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 of Group II, claims 1 and 3-9 in the reply filed on November 21, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2 and 10-17 stand withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 21, 2025.
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 1 and 3-9 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.
Claim 1 is deemed indefinite. The claimed process requires Stage (1E). The claimed Stage (1E) requires “the condensed NH3-rich vapors from stage (1B1) and/or the ammonia [NH3] obtained in stage (1B2)”. However, steps (1B1) and (1B2) are optional steps. Claim 1 is deemed indefinite because it is unclear how the claimed Stage (1E) occurs when the optional steps, i.e. (1B) and/or (1B2) are not required/do not occur.
Claim 1 recites “Stage (1B2): Optional alkalizing of the condensed NH3-rich vapors … (ammonia stripping 1)”. Claim 1 is deemed indefinite because it is unclear if “(ammonia stripping 1)” is an additional step, a different step, a characterization of the alkalizing step or something else. For the sake of compact prosecution, the claimed step is understood as “Stage (1B2): Optional alkalizing of the condensed NH3-rich vapors from stage (1B1) with release of ammonia [NH3], and driving out of the ammonia [NH3] with heating and/or by applying a reduced pressure and/or with the aid of an air or steam flow
Claim 1 recites “Stage (1D7): Optional concentrating of at least a part of the purified phosphoric acid-containing liquid from stage (1D6) so that phosphoric acid is recovered and separated”. Claim 1 is deemed indefinite because it is unclear if “recovered and separated” are steps or something else. That is, it is unclear if the claimed “concentrating” step comprises additional steps of recovering and separating or something else. Claim 1 is understood as being open to either interpretation.
Claims 3-9 are also rejected by virtue of the claim dependency.
Claim 3 is deemed indefinite because 1) the claim further defines an optional feature and 2) it recites multiple ranges for a single feature. Claim 3 recites “at least 10% of the phosphoric acid-containing liquid from stage (1D4) being recycled for use in stage (1D3), more preferably at least 20%, still more preferably 20% to 80%, and most preferably 40% to 60%, based on the total amount of phosphoric acid-containing liquid obtained from stage (1D4)”. For the sake of compact prosecution, any of the disclosed ranges may be considered to encompass claim 3 and the optional Stage (1D5) step must be performed.
Claim 4 is deemed indefinite because the claim further defines an optional feature.
Claim 4 is deemed indefinite because it is unclear what “preferably by mechanical treatment” and “for example by” means. That is, it is unclear if “mechanical treatment” and “using a ball mill, and/or by treatment using ultrasound and/or at elevated pressure and temperature” are elements of the claimed process.
Claim 7 recites “a purified phosphoric acid-containing liquid is obtained”. Claim 7 is dependent upon claim 1, which recites “a purified phosphoric acid-containing liquid is obtained” in Stage (1D6). Claim 7 is deemed indefinite because it is unclear if “a purified phosphoric acid-containing liquid”, as recited in claim 7, is the same as or separate and distinct from the “a purified phosphoric acid-containing liquid”, as recited in claim 1. For the sake of compact prosecution, claim 7 is understood as “[[a]] the purified phosphoric acid-containing liquid is obtained”.
Claim 8 recites “wherein in stage (1D6), the purification of the phosphoric acid-containing liquid from stage (1D4) by adding sulfuric acid, is followed by a further purification by applying ion exchange or liquid-liquid extraction, preferably by ion exchange”. Claim 7 is deemed indefinite because it is unclear what “preferably” means.
Claim 8 is deemed indefinite because the scope of the claim is unclear. That is, it is unclear if the purification step is “ion exchange or liquid-liquid extraction” or preferably” by ion exchange.
