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 .
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In independent claim 1, in part c. “at least partially fully grown sugar beets” is contradictory (are the harvested sugar beets partially grown or are they fully grown?); in part e. “which is recycled in the second step” is grammatically confusing (“is recycled to the second step” is suggested). Also, the absence of “and” before “step d” makes the claim ambiguous as to whether or not step d. is the last in the series of recited method steps.
In claim 2, the absence of “and” before substep “ d” makes the claim ambiguous as to whether or not substep d. is the last in the series of recited method substeps.
In each of claims 3 and 4 “suppling” is non-idiomatic (“supplying” is suggested).
In claim 5 “crystalized” is non-idiomatic (“crystallizing” is suggested).
In claim 6, the claim is ambiguous as to whether “a washing procedure” is comprised in the preceding zeroth sub step of the harvested sugar beets being “washed with water”.
In claim 8, “inside the housing” lacks antecedent basis, since the preceding portion of the claim recites method steps performed in a housing being an alternative to the method steps performed in an artificial environment for vertical farming.
In independent claim 9, it is unclear whether “processing grown sugar beets” further defines or introduces one or more system features of the cultivation of the sugar beets or of the processing of sugar beets previously recited in the claim; and it is unclear whether “comprises a return flow of recovered water…” defines a positively recited structural feature of the system” {need claim interpretation reference to follow}
In claim 16, “the strips” lacks antecedent basis (this can be corrected by making the claim dependent on claim 15).
In claim 17, “the extractor unit” lacks antecedent basis (this term is recited in claim 16, rather than from claim 9 from which the claim depends); and “the watering unit” also lacks antecedent basis (this term is recited in claim 10, rather than claim 9 from which the claim depends).
In claim 18, “the crude juice extraction” lacks antecedent basis and “the watering unit” also lacks antecedent basis (this term is recited in claim 10, rather than claim 9 from which the claim depends).
In claim 19, recitations of “the purified juice extraction” lacks antecedent basis and “the watering unit” also lacks antecedent basis (this term is recited in claim 10, rather than claim 9 from which the claim depends).
In claim 20, recitations of “the harvested sugar beets” lacks antecedent basis and “the watering unit” also lacks antecedent basis (this term is recited in claim 10, rather than claim 9 from which the claim depends).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “cutting unit for cutting the sugar beets into strips” in claim 15, “extractor unit for extracting sugar content from the strips into a crude juice extraction” in claim 16, and “washing unit for washing the harvested sugar beets with water” in claim 20.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f).
The terminology “cutting unit for cutting the sugar beets into strips” in claim 15 is interpreted to mean “a slicer” or structural equivalent to a slicer in view of description of page 10, 4th full paragraph of the Specification, “extractor unit for extracting sugar content from the strips into a crude juice extraction” in claim 16 is interpreted to mean an extractor which diffuses strips of beets by countercurrent exchange or structural equivalent to such extractor in view of description of page 10, 5th full paragraph of the Specification, and “washing unit for washing the harvested sugar beets with water” in claim 20 is interpreted to mean any washer operable to “wash down soil and further pollution from grown sugar beets” or to mean the structural equivalent to such washer in view of description of page 10, 3rd paragraph of the Specification.
Independent claims 1 and 47 as well as the dependent claims recite structural limitation(s) followed by the manner to operate said limitation with corresponding functional language. “it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. See Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App & Inter. 1987) that states 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.”
The following claim interpretations are herein presented to clarify on the record the limitation(s) recited in each of the noted claims:
Independent claim 9 recites:
“a cultivation area for cultivation of sugar beets” , such recitation interpreted as an area operable to cultivate or “grow” any food or animal crop from seeds or seedlings, “cultivation of the sugar beets” reciting functional intended use of a cultivation area ,
also recites “a sugar production plant for processing grown sugar beets to extract sugar”, “processing grown sugar beets to extract sugar” reciting functional intended use of a cultivation area, thus such recitation interpreted as any industrial facility or production plant having one or more structural units, and thus operable for producing any one or more commercially useful food product from plant raw material, and
further recites “a return flow of recovered water from the sugar production plant to the cultivation area”, ‘returning of a flow of recovered water from the plant to the cultivation area reciting functionality of the overall system for returning recovered water, i.e. recycling water, thus interpreted as any one or more conduits or other structural features operable for such return flow of water.
