DETAILED ACTION
For this Office action, Claims 1-19 are pending.
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 2 and 3 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 2, upon which Claim 3 is dependent, recites “a length of tubing and one or more heaters configured to heat the slurry batch within the tubing”; however, this limitation is considered indefinite because the claim language is unclear what may reside within the tubing—the heaters or the slurry batch—to read on the claim. For purposes of this examination, the examiner will assume either of the heater or the slurry may be placed within the tubing to read on the 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 4, and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kelly, US 6558550 (found in IDS filed 01/10/2024), in view of Promuto, US Pat Pub. 2002/0073903.
Regarding instant Claim 1, Kelly discloses a solids waste treatment system (Abstract; process/apparatus for treatment of septage), comprising:
a pasteurizer configured to receive a slurry batch and heat the slurry batch at an elevated temperature for a time period to produce a pathogen free slurry, the slurry batch comprising at least feces (Abstract; Figure 1A; Col. 5, Line 52-Col. 6, Line 10; pasteurization tanks 113-114 comprising entrained feces/solids from septage);
a mechanical dewatering press configured to compress the pathogen free slurry to separate a liquid phase from a volume reduced solid waste, the volume reduced solid waste being formed into a feces cake (Figure 1B; Col. 8, Lines 20-42; presses 132, 133, 134);
and an outlet to remove the liquid phase (Figure 1B; Col. 8, Lines 43-47; outlet to equalization tank 135).
However, Kelly is silent on a drying tunnel comprising a conveyor housed in an air duct system, the air duct system configured to propel forced air over the feces cake in the drying tunnel.
Promuto discloses a method and apparatus for drying and incineration of sewage sludge in the same field of endeavor as the instant application, as it solves the mutual problem of treating sludge separated from sewage (Abstract). Promuto further discloses an air duct system configured to force air over sewage sludge in order to enhance drying of said sludge (Figure 1; Figure 5; Paragraph [0017]; Paragraph [0022]; ducts 130 for feed system 100, see also screw feeder 110).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the system of Kelly to further comprise a drying tunnel comprising a conveyor housed in an air duct system, the air duct system configured to propel forced air over the feces cake in the drying tunnel as taught by Promuto because Promuto discloses such a conveyor and drying tunnel enhance the drying of the feces cake (Promuto, Figure 1; Figure 5; Paragraph [0017]; Paragraph [0022]).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. The combined references further disclose wherein the pasteurizer comprises a length of tubing and one or more heaters configured to heat the slurry batch within the tubing (Kelly, Figure 2; Col. 6, Lines 11-24; sparge tubes 161 that introduce steam to pasteurization tank).
Regarding instant Claim 4, Claim 1, upon which Claim 4 is dependent, has been rejected above. The combined references further disclose wherein the mechanical dewatering press comprises a filter assembly, a chamber and a piston (Kelly, Col. 8, Lines 33-42; plate shifter is piston, chamber created within recessed chamber plates, filter assembly is plates themselves).
Regarding instant Claim 6, Claim 4, upon which Claim 6 is dependent, has been rejected above. The combined references further disclose wherein the filter assembly of mechanical dewatering press comprises a filter screen (Kelly, Col. 8, Lines 33-42; see plates).
Regarding instant Claim 8, Claim 1, upon which Claim 8 is dependent, has been rejected above. The combined references further disclose wherein the drying tunnel dries the feces cake to a moisture content of 4-10% (Promuto, Paragraph [0022]; sludge can be sent to furnace where it is burned off/combusted).
Regarding instant Claim 9, Claim 1, upon which Claim 9 is dependent, has been rejected above. The combined references further disclose comprising a disposal bin configured to receive and collect a batch of feces cakes (Promuto, Paragraph [0023]; bin can be used to transport and dispose solids).
