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 .
Election/Restrictions
Applicant's election with traverse of Invention 1 (claims 1-5, and 7-13) and Invention III (claims 14-10) in the reply filed on 07/07/2026 is acknowledged.
Due to Applicant’s amendment to claim 14, the restriction between Invention I and Invention III is withdrawn.
Claim 6 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/07/2026.
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.
Claim 3 is 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 3 recites “the first chamber of the vessel”; however, “the vessel” lacks sufficient antecedent basis in claims 1 and 2. It is therefore unclear what vessel is being referenced.
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 non-obviousness.
Claims 1, 4, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao at al CN 108728336 A, November 01, 2018 (hereinafter “Qiao”), in view of Wadewitz U.S. Pub. No. 20060107714 A1, May 25, 2006 (hereinafter “Wadewitz”).
Regarding claim 1, Qiao discloses an apparatus for capturing ammonia released from decomposing biomass material, comprising a first chamber in the form of an acid absorption tank (22) arranged to contain an aqueous phosphoric acid or sulfuric acid solution, and a second chamber in the form of a hydrolysis tank (21) arranged to receive organic biomass material, including animal manure, for microbial decomposition (paragraphs 0012-0013, and 0072–0073; Fig. 1). Qiao discloses that the first and second chambers are in gas communication through a gas inlet conduit (17) and a gas return conduit (16). Specifically, a gas circulation pump (18) transfers ammonia-containing gas from hydrolysis tank (21) into the aqueous solution in absorption tank (22), and the treated gas returns to hydrolysis tank (21) through conduit (16), thereby permitting transmission of gaseous material between the chambers (paragraphs 0012–0013, 0027, and 0072–0074; Fig. 1; claim 1). However, Qiao fails to disclose that the first and second chambers collectively define an enclosed space from which gas and air cannot escape.
Wadewitz discloses a substantially sealed biomass-composting apparatus having a closed gas-recirculation system wherein air and gaseous decomposition products are retained within the composting container and associated conduits without substantial admission of outside air or escape of recirculating gases (paragraphs 0018, 0021, 0029, and 0039–0040; Fig. 1).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure the communicating hydrolysis tank (21) and aqueous absorption tank (22) of Qiao according to the substantially sealed gas-recirculation arrangement taught by Wadewitz, thereby maintaining an enclosed gas-circulation path between the biomass-containing and water-containing chambers while reducing atmospheric release of ammonia and other decomposition-generated gases. Such a modification would improve gas containment and odor control while preserving the ammonia-absorption function of Qiao.
Regarding claim 4, Qiao fails to disclose that the first chamber and the second chamber are located within a common vessel and are separated from one another by a partition. However, Wadewitz discloses a common composting vessel (1) having an upper chamber containing biomass material and a lower liquid-containing sump (4), separated by a partition comprising a raised floor (6), wherein the floor supports the biomass above the liquid-containing chamber (paragraphs 0015–0017 and 0036–0038, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to arrange the aqueous absorption chamber and biomass-containing chamber of Qiao within a common vessel separated by a partition, as taught by Wadewitz, while maintaining gas communication between the chambers, to provide a compact arrangement for processing biomass and treating decomposition-generated gases within a substantially sealed enclosure.
Regarding claim 9, Qiao discloses a gas circulation pump (18) arranged to circulate gaseous decomposition products between the biomass-containing hydrolysis tank (21) and the aqueous absorption tank (22). Gas is conveyed through gas inlet conduit (17) into the absorption tank (22), and the treated gas is returned through gas return conduit (16) to the hydrolysis tank (21), thereby establishing a recirculating gas flow between the chambers (paragraphs 0017–0019 and 0066–0069, Fig. 1). Wadewitz further teaches a blower (13) arranged to recirculate air and gaseous decomposition products within a substantially sealed composting apparatus through extraction conduit (12) and return conduit (16), thereby maintaining circulation within the enclosed system (paragraphs 0018, 0029, and 0039–0040; Fig. 1).
