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 Objections
Claim 16 is objected to because of the following informalities:
The claim recites “The according to claim 15” where it appears applicant intended “The method according to claim 15.” Appropriate correction is required.
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 1-5, 8-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US 2021/0024861) in view of Kennedy et al. (US 2016/0251587).
Per claim 1, He et al. disclose a system for separating and removing methane (abstract, The systems can be used for coculturing methanotrophs and phototrophs for processing biogas and wastewater, particularly from anaerobic digesters.; [0056] For processing certain types of substrates, such as methane-containing gases and wastewater, the cells adhered to the surface 7 can include one or both of a methanotroph and a phototroph.; [0057] Methanotrophs are organisms that metabolize methane as their source of carbon and energy. Suitable methanotrophs include species of bacteria and/or archaea. Exemplary suitable methanotrophs include species from the genus Methylococcus, such as Methylococcus capsulatus; species from the genus Methylocystis; species from the genus Methylosinus, such as Methylosinus trichosporium OB3b; species from the genus Methylomonas, such as Methylomonas sp. LW13; species from the genus Methylosarcina, such as Methylosarcina fibrate, Methylosarcina quisquiliarum, and Methylosarcina lacus sp. nov. LW14T; and species from the genus Methylomonas, such as Methylomonas methanica S1.), the system comprising: a reactor (5) capable of receiving a digestate ([0048] An exemplary source of biogas and wastewater than can be processed in the system 1 of the invention is an anaerobic digester, such as an anaerobic digester at a wastewater (sewage or other) treatment plant, wherein the gas is derived from the headspace of the anaerobic digester and the wastewater comprised of digestate effluent from the anaerobic digester.), a sufficient amount of agricultural commodities ([0048] The wastewater, however, can comprise wastewater during any stage of treatment or any mixture of wastewater during any stage of treatment. [0052] Particular examples of wastewater include animal farm wastewater, vegetable farm wastewater, food-processing plant wastewater, winery wastewater, landfill wastewater, and fishery wastewater.) and a sufficient amount of microbial additives ([0056] For processing certain types of substrates, such as methane-containing gases and wastewater, the cells adhered to the surface 7 can include one or both of a methanotroph and a phototroph.; [0057] Methanotrophs are organisms that metabolize methane as their source of carbon and energy. Suitable methanotrophs include species of bacteria and/or archaea. Exemplary suitable methanotrophs include species from the genus Methylococcus, such as Methylococcus capsulatus; species from the genus Methylocystis; species from the genus Methylosinus, such as Methylosinus trichosporium OB3b; species from the genus Methylomonas, such as Methylomonas sp. LW13; species from the genus Methylosarcina, such as Methylosarcina fibrate, Methylosarcina quisquiliarum, and Methylosarcina lacus sp. nov. LW14T; and species from the genus Methylomonas, such as Methylomonas methanica S1.); and, at least one separator. He et al. do not explicitly disclose wherein the methane is removed from the digestate by reacting the agricultural commodities and microbial additives with the digestate resulting in a demethanized digestate. However it is submitted that since the methanotrophs on belt 7 contact the digestate within the reactor (Fig. 1), it would have been readily obvious to remove at least some methane that is typically present in digestate up to a methane saturation level in order to breakdown the methane via at least the methanotrophs on the belt.
He et al. do not disclose, whereby, the at least one separator includes at least one screen capable of separating the demethanized digestate into demethanized digestate solids and demethanized digestate liquids.
Kennedy et al., also directed to digestate processing ([0330] Anaerobically digested dairy effluent was obtained from a dairy processing manure from 5,000 cows via a mesophilic complete mixed plug flow digester….), disclose providing at least one separator including at least one screen capable of digestate into digestate solids and digestate liquids ([0330] Anaerobically digested dairy effluent was obtained from a dairy processing manure from 5,000 cows via a mesophilic complete mixed plug flow digester (DVO Inc., Chilton Wis.), with a hydraulic retention time of around 21 days. Fiber was separated from the effluent with a slope screen, 0.5 cm mesh (US Farms, Tulene, Calif., USA).) in order to, for example, facilitate subsequent nutrient recovery from the digestate ([0327] [0329] A. Nutrient Recovery Process).
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of He et al. such that it includes whereby, the at least one separator includes at least one screen capable of separating the demethanized digestate into demethanized digestate solids and demethanized digestate liquids in order to, for example, facilitate subsequent nutrient recovery from the digestate.
