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 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 1-16 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 recites the limitation "the marine algae" in line 14. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim will be considered to recite "[[the]] marine algae."
Claim 7 recites the limitation "the optimal culture temperature" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim will be considered to recite "[[the]]an optimal culture temperature."
Claim 10 recites the limitation "the effluent water quality standards" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim will be considered to recite "[[the]] effluent water quality standards."
Claim 11 recites the limitation "the culture environment" in line 14. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim will be considered to recite "[[the]] culture environment."
Claim 14 recites the limitation "the optimal culture temperature" in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim will be considered to recite "[[the]]an optimal culture temperature."
Claims 2-6, 8-9 and 12-13, 15 and 16 are rejected as depending from a rejected claim.
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 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ryoo et al. (KR 20180010296, the passages cited below refer to the machine-generated English translation provided with the instant office action) in view of Krivov (US 2019/0241847).
Per claim 11, Ryoo et al. disclose an algal biomass production system for treating resource- circulation-type livestock manure using algal biomass (abstract, Specifically, the present invention relates to a system for culturing microalgae using liquid livestock excretion), the system comprising:
a controller for controlling the culture environment (page 5, It is preferable that the first and second culture tanks 6 and 13 are provided with a heating wire (heating device, not shown) for controlling the temperature inside.);
a medium preparation tank (1) for preparing a culture medium for culturing microalgae or marine algae (page 4, In a microalgae culture system (100, culture device), the manufacturing tank (1) can prepare tailored manure with the microalgae culture medium for livestock manure (step S401). At this time, customized manure can be produced by appropriately mixing the livestock manure solution and water.);
a first culture tank (6) for culturing microalgae by introducing the culture medium and microalgae as inoculum into (page 5, In the first culture tank 6, the microalgae culture medium discharged from the production tank 1 is discharged and microalgae are cultured (step S403).); and
a second culture tank (13) for culturing algae by introducing the culture medium obtained (page 4, Then, in the second culture tank 13, the customized liquid ratio and the primary cultured liquid ratio can be mixed (step S406).). Ryoo et al. do not disclose that marine algae are cultured in the second culture tank nor providing a first filtration tank for filtering the microalgae and culture medium cultured in the first culture tank and a second filtration tank for filtering the marine algae and culture medium cultured in the second culture tank.
Krivov, also directed to an algal biomass production system for treating resource- circulation-type wastes using algal biomass (abstract, According to present disclosure, there is disclosed an algae growth and cultivation system that provides a cost-efficient means of producing algae biomass as feedstock for algae-based products, such as, biofuel manufacture, and desirably impacts alternative/renewable energy production, nutrient recovery from waste streams, and valued byproducts production. The system as discussed herein is an integrated systems approach to wastewater treatment,), discloses first (152A) and second (152B) culture tanks which contain different types of algae in order to, for example, remove different types of contaminants in the wastes ([0063] As is notable, there is less organic carbon left in this effluent, which is to be expected based upon the selection of Chlorella in AGC 152A, and a significant amount of nitrogen and phosphorus also remain. Accordingly, the algal strain for AGC 152B was chosen so as to be able to capitalize on availability of non-organic carbon from CO2 gas (an off-gas of AGC 152A), and the ammonium, nitrogen, and phosphorus in the effluent coming from AGC 152A. For this experiment, the algal strain Scenedesmus was chosen, which requires inorganic carbon (CO2) to grow and does a better job at removing nitrogen and ammonium than does the heterotrophic Chlorella...Although certain strains listed above for the second algal growth component are also listed from the first algal growth component, it is understood that the same strain would not be used for both the first and second algal growth components.) and providing a first filtration tank (170; Fig. 1; [0079] In another embodiment, algal biomass processing system 116 is implemented as a solid separator that includes a centrifuge and a filtration system (e.g., filtration 170… The filtration system can be implemented by various methodologies, such as, but not limited to, a tank, a bag, a sock, a pillow, a tube, a tote, a plate, a container, of any shape, size, or volume, and multiple filtration systems can be layered or suspended in a container.) for filtering microalgae and culture medium cultured in a first culture tank (152A; Fig. 1; [0050] Based on literature and market research, and followed up by small scale experimentation, the strain Chlorella was chosen for AGC 152A due to its ability to use high amounts organic carbon (20% of dry weight of suspended solids is in the input stream) and because it also requires some nitrogen (N), phosphorus (P), and potassium (K) to grow.) in order to, for example, harvest the microalgae as a valuable biomass.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of Ryoo et al. such that it includes providing different types of algae in the culture tanks in order to, for example, remove different types of contaminants in the waste and a first filtration tank for filtering the microalgae and culture medium cultured in the first culture tank in order to, for example, harvest the microalgae as a valuable biomass.
It is submitted that it would have been obvious to provide marine algae in the second culture tank since marine algae is different from microalgae in the first culture tank and would reasonably be expected to remove different contaminants from the wastes.
Regarding the system comprising a second filtration tank for filtering the marine algae and culture medium cultured in the second culture tank, it is submitted that it would have been well within the purview of the skilled artisan to provide a second filtration tank for filtering the marine algae and culture medium cultured in the second culture tank in order to, for example, harvest the algae from the second tank as a valuable biomass.
Per claim 12, Ryoo et al. do not disclose wherein the first culture tank and the second culture tank comprise at least one of a raceway pond and a photo- bioreactor.