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 1-7, 9-11 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over the Escapenet machine translation of Wang patent publication CN 108586036 (Wang) in view of the Zver et al Non-Patent Literature publication “Water minimization in process industries: case study in beet sugar plant” (Zver) and Davy et al PGPUBS Document US 2020/0369547 (Davy).
Referenced paragraph numbers of the Descriptions of both the applied PGPUBS Document and the Escapenet translation are identified with “[ ]” symbols, in the Escapenet translation, the “[ ]” symbols referring to the respective paragraphs immediately above or preceding the symbols.
For claim 1 , Wang discloses a method for cultivation and processing of sugar beets [0003 and 0009] comprising the following steps:
a. providing the sugar beets and/or sugar beet seedlings in a first step [0011 re planting sugar beets];
b. supplying the sugar beets and/or the sugar beet seedlings with a nutrient solution during growth in a second step [0012-0019 and 0021 re applying fertilizer which includes nutrients in the form of aqueous solutions to soil in areas utilized for growing sugar beets in a growth period];
c. harvesting at least partially fully grown sugar beets in a third step [0009 and 0020 re field management and harvesting]; and,
d. processing the harvested sugar beets in production units in order to extract sugar from the sugar beets in a fourth step [0009 and 0023 re shredding, obtaining juice, clarifying, filtering and concentrating the juice, followed by evaporation and crystallization to make sugar from the juice obtained from the beets] .
Claim 1, and claims dependent therefrom, all differ by requiring that fourth step d. to processing the harvested sugar beets is conducted in a sugar production plant.
Zver teaches a facility for extracting and producing sugar and other commercially valuable end products from harvested or otherwise provided sugar beets, the facility characterized as an industrial facility, i.e. “plant” (Section 3.1 Regarding “Water minimization in a sugar plant for processing beet sugar plants);
and which includes stages for separating the beets from other accompanying agricultural impurities, slicing and washing the beets, extraction of sugar from the beets, and producing juice from the extracted sugar by steps of adding lime and carbon dioxide, filtration, evaporation and condensation concentration, and crystallization (Page 136 re Section 3.1 re stages for performing such process steps, Figure 2 and Page 137, re details of such steps being conducted in stations and other process units).
Zver teaches that such facility or “plant” results in production of large, commercial quantities of sugars, as well as byproducts including animal feed, alcohol and molasses, having a high commercial value (Page 137, re production of these products).
Hence, it would have been obvious to one of ordinary skill in art of processing sugar beets to produce sugar and other products, to have performed and scaled-up the Wang method, by conducting the fourth step d. of processing the harvested sugar beets in a sugar production plant, as taught by Zver, in order to produce large, commercial quantities of sugars, as well as of byproducts including animal feed, alcohol and molasses, having a higher commercial value.
Claim 1, and claims dependent therefrom, also differ by requiring a step e.) wherein the nutrient solution used in the second step is at least partially obtained by recovering water in the fourth step which is recycled in the second step.
It is noted that Wang utilizes water or aqueous solutions in a plurality of substeps of producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants [0012-0019 and 0021 re applying fertilizer which includes nutrients in the form of aqueous solutions to soil in areas utilized for growing sugar beets in a growth period].
Zver also teaches capturing and recovering or collecting process water in multiple steps of processing the beets into sugar and other products, purifying such recovered or collected water, and recycling such purified, collected process water for use in various process steps conducted at the plant’s processing stations (Section 3.2, page 139 re discharge and recycling of process water from various ones of the processing stages or stations and Section 3.3.2 re proposed recovery of condensate from an evaporation stage for reuse, and Section 4 re reuse and recycling of a plurality of wastewater streams so as to provide approximately 69% of all consumed water) .
Zver teaches that such purifying, collecting and recycling of such purified, collected process water, results in large savings and in substantial water and material conservation and minimizes amount of resources otherwise necessary to dispose of such water (Section 4, page 144 “Discussion and conclusions” regarding reduced operational expenses, water minimization and savings).
Davy teaches water treatment systems and methods, which include recovery, collection, purification and recycling of process water from agricultural facilities including food washing and processing facilities [0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water], i.e. suggesting recycling such process water for producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants.