Per claim 2, He et al., as modified by Kennedy et al., disclose wherein the at least one separator is a sloped screen separator (see, Kennedy et al. [0330]).
Per claim 3, He et al., as modified by Kennedy et al., disclose wherein the microbial additives include but are not limited to fungi, bacteria, algae or combinations thereof (see He et al. [0009] The CCBP enables wastewater treatment plants that utilize anaerobic digestion to valorize their waste and meet regulatory requirements at a fraction of their current costs. The CCBP can employ a coculture of microorganisms (e.g., of phototrophs and methanotrophs) that is capable of consuming both the methane (CH.sub.4) and carbon dioxide (CO.sub.2) from raw biogas (untreated) produced by anaerobic digestion as well as the ammonia and phosphorus present in the anaerobic digestion digestate.; [0058] Phototrophs are organisms that convert light into energy. Preferred phototrophs are photoautotrophs that can perform photosynthesis. Suitable phototrophs include but are not limited to algae, including microalgae, and cyanobacteria.).
Per claim 4, He et al., as modified by Kennedy et al., disclose wherein the digestate comprises an agricultural waste slurry ([0073] [0073] Industrial, municipal, and agricultural waste streams contain stranded organic carbon, which can be converted into biogas through anaerobic digestion.).
Per claim 5, He et al., as modified by Kennedy et al., do not explicitly disclose wherein the digestate includes about 3% solids, the solids comprising about 0.6% fat, about 0.7% ash, about 1.1% protein, and about 0.5 % mineral nutrients.
It is submitted that it would have been readily obvious for the skilled artisan to modify the system of He et al., as modified by Kennedy et al. such that it includes digestate comprising about 3% solids, the solids comprising about 0.6% fat, about 0.7% ash, about 1.1% protein, and about 0.5 % mineral nutrients based on routine experimentation and process design, depending on the anticipated contaminant 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 derived from utilizing digestate having about 3% solids, the solids comprising about 0.6% fat, about 0.7% ash, about 1.1% protein, and about 0.5 % mineral nutrients. Moreover, absent a proper showing of criticality with respect to the recited constituent percentages, it would have been obvious to a person of ordinary skill in the art at the time of the invention to utilize the percentages through routine experimentation in order to achieve a balance of microorganism methane and nutrient removal, Lastly, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05.
Per claim 8, He et al. do not disclose further including a filter for the demethanized liquids.
Kennedy et al., disclose further including a filter for the liquids ([0024] [0024] In another embodiment, separating digested material in step (a) from effluent can be achieved through the use of mechanical methods including but not limited to screens, filters, and column separation.) in order to, for example, separate any digested solids from the liquid.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of He et al. such that it includes further including a filter for the demethanized liquids in order to, for example, separate any digested solids from the demethanized liquid.
Per claim 9, He et al. do not disclose further including a collection source to receive the demethanized digestate solids and demethanized digestate liquids.
Kennedy et al disclose including a collection source to receive the digestate solids and digestate liquids (Fig. 2; [0178] [0178] FIG. 3B shows another embodiment of a nutrient recovery system 305. Nutrient recovery system 305 is similar to system 300, with the exception that a two acid tower system is used (360). System 305 comprises inter alia an anaerobic digester 10, a sludge pit 101, an effluent pit 110, a separation device, 130, and a two chamber air-tight vessel 310, and a two acid tower system (360).) in order to, for example, facilitate the ultimate recovery nutrients.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of He et al. such that it includes a collection source to receive the demethanized digestate solids and demethanized digestate liquids in order to, for example, facilitate the ultimate recovery nutrients.
Per claim 10, He et al. disclose wherein the agricultural commodities include agricultural crop wastes, green wastes, food wastes, animal and aquatic wastes, manures, composts, artificial/natural fluids/substrates, or combinations thereof ([0052] An exemplary wastewater is liquid effluent from an anaerobic digester, such as an anaerobic sewage or sludge digester, and an exemplary wastewater source is the liquid reservoir of an anaerobic digester, such as an anaerobic sewage or sludge digester. Particular examples of wastewater include animal farm wastewater, vegetable farm wastewater, food-processing plant wastewater, winery wastewater, landfill wastewater, and fishery wastewater.).
