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 .
Applicant’s amendment has been considered and entered for the record.
Election/Restrictions
Claims 8-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/15/2024.
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 1-7 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.
For claim 1,it is unclear what steps or processes are included in the term “continuous minimum load foreseen assessment”. It is unclear what parameters or inputs are used to make this determination and how the operation is adjusted based on this calculation/assessment/process. Moreover, the specification does not provide a discussion of this process and how it is implemented by the control and regulation unit.
Claims 2-7 are rejected under 35 U.S.C. 112b since the claims depend upon and incorporate all the limitations of claim 1.
Clarification and appropriate corrective action is required.
Allowable Subject Matter
Claim 1 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: For claim 1, the prior art taken either singly or in combination fails to teach or reasonably suggest the following limitation when taken in context of the claim as a whole a reactor plant that includes a control and regulation unit that is configured to control the operation load of the two or more reactors that during operation of the reactor plant with a reduced operation load, the two or more reactors are configured by the control and regulation unit to periodically continuously permutate their respective operation loads within periodically repeating a time intervals, dependent on the metabolic characteristics of the biocatalyst, wherein the control and regulation unit are configured to continuously adjust the operation load of the two or more reactors depending on a continuous minimum load foreseen assessment, and wherein the load encompasses energy and substrate(s) together and/or in singularity needed for the maintenance and reaction of the biocatalyst.
Claims 2-7 would be allowable for the same reasons as claim 1.
The closes prior art is Madore et al. (US 2015/0104782 A1) discloses a reactor plant that is used for CO2 capture, but Madore does not teach or fairly suggest the step where a control unit that employs the step of continuously adjusting the operation load of the two or more reactors depending on a continuous minimum load foreseen assessment, and wherein the load encompasses energy and substrate(s) together and/or in singularity needed for the maintenance and reaction of the biocatalyst.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Castillo Castillo et al. (US 2019/0332101 A1) discloses batch processes that is employed in several sectors such as pharmaceutical, biochemical, food and biological sectors.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L HOBBS whose telephone number is (571)270-3724. The examiner can normally be reached Variable, but generally 8AM-5PM M-F.
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, Michael Marcheschi can be reached at 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL L HOBBS/Primary Examiner, Art Unit 1799
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