Hence, it would have been further obvious to one of ordinary skill in art of processing sugar beets to produce sugar and other products, to have further modified the Wang method, by at least partially producing the nutrient solution used in the second step from recovering water from process steps or stations utilized in the fourth step, and purifying and recycling such water in the producing of the nutrient solution in the second step, as cumulatively taught by Zver and Davy, in order to realize large savings from achieved substantial water and material conservation from such use of process water, while minimizing amount of resources otherwise necessary to dispose of such water.
For claim 2, Wang further discloses wherein the fourth step comprises the following sub steps: a. cutting the harvested sugar beets into strips in a cutting unit in a first sub step; b. extracting sugar content from the strips into a crude juice extraction in an extractor or diffusion unit in a second sub step; c. purifying the crude juice extraction gained from the extractor in a juice purification unit in a third sub step; and, d. crystalizing and evaporating purified juice extraction gained from the juice purification unit in a crystallization unit in a fourth sub step (all disclosed at [0009 and 0023 re shredding, obtaining juice, clarifying, filtering and concentrating the juice, followed by evaporation and crystallization to make sugar from the juice obtained from the beets].
Claim 2 and claims dependent therefrom additionally differ by requiring such fourth step, sub-steps being conducted in respective units .
Zver teaches the process steps of cutting, extracting, purifying of extracted juice, crystallizing and evaporation being conducted in separate station units (Section 3.1, page 137 re these steps being conducted in separate pieces of equipment and stations and Section 3.2, page 139 re discharge and recycling of process water from various ones of the processing stages or stations).
Zver suggests that such organization results in both efficient collection and controlled utilization of process water and efficient separation of the different components of the harvested sugar beet material (Section 3.1 regarding obtaining separation and recovery of enriched products) .
It would have also been obvious to have performed the substeps of the fourth step disclosed by Wang, in such separate station units, as further taught by Zver, to result in efficient collection and controlled utilization of process water and efficient separation of the different components of the harvested sugar beet material.
Claim 3 further differs by requiring wherein the strips exhausted in the second sub step of the fourth step are squeezed in a press in a fifth sub step.
Zver teaches such fifth substep at (Figure 2 re “Pressing, drying”), teaching that such substep enables production of fertilizer or animal feed byproduct in the form of readily handled or packaged pellets (Section 3.1, page 137 re the presses obtaining pellets of the sugar with most sugar removed for “high quality animal feed”).
It would have been also obvious to have employed such fifth substep in the Wang method, to have obtained a fertilizer or animal feed byproduct in the form of readily handled or packaged pellets.
Claim 3 also differs by requiring wherein the water is recovered from the strips in the fifth sub step and at least partially recycled by suppling it to the sugar beets and/or the sugar beet seedlings in the second step. Zver suggests such fifth step as requiring and generating volumes of process water which is recycled as process water (Figure 2 re symbols and Sections 3.2 and 4 regarding recycling of wastewater, generally) and .
Davy teaches that process water, generally, recovered from agricultural process facilities can be employed in the cultivation of agricultural crops which are subsequently processed [0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water].
Thus, it would have also been obvious in view of the cumulative teachings of Zver and Davy to have also recovered water from such fifth sub-step, and recycled it to the sugar beets and/or the sugar beet seedlings in the second step, to achieve additional water and material conservation and further reduced amount of resources otherwise necessary to dispose of such water.
Claim 4 further differs by requiring wherein the crude juice extraction is thickened in an evaporation step in an evaporation unit of the juice purification unit in the third sub step, wherein the water is recovered from.
Zver teaches such substep at (Figure 2), teaching that such substep enables production of thickened juice which can readily be manufactured and separated into crystallized sugar and molasses in a crystallizer (also see page 137, 2nd paragraph regarding such process steps).
It would have been also obvious to have employed such fifth substep in the Wang method, to have obtained commercially valuable crystallized sugar and molasses byproduct which can be readily separated in a crystallizer.
Claim 4 also differs by requiring wherein the water is recovered from an exhaust steam by condensation in the third sub step and at least partially recycled by suppling it to the sugar beets and/or the sugar beet seedlings in the second step.
Zver teaches such step as generating volumes of process water both as condensate from the evaporation and as process water from the crystallization (figure 2 and Section 3.2 re water circuits or streams for recycling and Section 4 regarding reuse of steam condensate).
Davy teaches that process water, generally, recovered from agricultural process facilities can be employed in the cultivation of agricultural crops which are subsequently processed ([0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water]).
