. 1) comprising:
a vessel (4) configured for performing anaerobic digestion (page 2, The organic waste 1 is liquefied and solubilized by decomposing into organic matter, and then the solubilized product 3 of the organic waste is transferred to the digestion tank 4 and the methane bacteria are digested in the digestion tank 4.);
a nitrogen reduction system (11) configured for reducing an amount of at least one nitrogen compound in a substrate mixture below a toxicity threshold that is six thousand (6,000) parts per million resulting in a non-toxic substrate mixture for
purposes of anaerobic digestion by the anaerobic reactor system (page 5, This is because the ammonia concentration of the solubilized product 14 has been found to be reduced to 2000 mg / L or less.); and
at least a portion of a feeder system (the pipeline between elements 11 and 4) configured for feeding at least a portion of the non-toxic substrate mixture into the vessel (Fig. 1; page 6, The solubilized product 14 from which ammonia has been stripped and removed in the flushing tank 11 is then transferred to the digestion tank 4, and anaerobic digestion treatment is performed in the digestion tank 4 to generate biogas 5.).
Per claim 2, wherein the at least one nitrogen compound is ammonia, ammonium, a nitrate, or a nitrite; or wherein the at least one nitrogen compound comprises organic nitrogen or inorganic nitrogen (page 5, This is because the ammonia concentration of the solubilized product 14 has been found to be reduced to 2000 mg / L or less.).
Per claim 3, regarding wherein the toxicity threshold is: three thousand (3,000) parts per million, it is submitted that the recitation is a process limitation that fails to impose additional structure on the system. Further, it is well settled that “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990). Claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78 (Fed Cir. 1997).
Per claim 21, Kitano et al. teach an anaerobic reactor system (Fig. 1) comprising:
a vessel (4) configured for performing anaerobic digestion (abstract, The solubles 14 with an ammonia concentration lowered by stripping ammonia is transferred to a digester 4, where it is anaerobically digested to form a biogas 5.);
at least one of a nitrogen reduction system or a recalcitrant reduction system (11; page 5, This is because the ammonia concentration of the solubilized product 14 has been found to be reduced to 2000 mg / L or less.);
and
at least a portion of a feeder system (pipeline between elements 11 and 4) configured for feeding a substrate mixture into the vessel (Fig. 1; page 6, The solubilized product 14 from which ammonia has been stripped and removed in the flushing tank 11 is then transferred to the digestion tank 4, and anaerobic digestion treatment is performed in the digestion tank 4 to generate biogas 5.);
wherein: (a) the nitrogen reduction system, when present, is configured to
reduce an amount of at least one nitrogen compound in the substrate mixture below a
toxicity threshold for anaerobic digestion (11; page 5, This is because the ammonia concentration of the solubilized product 14 has been found to be reduced to 2000 mg / L or less.); and (b) the recalcitrant reduction system, when present, is configured to reduce an amount of at least one recalcitrant compound in the substrate mixture below the toxicity threshold for anaerobic digestion;
such that the substrate mixture is rendered non-toxic for purposes of anaerobic
digestion in the vessel (11; page 5, This is because the ammonia concentration of the solubilized product 14 has been found to be reduced to 2000 mg / L or less.); and
wherein the feeder system is configured to introduce at least a portion of the
non-toxic substrate mixture into the vessel for anaerobic digestion resulting in methane
production (Fig. 1; page 6, The solubilized product 14 from which ammonia has been stripped and removed in the flushing tank 11 is then transferred to the digestion tank 4, and anaerobic digestion treatment is performed in the digestion tank 4 to generate biogas 5.).
Claims 8-10 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morper et al. (US 4,551,250).
