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 .
Applicant’s election without traverse of claims 1-16 in the reply filed on 7-27-26 is acknowledged.
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 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 1-9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over KR20110K105084A in view of Earp-Thomas (US 1,938,647). KR20110K105084A discloses a method for manufacturing an organic fertilizer using waste gypsum, comprising the steps of mixing a microbial culture with waste gypsum, and aging the mixed materials at a temperature of 20 C for a period of 15 to 20 days. (See claim 1 and page 3 of the English translation.) The difference between the method and product disclosed by KR20110K105084A, and that recited in applicant’s claims, is that KR20110K105084A does not disclose that the waste gypsum has a particle diameter of 30 mm or less. Earp-Thomas discloses a method for converting organic waste into fertilizer by mixing garbage with a microorganism and pulverized natural gypsum (calcium sulphate). It would have been obvious from Earp-Thomas to employ waste gypsum having a particle diameter of 30 mm or less in the composition of KR20110K105084A. One of ordinary skill in the art would have been motivated to do so, since Earp-Thomas discloses on page 2lines 23 and 24 that the gypsum is pulverized, which would suggest a particle diameter of 30 mm or less, and the processes of KR20110K105084A and Earp-Thomas are analogous in that both entail the fermentation of organic waste in a culture medium including microorganisms to produce fertilizer.
Regarding claim 2, KR20110K105084A discloses in Paragraph [0048] that the fermentation is aerobic.
Regrading claim 3, KR20110K105084A discloses a fermentation temperature of 20 C in Paragraph [0047].
Regarding claim 4, the fallen leaves and wheat bran disclosed in Paragraph [0032] of the English translation of KR20110K105084A would contain plant fiber.
Regarding claims 5-8, KR20110K105084A discloses in Paragraph [0018] impurities such as cadmium and lead present in the waste gypsum are harmful to the human body, It would have been obvious from such disclosure to determine that the contents of arsenic and cadmium in the waste gypsum is a certain value or less, since KR20110K105084A teaches that such impurities are toxic.
Regarding claim 9, KR20110K105084A discloses in Paragraph [0043] that the waste gypsum, waste wood and food waste are mixed in a ratio of 70:10: L20, but if the ratio of waste wood and food waste to waste gypsum is increased, the organic content of the organic fertilizer increases. It would have been obvious from such disclosure to increase the ratio of waste wood and food waste to waste gypsum to the point where the waste gypsum is presenting the mixture at 30% or less by mass, to increase the organic content of the organic fertilizer.
Claims 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over KR20110K105084A in view of Earp-Thomas, as applied to claims 1-5 and 9 above, and further in view of KR101663082B1. It would have been even further obvious from KR101663082B1 to provide microorganisms collected from activated sludge as the microorganisms in the process of KR20110K105084A. One of ordinary skill in the art would have been motivated to do so, since KR101663082B1 discloses a fertilizer fermentation unit including sewage sludge activated by microorganisms in Paragraph [0045] of the English translation, and KR20110K105084A requires a microbial culture in producing an organic fertilizer.
CN107512982A is made of record for disclosing an organic fertilizer which includes gypsum powder.
JP 2009-160507 A is made of record for disclosing crushed waste gypsum.
KR102046936B1 is made of record for disclosing a method for activating aerobic microorganisms.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LANGEL whose telephone number is (571) 272-1353. The examiner can normally be reached Monday through Friday from 8:45 am to 4:15 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LANGEL/Primary Examiner, Art Unit 1736
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