Claim 9 recites “the phosphoric acid used preferably being in the form of the purified phosphoric acid-containing liquid from stage (1D6) and/or the phosphoric acid from stage (1D7) (see rejection of claim 1)”. Claim 9 is deemed indefinite because it is unclear what “preferably” means.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Rejection based on DE 652 in view of Li and WO 133
Claim(s) 1, 3 and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102013018652 A1, machine translation (hereinafter DE 652) in view of Li, S., Li, Y., Lu, Q., Zhu, J., Yao, Y. and Bao, S., 2014. Integrated drying and incineration of wet sewage sludge in combined bubbling and circulating fluidized bed units. Waste Management, 34(12), pp.2561-2566 (hereinafter Li) and WO2018096133A1, machine translation (hereinafter WO 133)
OR
in the alternative, DE 652 in view of Li, WO 133 and US 20120070359 A1 (US 359) OR WO 2008038740 A1, machine translation (WO 740).
Regarding claim 1, DE 652 discloses a process (1) for the combined recovery of phosphate and nitrogen from sewage sludge (DE 652 figure 2 and paragraphs 0001, 0010, 0034, 0051, 0057, 0078, 0083-0084).
DE 652 discloses Stage (1D2): Incinerating sewage sludge from stage (1A2) into sewage sludge ash (see WO 133 paragraph 0006, 0070, 0084, 0121). DE 652 does not disclose Stage (1A2): Drying of the sewage sludge, resulting in vapors rich in NH3 and dried sewage sludge, which occurs prior to the Stage (1D2) incinerating step and then the incinerating step is incinerating the dried sewage sludge.
Li discloses an integrated drying and incineration method and system (see Li abstract, figure 1 and section 2/page 2561-2562). Li discloses that “drying of sewage sludge before incineration can reduce the need for auxiliary fuel in the process of sewage sludge incineration and increase the heat efficiency of the system” (see Li section 1/page 2561). Further, Li discloses that the integrated drying and incineration technique and system for sewage sludge “combines a bubbling fluidized bed dryer and a circulating fluidized bed (CFB) incinerator. In this system, the dried sludge is transported directly into incineration by a screw. There is no dried sludge storage. The technique is compact and reliable as well (see Li section 1/page 2561). Li discloses that the “integrated drying and incineration technique for sewage sludge has the advantages of integrated incineration technology, high moisture content for self-sustaining combustion, direct–indirect indirect combined drying, combustion with high efficiency and low emission of pollutants, and low investment and operating costs” (see Li section 5/page 2565).
Li is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. processing sewage sludge and/or dispose of sewage sludge.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify DE 652 by incorporating the integrated drying and incineration method and system, as disclosed in Li, because it would assist with “combustion with high efficiency and low emission of pollutants, and low investment and operating costs” (see Li section 5/page 2565), and/or because “drying of sewage sludge before incineration can reduce the need for auxiliary fuel in the process of sewage sludge incineration and increase the heat efficiency of the system” (see Li section 1/page 2561). Furthermore, one of ordinary skill in the art would reasonably expect the resulting apparatus to work as the prior art intended, i.e. generate ash from sewage sludge (see Li section 3.2.3/page 2564) which DE 652 needs for stage 1 of the process (see DE 652 paragraph 0013).
Hence, DE 652 in view of Li is deemed to disclose a process (1) for the combined recovery of phosphate and nitrogen from sewage sludge, comprising the following process stages: Stage (1A2): Drying of the sewage sludge, resulting in vapors rich in NH3 and dried sewage sludge; and Stage (1D2): Incinerating the dried sewage sludge from stage (1A2) into sewage sludge ash.
It is noted that DE 652 discloses that nitrogen and phosphate are both known minerals contained in incinerated waste (see DE 652 paragraph 0001). DE 652 in view of Li does not disclose “resulting in vapors rich in NH3”. However, the material(s) and step(s) of DE 652 in view of Li will necessarily result in vapors rich in NH3. The material(s) and step(s) of DE 652 in view of Li appears to be substantially identical to the claimed material and thus inherently would possess the claimed functional properties—unless these properties arise from features not yet claimed.