Regarding instant Claim 10, Kelly discloses a process for treatment of human waste (Abstract; process/apparatus for treatment of septage), the process comprising:
receiving, into a pasteurizer, a slurry batch comprising feces (Abstract; Figure 1A; Col. 5, Line 52-Col. 6, Line 10; pasteurization tanks 113-114 comprising entrained feces/solids from septage);
heating the slurry batch at an elevated temperature for a time period, the time period sufficient to kill pathogens producing a pathogen reduced slurry (Col. 6, Lines 26-44; see temperature ranges discussed);
transferring the pathogen reduced slurry to a mechanical dewatering press (Figure 1B; Col. 8, Lines 20-42; presses 132, 133, 134);
compressing the pathogen reduced slurry in the mechanical dewatering press to separate a liquid phase from a volume reduced solid waste (Figure 1B; Col. 8, Lines 20-42; presses 132, 133, 134; operation of presses);
removing the liquid phase (Figure 1B; Col. 8, Lines 43-47; outlet to equalization tank 135); and
forming a feces cake from the volume reduced solid waste (Col. 8, Lines 20-42; see formation of cake).
However, Kelly is silent on ejecting the volume reduced solid waste onto a conveyor and removing moisture from the feces cake in a drying tunnel.
Promuto discloses a method and apparatus for drying and incineration of sewage sludge in the same field of endeavor as the instant application, as it solves the mutual problem of treating sludge separated from sewage (Abstract). Promuto further discloses the ejection of filter cake onto a conveyor (Figure 1; Paragraph [0021]; see inlet/”pumped” 122) and removing moisture from filter cake in a drying tunnel in order to enhance drying of said sludge (Figure 1; Figure 5; Paragraph [0017]; Paragraph [0022]; ducts 130 for feed system 100, see also screw feeder 110).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the process of Kelly to further comprise ejecting the volume reduced solid waste onto a conveyor and removing moisture from the feces cake in a drying tunnel as taught by Promuto because Promuto discloses such a conveyor and drying tunnel enhance the drying of the feces cake (Promuto, Figure 1; Figure 5; Paragraph [0017]; Paragraph [0022]).
Regarding instant Claim 11, Claim 10, upon which Claim 11 is dependent, has been rejected above. The combined references further disclose wherein removing moisture from the volume reduced solid waste comprises propelling forced air over the volume reduced solid waste on the conveyor to provide evaporative drying during transport in a drying tunnel (Promuto, Figure 1; Figure 5; Paragraph [0017]; Paragraph [0022]; ducts 130 for feed system 100, see also screw feeder 110).
Regarding instant Claim 12, Claim 10, upon which Claim 12 is dependent, has been rejected above. The combined references further disclose wherein the volume reduced solid is about 20% or less of a volume of the slurry batch (Kelly, Col. 1, Lines 2-19; solids are generally 0-10% volume of the slurry).
Regarding instant Claim 13, Claim 10, upon which Claim 13 is dependent, has been rejected above. The combined references further disclose wherein removing the liquid phase comprises transporting the liquid phase to a buffer tank system (Kelly, Figure 1B; Col. 8, Lines 43-47; equalization tank 135).
Regarding instant Claim 14, Claim 10, upon which Claim 14 is dependent has been rejected above. The combined references further disclose wherein a volume of the slurry batch is about 100 mL (Kelly, Col. 6, Lines 34-44; batch can extend to several thousand gallons so a volume of 100 mL is present within said batch).
Regarding instant Claim 15, Claim 10, upon which Claim 15 is dependent, has been rejected above. While the combined references are silent on an elevated temperature of at least 85⁰C, Kelly does disclose that the temperature can be raised to at least 70⁰C (Col. 6, Lines 25-33); therefore, it would have been obvious to one of ordinary skill in the art on the effective filing date of the invention to raise the temperature to 80⁰C in order to enhance the sterilization effects of heating liquid mixtures closer to water’s boiling point.
Regarding instant Claim 16, Claim 10, upon which Claim 16 is dependent, has been rejected above. While the combined references are silent on said time period being 10 minutes, Kelly does disclose that increasing the number of pasteurization tanks increases capacity of the treatment facility (Col. 6, Lines 11-24); therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the number of pasteurization tanks of Kelly to allow for heating of the slurry to occur in a ten minute time period as taught by because Kelly discloses doing so will increase the capacity of the overall treatment process (Col. 6, Lines 11-24).