Per claim 8, Morper et al. teach an anaerobic reactor system (2, 5; abstract, In a process for the anaerobic biological purification of wastewater containing organic pollutants, the wastewater to be purified is conducted through two series-connected reactors (2 and 5) operated under anaerobic conditions.) comprising:
a vessel (5) configured for performing anaerobic digestion (col. 7, lines 32-35, In the context of treating raw wastewater, the present invention is used to achieve a rapid-rate anaerobic digestion of the entire wastewater stream by treating separated low-rate ingredients in a first reactor.; col. 8, lines 52-54, A second reactor 5, operated under anaerobic conditions, is connected through a connecting conduit 4 to the first reactor 2 arranged downstream from the latter.);
a recalcitrant reduction system configured for reducing an amount of at least one type of recalcitrant in a substrate mixture resulting in a non-toxic substrate mixture (abstract, In order to achieve a shortening of the residence time for the wastewater to be purified and thereby a savings in total reactor volume, the pollutants contained in the wastewater, which are present partially in the undissolved, partially in the macromolecular state and are only slowly metabolizable under anaerobic conditions, are retained in the first reactor (2) by means of a filter medium (3) arranged in the first reactor (2).; col. 3, lines 35-43, Additionally, by retaining the pollutants that are difficult to degrade in the first reactor with the aid of the medium having filtering activity, an increase in the concentration of the waste-water ingredients that are difficult to degrade is simultaneously also achieved in the first reactor because the requirement of providing a volume for the readily degradable components is no longer necessary since they are passed directly to the second reactor.) for purposes of anaerobic digestion by the anaerobic reactor system (col. 7, lines 32-35, In the context of treating raw wastewater, the present invention is used to achieve a rapid-rate anaerobic digestion of the entire wastewater stream by treating separated low-rate ingredients in a first reactor.); and
at least a portion of a feeder system (pipeline 4) configured for feeding at least a portion of the non-toxic substrate mixture into the vessel (abstract, On the other hand, pollutants initially present in the dissolved condition in the wastewater and which are readily degradable by anaerobic microorganisms, are further conducted directly through the first reactor, without substantial conversion, into the second reactor (5) through a connecting conduit (4).).
Per claim 9, wherein the at least one type of recalcitrant is cells, cellulose, lignin, or biomass that is lignocellulosic (col. 1, lines 55-68, In this application it is noted that "difficult to degrade", "gradually degradable", "slowly degradable", "low-rate" and "high molecular weight and undissolved" ingredients are used interchangeably and mean the same thing. Likewise, "rapidly degradable", "rapid rate", "readily degradable and dissolved" and "low molecular weight" ingredients are also used interchangeably and mean the same thing. In general, by low-rate substances, examples thereof include, but are not limited to, partially dissolved and partially macromolecular materials, e.g., proteins, long-chain fatty acids, fats, vegetable oils, tallow, bacterial and yeast cell-walls, celluloses, hemicelluloses, starch, in emulsified, suspended or colloidal state as discharged, e.g., from slaughterhouses, dairies, rendering plants, oil mills, pharmaceutical and organochemical plants, pulp and paper factories.).
Per claim 10, wherein the recalcitrant reduction system is further configured for reducing the amount of the at least one type of recalcitrant in the substrate mixture below a toxicity threshold that is less than twelve percent (12%) recalcitrants or less than that six percent (6%) recalcitrant (col. 3, lines 49-53, For typical concentrated waste water a minimum share of slowly degradable COD of 10% can be assumed to give enough saving in reactor volume. Process economy increases with increasing percentage of slowly degradable COD, with principally no upper limit.; col. 3, lines 59-65, With only 10% slowly degradable COD an average reduction in reactor volume of 20% compared to a single stage version can be expected, while with .gtoreq.90% slowly degradable COD, savings of 80% and more can be calculated. Thus, the volume of the first reactor can be reduced in relation to the attainable increase in concentration.).
Per claim 21, Morper et al. teach an anaerobic reactor system (2, 5; abstract, In a process for the anaerobic biological purification of wastewater containing organic pollutants, the wastewater to be purified is conducted through two series-connected reactors (2 and 5) operated under anaerobic conditions.) comprising:
a vessel (5) configured for performing anaerobic digestion;
at least one of a nitrogen reduction system or a recalcitrant reduction system (abstract, In order to achieve a shortening of the residence time for the wastewater to be purified and thereby a savings in total reactor volume, the pollutants contained in the wastewater, which are present partially in the undissolved, partially in the macromolecular state and are only slowly metabolizable under anaerobic conditions, are retained in the first reactor (2) by means of a filter medium (3) arranged in the first reactor (2).; col. 3, lines 35-43, Additionally, by retaining the pollutants that are difficult to degrade in the first reactor with the aid of the medium having filtering activity, an increase in the concentration of the waste-water ingredients that are difficult to degrade is simultaneously also achieved in the first reactor because the requirement of providing a volume for the readily degradable components is no longer necessary since they are passed directly to the second reactor.); and
at least a portion of a feeder system (pipeline 4) configured for feeding a substrate mixture into the vessel (abstract, On the other hand, pollutants initially present in the dissolved condition in the wastewater and which are readily degradable by anaerobic microorganisms, are further conducted directly through the first reactor, without substantial conversion, into the second reactor (5) through a connecting conduit (4).);