DE 652 in view of Li discloses Stage (1B1): Optional condensing of the NH3-rich vapors from Stage (1A2) (see Li figure 1 and section 2.1/page 2562). Li discloses that after the incinerator, “fluidization gas with steam enters the condenser. …Then the fluidization gas flows into the steam separator” (see Li section 2.1/page 2562). The material(s) and step(s) of DE 652 in view of Li will necessarily result in vapors rich in NH3 since the material(s) and step(s) of DE 652 in view of Li appears to be substantially identical to the claimed material. The material(s) and step(s) of DE 652 in view of Li appears to be substantially identical to the claimed material(s) and step(s) and thus inherently would possess the claimed functional properties—unless these properties arise from features not yet claimed. “There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the time of invention, but only that the subject matter is in fact inherent in the prior art reference.” See MPEP 2112, II. Thus, the gas entering the condenser will necessarily include the NH3-rich vapors and will result in condensing of said NH3-rich vapors.
DE 652 in view of Li discloses Stage (1D3): Treating the sewage sludge ash from stage (1D2) with phosphoric acid (see DE 652 figure 2, paragraphs 0015-0016, 0034, 0051, 0057, 0128).
DE 652 in view of Li discloses Stage (1D4): Separating the acid-insoluble portion of the treated sewage sludge ash from stage (1D3) to produce an acid-insoluble portion and a filtrate or supernatant in the form of a phosphoric acid-containing liquid (see DE 652 figure 2, paragraph 0017, 0034, 0051, 0057).
DE 652 in view of Li discloses Stage (1D6): Purifying the phosphoric acid-containing liquid from stage (1D4) by adding sulfuric acid to the phosphoric acid-containing liquid from stage (1D4) so that a calcium sulfate precipitate is recovered and separated, and/or by applying liquid-liquid extraction, resulting in a purified phosphoric acid-containing liquid (see DE 652 figure 2 and paragraphs 0010, 0018, 0020, 0039, 0051, 0057).
DE 652 in view of Li discloses condensed NH3-rich vapors from stage (1B1) (see Li figure 1 and section 2.1/page 2562).
DE 652 in view of Li does not disclose reacting condensed NH3-rich vapors from stage (1B1) with phosphoric acid [H3PO4] in the form of the phosphoric acid-containing liquid from stage (1D4), the purified phosphoric acid-containing liquid from stage (1D6) and/or the phosphoric acid from stage (1D7) to obtain ammonium phosphate compound and optional separating off of the ammonium phosphate compound obtained.
WO 133 discloses a process for the recovery of nitrogen and phosphorous from wastewater (see WO 133 figure 1, paragraphs 0003, 0013 (WO 133 discloses that it is “desirable to be able to dispose of biological waste … in an economical manner and at the same time to recover the valuable nutrients and valuable materials contained therein and to put them to advantageous and environmentally friendly use in order to close a material cycle for valuable nutrients and valuable materials” (see WO 133 paragraph 0013; see also WO 133 paragraphs 0042, 0058). WO 133 discloses that it is desirable to obtain ammonium phosphate compounds, such as diammonium hydrogen phosphate, to be used as a fertilizer (see WO 133 paragraphs 0022, 0023, 0038). WO 133 discloses the method solves issues of storage and/or disposal of waste, allows valuable nutrients, i.e. nitrogen and phosphate, to be recovered from the waste, produces fertilizer, a valuable product, from the waste, and that the “overall process according to the invention processes biological waste in an economically viable circular process and reduces environmental impacts compared to previous disposal and/or use of biological waste” (see WO 133 paragraphs 0007, 0046).
WO 133 discloses sewage sludge ash is obtained from incineration, (see WO 133 paragraphs 0011, 0023, 00423), discloses an introduction of CO2 gas step (see WO 133 paragraphs 0018-0019), discloses an acidification step (see WO 133 paragraph 0020, 0028), discloses an alkalizing step for the release of ammonia gas/ammonia stripping (see WO 133 paragraph 0021, 0035, 0058), discloses a precipitation and separation of calcium phosphate step as well as concentrating phosphoric acid (see WO 133 paragraph 0021, 0028, 0037, 0041-0042, 0044, 0058), discloses reacting the obtained ammonia with phosphoric acid to obtain ammonium phosphate, which is a fertilizer (see WO 133 paragraphs 0021-0023, 0028, 0038, 0044, 0058).