Regarding instant Claim 17, Claim 10, upon which Claim 17 is dependent, has been rejected above. The combined references further disclose wherein the drying tunnel dries the feces cake to a moisture content of 4-10% (Promuto, Paragraph [0022]; sludge can be sent to furnace where it is burned off/combusted).
Regarding instant Claim 18, Claim 10, upon which Claim 18 is dependent, has been rejected above. The combined references further disclose wherein the dried feces cakes have an E. coli count <100 per gram (Promuto, Paragraph [0022]; sludge may be sent to furnace to be burned off/combusted, destroying bacteria count).
Regarding instant Claim 19, Claim 10, upon which Claim 19 is dependent, has been rejected above. The combined references further disclose comprising a disposal bin configured to receive and collect a batch of feces cakes (Promuto, Paragraph [0023]; bin can be used to transport and dispose solids).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kelly, US 6558550, in view of Promuto, US Pat Pub. 2002/0073903 as applied to claim 1 above, and further in view of Joensen, US Pat Pub. 2015/0175463.
Regarding instant Claim 3, Claim 1, upon which Claim 3 is dependent, has been rejected above. The combined references further disclose wherein the one or more heaters comprises a plurality of heaters having independent temperature control (Kelly, Figure 2; Col. 6, Lines 11-24; sparge tubes 161 with individual nozzles for steam release).
However, the combined references are silent on each heater of the plurality of heaters wrapped around the length of tubing defining a heating zone for a section of tubing.
Joensen discloses a system and method for dewatering oil/water sludge in the same field of endeavor as the instant application, as it solves the mutual problem of dewatering solids (Abstract). Joensen further discloses a heater with a heater element wrapped around a portion of tubing in order to ensure the liquid in the tubing is maintained at the proper temperature (Paragraph [0080]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the plurality of heaters of Kelly to further comprise heater elements wrapping around a length of tubing as disclosed in Joensen because Joensen discloses such a configuration ensures that the fluid within the tubes (such as the steam of Kelly) is maintained at the desired temperatures (Joensen, Paragraph [0030]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kelly, US 6558550, in view of Promuto, US Pat Pub. 2002/0073903 as applied to claim 4 above, and further in view of Smith, US Pat Pub. 2011/0089122.
Regarding instant Claim 5, Claim 4, upon which Claim 5 is dependent, has been rejected above. Kelly, part of the combined references, discloses a filtrate outlet (Col. 8, Lines 33-42; see discharge corner ports).
However, the combined references are silent on a squeegee.
Smith discloses a liquid removal apparatus in the same field of endeavor as the instant application, as it solves the mutual problem of removing liquid from solids (Abstract). Smith further discloses a squeegee configured to remove filter cake from the outlet of a dewatering mechanism in order to prevent accumulating filter cake from clogging said outlet (Paragraphs [0159]-[0166]; see surface wiper).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the filtrate outlet of Kelly to further comprise a squeegee, wherein the squeegee is configured to remove the feces cake from the mechanical dewater press, as taught by Smith because Smith discloses such a squeegee prevents accumulating feces cake from clogging said outlet (Smith, Paragraphs [0159]-[0166]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kelly, US 6558550, in view of Promuto, US Pat Pub. 2002/0073903 as applied to claim 6 above, and further in view of Camisa, US Pat Pub. 2010/0199514.
Regarding instant Claim 7, Claim 6, upon which Claim 7 is dependent, has been rejected above. However, the combined references are silent on the filter screen being either a nylon net or stainless-steel mash.
Camisa discloses an optimized apparatus and method for manure management in the same field of endeavor as the instant application, as it solves the mutual problem of process liquid comprising feces with a filter press (Abstract; Paragraph [0027]). Camisa further discloses a filter press that comprises a stainless steel screen, wherein Camisa discloses such a material is proper for the screen of a filter press (Paragraph [0027]; stainless steel screen).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the filter screen of Kelly by further making the filter screen a stainless screen mesh as taught by Camisa because Camisa discloses stainless steel may be used for a filter press (Camisa, Paragraph [0027]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 04/03/2026
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