Claims 2, 3 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao and Wadewitz, as applied to claim 1, in further view of Han et al., CN 217795436 U, November 15, 2022 (hereinafter “Han”).
Regarding claim 2, Qiao fails to disclose an outlet valve in communication with a bottom of the first chamber so as to be arranged to controllably discharge the water from the first chamber therethrough while the gas and the air remains trapped within the enclosed space. However, Han discloses an ammonia-absorption tank (13) containing aqueous absorption liquid and having a lower liquid-discharge pipe (19) provided with a controllable discharge valve (9) for selectively removing liquid from the tank (claims 1–4, Fig. 1, paragraph 0035).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the lower portion of the aqueous absorption tank (22) of Qiao with the controllable liquid-discharge valve taught by Han to permit selective removal of spent absorption liquid without opening the gas-containing chamber, thereby facilitating liquid replacement and maintenance while preserving the substantially sealed gas-recirculation arrangement taught by Wadewitz.
Regarding claim 3, Han discloses an ammonia absorption tank (13) containing an aqueous absorption liquid, an acid-liquid supply system comprising an acid-liquid tank (1), pump (2), mixer (3), and spray device (4) for introducing liquid into an upper portion of the absorption tank, and a lower liquid-discharge arrangement comprising discharge pipe (19) and discharge valve (9) (claims 1, 2, and 5, Fig. 1, and paragraph 0039). Although Han does not expressly disclose a valve positioned directly at the upper liquid inlet, it teaches controlled liquid supply and discharge at vertically spaced locations. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a controllable inlet valve along the liquid-supply line above the lower outlet valve of the modified absorption tank (22) of Qiao, to selectively introduce replenishment liquid without opening the tank, thereby facilitating liquid replacement while maintaining the substantially sealed gas-recirculation arrangement taught by Wadewitz.
Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao and Wadewitz, as applied to claim 4, in further view of Hofstede et al., U.S. Pub. No. 20160332927 A1, January 01, 2002 (hereinafter “Hofstede”).
Regarding claim 5, Wadewitz discloses a composting vessel having a partition comprising a raised floor (6) spaced above the bottom of the vessel, defining a lower liquid-containing sump (4) and an upper biomass-containing chamber. The floor supports the biomass material and includes openings permitting liquid passage into the lower chamber (Wadewitz, paragraphs 0015–0017 and 0036–0038, Fig. 1, claims 2–4). However, Wadewitz fails to disclose the partition as a screened member permitting air communication therethrough between the chambers.
Hofstede discloses a composting system comprising a biomass-holding area (14), a lower chamber (22), and a permeable base (20) separating the chambers. The permeable base includes mesh portions arranged to support the compostable material while permitting airflow from the lower chamber into the biomass-containing region (paragraphs 0059-0060, Fig. 1, claims 7–9).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the raised floor (6) of Wadewitz, incorporated into the combined apparatus of Qiao and Wadewitz, to include the mesh support taught by Hofstede, thereby supporting the biomass above the lower liquid-containing chamber while permitting gas and air communication through the partition to facilitate gas distribution and biomass decomposition.
Claims 7 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao and Wadewitz, as applied to claim 1, in further view of Scott-Harden et al., GB 2446014 A, July 30, 2008 (hereinafter “Scott-Harden”).
Regarding claim 7, Wadewitz discloses a biomass-containing composting vessel (1) having an upper opening and a movable lid (3) for selectively opening and closing the vessel, wherein the lid seals the vessel from the external atmosphere during composting (paragraphs 0021, 0024, and 0036; Fig. 1). However, the combined teachings of Qiao and Wadewitz do not disclose a lock for selectively securing the lid in its closed position.