WO 133 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. processing of sewage and/or recovery of nitrogen and/or phosphorous from sewage/waste.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the alkalizing/ammonia stripping step, precipitation/separation & concentrating step and the reacting the obtained ammonia with phosphoric acid to obtain ammonium phosphate steps, as disclosed in WO 133, into the method of DE 652 in view of Li because it would assist with generating a valuable product, i.e. diammonium hydrogen phosphate, to be used as a fertilizer, phosphoric acid and calcium sulfate/gypsum. and/or because it would assist with further processing the condensed ammonia and/or repurposing the condensed gas into a valuable product, i.e. diammonium phosphate fertilizer.
Hence, DE 652 in view of Li and WO 133 is deemed to disclose a process (1) for the combined recovery of phosphate and nitrogen from sewage sludge, comprising the following process stages: Stage (1A2): Drying of the sewage sludge, resulting in vapors rich in NH3 and dried sewage sludge; Stage (1B1): Optional condensing of the NH3-rich vapors from Stage (1A2); Stage (1B2): Optional alkalizing of the condensed NH3-rich vapors from stage (1B1) with release of ammonia [NH3], and driving out of the ammonia [NH3] with heating and/or by applying a reduced pressure and/or with the aid of an air or steam flow (ammonia stripping 1); Stage (1D2): Incinerating the dried sewage sludge from stage (1A2) into sewage sludge ash; Stage (1D3): Treating the sewage sludge ash from stage (1D2) with phosphoric acid; Stage (1D4): Separating the acid-insoluble portion of the treated sewage sludge ash from stage (1D3) to produce an acid-insoluble portion and a filtrate or supernatant in the form of a phosphoric acid-containing liquid; Stage (1D6): Purifying the phosphoric acid-containing liquid from stage (1D4) by adding sulfuric acid to the phosphoric acid-containing liquid from stage (1D4) so that a calcium sulfate precipitate is recovered and separated, and/or by applying ion exchange or Liquid-liquid extraction, resulting in a purified phosphoric acid-containing liquid; and Stage (1 E): Reacting the condensed NH3-rich vapors from stage (1B1) and/or the ammonia [NH3] obtained in stage (1B2) with phosphoric acid [H3PO4] in the form of the phosphoric acid-containing liquid from stage (1D4), the purified phosphoric acid-containing liquid from stage (1D6) and/or the phosphoric acid from stage (1D7) to obtain ammonium phosphate compound and optional separating off of the ammonium phosphate compound obtained.
Regarding the remaining optional steps, i.e. Stage (1A1): Optional disintegration of the sewage sludge; Stage (1D5): Optional recycling of at least a part of the phosphoric acid-containing liquid from stage (1D4) for use in stage (1D3); and Stage (1D7): Optional concentrating of at least a part of the purified phosphoric acid-containing liquid from stage (1D6) so that phosphoric acid is recovered and separated, it is noted that DE 652 in view of Li and WO 133 is deemed to disclose these optional steps.
DE 652 in view of Li and WO 133 discloses Stage (1A1): Optional disintegration of the sewage sludge (see Li section 2.1/pages 2561-2562(Li discloses that sewage sludge is disintegrated and dried in the dryer component).
DE 652 in view of Li and WO 133 discloses Stage (1D5): Optional recycling of at least a part of the phosphoric acid-containing liquid from stage (1D4) for use in stage (1D3) (see DE 652 paragraphs 0025, 0033, 0034, 0051, 0057).