Thus, it would have also been obvious in view of the cumulative teachings of Zver and Davy to have also recovered water from such sub-step, and recycled it to the sugar beets and/or the sugar beet seedlings in the second step, to achieve additional water and material conservation and further reduced amount of resources otherwise necessary to dispose of such water.
Claim 5 further differs by requiring wherein the purified juice extraction is crystalized under heat and pressure in the crystallization unit to separate sugar out of the purified juice extraction in the fourth sub step.
Zver teaches such substep at (Figure 2), teaching that such crystallization enables production of thickened juice which can readily be manufactured and separated into crystallized sugar and molasses in a crystallizer (also see Section 3.1, pages 136 and 137 re boiling and crystallization to convert standard liquor into a mixture of sugar crystals and molasses).
It would have been also obvious to have employed such fifth substep in the Wang method, to have obtained commercially valuable crystallized sugar and molasses byproduct which can be readily separated in a crystallizer .
Claim 5 also differs by requiring wherein the water is recovered from an exhaust vapor of the crystallization unit by condensation in the fourth sub step and at least partially recycled by supplying it to the sugar beets and/or the sugar beet seedlings in the second step.
Zver teaches such step as generating volumes of process water including as water recovered from an exhaust vapor of the crystallization unit by condensation (figure 2, Section 3.2 re water circuits or streams for recycling and Section 4 regarding reuse of steam condensate).
Davy teaches that process water, generally, recovered from agricultural process facilities can be employed in the cultivation of agricultural crops which are subsequently processed ([0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water]).
Thus, it would have also been obvious in view of the cumulative teachings of Zver and Davy to have also recovered water from such sub-step, and recycled it to the sugar beets and/or the sugar beet seedlings in the second step, to achieve additional water and material conservation and further reduced amount of resources otherwise necessary to dispose of such water.
Regarding claim 6, Wang further discloses or suggests wherein the harvested sugar beets are washed with water in a zeroth sub step of the fourth step [0023 “The beet leaves obtained in the first step are washed”].
Claim 6 further differs by requiring wherein waste water from a washing procedure is at least partially recovered in the zeroth sub step and at least partially recycled by suppling it to the sugar beets and/or sugar beet seedling in the second step.
It is noted that Wang utilizes water or aqueous solutions in a plurality of substeps of producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants [0012-0019, 0021].
Zver also teaches capturing and recovering or collecting process water in multiple steps of processing the beets into sugar and other products, purifying such recovered or collected water, and recycling such purified, collected process water for use in various process steps conducted at the plant’s processing stations (Section 4 re proposal for increased recycling and (figure 2 and Section 3.2 re water circuits or streams for recycling and Section 4 regarding reuse of steam condensate).
Zver teaches that such purifying, collecting and recycling of such purified, collected process water, results in large savings and in substantial water and material conservation and minimizes amount of resources otherwise necessary to dispose of such water (Section 4).
Davy teaches water treatment systems and methods, which include recovery, collection, purification and recycling of process water from agricultural facilities including food washing and processing facilities [0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water], i.e. suggesting recycling such process water for producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants.
Hence, it would have been further obvious to one of ordinary skill in art of processing sugar beets to produce sugar and other products, to have further modified the Wang method, by at least partially producing the nutrient solution used in the second step from recovering water from process steps or stations utilized in the fourth step, and purifying and recycling such water in the producing of the nutrient solution in the second step, as cumulatively taught by Zver and Davy, in order to realize large savings from achieved substantial water and material conservation from such use of process water, while minimizing amount of resources otherwise necessary to dispose of such water.
Claim 7 also differs by requiring wherein the recovered water is treated in a treatment unit in a fifth step prior to supplying it to the sugar beets and/or the sugar beet seedling in the second step, wherein the recovered water is cleaned, enriched, or diluted in the fifth step .
Zver teaches recovered water being treated in a chlorination unit so as to sterilize the water (page 142, 1st and 2nd paragraph), whereas Davy teaches such recovered water as treated in a multistep treatment system to remove organic chemicals and suspended solids to make such water safter for reuse [0286-0289].
It would have thus been additionally obvious to have utilized one or more of such treatment units in the Wang method, as modified by Zver and David, so as to sterilize the water and remove organic chemicals and suspended solids to make such water safter for reuse.