Scott-Harden discloses a waste container having a movable lid and a selectively operable locking mechanism comprising a lid pin, toggle plate, pendulum plate, and key-operated locking device, wherein the mechanism secures the lid in a closed position and permits selective unlocking to provide access to the container (Col. 4; Figs. 1A–1B, 2, and 3A–3B; claims 3–4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the lid (3) of Wadewitz, as incorporated into the combined apparatus, with the locking mechanism taught by Scott-Harden to prevent unintended or unauthorized opening of the biomass-containing chamber, thereby improving operational safety and maintaining the vessel in its closed position during biomass decomposition.
Claims 8 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao and Wadewitz, as applied to claim 1, in further view of Keith et al., U.S. Pub. No. 2010/0064890 A1, March 18, 2010 (hereinafter “Keith”).
Regarding claim 8, Qiao discloses an aqueous absorption tank (22) containing phosphoric acid or sulfuric acid solution for absorbing ammonia generated during biomass decomposition (paragraphs 0017–0019 and 0066–0069; Fig. 1). However, Qiao and Wadewitz fails to disclose the water within the first chamber being enriched with hydroxides.
Keith discloses a carbon dioxide capture system employing an aqueous hydroxide-containing absorbent, including sodium hydroxide, to chemically absorb carbon dioxide from a gas stream. Keith further discloses collecting and recirculating the aqueous absorbent through a gas-liquid contactor (paragraph 0059; Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ the hydroxide-enriched aqueous absorbent taught by Keith in the absorption tank (22) of the combined Qiao and Wadewitz apparatus to additionally capture carbon dioxide generated during biomass decomposition, thereby increasing the range of gaseous decomposition products removable by the aqueous treatment system.
Claims 10, 11, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao and Wadewitz, as applied to claim 1, in further view of Posselius et al., U.S. Pub. No. 6001641 A, December 14, 1999 (hereinafter “Posselius”).
Regarding claim 10, Qiao fails to disclose a temperature sensor arranged to measure a temperature value representative of a temperature of the biomass material in the second chamber of the enclosed space. However, Posselius discloses a composting vessel (11) having digesting compartments (33) containing decomposing organic material and temperature sensors (62) positioned to measure the temperature of the composting material within the respective compartments. The measured temperature values are transmitted to a microprocessor (75) for monitoring and controlling the composting process (Figs. 10 and 13–15, column 7, lines 40-55).
It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the temperature sensor taught by Posselius into the biomass-containing hydrolysis tank (21) of the combined Qiao and Wadewitz apparatus to monitor the temperature of the decomposing biomass, thereby facilitating evaluation and control of microbial activity and maintaining suitable operating conditions for efficient biomass decomposition.
Regarding claim 11, Qiao fails to disclose a carbon dioxide sensor arranged to measure a carbon dioxide value representative of a carbon dioxide concentration level within the enclosed space. However, Posselius discloses a carbon dioxide gas sensor (69) connected to a gas sampling port (67) for measuring carbon dioxide levels in the airflow through a biomass-composting vessel (11), with the measured values supplied to a microprocessor (75) for monitoring composting conditions (col. 8, lines 18-40; Fig. 10; claims 1 and 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the carbon dioxide sensor taught by Posselius into the gas-recirculation circuit of the combined Qiao and Wadewitz apparatus to measure carbon dioxide concentration in the enclosed gaseous atmosphere, thereby permitting monitoring of carbon dioxide accumulation and facilitating control of biomass decomposition and gas-treatment conditions.
Regarding claim 13, Qiao fails to disclose a controller arranged to (i) monitor a value measure by a sensor, (ii) compare the monitored value to a threshold range, and (iii) generate an alert responsive to the monitored value falling within the threshold range. Posselius discloses temperature sensors (62, 63), ammonia and carbon dioxide sensors (68, 69), and a microprocessor (75) configured to receive sensor measurements and compare the measured values with predetermined acceptable ranges. When a measured value falls outside its corresponding range, the microprocessor identifies the abnormal operating condition and may provide an indication or initiate a telephone notification to an operator (col. 8, lines 18-40; Fig. 10, Figs. 13–15, claims 1 and 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the sensor-monitoring and alert-generating controller taught by Posselius into the combined apparatus of Qiao and Wadewitz to compare measured operating parameters with predetermined thresholds and alert an operator when a parameter deviates from its acceptable range, thereby facilitating timely corrective action and improved monitoring of biomass decomposition and gas-treatment conditions.