DE 652 in view of Li and WO 133 discloses Stage (1D7): Optional concentrating of at least a part of the purified phosphoric acid-containing liquid from stage (1D6) so that phosphoric acid is recovered and separated (see DE 652 paragraph 0063, 0115; WO 133 paragraphs 0042, 0058).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to concentrate at least a part of the purified phosphoric acid-containing liquid from stage (1D6) so that phosphoric acid is recovered and separated in the method and system of DE 652 in view of Li and WO 133 because it would assist with recovering a valuable resource, i.e. phosphoric acid, which may be used in earlier steps of the process of DE 652 in view of Li and WO 133 or in another manner, and/or because “the phosphoric acid obtained from the reaction of calcium phosphate with sulfuric acid will be too dilute and will also not be stoichiometrically sufficient to convert the ammonia obtained in step (c) essentially completely to the desired ammonium phosphate compound. It is therefore advantageous according to the invention to increase the concentration of the phosphoric acid obtained in the reaction of calcium phosphate with sulfuric acid and the stoichiometric proportion of phosphoric acid before the reaction with the ammonia. … it is a cost-effective product obtained during the processing of sewage sludge” (see WO 133 paragraph 0042; see also WO 133 paragraph 0058).
It is noted that WO 133 discloses Stage (1D6): Purifying the phosphoric acid-containing liquid from stage (1D4) by adding sulfuric acid to the phosphoric acid-containing liquid from stage (1D4) so that a calcium sulfate precipitate is recovered and separated, and/or by applying liquid-liquid extraction, resulting in a purified phosphoric acid-containing liquid (see WO 133 paragraphs 0023, 0041).
In the alternative, if DE 652 in view of Li and WO 133 does not disclose “applying ion exchange or Liquid-liquid extraction, resulting in a purified phosphoric acid-containing liquid”, then this feature is nonetheless rendered obvious by US 359.
US 359 discloses a method for producing ammonium phosphate, such as diammonium phosphate, from waste, such as sewage sludge/incinerated sewage sludge ash (see US 359 abstract, paragraphs 0019-0020, 0046). US 359 discloses that “To concentrate acids through evaporation is a very energy-intensive process” (see US 359 paragraph 0012; see also US 359 paragraph 0013). US 359 discloses “extract phosphoric acid into an organic solvent…. Solvents used for purification of phosphoric acid such as ketones, tri-alkyl phosphates and alcohols require high concentrations of phosphoric acid in the feed solution in order to obtain a sufficient high phosphoric acid loading in the organic phase for a liquid-liquid extraction process to be practical. The use of such solvents requires concentration of phosphoric acid by water evaporation prior to phosphoric acid extraction” (see US 359 paragraphs 0041-0042; see also US 359 paragraph 0048).
WO 740 discloses a method and system for recovering high-purity phosphoric acid (see WO 740 abstract). WO 740 discloses “subjecting phosphoric acid-containing water to both cation exchange and anion exchange, subjecting the resulting water to reverse osmosis under the condition of pH of 3 or below, preferably under the conditions of pH of 3 or below and a phosphoric acid concentration of 1 to 15wt%, to transmit acids (except phosphoric acid) and water to a permeating fluid chamber side with phosphoric acid concentrated on a concentrated fluid chamber side, desalting the permeating fluid with an ion exchanger to recover pure water, and evaporating the concentrated fluid with an evaporator to remove volatile components and water and recover a concentrated phosphoric acid solution” (see WO 740 abstract). WO 740 discloses that the method and system achieves high-purity phosphoric acid “at low cost and efficiently, which can be transported in a high concentration liquid state with a simple configuration and operation” (see WO 740 paragraph 0005).
US 359 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. recovery of nitrogen and/or phosphorous and/or processing of sewage and/or recovery of nitrogen and/or phosphorous from sewage/waste.
WO 740 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. processing wastewater to recover phosphorous/phosphoric acid.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the process of US 359, i.e. liquid-liquid extraction, or the process of WO 740, i.e. ion exchange, to purify phosphoric acid in the method of DE 652 in view of Li and WO 133, because it would assist with achieving purified phosphoric acid, because it would assist with achieving high-purity phosphoric acid “at low cost and efficiently, which can be transported in a high concentration liquid state with a simple configuration and operation” (see WO 740 paragraph 0005) and/or because it would assist with purifying and concentrating phosphoric acid at a low energy. Furthermore, one of ordinary skill in the art would reasonably expect the resulting apparatus to work as the prior art intended, i.e. purify phosphoric acid.