For independent claim 9, Wang discloses a system for cultivation and processing of sugar beets comprising a cultivation area for cultivation of the sugar beets [0012-0019 and 0021 re applying fertilizer which includes nutrients in the form of aqueous solutions to soil in areas utilized for growing sugar beets in a growth period]; and
a sugar production area for processing grown sugar beets to extract sugar [0009 and 0023 re shredding, obtaining juice, clarifying, filtering and concentrating the juice, followed by evaporation and crystallization to make sugar from the juice obtained from the beets necessarily and inherently requiring such production area].
Claim 9, and claims dependent therefrom, differ from Wang by requiring the sugar production area of the system being a plant.
Zver teaches a facility for extracting and producing sugar and other commercially valuable end products from harvested or otherwise provided sugar beets, the facility characterized as an industrial facility, i.e. “plant” (Section 3.1 Regarding “Water minimization in a sugar plant for processing beet sugar plants);
and which includes stages for separating the beets from other accompanying agricultural impurities, slicing and washing the beets, extraction of sugar from the beets, and producing juice from the extracted sugar by steps of adding lime and carbon dioxide, filtration, evaporation and condensation concentration, and crystallization (Page 136 re Section 3.1 re stages for performing such process steps, Figure 2 and Page 137, re details of such steps being conducted in stations and other process units).
Zver teaches that such facility or “plant” results in production of large, commercial quantities of sugars, as well as byproducts including animal feed, alcohol and molasses, having a high commercial value (Page 137, re production of these products).
Hence, it would have been obvious to one of ordinary skill in art of processing sugar beets to produce sugar and other products, to have performed and scaled-up the Wang system by utilizing a sugar plant for the stages and stations for processing the harvested sugar beets in a sugar production plant, as taught by Zver, in order to produce large, commercial quantities of sugars, as well as of byproducts including animal feed, alcohol and molasses, having a higher commercial value.
Claim 9, and claims dependent therefrom, also differ from Wang by requiring the system to comprise structure operable to handle a return flow of recovered water from the sugar production plant to the cultivation area.
It is noted that Wang utilizes water or aqueous solutions in a plurality of substeps of producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants in the cultivation area [0012-0019 and 0021 re applying fertilizer which includes nutrients in the form of aqueous solutions to soil in areas utilized for growing sugar beets in a growth period].
Zver also teaches structure including conduits for capturing and recovering or collecting process water in multiple steps of processing the beets into sugar and other products, purifying such recovered or collected water, and recycling such purified, collected process water for use in various process steps conducted at the plant’s processing stations .
Zver teaches that such purifying, collecting and recycling of such purified, collected process water, results in large savings and in substantial water and material conservation and minimizes amount of resources otherwise necessary to dispose of such water (Section 3.2, page 139 re discharge and recycling of process water from various ones of the processing stages or stations and Section 3.3.2 re proposed recovery of condensate from an evaporation stage for reuse, and Section 4 re reuse and recycling of a plurality of wastewater streams so as to provide approximately 69% of all consumed water).
Davy teaches water treatment systems and methods, which include recovery, collection, purification and recycling of process water from agricultural facilities including food washing and processing facilities [0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water], i.e. suggesting recycling such process water for producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants.
Hence, it would have been further obvious to one of ordinary skill in art of processing sugar beets to produce sugar and other products, to have further modified the Wang system, by including conduit structure operable to handle a return flow of recovered water from the sugar production plant to the cultivation area, as cumulatively taught by Zver and Davy, in order to realize large savings from achieved substantial water and material conservation from such use of process water, while minimizing amount of resources otherwise necessary to dispose of such water.
For claim 10, Wang further discloses wherein the cultivation area comprises a watering unit for supplying the sugar beets and/or sugar beet seedlings with recovered water provided at least partially by the return flow [0010-0012, 0015 and 0016 re a reaction vessel operable to receive water for adjusting moisture content of nutrients added to fertilizer being utilized for growing the sugar beets].
Claim 11 further differs by requiring wherein the system comprises a treatment unit for cleaning, enriching, or diluting recovered water provided by the return flow.
Zver teaches recovered water being treated in a chlorination unit so as to sterilize the water (page 142, 1st and 2nd paragraph), whereas Davy teaches such recovered water as treated in a multistep treatment system to remove organic chemicals and suspended solids to make such water safter for reuse [0286-0289].
It would have thus been additionally obvious to have utilized one or more of such treatment units in the Wang system, as modified by Zver and David, so as to sterilize the water and remove organic chemicals and suspended solids to make such water safter for reuse.