Per claim 11, He et al. disclose wherein the agricultural commodities are capable of being thickening, complexing/chelating, binding agents ([0134] Other advantages over conventional systems include the use of a press wheel for dewatering to increase the solids content of the harvested biomass as well as an automated harvesting blade). The commodities at least indirectly facilitate thickening of the biomass which feeds on/contacts the commodities.
Per claim 12, He et al. disclose wherein the microbial additives comprise at least one aerobic microbe source ([0057] Methanotrophs are organisms that metabolize methane as their source of carbon and energy. Suitable methanotrophs include species of bacteria and/or archaea. Exemplary suitable methanotrophs include species from the genus Methylococcus, such as Methylococcus capsulatus; species from the genus Methylocystis; species from the genus Methylosinus, such as Methylosinus trichosporium OB3b; species from the genus Methylomonas, such as Methylomonas sp. LW13; species from the genus Methylosarcina, such as Methylosarcina fibrate, Methylosarcina quisquiliarum, and Methylosarcina lacus sp. nov. LW14T; and species from the genus Methylomonas, such as Methylomonas methanica S1.; [0062] The phototroph consumes carbon dioxide from sourced gas and produced by the methanotroph and produces oxygen for methanotroph growth.).
Per claim 15, He et al., as modified by Kennedy et al., disclose a method of separating and removing methane from a digestate using a system according to claim 1. He et al. disclose the method comprising the steps of: exposing digestate to a sufficient amount of agricultural commodities and a sufficient amount of microbial additives forming a reaction mixture to produce a demethanized digestate slurry ([0048] During operation of the system 1, the headspace 4 can be filled with a gas and the reservoir 5 can be filled with a liquid. The gas can be provided via the first intake port 8 by virtue of the first intake port being in fluid connection with a gas source 25, and the liquid can be provided by the second intake port 9 by virtue of being in fluid connection with a liquid source 26.; [0056] For processing certain types of substrates, such as methane-containing gases and wastewater, the cells adhered to the surface 7 can include one or both of a methanotroph and a phototroph.; [0057] Methanotrophs are organisms that metabolize methane as their source of carbon and energy. Suitable methanotrophs include species of bacteria and/or archaea. Exemplary suitable methanotrophs include species from the genus Methylococcus, such as Methylococcus capsulatus; species from the genus Methylocystis; species from the genus Methylosinus, such as Methylosinus trichosporium OB3b; species from the genus Methylomonas, such as Methylomonas sp. LW13; species from the genus Methylosarcina, such as Methylosarcina fibrate, Methylosarcina quisquiliarum, and Methylosarcina lacus sp. nov. LW14T; and species from the genus Methylomonas, such as Methylomonas methanica S1.), wherein the microbial additives comprise at least one aerobic microbe source ([0057] Methanotrophs are organisms that metabolize methane as their source of carbon and energy. Suitable methanotrophs include species of bacteria and/or archaea. Exemplary suitable methanotrophs include species from the genus Methylococcus, such as Methylococcus capsulatus; species from the genus Methylocystis; species from the genus Methylosinus, such as Methylosinus trichosporium OB3b; species from the genus Methylomonas, such as Methylomonas sp. LW13; species from the genus Methylosarcina, such as Methylosarcina fibrate, Methylosarcina quisquiliarum, and Methylosarcina lacus sp. nov. LW14T; and species from the genus Methylomonas, such as Methylomonas methanica S1.; [0062] The phototroph consumes carbon dioxide from sourced gas and produced by the methanotroph and produces oxygen for methanotroph growth.).
He et al. do not explicitly disclose the method comprising wherein the methane is removed from the digestate by reacting the agricultural commodities and microbial additives with the digestate resulting in a demethanized digestate. However, it is submitted that since the methanotrophs on belt 7 contact the digestate within the reactor (Fig. 1), it would have been readily obvious to remove at least some methane that is typically present in digestate in order to breakdown the methane via at least the methanotrophs on the belt of He et al. He et al. do not disclose separating the demethanized digestate slurry into demethanized digestate liquids and demethanized digestate solids; wherein the microbial additives comprise at least one aerobic microbe source.
Kennedy et al., also directed to digestate processing ([0330] Anaerobically digested dairy effluent was obtained from a dairy processing manure from 5,000 cows via a mesophilic complete mixed plug flow digester….), disclose providing at least one separator including at least one screen capable of digestate into digestate solids and digestate liquids ([0330] Anaerobically digested dairy effluent was obtained from a dairy processing manure from 5,000 cows via a mesophilic complete mixed plug flow digester (DVO Inc., Chilton Wis.), with a hydraulic retention time of around 21 days. Fiber was separated from the effluent with a slope screen, 0.5 cm mesh (US Farms, Tulene, Calif., USA).) in order to, for example, facilitate subsequent nutrient recovery from the digestate ([0327] [0329] A. Nutrient Recovery Process).