Claims 12 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao and Wadewitz, as applied to claim 1, in further view of Musow et al., U.S. Pub. No. 5757660 A, May 26, 1998 (hereinafter “Musow”).
Regarding claim 12, Qiao fails to disclose a water conductivity sensor arranged to measure a conductivity value representative of an electrical conductivity of the water in the first chamber of the enclosed space. However, Musow discloses a wet gas-scrubbing system comprising conductivity sensors C1 (41) and C2 (47), arranged to measure the electrical conductivity of aqueous return and feed scrubbing solutions, respectively, to monitor scrubbing-agent concentration and dissolved salt accumulation (col. 4, lines 36-46; Figs. 4–5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the conductivity sensor taught by Musow into the aqueous absorption tank (22) of the combined Qiao and Wadewitz apparatus to measure the conductivity of the absorption liquid, thereby monitoring changes in dissolved constituents and assessing absorbent condition during gas treatment.
Claims 14, 15, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao and Wadewitz, as applied to claim 1, in further view of Jiang et al. U.S. Pub. No. 2009/0206028 A1, August 20, 2009 (hereinafter “Jiang”), in further view of Burke U.S. Pub. No. 7811455 B2, October 12, 2010 (hereinafter “Burke”).
Regarding claim 14, Qiao and Wadewitz fails to disclose hydroxide-enriched water for absorbing carbon dioxide generated during biomass decomposition. However, Jiang discloses decomposing animal waste in an anaerobic digester to generate biogas containing carbon dioxide, increasing the pH of aqueous digester effluent, and contacting the biogas with the high-pH effluent in a pH-readjustment stage (36), wherein carbon dioxide is absorbed into the aqueous liquid, thereby reducing the carbon dioxide content of the biogas (Jiang, paragraphs 0014–0015, 0024–0025, and 0028, Figs. 1 and 5).
Burke further discloses increasing the pH of aqueous digester effluent using hydroxide-containing reagents, including sodium hydroxide, potassium hydroxide, magnesium hydroxide, and calcium hydroxide, and teaches alkaline gas scrubbing for removing carbon dioxide from biogas (col. 8, lines 40-55; claims 7–8, and Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the liquid-containing chamber of Qiao and Wadewitz with the aqueous carbon dioxide absorption treatment taught by Jiang and enrich the water with hydroxides as taught by Burke, in order to enhance carbon dioxide absorption from gases released during biomass decomposition. Hydroxide reacts with dissolved carbon dioxide to form bicarbonate and carbonate species, thereby reducing the concentration of dissolved molecular carbon dioxide and maintaining a driving force for further absorption when the dissolved carbon dioxide concentration is below equilibrium with the carbon dioxide in the enclosed gaseous atmosphere.
Regarding claim 15, Qiao and Wadewitz fails to disclose that after the water absorbs some of the carbon dioxide in the air, discharging the water from the enclosed vessel as fertilizer onto a plant growing medium. However, Jiang discloses contacting high-pH aqueous effluent with carbon dioxide-containing biogas in a pH-readjustment stage (36), whereby carbon dioxide is absorbed into the effluent, lowering its pH. Jiang further discloses that the resulting treated effluent may be stored and subsequently applied to agricultural land as fertilizer (paragraph 0014–0015, 0028, Figs. 1 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to discharge the carbon dioxide-containing aqueous liquid from the modified Qiao-Wadewitz apparatus, following absorption of carbon dioxide as taught by Jiang and Burke, and apply the treated liquid to a plant-growing medium as fertilizer, thereby recovering beneficial use from the treated biomass-derived liquid while reducing waste disposal requirements.