Krivov discloses wherein the first culture tank and the second culture tank comprise at least one of a raceway pond and a photo- bioreactor ([0036] The type of algal system chosen for AGC 152B (and the specific algae) can be used to determine the size or volume required for AGC 152B when implemented in the form of, for example, a closed photobioreactor, an open tank, a raceway, or a pond system.; [0069] In yet another exemplary embodiment of algal core 156, an oxygen rich air supply from AGC 152A (when implemented as a photobioreactor as a result of photosynthesis by photoautotrophic or mixotrophic algae) is fed into AGC 152B (when implemented as a heterotrophic reactor to support growth of heterotrophic algae).) in order to, for example, utilize system known to grow algae depending on the volume and type of algae desired.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of Ryoo et al. such that it includes wherein the first culture tank and the second culture tank comprise at least one of a raceway pond and a photo- bioreactor in order to, for example, utilize system known to grow algae depending on the volume and type of algae desired.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ryoo et al. (‘296) in view of Krivov (‘847) as applied above and further in view of Delrue et al. (FR 3041654, the passages cited below refer to the machine-generated English translation provided with the instant office action).
Per claim 13, Ryoo et al., as modified by Krivov, do not disclose wherein the first culture tank and the second culture tank comprise an agitator of at least one of a screw type, a paddle type, a propeller type and a water wheel type.
Delrue et al., also directed to an algal biomass production system for treating resource- circulation-type wastes using algal biomass (Abstract, The invention relates to a method for producing microalgae and treating at least one liquid effluent, comprising the following steps: a / culture of micro-algae in a culture zone in which the liquid effluent (s) is circulated ; b / pyrolysis of the dried biomass obtained from microalgae grown according to step a /; c / contacting the tank obtained by pyrolysis according to step b / with the liquid effluent or effluents.), disclose wherein a culture tank comprises an agitator of at least one of a screw type, a paddle type, a propeller type and a water wheel type (page 5, The microalgae cultivation zone may be an open type architecture system, also known as "Raceway", when this type of system is optimized (impeller stirring and particular oval shape), which is constituted by open ponds or lagoons, that is to say in the open air. It can also be a closed architectural system of the photobioreactor intensive type.) in order to, for example, optimize the system.
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of Ryoo et al., as modified by Krivov, such that it includes wherein the first culture tank and the second culture tank comprise an agitator of at least one of a screw type, a paddle type, a propeller type and a water wheel type in order to, for example, optimize the system in each tank.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ryoo et al. (‘296) in view of Krivov (‘847) as applied above and further in view of Wang et al. (CN 106867890, the passages cited below refer to the machine-generated English translation provided with the instant office action).
Per claim 14, Ryoo et al., as modified by Krivov, do not disclose wherein the first culture tank and the second culture tank further comprise a heating device and a cooling device for maintaining [[the]]an optimal culture temperature in the culture tank.
Wang et al. disclose providing wherein a culture tank (Fig. 1; page 4, The invention the microalgae culture optimization control system overall design unfolded around the photobioreactor. As shown in FIG. 1, the photobioreactor size is 1.2 m * 0.3 m, the bottom right respectively placing the heating plate and the cooling plate,) further comprises a heating device and a cooling device for maintaining an optimal culture temperature in the culture tank (Fig. 1; page 2, In order to realize said purpose the adopted technology solution is as follows: a microalgae culture optimization control system, the photobioreactor comprises box body and the box body is arranged on the outer side of the LED lamp group; the box body through gas flow controller, the sensor unit and the controller connection, LED lamp group and controller connection, the photobioreactor is placed at the bottom of the heating plate and cooling plate.) in order to, for example, shorten microalgae culture time and increase microalgae yield (abstract, The invention greatly improves the automation level of the microalgae culture process, shorten cultivation period of microalgae, microalgae yield is increased.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the system of Ryoo et al., as modified by Krivov, such that it comprises wherein the first culture tank and the second culture tank further comprise a heating device and a cooling device for maintaining [[the]]an optimal culture temperature in the culture tank in order to, for example, shorten microalgae culture time and increase microalgae yield in each tank.
Allowable Subject Matter
Claims 1-10, 15 and 16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Per claim 1, KR 20180010296 to Ryoo et al. is considered by the examiner to be the closest prior art. The passages cited below refer to the machine-generated English translation provided with the instant office action. Ryoo et al. disclose a resource-circulation-type and eco- friendly livestock manure treatment method using algal biomass (abstract, Specifically, the present invention relates to a system for culturing microalgae using liquid livestock excretion), the method comprising:
(a) an algae selection step of preparing algae capable of being cultured and proliferating as inoculum (page 5, At this time, the microalgae cultured in the culture tank are selected from the group consisting of Chlorella sorokiniana, Chlorella vulgaris, Scenedesmus dimorphus, Scenedesmus obliquus, Microcystis aeruginosa and Euglena gracilis.);
(b) a clean culture step of culturing the selected algae in a culture medium in which a livestock liquid fertilizer is mixed with water (abstract, a production tank for mixing a livestock excretion liquid fertilizer and water to produce a customized liquid fertilizer;) to produce algal biomass, in an algal biomass production system (page 4, In the first culture tank 6, the microalgae culture medium discharged from the production tank 1 is discharged and microalgae are cultured (step S403). At this time, the microalgae can be cultured by the light source irradiated from the light source 10, and the carbon dioxide injected from the blower 7, the air injection tube 9, and the air diffuser 8.). In the examiner’s opinion the prior art fails to teach or render obvious the method further comprising (c) a feed material production step of harvesting the algal biomass, followed by drying and pulverizing to obtain algal biomass powder; and (d) a post-treatment step of subjecting the culture medium remaining after harvesting the algal biomass in the clean culture step with water treatment, followed by spraying or discharging, wherein in step (b), the algae culture is performed by culturing the microalgae, followed by culturing [[the]] marine algae.
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.
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/FRED PRINCE/
Primary Examiner
Art Unit 1779