For claim 15, Wang further suggests wherein the sugar production area or plant comprises a cutting unit for cutting the sugar beets into strips [0009 re “the sugar beets are shredded”, thus necessarily using a shredder or cutting unit] .
For claim 16 , Wang further discloses wherein the sugar production area or plant comprises an extractor unit for extracting sugar content from the strips into a crude juice extraction [0009 re obtaining juice by clarifying, hence inherently teaching presence of a clarifier unit for extracting crude juice from shredded beets, or “cut strips”].
Claim 17 further differs by requiring wherein the sugar production plant comprises a press for squeezing strips which have been exhausted in the extractor unit, wherein the return flow comprises a return path for water recovered by squeezing exhausted strips in the press, wherein the return path leads from the press to the watering unit in order to at least partially recycle the recovered water.
Zver teaches such press for pressing beet slices or strips so as to produce pellets for use as fertilizer products (figure 2 and page 137, lines 6-11) .
It would have been also obvious to the skilled artisan to have modified the Wang plant by including such a press so as to produce pellets for use as fertilizer products.
Zver further teaches recycling of water recovered from such press unit (figure 2 re and page 137,1st full paragraph), and also teaches treatment and recycling of water used for washing and pressing , hence such return flow and return path (page 139 re handling of “Circuit II wastewater including evaporated water from the crystallization unit).
Davy teaches water treatment systems and methods, which include recovery, collection, purification and recycling of process water from agricultural facilities including food washing and processing facilities [0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water], i.e. suggesting recycling such process water for producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants.
Hence, it would have been further obvious to one of ordinary skill in art of processing sugar beets to produce sugar and other products, to have further modified the Wang system, by including conduit structure operable to handle a return flow of recovered water from the press unit of the plant to the cultivation area, as cumulatively taught by Zver and Davy, in order to realize large savings from achieved substantial water and material conservation from such use of process water, while minimizing amount of resources otherwise necessary to dispose of such water.
Claim 18 further differs by requiring wherein the sugar production plant comprises a juice purification unit with a condensation stage for thickening the crude juice extraction, wherein the return flow comprises a further return path for water recovered from an exhaust steam of the condensation stage by condensation, wherein the further return path leads from the juice purification unit to the watering unit in order to at least partially recycle the recovered water.
Zver teaches such condensation stage for thickening the crude juice extraction at (Figure 2 and page 137, 1st and 2nd paragraph), teaching that such condensation stage enables production of thickened juice which can readily be manufactured and separated into crystallized sugar and molasses in a crystallizer (also see page 137, 2nd paragraph regarding such process steps).
It would have been also obvious to have employed such condensation stage in the Wang system, to have obtained commercially valuable crystallized sugar and molasses byproduct which can be readily separated in a crystallizer.
Claim 18 also differs by requiring wherein the water is recovered from an exhaust steam by condensation in the third sub step and at least partially recycled by suppling it to the sugar beets and/or the sugar beet seedlings in the second step.
Zver teaches structure for water recovery from such exhaust steam and recycling such recovered water as generating volumes of process water both as condensate from the evaporation and as process water from the crystallization (figure 2 and Section 3.2 and page 139 re handling of “Circuit I and “Circuit II” wastewater including condensate from such exhaust steam) re water circuits or streams for recycling and Section 4 regarding reuse of steam condensate).
Davy teaches that process water, generally, recovered from agricultural process facilities can be employed in the cultivation of agricultural crops which are subsequently processed ([0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water]).
Thus, it would have also been obvious to have also modified the Wang system, in view of the cumulative teachings of Zver and Davy, by including structure to have also recovered process water from such exhaust steam, and recycled it to the sugar beets and/or the sugar beet seedlings in the second step, to achieve additional water and material conservation and further reduced amount of resources otherwise necessary to dispose of such water.
For claim 19, Wang further discloses wherein the sugar production plant comprises a crystallization unit for crystallization of the purified juice extraction under heat and pressure in order to separate sugar out of the purified juice extraction [0009 re the sugar-making juice being concentrated and crystallized, hence requiring a crystallization unit operable at a given temperature or level of heat and given pressure],
Claim 19 further differs by requiring wherein the return flow comprises a further return path for water recovered from an exhaust vapor of the crystallization unit by condensation, wherein the further return path leads from the crystallization unit to the watering unit to at least partially recycle the recovered water.
