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 Interpretation
Examiner notes, any terminology in the preamble that limits the structure of the claimed invention must be treated as a claim limitation. See, e.g., Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1257, 9 USPQ2d 1962, 1966 (Fed. Cir. 1989).
With respect to claim 21, it is the Examiner position that the mobile biodiesel manufacturing plant having a housing limits the structure of the claimed invention and must be treated as a claim limitation.
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.
Claim(s) 1-3, 5, 8, 10, 12, 14-15 and 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scaparro (WO 2015/093991) in view of Brasil (US 2013/0180165).
With respect to claim 1, Scaparro discloses apparatus for continuously producing biodiesel from a triglyceride source in a biodiesel manufacturing plant, the comprising:
receiving triglycerides from a triglyceride source, (see page 4 lines 1-5), receiving sodium hydroxide and methanol in the mixing chamber (see page 4 lines 1-15) (see page 4 lines 3-6);
subjecting the triglycerides to a transesterification reaction with said methanol in the presence of said potassium or sodium hydroxide as a catalyst under ultrasonic cavitation conditions, at a pressure of 1 bar to 3 bar (1 to 3 atm, see page 4, lines 4-8);
receiving the solution from the reactor in a vortex multiplier tank located within the housing and continually agitating the solution in the vortex multiplier tank for between 30 minutes and 60 minutes to complete the transesterification reaction to convert the triglycerides into glycerine and biodiesel (see page 4, lines 5-11);
separating the glycerine from the biodiesel in the solution the solution and outputting the biodiesel (see page 4 line 8-13).
Scaparro does not disclose the utilization of a mobile, such that the biodiesel manufacturing plant is mobile.
However, in a related biodiesel manufacturing plant, Brasil discloses a mobile biodiesel manufacturing plant, comprising:
Mixing means (100), in which the reagents of the process, including alcohol, oil and catalyst , a transesterification reactor 102, which produces biodiesel and other products, is performed by irradiation with ultrasound (see paragraph 0042), separation means wherein product is separated by a decanter (see paragraph 0047) and storing means for collecting product, wherein the resultant biodiesel is stored in a target tank (see paragraph 0042).
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify Scaparro with the mobile plant disclosed by Brasil and arrive at the Applicant claimed invention, as having a mobile biodiesel production plant would be merely a matter of obvious engineering choice.
With respect to claim 2, the prior combination teaches the limitation of claim 1.
The prior combination does not disclose wherein the housing is a shipping container as, claimed.
However, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to change the size of the mobile biodiesel manufacturing plant, as said modification would be an obvious engineering choice.
With respect to claim 3, the prior combination teaches the limitation of claim 1.
The prior combination further discloses wherein the mixing chamber is configured to receive methanol (see Brasil figure 1).
The prior combination does not disclose wherein the methanol concentration is at 98.5 %, as claimed.
However, Apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) .
Thus, the limitations of claim 3 pertaining to a manner of operating the Apparatus do not further limit the parent apparatus.
With respect to claim 5, the prior combination teaches the limitation of claim 1.
Brasil further discloses wherein the reactor comprises an ultrasonic cavitation cell disposed centrally within the reactor and configured to generate the ultrasonic cavitation conditions (see paragraph 0052).
With respect to claim 8, the prior combination teaches the limitation of claim 1.
Scaparro further discloses receiving the solution from the reactor in a vortex multiplier tank located within the housing and continually agitating the solution in the vortex multiplier tank for between 30 minutes and 60 minutes to complete the transesterification reaction to convert the triglycerides into glycerine and biodiesel (see page 4, lines 5-11).
With respect to claim 10, the prior combination teaches the limitation of claim 1.
Brasil further discloses wherein the separation stage is configured to output the glycerine to a glycerine storage container (see figure 1).
With respect to claim 12, the prior combination teaches the limitation of claim 14.
The prior combination does not disclose wherein the apparatus further comprising a plurality of filters located within the housing and configured to receive the biodiesel from the two or more cascading tanks and filter the biodiesel before outputting to the biodiesel storage container.
However, Brasil discloses wherein the process comprises a control unit to control flow rates, pumps (see paragraph 0075) and further discloses utilizing filters (see paragraph 0053) in-line with pumps as a means to remove particulates.
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify biodiesel plant with a plurality of filters located within the housing and configured to receive the biodiesel from the two or more cascading tanks and filter the biodiesel before outputting to the biodiesel storage container.
With respect to claim 14, the prior combination teaches the limitation of claim 1.
Brasil further discloses wherein the biodiesel manufacturing plant comprises a process controller (see paragraph 0075).
With respect to claim 15, the prior combination teaches the limitation of claim 14.
The prior combination does not disclose the process comprising a biodiesel pump configured to draw the biodiesel from the two or more cascading tanks and pump the biodiesel through the filters, and a biodiesel flow sensor configured to sense flow of the biodiesel to the biodiesel storage container.
However, Brasil discloses wherein the process comprises a control unit to control flow rates, pumps (see paragraph 0075) and further discloses utilizing filters (see paragraph 0053) in-line with pumps as a means to remove particulates.
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify biodiesel plant with a biodiesel pump configured to draw the biodiesel from the two or more cascading tanks and pump the biodiesel through the filters, and a biodiesel flow sensor configured to sense flow of the biodiesel to the biodiesel storage container, as said pumps, filters and control units are already utilized within the same mobile plant.