wherein: (a) the nitrogen reduction system, when present, is configured to reduce an amount of at least one nitrogen compound in the substrate mixture below a toxicity threshold for anaerobic digestion; and (b) the recalcitrant reduction system,when present, is configured to reduce an amount of at least one recalcitrant compound in the substrate mixture below the toxicity threshold for anaerobic digestion (abstract, In order to achieve a shortening of the residence time for the wastewater to be purified and thereby a savings in total reactor volume, the pollutants contained in the wastewater, which are present partially in the undissolved, partially in the macromolecular state and are only slowly metabolizable under anaerobic conditions, are retained in the first reactor (2) by means of a filter medium (3) arranged in the first reactor (2).; col. 3, lines 35-43, Additionally, by retaining the pollutants that are difficult to degrade in the first reactor with the aid of the medium having filtering activity, an increase in the concentration of the waste-water ingredients that are difficult to degrade is simultaneously also achieved in the first reactor because the requirement of providing a volume for the readily degradable components is no longer necessary since they are passed directly to the second reactor.);
such that the substrate mixture is rendered non-toxic for purposes of anaerobic digestion in the vessel (abstract, In order to achieve a shortening of the residence time for the wastewater to be purified and thereby a savings in total reactor volume, the pollutants contained in the wastewater, which are present partially in the undissolved, partially in the macromolecular state and are only slowly metabolizable under anaerobic conditions, are retained in the first reactor (2) by means of a filter medium (3) arranged in the first reactor (2).; col. 3, lines 35-43, Additionally, by retaining the pollutants that are difficult to degrade in the first reactor with the aid of the medium having filtering activity, an increase in the concentration of the waste-water ingredients that are difficult to degrade is simultaneously also achieved in the first reactor because the requirement of providing a volume for the readily degradable components is no longer necessary since they are passed directly to the second reactor.); and
wherein the feeder system is configured to introduce at least a portion of the non-toxic substrate mixture into the vessel (abstract, On the other hand, pollutants initially present in the dissolved condition in the wastewater and which are readily degradable by anaerobic microorganisms, are further conducted directly through the first reactor, without substantial conversion, into the second reactor (5) through a connecting conduit (4).) for anaerobic digestion resulting in methane production (7; col. 8, lines 55-57, This second reactor comprises an outlet 6 for treated waste-water and a gas exhaust conduit 7 for sewer gas, e.g., methane containing gas.).
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.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kitano et al. (JP 2003-39036) in view of Dai et al. (CN 105859038, the passages cited below refer to the machine-generated English translation provided with the instant office action).
Per claim 4, Kitano et al. do not disclose the nitrogen reduction system comprising a sparger coupled to a source of sparging gas and configured for injecting the sparging gas into the substrate mixture.
Dai et al., also directed to an anaerobic reactor system (abstract, The invention belongs to solid waste recycling field of sewage treatment and sewage treatment technique carbon source of a high efficiency used in mud. In the invention, the biogas liquid backflow high solid sludge anaerobic digestion control system after ammonia nitrogen concentration to promote acetate utilization methane system utilizing methane to hydrogen system into full use of CO2/H2 methane production pathway, saving organic carbon source represented by short-chain fatty acids (acetic acid, etc.).), the system coupled to a source of sparging gas and configured for injecting the sparging gas into a substrate mixture (Fig. 1; within tank 5) in order to, for example, remove ammonia from the mixture (Fig. 1).
Regarding the system comprising a sparger, it is submitted that it would have been a routine matter of design choice to provide a sparger in order to, for example, control the size of the bubbles within the tank and the pressure with which the gas is introduced.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of Kitano et al. such that it comprises the nitrogen reduction system comprising a sparger coupled to a source of sparging gas and configured for injecting the sparging gas into the substrate mixture in order to, for example, remove ammonia from the mixture and control the size of the bubbles within the tank and the pressure with which the gas is introduced.
Per claim 5, Kitano et al. do not disclose the nitrogen reduction system further comprising a controller configured for controlling a temperature of the sparging gas.
It is submitted that it would have been well within the purview of the skilled artisan to modify the system of Kitano et al., as modified by Dai et al., such that it comprises the nitrogen reduction system further comprising a controller configured for controlling a temperature of the sparging gas in order to, for example, ensure that the desired temperature is maintained while removing ammonia from the nitrogen reduction system.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kitano et al. (JP 2003-39036).
Per claim 6, Kitano et al. do not disclose the nitrogen reduction system further comprising a controller configured for controlling a temperature of the substrate mixture.
It is submitted that it would have been well within the purview of the skilled artisan to modify the system of Kitano et al., as modified by Dai et al., such that it comprises the nitrogen reduction system further comprising a controller configured for controlling a temperature of the substrate mixture in order to, for example, ensure that the desired temperature is maintained while removing ammonia from the substrate mixture and/or while digesting the substrate mixture.
Per claim 7, Kitano et al. do not disclose the nitrogen reduction system
comprising a sensor that is configured for detecting a pH of the substrate mixture or an amount or concentration of a nitrogen compound in the substrate mixture, the sensor coupled to a controller that is configured for controlling the nitrogen reduction system based at least in part on the detected pH of the substrate mixture or the amount or concentration of the nitrogen compound in the substrate mixture.
