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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-11, 13-19, 36-38 and 41-43 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Endo et al. (JP H05309395 A).
Regarding claim 1, Endo discloses, (ref. Fig. 1,2) a system and method for transport of water between different depths in a body of water, where the system comprises (ref. ([0017-0020)): - a sequence of modules (25) constituting a channel with channel walls and having an upper and a lower channel end and a channel length, with at least one of the modules being a technical module (25a, 35,36) arranged at the upper and/or lower channel ends, for allowing water to enter at least one channel end, being transported through the channel, and exiting at the other channel end, and - impeller means 24 arranged related to the at least one technical module for contributing to the transport of water, and - controlling and guiding means arranged related to the at least one technical module for controlling and guiding flow of water into or out of the channel (note, this statement is extremely broad and could be done with literally anything, e.g. a bell curve of the pipe, an electronic device, a grate, moving the mooring ropes, or by eyesight. As such, this limitation is implicitly present in the prior art).
Regarding claims 2-11 and 13-15, Endo further discloses, the system is arranged for controllable up- and/or downwelling, where up- and downwelling respectively correspond to effecting transport of upwelled water from the lower to the upper channel end, and of downwelled water from the upper to the lower channel end; the channel is an enclosed channel comprising a wall arranged for confining water within a cross section of the channel limited by the wall; the channel is an open channel where the impeller means are arranged for generating a flow of water within a cross section of the channel limited by dynamic forces; the channel length is an enclosed channel comprising a wall arranged for confining water within a cross section of the channel limited by the wall, and part of the channel length is an open channel where the impeller means are arranged for generating a flow of water within a cross-section of the channel limited by dynamic forces; at least one impeller arranged related to the channel and located between the upper and lower channel ends; the impeller means are arranged for controllably contributing to transport of water into the channel, and to pushing it through the channel; the impeller means are arranged for controllably contributing to transport of water out of the channel, and pulling it through the channel; the sequence of modules comprises at least one extension module arranged between the channel ends, where the at least one extension module comprises at least one of the following: i)impeller means arranged to contribute to the transport of water through the channel, ii) diagnostic equipment arranged for measuring characteristics of the water in the channel, and iii) length extension of the channel; the impeller means comprises at least one motor driven impeller arranged to i)propel water inside the channel and/or ii) set up vortex motion; the at least one motor driven impeller is of the Lily type; a topside platform comprising buoyancy elements, a work deck, operational equipment and suspension means for enclosed or open channels; control means arranged for controlling direction of the water flow in the channel according to a predetermined time schedule or according to input data from system-associated sensors measuring physical or chemical environmental factors; the physical or chemical environmental factors include one or more of the following: Ambient light level above or below water surface, concentration of dissolved CO2 or 02 at selected points in the water flow in the system, pH and temperature at selected points in the water flow in the system, turbidity (every motor 23 can be controlled and/or adjusted).
Regarding claims 16 and 17, Endo further discloses, the body of water has a photiczone and a thermocline, and where the channel is arranged with the upper channel end in the photiczone and the lower channel end below the thermocline, and the controlled direction of the water flow is from the photiczone to below the thermocline in a downwelling period of a 24-hour period, and from below the thermocline to the photiczone in an upwelling period of the 24-hour period; the upwelling period takes place during hours of daylight ('daytime") and the downwelling takes place during hours of darkness ('nighttime") (ref. item VIII).
Regarding claims 18 and 19, Endo further discloses, generator means arranged for generating gas-filled bubbles and/or nanocavities, and seeding means arranged for seeding water in the channel with the gas-filled bubbles and/or nanocavities; the seeding means are arranged for seeding upwelled water and the system is arranged for distributing upwelled water into surface layers in the water surrounding the system or at remote locations, where the temperature of the upwelled water is lower than the temperature of the water where it is distributed (air supply pipe 16 in Figure 8).