Accordingly, it would have been readily obvious for the skilled artisan to modify the method of He et al. such that it includes separating the demethanized digestate slurry into demethanized digestate liquids and demethanized digestate solids in order to, for example, facilitate subsequent nutrient recovery from the digestate.
Claims 6-7 and 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (‘861) in view of Kennedy et al. (‘587) as applied above, and further in view of Parry et al. (US 2021/0171986).
Per claim 6, He et al., as modified by Kennedy et al., do not explicitly disclose wherein the reactor is selected from the group consisting of a sump, a vat and a compartment.
Parry et al., also directed to processing a digestate (abstract, The post-anaerobic digestion processing includes introducing a digestate to post-anaerobic digestion microorganisms downstream of an anaerobic digestion process, wherein the digestate is a product of anaerobic digestion and the post-anaerobic digestion microorganisms hydrolyze and ferment the digestate to produce hydrolysis and fermentation products.), discloses wherein a reactor is selected from the group consisting of a sump, a vat and a compartment ([0039] FIG. 1 shows an exemplary system 100 having an anaerobic digestion receptacle or reactor (ADR), also known as an anaerobic digestion tank (ADT) 102, and a post-anaerobic digestion receptacle or reactor, also known as a hydrolysis/fermentation receptacle or reactor (HFR) or a hydrolysis/fermentation tank (HFT) 104. A receptacle described herein may be a container, housing, vessel, vat, repository, tank, reactor, or the like.) in order to, for example, provide improved growth of microorganisms.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of He et al., as modified by Kennedy et al., such that it comprises wherein the reactor is selected from the group consisting of a sump, a vat and a compartment in order to, for example, provide improved growth of microorganisms.
Per claim 7, He et al., as modified by Kennedy et al., do not disclose further including a screw press for the demethanized solids.
Parry et al. disclose the system further including a screw press for solids ([0045] For example, the dewatering receptacle 112 may include solids separation equipment that separates the liquids and solids in the digestate, producing a relatively dry cake from the separated solids and a liquor from the separated liquids. Conventional dewatering equipment such as, for example, a high solids centrifuge, screw press, belt filter press, and the like may be used. This dewatering process may facilitate transport for beneficial use or disposal of the digestate.) in order to, for example, dewater the solids and facilitate transport for beneficial use or disposal of the digestate.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of He et al., as modified by Kennedy et al., such that it comprises the system further including a screw press for the demethanized solids in order to, for example, dewater the solids and facilitate transport for beneficial use or disposal of the digestate.
Per claim 17, He et al. disclose a method for removing methane ([0003] microbial culture systems useful for co-culturing methanotrophs and phototrophs in the presence of biogas and wastewater; [0009] The CCBP enables wastewater treatment plants that utilize anaerobic digestion to valorize their waste and meet regulatory requirements at a fraction of their current costs. The CCBP can employ a coculture of microorganisms (e.g., of phototrophs and methanotrophs) that is capable of consuming both the methane (CH.sub.4) and carbon dioxide (CO.sub.2) from raw biogas (untreated) produced by anaerobic digestion as well as the ammonia and phosphorus present in the anaerobic digestion digestate.);
exposing the digestate to a sufficient amount of agricultural commodities ([0048] The wastewater, however, can comprise wastewater during any stage of treatment or any mixture of wastewater during any stage of treatment. [0052] Particular examples of wastewater include animal farm wastewater, vegetable farm wastewater, food-processing plant wastewater, winery wastewater, landfill wastewater, and fishery wastewater.) and a sufficient amount of microbial additives forming a reaction mixture, wherein the microbial additives comprise microbial species added to bio-chemically remove methane ([0056] For processing certain types of substrates, such as methane-containing gases and wastewater, the cells adhered to the surface 7 can include one or both of a methanotroph and a phototroph.; [0057] Methanotrophs are organisms that metabolize methane as their source of carbon and energy. Suitable methanotrophs include species of bacteria and/or archaea. Exemplary suitable methanotrophs include species from the genus Methylococcus, such as Methylococcus capsulatus; species from the genus Methylocystis; species from the genus Methylosinus, such as Methylosinus trichosporium OB3b; species from the genus Methylomonas, such as Methylomonas sp. LW13; species from the genus Methylosarcina, such as Methylosarcina fibrate, Methylosarcina quisquiliarum, and Methylosarcina lacus sp. nov. LW14T; and species from the genus Methylomonas, such as Methylomonas methanica S1.). He et al. do not explicitly disclose that the microbial additive prevents methane production.