It is submitted that it would have been a routine matter of process optimization to provide the system of Kitano et al. with a sensor that is configured for detecting a pH of the substrate mixture or an amount or concentration of a nitrogen compound in the substrate mixture, the sensor coupled to a controller that is configured for controlling the nitrogen reduction system based at least in part on the detected pH of the substrate mixture or the amount or concentration of the nitrogen compound in the substrate mixture depending on anticipated nitrogen compound loading and the results desired. Further, the examiner notes that applicant has not provided for the record a proper showing (e.g., comparative test data) of any new and unexpected result obtained by providing the recited sensor.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Morper et al. (US 4,551,250) in view of Kovacs et al. (WO 2013/038216).
Per claim 11, Morper et al. do not disclose the recalcitrant reduction system comprising a population of one or more Caldicellulosiruptors.
Kovacs et al., also directed to an anaerobic system (page 10, line 37, Preferably, the use and/or method of the invention is performed anaerobically or near-anaerobically.), disclose providing a recalcitrant reduction system comprising a population of one or more Caldicellulosiruptors (page 2, Table 4) in order to, for example, boost biogas production (page 10, lines 38-41, Preferably, the protein-containing substrate is blood, e.g. blood waste, preferably blood of mammalian origin, such as swine blood, cattle blood, sheep blood, goat blood; blood of bird origin, highly preferably poul- try blood, such as chicken blood, duck blood, turkey blood, goose blood; blood of fish origin, such as the blood of sea fish, fresh water fish, said fishes collected by net fishing or fish harvesting.; page 23, lines 12-14, The Caldicellulosiruptor saccharolyticus is a hydrogen producing bacterium with cellulytic activity. When C saccharolyticus is added to waste sludge or dried plant biomass the biogas production increases significantly [Bagi et al. Appl Microbiol Biotechnol. 2007 Aug; 76(2):473-82.]).
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of Morper et al. such that it comprises the recalcitrant reduction system comprising a population of one or more Caldicellulosiruptors in order to, for example, ultimately boost biogas production.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Morper et al. (US 4,551,250) in view of Kiuchi et al. (JP 2016140848, the passages cited below refer to the machine-generated English translation provided with the instant office action).
Per claim 12, Morper et al. do not disclose the recalcitrant reduction system comprising a population of one or more Neocallimastigomycota.
Kiuchi et al. disclose a recalcitrant reduction system (page 2, In the present invention, the organic waste water is not particularly limited as long as the waste water contains organic matter. Organic wastewater is generally wastewater containing organic matter such as fats and oils and discharged from restaurants, food processing factories, machine factories and the like.) comprising a population of one or more Neocallimastigomycota (page 4, Neocallimastigomycota) in order to, for example, reduce the amount of recalcitrant in the wastewater.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of Morper et al. such that it comprises the recalcitrant reduction system comprising a population of one or more Neocallimastigomycota in order to, for example, reduce the amount of recalcitrant in the wastewater.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Morper et al. (US 4,551,250).
Per claim 13, Morper et al. disclose that reactor temperatures are in the mesophilic or thermophilic range col. 11, lines 14-16, Reactor temperatures are in the mesophilic (20.degree.-35.degree. C.) or thermophilic range (50.degree.-65.degree. C.) with temperature control by conventional cooling.). Morper et al. do not explicitly disclose the recalcitrant reduction system further comprising a controller configured for controlling a temperature of the substrate mixture.
It is submitted that it would have been a routine matter of design choice to modify the system of Morper et al. such that it comprises a controller configured for controlling a temperature of the substrate mixture in order to, for example, ensure that the reactor system stays in the mesophilic or thermophilic range.
Per claim 14, Morper et al. do not disclose the recalcitrant reduction system comprising a sensor that is configured for detecting an indication of a percentage of a type of recalcitrant in the substrate mixture, the sensor coupled to a controller that is configured for controlling the recalcitrant reduction system based at least in part on the detected indication of the percentage of the type of recalcitrant in the substrate mixture.
It is submitted that it would have been a routine matter of process optimization to provide the system Morper et al. with a sensor that is configured for detecting an indication of a percentage of a type of recalcitrant in the substrate mixture, the sensor coupled to a controller that is configured for controlling the recalcitrant reduction system based at least in part on the detected indication of the percentage of the type of recalcitrant in the substrate mixture depending on anticipated recalcitrant compound loading and the results desired. Further, the examiner notes that applicant has not provided for the record a proper showing (e.g., comparative test data) of any new and unexpected result obtained by providing the recited sensor.
Conclusion
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/FRED PRINCE/
Primary Examiner
Art Unit 1779