Zver further teaches the sugar production unit comprising a crystallization stage or unit and treatment and recycling of water recovered from exhausted vapor of such crystallization unit (figure 2 re crystallization of thick juice to provide crystallized sugar and molasses and page 137,1st full paragraph), and also teaches treatment and recycling of water used for washing , hence such return flow and return path (page 139 re handling of “Circuit II wastewater including evaporated water from the crystallization unit).
Davy teaches water treatment systems and methods, which include recovery, collection, purification and recycling of process water from agricultural facilities including food washing and processing facilities [0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water], i.e. suggesting recycling such process water for producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants.
It would have also been obvious to the skilled artisan to have included such crystallization unit in the plant of the modified Wang system, as taught by Zver, so as to produce commercial products of crystallized sugar and molasses.
Hence, it would have been further obvious to one of ordinary skill in art of processing sugar beets to produce sugar and other products, to have further modified the Wang system, by including conduit structure operable to handle a return flow of recovered water from the crystallization stage area of the plant to the cultivation area, as cumulatively taught by Zver and Davy, in order to realize large savings from achieved substantial water and material conservation from such use of process water, while minimizing amount of resources otherwise necessary to dispose of such water.
Claim 20 further differs by requiring wherein the sugar production plant comprises a washing unit for washing the harvested sugar beets with water, wherein the return flow comprises a return path for water recovered from the waste water of the washing unit, wherein the return path leads from the washing unit to the watering unit to at least partially recycle the recovered water.
Zver further teaches the sugar production unit comprising a beet washer for washing transported beets (page 137, lines 2-7 regarding separating out leaves, weeds rocks, dirt and sand contaminants from the beets), and also teaches treatment and recycling of water used for washing , hence such return flow and return path (page 139 re handling of “Circuit I wastewater).
It would have also been obvious to the skilled artisan to have included such beet washer unit in the plant of the modified Wang system, as taught by Zver, so as to separate out leaves, weeds rocks, dirt and sand contaminants from the beets.
Davy teaches water treatment systems and methods, which include recovery, collection, purification and recycling of process water from agricultural facilities including food washing and processing facilities [0282, 0285, 0292], including utilizing dirt and water from such collected, purified and recycled process water to be “re-applied to the fields to help grow subsequent crops”, i.e. employed in cultivation of agricultural crops [0294 regarding such use of the recycled process water], i.e. suggesting recycling such process water for producing the nutrient solution employed in growing the seeds or seedlings into commercially useful sugar beet plants.
Hence, it would have been further obvious to one of ordinary skill in art of processing sugar beets to produce sugar and other products, to have further modified the Wang system, by including conduit structure operable to handle a return flow of recovered water from the washing unit for washing the harvested sugar beets with water, as cumulatively taught by Zver and Davy, in order to realize large savings from achieved substantial water and material conservation from such use of process water, while minimizing amount of resources otherwise necessary to dispose of such water.
Claims 8 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over the Escapenet machine translation of Wang patent publication CN 108586036 (Wang) in view of the Zver et al Non-Patent Literature publication “Water minimization in process industries: case study in beet sugar plant” (Zver) and Davy et al PGPUBS Document US 2020/0369547 (Davy), as applied to claims 1-7 above, and further in view of the Escapenet machine translation of Zheng patent publication CN 111357636 (Zheng).
Referenced paragraph numbers of the Descriptions of both the applied PGPUBS Document and the Escapenet translation are identified with “[ ]” symbols, in the Escapenet translation, the “[ ]” symbols referring to the respective paragraphs immediately above or preceding the symbols.
Claim 8 further differs by requiring wherein the first, second, and third steps are performed in an artificial environment for vertical farming, or inside a housing, wherein the sugar beets are irradiated in the second step by artificial light sources inside the housing.
Zheng teaches a system and corresponding method for cultivating and processing any of a variety of food crops, including beets, in such an artificial environment [0019, 0034], in the form of a cabinet having vertically arranged units for performing process steps (figures 2-5 and [0040-0041, 0044 re multiple troughs and trays, .
Zheng teaches that such system and method are compact and can utilize intelligent control, for precise regulation of process variables for accurate processing of the food crop being cultivated and processed so as to allow plants to grow and mature in a short time [0019].