It would have been a routine matter of system design for the skilled artisan to utilize the microbial additives of He et al. to prevent methane production since the phototrophs present in the microbial additives produce oxygen (see He et al. [0062] The phototroph consumes carbon dioxide from sourced gas and produced by the methanotroph and produces oxygen for methanotroph growth.) which disfavors methane production since biogas production requires the absence of oxygen for production (see He et al. [0049] “Biogas” as used herein refers to a mixture of gases produced by the breakdown of organic matter in the absence of oxygen (anaerobically)), absent a showing of any new and unexpected results.
He et al. further disclose at least one separator (7; [0009] As the belt rotates, the biofilm is continuously conveyed into a headspace 4 where the cells uptake the CH.sub.4 and CO.sub.2 from the biogas and subsequently into the liquid phase (e.g., anaerobic digestion digestate, or wastewater from any stage of the treatment, or a mixture of the above) where the cells can uptake nutrients, including ammonia and phosphorus. Ammonia and phosphorus concentration in wastewater treatment plant discharge is tightly regulated. The coculture can remove both ammonia and phosphorus to levels that exceed current regulatory requirements.). He et al. do not disclose explicitly removing methane from a digestate. However, it is submitted that since the methanotrophs on belt 7 contact the digestate within the reactor (Fig. 1), it would have been readily obvious to remove at least some methane that is typically present in digestate up to a methane saturation level in order to breakdown the methane via at least the methanotrophs on the belt.
He et al. do not disclose aerating and circulating the reaction mixture, subjecting a demethanized digestate slurry to at least one screen having a plurality of screen openings to separate the demethanized digestate slurry into screened demethanized digestate liquids and screened demethanized digestate solids, filtering the screened demethanized digestate liquids that fall through the at least one screen to form filtered demethanized digestate liquids; transferring the filtered demethanized digestate liquids to storage; and, moving the screened demethanized digestate solids through a screw press and then to a stacking area.
Kennedy et al., drawn to a digestate processing, discloses aerating and circulating the reaction mixture ([0145] Air is directed into the bottom of the tower using the fan or blower. Air circulates in an enclosed system, thus allowing for enhanced ammonia recovery and a reduction in energy inputs as the air without outside influence maintains its temperature for a longer period of time.); subjecting the digestate slurry to at least one screen having a plurality of screen openings to separate the slurry into screened digestate liquids and screened digestate solids ([0330] Anaerobically digested dairy effluent was obtained from a dairy processing manure from 5,000 cows via a mesophilic complete mixed plug flow digester (DVO Inc., Chilton Wis.), with a hydraulic retention time of around 21 days. Fiber was separated from the effluent with a slope screen, 0.5 cm mesh (US Farms, Tulene, Calif., USA).). filtering residual organics to form a clear liquid ([0210] In another embodiment, filters can be used to clean any residual organics to make a clear solution.). Kennedy et al. do not explicitly disclose filtering the screened digestate liquids that fall through the at least one screen to form filtered digestate liquids.
It is submitted that it would have been well within the purview of the skilled artisan to filter the screened digestate liquids that fall through the at least one screen to form filtered digestate liquids in order to create a clear digestate liquid prior to subsequent nutrient recovery.
Kennedy et al. further disclose transferring the filtered digestate liquids to storage ( [0095] As can be seen from the schematic in FIG. 1, at the end of the nutrient recovery process, the effluent is at a pH of around 9.7, which should be reduced before storage in a lagoon or applied as a fertilizer.) in order to, for example, ultimately facilitate nutrient recovery.
Accordingly, it would have been readily obvious for the skilled artisan to modify the method of He et al. such that it comprises the steps disclosed by Kennedy in order to, for example, ultimately facilitate nutrient recovery.