Regarding claims 36-38 and 41-43, Endo further discloses, the method comprises:-controlling and guiding a flow of water from the body of water into and/or out of a channel constituted of a sequence of modules with at least one of the modules being a technical module arranged at the upper and/or lower channel ends; and -contributing to transporting water through the channel by impelier means arranged related to the at least one technical module; controllable up- and/or downwelling, where up- and downwelling respectively correspond to effecting transport of upwelled water from the lower to the upper channel end, and of downwelled water from the upper to the lower channel end; controlling direction of the water flow in the channel according to a predetermined time schedule or based on input data from system-associated sensors measuring physical or chemical environmental factors (Figure 8).
Claim(s) 1-11, 13-19, 36-38 and 41-43 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Park et al. (KR 20180095973 A).
Regarding claim 1, Park discloses, (ref. Fig. 2) a system and method for transport of water between different depths in a body of water, where the system comprises: - a sequence of modules (housing 300 connected to suction pipe 200, ref. [0040]) constituting a channel with channel walls and having an upper and a lower channel end and a channel length, with at least one of the modules being a technical module (no specific term) arranged at the upper and/or lower channel ends, for allowing water to enter at least one channel end, being transported through the channel, and exiting at the other channel end, and - impeller means 500 arranged related to the at least one technical module for contributing to the transport of water, and - controlling and guiding means arranged related to the at least one technical module for controlling and guiding flow of water into or out of the channel (note, this statement is extremely broad and could be done with literally anything, e.g. a bell curve of the pipe, an electronic device, a grate, moving the mooring ropes, or by eyesight. As such, this limitation is implicitly present in the prior art).
Regarding claims 2-11 and 13, Park further discloses, the system is arranged for controllable up- and/or downwelling, where up- and downwelling respectively correspond to effecting transport of upwelled water from the lower to the upper channel end, and of downwelled water from the upper to the lower channel end; the channel is an enclosed channel comprising a wall arranged for confining water within a cross section of the channel limited by the wall; the channel is an open channel where the impeller means are arranged for generating a flow of water within a cross section of the channel limited by dynamic forces; the channel length is an enclosed channel comprising a wall arranged for confining water within a cross section of the channel limited by the wall, and part of the channel length is an open channel where the impeller means are arranged for generating a flow of water within a cross-section of the channel limited by dynamic forces; at least one impeller arranged related to the channel and located between the upper and lower channel ends; the impeller means are arranged for controllably contributing to transport of water into the channel, and to pushing it through the channel; the impeller means are arranged for controllably contributing to transport of water out of the channel, and pulling it through the channel; the sequence of modules comprises at least one extension module arranged between the channel ends, where the at least one extension module comprises at least one of the following: i)impeller means arranged to contribute to the transport of water through the channel, ii) diagnostic equipment arranged for measuring characteristics of the water in the channel, and iii) length extension of the channel; the impeller means comprises at least one motor driven impeller arranged to i) propel water inside the channel and/or ii) set up vortex motion; the at least one motor driven impeller is of the Lily type; a topside platform comprising buoyancy elements, a work deck, operational equipment and suspension means for enclosed or open channels (100 in Figure 2).
Regarding claims 14 and 15, Park further discloses, control means arranged for controlling direction of the water flow in the channel according to a predetermined time schedule or according to input data from system-associated sensors measuring physical or chemical environmental factors; the physical or chemical environmental factors include one or more of the following: Ambient light level above or below water surface, concentration of dissolved CO2 or 02 at selected points in the water flow in the system, pH and temperature at selected points in the water flow in the system, turbidity (engine 600 is powered by solar energy and therefore controlled by light intensity).
Regarding claims 16 and 17, Park further discloses, the body of water has a photiczone and a thermocline, and where the channel is arranged with the upper channel end in the photiczone and the lower channel end below the thermocline, and the controlled direction of the water flow is from the photiczone to below the thermocline in a downwelling period of a 24-hour period, and from below the thermocline to the photiczone in an upwelling period of the 24-hour period; the upwelling period takes place during hours of daylight ('daytime") and the downwelling takes place during hours of darkness ('nighttime") (ref. item VIII).
Regarding claims 18 and 19, Park further discloses, generator means arranged for generating gas-filled bubbles and/or nanocavities, and seeding means arranged for seeding water in the channel with the gas-filled bubbles and/or nanocavities; the seeding means are arranged for seeding upwelled water and the system is arranged for distributing upwelled water into surface layers in the water surrounding the system or at remote locations, where the temperature of the upwelled water is lower than the temperature of the water where it is distributed (ref. gas introduction pipes 1000).
