DETAILED ACTION
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 election with traverse of Invention I in the reply filed on 06/08/2026 is acknowledged. The arguments filed have been considered but are not found persuasive because the combination of references stated below in the rejection of the claims under 35 U.S.C. 103 renders obvious the claimed invention. Thus, the same or corresponding technical feature was known in the prior art and therefore cannot make a contribution over the prior art. Since the inventions lack the same or corresponding special technical feature, then the Inventions 1-2 are not so linked as to form a single general inventive concept under PCT Rule 13.1.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention. The requirement is still deemed proper and is therefore made FINAL.
Claims 1-12 are under consideration in this Office Action.
Information Disclosure Statement(IDS)
Several of the references in the IDS dated 02/26/2024 have not considered since there are no English language translation of each of the cited foreign references.
Claim Rejections - 35 USC § 112(b) or 35 U.S.C. 112 (pre-AIA ) 2nd Paragraph
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 3, 4, 11 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 pre-AIA the applicant regards as the invention.
Each of claims 3, 4, 11 recite “preferably” which renders the clams vague and indefinite since it is uncertain if the claims are limited to the subject matter recited after “preferably”. Appropriate correction is required.
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 of this title, 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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over DE102006008026A1 (08/23/2007; English language translation, reference of record)
in view of DE202007017698 U1 (04/23/2009; English language translation, PTO 892),
US2016107946 (2016-04-21; PTO 892), CN107118946A (2017-09-01; English language translation, PTO 892).
DE102006008026A1 teaches a system and a method for processing a biological substrate using a dry fermentation process, in which, following separation of the solid fraction, the liquid fraction is subjected to a wet fermentation in a second fermenter where the method makes it possible to achieve the continuous dry fermentation of solids to produce energy-rich liquid and gaseous breakdown products (such as methane). The method is thus operated in two steps. A process temperature of 42-65°C is specified in the solid fermenter. The solid fermentation residues are removed by means of combined pressing and conveying screw, wherein the liquid pressed out remains in the fermenter. It is noted that other possibilities for removal are conceivable. The liquid is then transferred into a further fermenter (see paragraph [0043]). Further reacted, digested substrate is also fed back from this further fermenter into the first fermenter or is removed from the circuit. (see paragraph [0045]). DE102006008026A1 teaches that the removed solids can also be used for inoculation of the fermentation process, and the technical advantage of a separate treatment in a second fermenter, which can be designed especially for the breakdown of dissolved intermediate products. See entire publication and claims especially paragraphs [0001], [0003], [0007], [0010], [0012], [0015], [0017], [0021], [0039], [0043]-[0048], [0073], [0090] and [0097]. DE102006008026A1 teaches a dry fermentation with a subsequent wet fermentation.
The teachings of the reference differ from the claims in that the reference does not teach the recited method steps of the claimed method for processing biological substrate.
DE202007017698 U1 (04/23/2009; English language translation, PTO 892) teaches method and a device for processing a substrate using a first fermenter for a thick-matter fraction
of the substrate and a fermenter for the thin-matter fraction (the liquid fraction) following the separation of the substrate (see entire publication and claims especially paragraphs [0017]- [0024]). The separation device includes centrifuge and screw press. DE202007017698 U1 teaches the following in the claims:
1. Device for converting fermentation broth, a waste product of ethanol production, into biogas,
comprising: – a separation device (2) for separating the fermentation broth into a thin fraction and a thick fraction, wherein the thin fraction has a smaller dry matter content than the thick fraction; – at least two biogas reactors (3, 4), wherein the first biogas reactor (3) is configured for fermenting the thin fraction, which is hereinafter referred to as the thin fraction fermenter (3), and the second biogas reactor (4) is configured for fermenting the thick fraction, which is hereinafter referred to as the thick fraction fermenter (4); and – a storage tank (5) for collecting the biogas produced in the biogas reactors (3, 4) and the reactor effluents.
2.Device according to claim 1, characterized in that the separation device ( 2 ) comprises a decantation centrifuge or a membrane filtration unit, a drum filter and/or a drum sieve.
3.Device according to claim 1 or 2, characterized in that the thin-state fermenter ( 3 ) is a high-loadbiogas reactor.