Regarding claim 3, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, discloses that in stage (1D5), recycling the phosphoric acid-containing liquid from stage (1D4) for use in stage (1D3), is carried out, preferably with at least 10% of the phosphoric acid-containing liquid from stage (1D4) being recycled for use in stage (1D3), more preferably at least 20%, still more preferably 20% to 80%, and most preferably 40% to 60%, based on the total amount of phosphoric acid-containing liquid obtained from stage (1D4) (see rejection of claim 1; see DE 652 paragraphs 0044, 50, 0055, 0061-0062).
Regarding claim 5, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, discloses wherein in stage (1B2), the alkalizing of the condensed NH3-rich vapors from stage (1B1), is carried out by means of addition of NaOH, optionally with further addition of CaO or Ca(OH)2 (milk of lime), and/or with the aid of an air or steam stream (see DE 652 paragraphs 0022, 0109; see WO 133 paragraphs 0021, 0028, 0031).
Regarding claim 6, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, wherein in stage (1D7), concentrating at least a part of the purified phosphoric acid-containing liquid from stage (1D6) so that phosphoric acid is recovered and separated, is carried out by evaporation (see DE 652 paragraphs 0024, 0034, 0051, 0057, 0115; see WO 133 paragraph 0037, 0042).
Regarding claim 7, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, wherein in stage (1D6), the purification of the phosphoric acid-containing liquid from stage (1D4) is carried out by adding sulfuric acid so that a calcium sulfate precipitate is recovered and separated and a purified phosphoric acid-containing liquid is obtained (see rejection of claim 1).
Regarding claim 8, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, wherein in stage (1D6), the purification of the phosphoric acid-containing liquid from stage (1D4) by adding sulfuric acid, is followed by a further purification by applying ion exchange or liquid-liquid extraction, preferably by ion exchange (see rejection of claim 1).
Regarding claim 9, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, wherein in stage (1E) the ammonia obtained in stage (1B2) is reacted with phosphoric acid, the phosphoric acid used preferably being in the form of the purified phosphoric acid-containing liquid from stage (1D6) and/or the phosphoric acid from stage (1D7) (see rejection of claim 1).
Rejection based on DE 652 in view of CN 061 and WO 133
Claim(s) 1, 3 and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102013018652 A1 (hereinafter DE 652) in view of CN 107417061 A, machine translation (hereinafter CN 061) and WO2018096133A1 (hereinafter WO 133)
OR
in the alternative, DE 652 in view of CN 061, WO 133 and US 20120070359 A1 (US 359) OR WO 2008038740 A1 (WO 740).
Regarding claim 1, DE 652 in view of WO 133, or in the alternative DE 652 in view of WO 133 and US 359 or WO 740, discloses all elements of the claimed process (see rejection of claim 1 above) except DE 652 in view of WO 133, or in the alternative DE 652 in view of WO 133 and US 359 or WO 740, does not disclose Stage (1A2): Drying of the sewage sludge, resulting in vapors rich in NH3 and dried sewage sludge, which occurs prior to the Stage (1D2) incinerating step and then the incinerating step is incinerating the dried sewage sludge.
CN 061 discloses a sewage sludge treatment method and system that makes the sewage sludge harmless, reduce its volume, recover resources and generate energy (see CN 061 paragraph 0004; see also CN 061 paragraph 0019, 0056, 0057 (CN 061 discloses “process involves drying, grinding, and then incinerating the sludge to minimize the adverse effects of sludge moisture or exhaust gas on the safe operation of the cement kiln system, reduce secondary pollution, and ensure the harmless, low-cost, and low-investment treatment of the sludge, which aligns with the direction of sustainable development and circular economy” (see CN 061 paragraph 0056).). CN 061 discloses that the process comprises drying and grinding followed by incineration (see CN 061 paragraphs 0024-0025). CN 061 discloses that the drying and grinding step comprises drying, followed by grinding large pieces into smaller pieces which then undergoes a repeated drying step (see CN 061 paragraphs 0024, 0094 (CN 061 discloses that the “large particles are further ground and then re-enter the vertical sleeve-type dispersing and classifying dryer, repeating the dispersing, classifying, drying, and grinding process until all the sludge is turned into small particles” (see CN 061 paragraph 0094).). CN 061 discloses that the small dried particles then undergo an incineration process to achieve clean discharge (see CN 0025, 0034, 0056, 0095, 0097, 0117).