Regarding claims 38 and 41-43, Park further discloses, the method comprises:-controlling and guiding a flow of water from the body of water into and/or out of a channel constituted of a sequence of modules with at least one of the modules being a technical module arranged at the upper and/or lower channel ends; and -contributing to transporting water through the channel by impelier means arranged related to the at least one technical module; controllable up- and/or downwelling, where up- and downwelling respectively correspond to effecting transport of upwelled water from the lower to the upper channel end, and of downwelled water from the upper to the lower channel end; controlling direction of the water flow in the channel according to a predetermined time schedule or based on input data from system-associated sensors measuring physical or chemical environmental factors (use of air intake pipe 1000).
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.
Claim(s) 12, 20-24 and 45-51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Endo et al. (JP H05309395 A) or Park et al. (KR 20180095973 A) and further in view of Katz (US 2017/0113194).
Regarding claims 12, 20-24 and 45-51, Endo and Park fail to disclose admixing materials into the water channel and the subsequent details thereof.
Katz teaches a suspension system arranged to connect at least two neighboring modules, and physically contribute to control relative position of the connected modules; means for introducing water carrying dissolved inorganic carbon (DIC laden water) into the channel for downwelling; the means for introducing DIC laden water comprises a separator stage arranged for receiving flue gases and water, removing N2 and 02 from the flue gas and dissolving CO2 in the water; means for processing arranged to control and adjust physical and chemical parameters of the DIC laden water; means for sequestration of downwelled DIC laden water, by one or more of the following: Dispersion into deep sea water volumes, temporary storage in flexible containers in the sea, exposing seafloor minerals to react with DIC laden water, filling void volumes associated with abandoned subsea oil wells and aquifers, using DIC laden water as forcing fluid in EOR (Enhanced Oil Recovery); at least one of i) means for admixing air with the flue gas before being received by the separator stage, and ii) means for diluting the DIC laden water with fresh water; admixing materials into water in the channel; controlling and adjusting physical and chemical parameters of the seeded water before entering the channel; and -downwelling the seeded water; introducing water carrying dissolved inorganic carbon (DIC laden water) into the channel; and -downwelling the DIC laden water; introducing DIC laden water comprises receiving flue gases and water, removing N2 and 02 from the flue gas and dissolving CO2 in the water in a separator stage; prior to the introducing DIC laden water, controlling and adjusting physical and chemical parameters of the DIC laden water; sequestrating the downwelled DIC laden water by one or more of the following: dispersion into deep sea water volumes, temporary storage in flexible containers in the sea, exposing seafloor minerals to react with DIC laden water, filling void volumes associated with abandoned subsea oil wells and aquifers, using DIC laden water as forcing fluid in EOR (enhanced oil recovery); at least one of i) admixing air with the flue gas before being received by the separator stage, and ii) diluting the DIC laden water with fresh water (Figure 2 and paragraphs 56-58).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of Endo or Park by adding the admixture and processing means as described by Katz to increase the marketability and subsequently profitability of the device by enabling it to complete additional functions, in this case performing desalination, in such a manner as to use minimize requisite power, and prevent the death of aquatic life (Paragraph 10).
Claim(s) 25-35 and 52-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Endo et al. (JP H05309395 A) or Park et al. (KR 20180095973 A) and further in view of Nakanishi et al. (US 2021/0259174).
Regarding claims 25-35 and 52-55, Endo and Park fail to disclose the system is part of a bioreactor for farming aquatic organisms and the subsequent details thereof.