Parry et al., also directed to processing digestate (abstract, The post-anaerobic digestion processing includes introducing a digestate to post-anaerobic digestion microorganisms downstream of an anaerobic digestion process, wherein the digestate is a product of anaerobic digestion and the post-anaerobic digestion microorganisms hydrolyze and ferment the digestate to produce hydrolysis and fermentation products.), disclose provide a screw press for the solids ([0045] For example, the dewatering receptacle 112 may include solids separation equipment that separates the liquids and solids in the digestate, producing a relatively dry cake from the separated solids and a liquor from the separated liquids. Conventional dewatering equipment such as, for example, a high solids centrifuge, screw press, belt filter press, and the like may be used. This dewatering process may facilitate transport for beneficial use or disposal of the digestate.) in order to, for example, dewater the solids and facilitate transport for beneficial use or disposal of the digestate.
Accordingly, it would have been readily obvious for the skilled artisan to modify the method of He et al., as modified by Kennedy et al., such that it comprises the system further including a screw press for the demethanized solids in order to, for example, dewater the solids and facilitate transport for beneficial use or disposal of the digestate.
It would have been obvious to provide the pressed solids to a stacking area in order to, for example, store the solids until ready for use or disposal.
Per claim 18, He et al., as modified by Kennedy et al., disclose wherein the at least one separator is a sloped screen separator (see, Kennedy et al. [0330]).
Per claim 19, He et al., as modified by Kennedy et al., disclose wherein the microbial additives include but are not limited to fungi, bacteria, algae or combinations thereof (see He et al. [0009] The CCBP enables wastewater treatment plants that utilize anaerobic digestion to valorize their waste and meet regulatory requirements at a fraction of their current costs. The CCBP can employ a coculture of microorganisms (e.g., of phototrophs and methanotrophs) that is capable of consuming both the methane (CH.sub.4) and carbon dioxide (CO.sub.2) from raw biogas (untreated) produced by anaerobic digestion as well as the ammonia and phosphorus present in the anaerobic digestion digestate.; [0058] Phototrophs are organisms that convert light into energy. Preferred phototrophs are photoautotrophs that can perform photosynthesis. Suitable phototrophs include but are not limited to algae, including microalgae, and cyanobacteria.).
Per claim 20, He et al. disclose wherein the microbial additives comprise at least one aerobic microbe source ([0057] Methanotrophs are organisms that metabolize methane as their source of carbon and energy. Suitable methanotrophs include species of bacteria and/or archaea. Exemplary suitable methanotrophs include species from the genus Methylococcus, such as Methylococcus capsulatus; species from the genus Methylocystis; species from the genus Methylosinus, such as Methylosinus trichosporium OB3b; species from the genus Methylomonas, such as Methylomonas sp. LW13; species from the genus Methylosarcina, such as Methylosarcina fibrate, Methylosarcina quisquiliarum, and Methylosarcina lacus sp. nov. LW14T; and species from the genus Methylomonas, such as Methylomonas methanica S1.; [0062] The phototroph consumes carbon dioxide from sourced gas and produced by the methanotroph and produces oxygen for methanotroph growth.).
Per claim 21, He et al., as modified by Kennedy et al., disclose wherein the digestate comprises an agricultural waste slurry ([0073] [0073] Industrial, municipal, and agricultural waste streams contain stranded organic carbon, which can be converted into biogas through anaerobic digestion.).
Per claim 22, He et al., as modified by Kennedy et al., do not explicitly disclose wherein the digestate includes about 3% solids, the solids comprising about 0.6% fat, about 0.7% ash, about 1.1% protein, and about 0.5 % mineral nutrients.
It is submitted that it would have been readily obvious for the skilled artisan to modify the method of He et al., as modified by Kennedy et al. such that it includes digestate comprising about 3% solids, the solids comprising about 0.6% fat, about 0.7% ash, about 1.1% protein, and about 0.5 % mineral nutrients based on routine experimentation and process design, depending on the anticipated contaminant 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 derived from utilizing digestate having about 3% solids, the solids comprising about 0.6% fat, about 0.7% ash, about 1.1% protein, and about 0.5 % mineral nutrients. Moreover, absent a proper showing of criticality with respect to the recited constituent percentages, it would have been obvious to a person of ordinary skill in the art at the time of the invention to utilize the percentages through routine experimentation in order to achieve a balance of microorganism methane and nutrient removal, Lastly, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over He et al. (‘861) in view of Kennedy et al. (‘587) as applied above, and further in view of Burke (US 6,500,340).