CN 061 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. processing sewage sludge and/or dispose of sewage sludge.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify DE 652 in view of WO 133, or in the alternative DE 652 in view of WO 133 and US 359 or WO 740, by incorporating the drying, grinding, drying and incineration process, as discloses in CN 061, because it would assist with processing sewage sludge into ash, which can then be utilized to form valuable products such as fertilizer (see DE 652 paragraphs 0002, 0005, 0008; WO 133 paragraph 0007) or cement (see CN 061 paragraphs 0002, 0004)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify DE 652 in view of WO 133, or in the alternative DE 652 in view of WO 133 and US 359 or WO 740, by incorporating the drying, grinding, drying and incineration process, as discloses in CN 061, because DE 652 requires ashes resulting from the incineration of sewage sludge (see DE 652 paragraph 0006) but does not provide any guidance on forming said ash and CN 061 provides guidance on forming ashes from the incineration of sewage sludge, wherein the sewage sludge becomes harmless, reduce its volume, recover resources and generate energy (see CN 061 paragraph 0004; see also CN 061 paragraph 0019, 0056, 0057 (CN 061 discloses “process involves drying, grinding, and then incinerating the sludge to minimize the adverse effects of sludge moisture or exhaust gas on the safe operation of the cement kiln system, reduce secondary pollution, and ensure the harmless, low-cost, and low-investment treatment of the sludge, which aligns with the direction of sustainable development and circular economy” (see CN 061 paragraph 0056).).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify DE 652 in view of WO 133, or in the alternative DE 652 in view of WO 133 and US 359 or WO 740, by incorporating the drying, grinding, drying and incineration process, as discloses in CN 061, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. generate ashes from the incineration of sewage sludge.
Regarding claim 3, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses wherein in stage (1D5), recycling the phosphoric acid-containing liquid from stage (1D4) for use in stage (1D3), is carried out, preferably with at least 10% of the phosphoric acid-containing liquid from stage (1D4) being recycled for use in stage (1D3), more preferably at least 20%, still more preferably 20% to 80%, and most preferably 40% to 60%, based on the total amount of phosphoric acid-containing liquid obtained from stage (1D4) (see rejection of claim 1; see DE 652 paragraphs 0044, 50, 0055, 0061-0062).
Regarding claim 4, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim Y. Further, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses that the stage (1A1), the disintegration of the sewage sludge, is carried out before stage (1A2), preferably by mechanical treatment (see rejection of claim 1 above; see CN 061 paragraphs 0024, 0036, 0041).
Regarding claim 5, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061,WO 133 and US 359 or WO 740, discloses wherein in stage (1B2), the alkalizing of the condensed NH3-rich vapors from stage (1B1), is carried out by means of addition of NaOH, optionally with further addition of CaO or Ca(OH)2 (milk of lime), and/or with the aid of an air or steam stream (see DE 652 paragraphs 0022, 0109; see WO 133 paragraphs 0021, 0028, 0031).
Regarding claim 6, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, wherein in stage (1D7), concentrating at least a part of the purified phosphoric acid-containing liquid from stage (1D6) so that phosphoric acid is recovered and separated, is carried out by evaporation (see DE 652 paragraphs 0024, 0034, 0051, 0057, 0115; see WO 133 paragraph 0037, 0042).
Regarding claim 7, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, wherein in stage (1D6), the purification of the phosphoric acid-containing liquid from stage (1D4) is carried out by adding sulfuric acid so that a calcium sulfate precipitate is recovered and separated and a purified phosphoric acid-containing liquid is obtained (see rejection of claim 1).