Nakanishi teaches a system adapted to function as a bioreactor for farming of aquatic organisms, comprising:- containment and exposure means for containment of the aquatic organisms within the channel and for exposing them to water flowing through the channel; the containment and exposure means comprise substrates with surfaces, adapted to serve as habitats for sessile organisms, the substrates being arranged in the channel and exposed to water flowing in the channel; the substrates comprise at least one of the following: ropes, flexible sheets, plates, arid bands; the containment arid exposure means are comprises at least one of the following: mesh bags and cages; the aquatic organisms comprise at least one of the following: autotrophic or heterotrophic biomass, algae, tunicates, mussels, crustaceans, fish, and benthic organisms; particle trap means arranged for collecting particulate materials ejected by the aquatic organisms; means for controlling the flow of water through the bioreactor; an intake manifold arranged at one channel end and adapted to lead water in a natural water flow in the body of water into the channel; means for upstream seeding of the natural water flow in the body of water being led into the channel; the system is adapted to function as a bioreactor, and where the system is arranged with the lower channel end at a depth below the thermocline of the body of water for drawing water into and upwelling it through the channel, and where the system further comprises:- a conditioning stage arranged for receiving and conditioning the upwelled water; - a farming volume arranged for receiving the conditioned water and for farming of cold-water fish or other organisms; and -expelling means arranged to expel spent water from the farming volume into the body of water; the conditioning stage is arranged for performing one or more of the following tasks:-controlling the oxygen content and salinity of the upwelled water, - adding nutrients arid medicines to the upwelled water,-admixing surface water to the upwelled water for maintaining optimal water temperature, where the surface water is warmer than the upwelled water; the method is used related to farming of aquatic organisms in a bioreactor, where the method further comprises: -containing the aquatic organisms within the channel; and-exposing the aquatic organisms to water flowing through the channel; at least one of the following steps: - collecting particulate materials ejected by the aquatic organisms by particle trap means; - leading water in a natural water flow in the body of water into the channel via an intake manifold arranged at one channel end; and - seeding of the natural water flow in the body of water being led into the channel; upwelling water through the channel from a depth below the thermocline; -conditioning the upwelled water in a conditioning stage;- transporting the conditioned water into an enclosed volume of the bioreactor for farming of cold-water fish or other organisms; and -expelling spent water from the enclosed volume to the surrounding water volume; the conditioning comprises one of more of the following steps:- controlling oxygen content and salinity of the (upwelled)water;- adding nutrients and medicines to the (upwelled) water; and- admixing surface water to the upwelled water for maintaining optimal water temperature, where the surface water is warmer than the upwelled water (Figure 1).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of Endo or Park by adding the bioreactor as described by Nakanishi to increase the marketability and subsequently profitability of the device by enabling it to complete additional functions, in this case culturing of aquatic life, in such a manner as to use minimal electricity and better control the cultured life (Paragraphs 12 and 13).
Claim(s) 39 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Endo et al. (JP H05309395 A) or Park et al. (KR 20180095973 A) and further in view of Nakamura (US 6428711).
Endo and Park fail to disclose controlling the water flow according to a 24-hour day and night time periods and the subsequent details.
Nakamura teaches the body of water has a photic zone and a thermocline, and where the method comprises: - arranging the channel with the upper channel end in the photic zone and the lower channel end below the thermocline; and -controlling direction of the water flow from the photic zone to below the thermocline in a downwelling period of a 24-hour period, and from below the thermocline to the photic zone in an upwelling period of the 24-hour period; the upwelling period takes place during hours of daylight ("daytime") and the downwelling takes place during hours of darkness ('nighttime") (Figure 1 and Disclosure paragraph 1).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of Endo or Park by adding the day/night thermocline control as described by Nakamura to ensure the surface water layer and bottom water layer are efficiently mixed and the mixed water is rapidly diffused over a wide range of the closed area to enhance the processes and therefore boost the outcome product and subsequently profits (Background paragraph 15).
Allowable Subject Matter
Claim 44 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to disclose, teach or suggest – either alone or in combination – the step of at least partially removing gases other than CO2 before generating the bubbles/nanocavities, and it would only have been able to produce such a result with improper hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gudsen (US 2024/0263414) discloses an ocean circulation system and method comprising a bioreactor and sequestration means similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A ARMSTRONG whose telephone number is (571)270-1184. The examiner can normally be reached M-F ~10-6.
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KYLE ARMSTRONG, P.E.
Primary Examiner
Art Unit 3678
/KYLE ARMSTRONG/ Primary Examiner, Art Unit 3619