4.Device according to one of claims 1 to 3, characterized in that the thin-state fermenter (3) has a reactor vessel and a solids separator (3.8) downstream of the reactor vessel, to which the reactor effluent of the reactor vessel is fed, wherein the solids separator (3.8) is designed such that the reactor effluent in the solids separator (3.8) is pressurized in such a way that the expulsion of gases is minimized and solids can sediment, wherein a conduit section (3.9) for returning the solids sedimented in the solids separator (3.8) to the reactor housing is provided between the solids separator (3.8) and the reactor housing.
5.Device according to claim 4, characterized in that a conduit section (3.7) is provided between the reactor housing and the solids separators (3.8) for supplying the reactor effluent to the solids separator (3.8), wherein the solids separator (3.8) is arranged lower than the connection point of the conduit section (3.7) on the reactor housing, so that a hydrostatic pressure is formed in the conduit section (3.7) which acts on the reactor effluent in the solids separator (3.8).
6.Device according to one of claims 1 to 5, characterized in that the thin-state fermenter ( 3 ) has
separation elements ( 3.1 ) which define superimposed, downwardly open gas collection chambers (3 ,4 ) inside the thin-state fermenter ( 3 ), wherein the separation elements each have an overflow edge through which volume-controlled biogas can flow into a reactor zone above the separation element in such a way that a defined circulation flow can be set in this reactor zone.
7.Device according to one of claims 1 to 6, characterized in that the thickening fermenter ( 4 ) has a hydraulic circulation, a stirrer ( 4.1 ) and/or a gas circulation.
8. Device according to one of claims 1 to 7, characterized in that a storage tank (12) for the thick fraction is provided between the separation device (2) and the thick matter fermenter (4).
9.Device according to one of claims 1 to 8, characterized in that a storage tank (11) for the thin fraction is provided between the separation device (2) and the thin fraction fermenter (4).
10.Device according to one of claims 1 to 7, characterized in that the thin-state fermenter ( 3 ) and the thick-state fermenter ( 4 ) have outlets that open into the storage tank ( 5 ), wherein the reactor outlets ( 9.7 , 9.16 ) from the thin-state fermenter ( 3 ) and the thick-state fermenter ( 4 ) are mixed in the storage tank.
11. Device for converting fermentation broth, a waste product of ethanol production in a bioethanol plant (1), into biogas, in particular according to one of claims 1 to 10, comprising: – a biogas reactor (3, 4) for fermenting the fermentation broth, – a storage tank (5) for collecting the biogas produced in the biogas reactor and the reactor effluents, – a separation unit (6) designed as a nitrogen sink to provide nitrogen poor or nitrogen-free process water from the reactor effluent, and – a return flow (7) from the separation unit (6) to the reactor (3, 4) and/or to the bioethanol plant (1) to return the clean process water to dilute the reactor contents in the biogas reactor (3, 4).
12.Device according to one of claims 1 to 11, characterized in that the storage tank ( 5 ) has a headspace which is designed as a gas storage tank.
13.Device according to one of claims 1 to 12, characterized in that the device has a fermentation residue separation device ( 16 ) for separating gaseous nitrogen-containing compounds from the reactor effluents.
14.Device according to one of claims 1 to 13, characterized in that the fermentation residue separation device is a decanter centrifuge or a screw press.
US2016107946 teaches a method of producing a liquid fertilizing agent and a biogas plant for performing the method where a percolate must be sanitized in order for the percolate to be applied to fields as liquid fertilizer (see entire publication and claims especially paragraphs [0007]- [0011]). US2016107946 teaches the following in the claims:
13. A method for producing liquid fertilizer, comprising:
fermenting biomass in a fermenter using dry fermentation, wherein the fermenting generates percolate;
circulating the percolate between the fermenter and a percolate tank;
transferring a first portion of the percolate from the percolate tank into a sanitation tank;
sanitizing the percolate contained in the sanitation tank using a thermophilic fermentation reaction at a Celsius temperature between 45° and 65° for a period of at least five days; and
draining the sanitized percolate as the liquid fertilizer from the sanitation tank.