Regarding claim 8, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, wherein in stage (1D6), the purification of the phosphoric acid-containing liquid from stage (1D4) by adding sulfuric acid, is followed by a further purification by applying ion exchange or liquid-liquid extraction, preferably by ion exchange (see rejection of claim 1).
Regarding claim 9, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of CN 061 and WO 133, or in the alternative DE 652 in view of CN 061, WO 133 and US 359 or WO 740, wherein in stage (1E) the ammonia obtained in stage (1B2) is reacted with phosphoric acid, the phosphoric acid used preferably being in the form of the purified phosphoric acid-containing liquid from stage (1D6) and/or the phosphoric acid from stage (1D7) (see rejection of claim 1).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over 1) DE 652 in view of Li and WO 133, or in the alternative DE 652 in view of Li, WO 133 and US 359 or WO 740, OR 2) DE 652 in view of CN 061 and WO 133, or in the alternative, DE 652 in view of CN 061, WO 133 and US 359 or WO 740, as applied to claim 1 above, and further in view of Pilli, S., Bhunia, P., Yan, S., LeBlanc, R.J., Tyagi, R.D. and Surampalli, R.Y., 2011. Ultrasonic pretreatment of sludge: a review. Ultrasonics sonochemistry, 18(1), pp.1-18. (hereinafter NPL).
Regarding claim 4, DE 652 in view of Li/CN 061 and WO 133, or in the alternative DE 652 in view of Li/CN 061, WO 133 and US 359 or WO 740, discloses the invention as discussed above in claim 1. Further, DE 652 in view of Li/CN 061 and WO 133, or in the alternative DE 652 in view of Li/CN 061, WO 133 and US 359 or WO 740, does not disclose that in stage (1A1), the disintegration of the sewage sludge, is carried out before stage (1A2), preferably by mechanical treatment, for example by treatment using ultrasound and at elevated pressure and temperature.
NPL discloses a “Ultrasonication is an emerging and very effective mechanical pretreatment method to enhance the biodegradability of the sludge, and it would be very useful to all wastewater treatment plants in treating and disposing sewage sludge” (see NPL abstract/page 1). NPL discloses ultrasonication assist with increasing the dewatering of sludge, accelerates the conversion of complex organics into degradable substrate and it also promotes the growth of the methane-producing bacteria (see NPL conclusion/page 17). NPL discloses controlling temperature and pressure during the ultrasonication process (see NPL section 2.3/pages 3-4 (NPL discloses “the sludge disintegration depends on various factors like, sludge type, TS content, power supply, frequency, ultrasonic density, temperature, ultrasonication duration, sludge characteristics, etc” (see NPL section 2.4.2.1/page 7). NPL discloses “The temperature of sludge increases with increase in sonication time and increases the efficiency of ultrasonication” (see NPL section 2.4.2.1/page 10). NPL discloses “shear force produced by high pressure wave breaks down bacterial cell wall and releases the intracellular substances into aqueous phase” (see NPL section 2.4/page 4).
NPL is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. processing sewage sludge and/or dispose of sewage sludge.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the ultrasonication process, as disclosed in NPL, into the method and system of DE 652 in view of Li/CN 061 and WO 133, or in the alternative DE 652 in view of Li/CN 061, WO 133 and US 359 or WO 740, because ultrasonication assist with increasing the dewatering of sludge, accelerates the conversion of complex organics into degradable substrate and it also promotes the growth of the methane-producing bacteria and/or
because it would assist with the breakdown of sewage sludge (see NPL section 2.4/page 4) prior to the drying and incineration steps, as disclosed in DE 652 in view of Li/CN 061 and WO 133, or in the alternative DE 652 in view of Li/CN 061, WO 133 and US 359 or WO 740.
Other Applicable Prior Art
All other art cited not detailed above in a rejection is considered relevant to at least some portion or feature of the current application and is cited for possible future use for reference. Applicant may find it useful to be familiar with all cited art for possible future rejections or discussion.
Conclusion
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/BERNADETTE KAREN MCGANN/Examiner, Art Unit 1773
/BENJAMIN L LEBRON/Supervisory Patent Examiner, Art Unit 1773