Regarding claim 19, Wadewitz discloses decomposing organic biomass material within a substantially sealed composting apparatus (paragraphs 0019–0021 and 0028–0029, Figs. 1–2). Jiang discloses processing animal manure in an anaerobic digester to generate biogas containing carbon dioxide, wherein the generated biogas is subsequently contacted with aqueous effluent to absorb carbon dioxide (paragraphs 0002–0004, 0014–0015, and 0024–0028, Figs. 1 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use animal manure as the biomass material in the modified Qiao-Wadewitz apparatus because Jiang teaches manure as a suitable organic feedstock for microbial decomposition and generation of carbon dioxide-containing biogas, thereby providing a known source of biomass for the disclosed gas-capture process.
Claims 16, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao, Wadewitz, Jiang and Burke, as applied to claim 14 above, in further view of Kakuk et al. U.S. Pub. No. 5432088 A, July 11, 1995 (hereinafter “Kakuk”).
Regarding claim 16, Qiao fails to disclose that the biomass material includes grass clippings from a lawn. However, Kakuk discloses aerobic composting of organic materials, including lawn and garden waste comprising grass clippings, leaves, and twigs (col. 4, lines 27-35). It would have been obvious to one of ordinary skill in the art before the effective filing date to use grass clippings as the biomass material in the modified Wadewitz apparatus because Kakuk identifies grass clippings as a suitable biodegradable feedstock for microbial decomposition, thereby enabling the treatment of readily available lawn waste using a known composting process.
Regarding claim 17, Qiao fails to disclose that the biomass material includes garden waste. However, Kakuk discloses aerobic composting of organic materials, including lawn and garden waste comprising grass clippings, leaves, and twigs (col. 4, lines 27-35). It would have been obvious to one of ordinary skill in the art before the effective filing date to use grass clippings as the biomass material in the modified Wadewitz apparatus because Kakuk identifies garden waste as a suitable biodegradable feedstock for microbial decomposition, thereby enabling the treatment of readily available lawn waste using a known composting process.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Qiao, Wadewitz, Jiang and Burke, as applied to claim 14 above, in further view of An et al. CN 102408259 A, April 11, 2012 (hereinafter “An”).
Qiao fails to disclose that the biomass material includes crop residue. However, An discloses composting agricultural crop waste, including crop residues such as straw, together with kitchen waste. Specifically, crop waste is supplied from an agricultural waste storage device (12), mixed with kitchen waste, and introduced into a composting reaction vessel (8) for microbial decomposition (Fig. 1, claim 2, Description, paragraphs 0006, 0013). It would have been obvious to one of ordinary skill in the art before the effective filing date to use crop residues as the biomass material in the modified Qiao-Wadewitz apparatus because An teaches that such agricultural residues are suitable composting feedstocks and can improve the carbon-to-nitrogen ratio and aeration of the composting mixture, thereby facilitating microbial decomposition and beneficial utilization of agricultural waste.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Qiao, Wadewitz, Jiang and Burke, as applied to claim 14 above, in further view of McNelly U.S. Pub. No. 6627434 B1, September 30, 2003 (hereinafter “McNelly”).
Regarding claim 20, the combination of Qiao, Wadewitz, Jiang, and Burke fails to disclose adding microbes to the biomass material to enhance decomposition of the biomass. However, McNelly discloses adding a microbial inoculant (604) to compostable source material (602), wherein the inoculant comprises active microorganisms or spores, including cultured microorganisms or previously composted material containing microbial cultures. McNelly teaches that inoculation accelerates composting and promotes decomposition of organic material (col. 10, lines 5-30; Fig. 6). It would have been obvious to one of ordinary skill in the art before the effective filing date to introduce the microbial inoculant taught by McNelly into the biomass processed in the modified Wadewitz apparatus to increase microbial activity and accelerate decomposition, thereby improving composting efficiency and reducing the time required to process the biomass.
Conclusion
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/M.N.E./Examiner, Art Unit 1776
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