It would have been accordingly obvious to the skilled artisan to have further modified the Wang method, by performing the method steps within such an artificial environment, as suggested by Zheng, in order to achieve more precise regulation of process variables for accurate processing of the food crop being cultivated and processed and so as to allow plants to grow and mature in a short time.
Optionally, Zheng also teaches artificial, output controlled light sources inside a housing of the cabinet or artificial environment, the inherent purpose of such light sources being to cultivate optimum growth of beet seedlings.
Optionally, it would have also been obvious to the skilled artisan to have also modified the Wang method by employing such artificial, output controlled light sources inside a housing of the cabinet or artificial environment, so as to cultivate optimum growth of beet seedlings.
Claim 12, and claims 13 and 14 dependent therefrom, further differ by requiring wherein the cultivation area comprises a housing, in which the sugar beets are artificially cultivated.
Zheng also teaches artificial, output controlled light sources inside a housing of the cabinet or artificial environment, the inherent purpose of such light sources being to cultivate optimum growth of beet seedlings ([0036-0037 and 0046 re cultivation cabinet body 100 being a closed cabinet, so as to cultivate and develop plants fully in a completely controlled manner by control unit 200, while isolating them from external climate and pests] and [0046-0048 regarding plural light-emitting LED units comprising at least first light emitting component 210 and second light emitting component 220 so as to ensure adequate light to support growth of the plants]).
Optionally, it would have also been obvious to the skilled artisan to have also modified the Wang method by employing such a housing with artificial, output controlled light sources inside the housing of the cabinet or artificial environment, so as to cultivate and develop plants fully in a completely controlled manner, while isolating them from external climate and pests cultivate optimum growth of beet seedlings, and while ensuring adequate light to support growth of the plants.
For claim 13, the claim specifically requires wherein the housing comprises a multitude of light sources or light emitting diodes. Zheng teaches wherein the housing comprises such multitude of light sources [0046-0048 regarding plural light-emitting LED units comprising at least first light emitting component 210 and second light emitting component 220 so as to ensure adequate light to support growth of the plants] .
It would have been additionally obvious to have employed such multitude of light sources, so as to cultivate growth of beet seedlings, by ensuring adequate light to support growth of the plants.
For claim 14, the claim requires the housing to comprise a multitude of cultivation containers, which are stacked one above the other and/or side by side. Zheng teaches wherein such housing comprising a multitude of cultivation containers, which are stacked one above the other and are also stacked side by side (figures 1-3 and 10 and [0053 re water tank container 261 located below 1st and 2nd containment spaces 110 and 120 stacked side-by-side ]), inherently to ensure adequate water for cultivation and to increase the capacity of the housing or system for cultivating and otherwise treating beet seeds and seedlings.
It would have been additionally obvious to have employed such multitude of cultivation containers, which are stacked one above the other and are also stacked side by side, inherently to increase the capacity of the housing or system for cultivating and otherwise treating beet seeds and seedlings.
Additionally, the MPEP at Section 2114 provides Court Decisions where it has been ruled that functional limitations in apparatus claims and recitations of what a device does, instead of what a device is do not distinguish or make non-obvious apparatus claims if the prior art teaches all of the structural limitations of the claim.
Such sleeve dimensions are deemed to constitute results-effective variables for which it would have been obvious for one of ordinary skill in the prior art to have optimized by routine experimentation, so as to adapt the size of the sleeve of the apparatus and accompanying container to a particular application. The MPEP, Section 2144.05 includes court rulings that have determined that such types of parameter values or ranges do not support the patentability of such subject matter, particularly where the prior art contains similar ranges, amounts or proportions, or suggests such similarity, absent a finding of unexpected criticality or achieving of unexpected results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Joseph Drodge at his direct government formal facsimile phone number telephone number of 571-272-1140. The examiner can normally be reached on Monday-Friday from approximately 8:00 AM to 1:00PM and 2:30 PM to 5:30 PM.
If attempts to reach the examiner are unsuccessful, the examiner' s supervisor, Benjamin Lebron, of Technology Center Unit 1773, can reached at 571-272-0475.
The telephone number, for official, formal communications, for the examining group where this application is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from the Patent Examiner. Unpublished application information in https:///www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https:///www.uspto.gov/patents/apply/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.
JWD
07/04/2026
/JOSEPH W DRODGE/ Primary Examiner, Art Unit 1773
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