14. The method of claim 13, further comprising:
transferring a second portion of the percolate from the percolate tank into the sanitation tank after the draining of the sanitized percolate from the sanitation tank.
15. The method of claim 13, wherein the first portion of the percolate is transferred from the percolate tank into the sanitation tank when a fill level sensor indicates that the sanitation tank is empty.
16. The method of claim 13, wherein the first portion of the percolate is transferred from the percolate tank into the sanitation tank when a fill level sensor indicates that the percolate tank is full.
17. The method of claim 13, wherein the sanitized percolate is drained from the sanitation tank into a storage tank.
18. The method of claim 17, wherein the first portion of the percolate is transferred from the percolate tank into the sanitation tank when a fill level sensor indicates that the storage tank has been drained.
19. The method of claim 13, wherein the first portion of the percolate passes through a valve from the percolate tank into the sanitation tank, and wherein the valve is closed during the sanitizing.
27. A method comprising:
generating methane by fermenting biomass in a fermenter, wherein the fermenting generates a percolate;
transferring the percolate from the fermenter to a percolate tank;
returning the percolate from the percolate tank to the fermenter and sprinkling the percolate over the biomass;
transferring a first portion of the percolate from the percolate tank into a sanitation tank;
heating the percolate contained in the sanitation tank to a Celsius temperature between 45° and 65° for a period of at least five days; and
draining the percolate from the sanitation tank.
28. The method of claim 27, wherein the sanitation tank is arranged concentrically inside the percolate tank.
29. The method of claim 28, wherein the heating of the percolate contained in the sanitation tank is performed using heat generated from a thermophilic fermentation reaction occurring in the percolate tank.
30. The method of claim 27, further comprising:
transferring a second portion of the percolate from the percolate tank into the sanitation tank after the draining the percolate from the sanitation tank.
31. The method of claim 27, wherein the first portion of the percolate is transferred from the percolate tank into the sanitation tank when a fill level sensor indicates that the sanitation tank is empty.
32. The method of claim 27, wherein the first portion of the percolate passes through a valve from the percolate tank into the sanitation tank, and wherein the valve is closed during the period of at least five days when the percolate contained in the sanitation tank is heated to the Celsius temperature between 45° and 65°.
CN107118946A teaches a dry-wet coupled marsh gas generator and an operating method thereof. The dry-wet coupled marsh gas generator comprises a solid fermentation bin and a liquid fermentation tank, wherein a percolation net is arranged in the solid fermentation bin; a percolate circulating device is arranged on the solid fermentation bin; the percolate circulating device comprises a percolate pipe arranged at the bottom of the bin and spraying devices arranged at the top of the bin; the percolate pipe is connected with the spraying devices; a fermentation liquid circulating device is arranged on the liquid fermentation tank; the fermentation liquid circulating device comprises a fermentation liquid pipe and a liquid distribution device; the fermentation liquid pipe is connected with the liquid distribution device, the spraying devices and the percolate pipe; marsh gas collection pipes are arranged at the top of the solid fermentation bin and the top of the liquid fermentation tank; heating devices are respectively arranged at the bottom ends of the solid fermentation bin and the liquid fermentation tank. See entire publication and claims especially claims 1-8, paragraphs [0006]- [0028]), and Example.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and/or combine the reference teachings to make the claimed invention by combining the methods steps and devices taught by each of DE202007017698 U1, US2016107946, and CN107118946A into the method of DE102006008026A1. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this in order to obtain simple and efficient method for processing biological substrates including organic waste or manure to methane. In view of the above reference teachings it would have been obvious to use any of the recited devices and/or apparatus and adjust the process steps, temperatures and times as routine optimization and/or desired for optimal processing biological substrates. One of ordinary skill in the art at the time the invention was made would have a reasonable expectation of success because methods for processing biological substrates are known in the art as shown by the above reference teachings. Hence, the claimed invention as a whole is prima facie obvious.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christian L Fronda whose telephone number is (571)272 0929. The examiner can normally be reached Monday-Thursday and alternate Fridays between 9:00AM-5:00PM.
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, Robert Mondesi can be reached on (408)918-7584. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTIAN L FRONDA/Primary Examiner, Art Unit 1652
Prosecution Insights