Per claim 13, He et al. disclose a conveyor belt (7; Fig. 1) and further discloses utilizing an air pump ([0195] hot air will go through a roots-style blower (also increasing the air temperature) and be pumped to the diffusers in the aeration tank). He et al. do not disclose providing multiple conveyors and air pumps.
It is submitted that it would have been obvious to use multiple conveyors in order to treat multiple zones in a single reactor or a single respective zone in multiple reactors and multiple air pumps in order to treat multiple zones in a single reactor or a single respective zone in multiple reactors.
He et al., as modified by Kennedy et al., do not disclose providing pasteurizers. However, Burke, also directed to digestate processing, discloses pasteurizers (Fig.3; col1, In 17-20; …pasteurizing sludge to bring the sludge to within exceptional quality as defined by the Environmental Protection Agency while maximizing solids destruction through the pasteurization) in order to, for example, improve the environmental quality of sludge.
Accordingly, it would have been readily obvious for the skilled artisan to provide the pasteurizers disclosed by Burke to the system disclosed by He et al. in order to, for example, improve the environmental quality of the digestate.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over He et al. (‘861) in view of Kennedy et al. (‘587) as applied above, and further in view of Smis et al. (US 2003/0024876).
Per claim 14, He et al. disclose wherein the at least one separator comprises a first separator and a second separator ([0238] …wherein the conveyor belt path within the zigzag portion is positioned along multiple, separate planes angled from 30° to 60° with respect to the horizontal plane.). He et al., as modified by Smis et al., do not disclose whereby the first separator includes screens with hole openings larger than the second separator.
Smis et al. disclose whereby a first separator includes screens with hole openings larger than a second separator in order to, for example, facilitate fine particle separation ([0080] Thanks to the sieving device 39 is obtained a fine slurry 40 on the one hand, and a fibrous fraction 41 on the other hand. The latter fraction is supplied to a third sieving device 42, for example a basket sieve or a rotating sieve, in which the fibres 43 having a low concentration of heavy metals are separated from a fraction 44 containing the synthetic materials, metals and pollutants bond with them, and other undesirable materials, such by means of sieving. [0081] This third sieving device 42 only lets particles through of which at least one dimension is smaller than 500 micrometer, and it has for example round openings with a diameter smaller than 500 micrometer or square openings with a side smaller than 500 micrometer. In this case, the above-mentioned dimension of the openings of the first sieving device 5 is preferably smaller than 5 mm and the dimension of the second sieving device 39 is smaller than 1 mm.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of He et al., as modified by Kennedy et al., such that it comprises whereby the first separator includes screens with hole openings larger than the second separator in order to, for example, facilitate fine particle separation.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over He et al. (‘861) in view of Kennedy et al. (‘587) as applied above, and further in view of Summers, III et al. (US 2017/0334796).
Per claim 16, He et al., as modified by Kennedy et al., do not disclose wherein additional microbial additives can be added at any step.
Summers, III et al., also directed to digestion processing, disclose that additional microbes may be added ([0072] As little as about 1 ppm of the bacteria may be added to the solid waste. Any additional bacteria added beyond 1 ppm may enhance the feed-rate of the bacteria, driving the efficiency of the digestion of any residual solid waste.) in order to, for example, improve processing efficiency of solid waste.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of He et al., as modified by Kennedy et al., such that it comprises wherein additional microbial additives can be added at any step in order to, for example, improve processing efficiency of solid waste.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over He et al. (‘861) in view of Kennedy et al. (‘587) and Parry et al. (‘986) as applied above, and further in view of Summers, III et al. (US 2017/0334796).
Per claim 23, He et al., as modified by Kennedy et al. and Parry et al., do not disclose wherein additional microbial additives can be added at any step.
Summers, III et al., also directed to digestion processing, disclose that additional microbes may be added ([0072] As little as about 1 ppm of the bacteria may be added to the solid waste. Any additional bacteria added beyond 1 ppm may enhance the feed-rate of the bacteria, driving the efficiency of the digestion of any residual solid waste.) in order to, for example, improve processing efficiency of solid waste.
Accordingly, it would have been readily obvious for the skilled artisan to modify the method of He et al., as modified by Kennedy et al. and Parry et al., such that it comprises wherein additional microbial additives can be added at any step in order to, for example, improve processing efficiency of solid waste.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED PRINCE whose telephone number is (571)272-1165. The examiner can normally be reached M-F: 0900-1730.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at (571)270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FRED PRINCE/
Primary Examiner
Art Unit 1779