With respect to claim 17, the prior combination teaches the limitation of claim 14.
Scaparro wherein the vortex multiplier tank comprises a pump or impeller to keep the solution in suspension, and wherein the process control unit is further configured to control the pump or impeller to keep the solution in suspension in the vortex multiplier tank for a designated time between 30 minutes and 60 minutes (see page lines 1-20).
The prior combination does not disclose the process comprising further comprising a plurality of filters located within the housing and configured to receive the biodiesel from the two or more cascading tanks and filter the biodiesel before outputting to the biodiesel storage container.
However, Brasil discloses wherein the process comprises utilizing filters (see paragraph 0053) in-line with pumps as a means to remove particulates.
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify biodiesel plant with a biodiesel filter configured to receive the biodiesel from the two or more cascading tanks and filter the biodiesel before outputting to the biodiesel storage container.
With respect to claim 18, the prior combination teaches the limitation of claim 1.
Brasil further discloses wherein the manufacturing plant further comprising an oil pump configured to draw the triglycerides from the triglyceride source container into the mixing chamber and a catalyst pump configured to draw the potassium or sodium methoxide mixture of potassium or sodium hydroxide and methanol from the catalyst container into the mixing chamber (see figure 1).
With respect to claim 19, the prior combination teaches the limitation of claim 18.
Brasil further discloses further comprising an oil sensor configured to sense flow of the triglycerides to the mixing chamber, and a catalyst sensor configured to sense flow of the mixture of potassium or sodium hydroxide and methanol to the mixing chamber, wherein the process control unit is further configured to control the oil pump and the catalyst pump to provide the triglycerides, methanol and potassium or sodium methoxide mixture in the mixing chamber at a designated ratio based on received signals from the oil sensor and the catalyst sensor (see figure 1 and paragraph 0075).
With respect to claim 20, the prior combination teaches the limitation of claim 19.
The prior combination further discloses wherein the mixing chamber is further configured to receive methanol at a concentration above 98.5% (see Brasil figure 1) by weight from a methanol container, and the mobile biodiesel manufacturing plant further comprising a methanol sensor configured to sense flow of the methanol to the mixing chamber, wherein the process control unit is further configured to control the catalyst pump and the methanol pump to provide the methanol and potassium or sodium methoxide mixture in the mixing chamber at the designated ratio of around 32% by weight based on received signals from the methanol sensor and the catalyst sensor (see rejection of claim 1).
Examiner notes , Apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) .
Thus, the limitations of claim 20 pertaining to a manner of operating the Apparatus do not further limit the parent apparatus.
With respect to claim 21, Scaparro discloses method of continuously producing biodiesel from a triglyceride source in a biodiesel manufacturing plant, the method comprising:
receiving triglycerides from a triglyceride source , (see page 4 lines 1-5), receiving sodium hydroxide and methanol in the mixing chamber (see page 4 lines 1-15) (see page 4 lines 3-6);
subjecting the triglycerides to a transesterification reaction with said methanol in the presence of said potassium or sodium hydroxide as a catalyst under ultrasonic cavitation conditions, at a pressure of 1 bar to 3 bar (1 to 3 atm, see page 4, lines 4-8);
receiving the solution from the reactor in a vortex multiplier tank located within the housing and continually agitating the solution in the vortex multiplier tank for between 30 minutes and 60 minutes to complete the transesterification reaction to convert the triglycerides into glycerine and biodiesel (see page 4, lines 5-11);
separating the glycerine from the biodiesel in the solution the solution and outputting the biodiesel (see page 4 line 8-13).
Scaparro does not disclose the utilization of a mobile, such that the biodiesel manufacturing plant is mobile.
However, in a related biodiesel manufacturing plant, Brasil discloses a mobile biodiesel manufacturing plant, comprising:
Mixing means (100), in which the reagents of the process, including alcohol, oil and catalyst , a transesterification reactor 102, which produces biodiesel and other products, is performed by irradiation with ultrasound (see paragraph 0042), separation means wherein product is separated by a decanter (see paragraph 0047) and storing means for collecting product, wherein the resultant biodiesel is stored in a target tank (see paragraph 0042).
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify Scaparro with the mobile plant disclosed by Brasil and arrive at the Applicant claimed invention, as having a mobile biodiesel production plant would be merely a matter of obvious engineering choice.
Claim Rejections - 35 USC § 103
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scaparro and Brasil as applied to claim 3 above, and further in view of Jackson et al (WO 2011/095786).
With respect to claim 4, the prior combination teaches the limitation of claim 3.
The prior combination does not disclose wherein the Apparatus utilizes a static mixer.
However, in a related apparatus for esterifying fatty acid, Jackson discloses the utilization of static mixers that are configured to provide a greater degree of mixing (see page 8 lines 1-10).
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify the prior combination with the static mixer in view of Jackson, as said mixer are conventional in the art.
Allowable Subject Matter
Claims 6-7, 9, 11, 13 and 16 are 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.
Conclusion
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/JUAN C VALENCIA/Examiner, Art Unit 1771
/Randy Boyer/
Primary Examiner, Art Unit 1771
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