NOVEL METHODS OF AQUACULTURE

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 . Notice to Applicant Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn. Claims 21-33 have been examined in this application. Claims 1-20 and 34-35 have been canceled. This communication is a final rejection in response to the “Amendments to the claims” and “Remarks” filed 9/16/2026. 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. Claims 21-33 are rejected under 35 USC 103 as being obvious over US Patent Application Number 2010/0236137 by Wu in view of WO2012140183A1 by Wardum. Regarding claim 21, Wu discloses a process of maintaining a concentration of dissolved gas CO2 in the range of about 0.5 mg/l to about 50 mg/l (Paragraph 99 discloses “The fish enclosures of the embodiments can operate within the following non-limiting, exemplary water quality limits: …less than 10gl/L CO2”) in an aquaculture tank of an aquaculture system (fish enclosure 220), wherein the aquaculture tank comprises an amount of CO2-producing aquatic organism (fish 221); the process comprising adjusting the level of carbonate alkalinity in the system water in the aquaculture tank of the aquaculture system to the level in the range of 150mg/l to 5000mg/l (paragraph 99 discloses “The fish enclosures of the embodiments can operate within the following non-limiting, exemplary water quality limits: …alkalinity at 10-400 mg/L CaCO3”) to increase the proportion of CO2 that chemically reacts with the system water (this is an inherent effect of increasing the alkalinity of the water), wherein adjusting the level of carbonate alkalinity in the system water comprises adding an alkalinity adjusting agent into the system water in the aquaculture tank (paragraph 146 discloses “pH is controlled by bubbling or sparging CO2 into the ponds, or adding weak acids (e.g., carbonic acid), bases, or buffers (sodium bicarbonate)”). Wu does not disclose the aquaculture system is configured to remove CO2 from a system water in the aquaculture tank by degassing or stripping. However, this limitation is taught by Wardum. Page 55, lines 13-16 discloses “A stripping gas, in particular air, is injected into the fish tank in form of fine bubbles. The air bubbles act to strip carbon dioxide from the water as they rise to the surface of the water body and allow carbon dioxide to escape to the atmosphere or to withdraw the carbon dioxide”. Wardum suggests that “As a consequence of the extensive respiration of fish and bacteria in recirculation aquaculture systems, the CO2 concentration in the water will increase if it is not reduced at an equal rate. An increased CO2 concentration in the water has negative effects on the fish growth rate and might even increase fish mortality. Therefore, in intensive aquaculture it is necessary to reduce the CO2 concentration in the water”. It would thus be obvious to a person having ordinary skill in the art to modify Wu using the teachings from Wardum in order to provide additional control over the CO2 concentration in the water. Regarding claims 22 (dependent on claim 21), 29 (dependent on claim 28), Wu discloses the alkalinity adjusting agent is selected from the group consisting of sodium bicarbonate, sodium hydroxide, sodium carbonate, calcium hydroxide, calcium oxide, calcium carbonate, dolomite magnesium hydroxide, and magnesium carbonate. Paragraph 146 discloses sodium bicarbonate as a buffer and paragraph 134 discloses additional additive options such as calcium carbonate. Regarding claims 23 (dependent on claim 21), 30 (dependent on claim 28), Wu discloses the level of carbonate alkalinity is adjusted to the level in the range of 250mg/l to 1000mg/l. Paragraph 99 discloses “The fish enclosures of the embodiments can operate within the following non-limiting, exemplary water quality limits: …alkalinity at 10-400 mg/L CaCO3”. Regarding claims 24 (dependent on claim 21), 31 (dependent on claim 28), Wu does not disclose the level of carbonate alkalinity in a system water is adjusted to 500mg/l to 1000mg/l. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to adjust the alkalinity of the fish enclosure to whatever amount is desired to provide the necessary amount of buffer for the amount of CO2 in the water, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claims 25 (dependent on claim 21), 33 (dependent on claim 28), Wu does not disclose the amount of the CO2-producing aquatic organism in the aquaculture tank is from 5 kg/in3 to 700 kg/in3. However, having disclosed fish 221 in fish enclosure 220, it would have been obvious to one having ordinary skill in the art at the time the invention was made to find the optimal amount of fish to maximize production while providing an adequate environment, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claims 26 (dependent on claim 21), 15 (dependent on claim 12), Wu discloses the aquatic organism is selected from the group consisting of freshwater finfish, marine fish, estuarine fish, echinoderms, crustaceans, and mollusks. Paragraphs 81-89 list a variety of fish that can be raised, as well as mollusks and crustaceans. Regarding claim 27 (dependent on claim 21), Wardum further teaches the degassing or stripping is selected from the group consisting of pumping diffused air into the water. Page 55, lines 13-16 discloses “A stripping gas, in particular air, is injected into the fish tank in form of fine bubbles. The air bubbles act to strip carbon dioxide from the water as they rise to the surface of the water body and allow carbon dioxide to escape to the atmosphere or to withdraw the carbon dioxide”. Regarding claim 28 (dependent on claim 21), Wardum further teaches a method of aquaculture in a recirculating aquaculture system (RAS) (page 1, lines 8-9 disclose “The invention further relates to a recirculation aquaculture system comprising a fish tank”), wherein the recirculating aquaculture system comprises CO2-producing aquatic organism, the method comprising maintaining concentration of dissolved gas CO2 in the range of about 0.5 mg/l to about 50 mg/l in an aquaculture tank of the recirculating aquaculture system according to the process of claim 21 (see the rejection of claim 1 above). 29. (New) The method of claim 28, wherein the alkalinity adjusting agent is selected from the group consisting of sodium bicarbonate, sodium hydroxide, sodium carbonate, calcium hydroxide, calcium oxide, calcium carbonate, dolomite magnesium hydroxide, and magnesium carbonate. Regarding claim 32 (dependent on claim 28), Wardum further teaches additionally comprising a step of degassing or stripping, selected from the group consisting of pumping diffused air into the water. Page 55, lines 13-16 discloses “A stripping gas, in particular air, is injected into the fish tank in form of fine bubbles. The air bubbles act to strip carbon dioxide from the water as they rise to the surface of the water body and allow carbon dioxide to escape to the atmosphere or to withdraw the carbon dioxide”. Response to Arguments Applicant's arguments filed 9/16/2026 have been fully considered but they are not persuasive. Regarding the argument that Wu does not disclose adjusting alkalinity to the claimed range because Wu's alkalinity figure is a list of background water quality parameters, paragraph 99 discloses "the systems of the embodiments provided herein also provide means to monitor and/or control the environment of the enclosures, which includes but is not limited to the means for monitoring and/or adjusting, independently or otherwise...alkalinity", and then goes on to list the operational water quality limits, including alkalinity at 10-400 ml/L CaCO3. To operate and control alkalinity at specific water quality limits would therefore involve adjusting alkalinity to those limits. Wu therefore discloses adjusting the alkalinity, and the increased proportion of Co2 that chemically reacts with the system water is an inherent side effect of this alkalinity level. Furthermore, Wu suggests that introducing Co2 into the ponds can help control pH, and chemically this occurs by CO2 reacting with water to form carbonic acid. Applicant’s arguments, see page 6, filed 9/16/2026, with respect to the rejection(s) of claim(s) 24 and 31 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made above. Regarding claims 23 and 30, maintaining alkalinity at 10-400 mg/L includes maintaining alkalinity at 250-400 mg/L, which falls within the claimed range. Furthermore, regarding the argument that Wu has a disclosed ceiling at 400 mg/L, paragraph 99 discloses that these water quality limits are non-limiting and exemplary water quality limits, therefore Wu does not exclude using other water quality limits as needed. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30. 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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. MICHAEL H. WANG Primary Examiner Art Unit 3642 /MICHAEL H WANG/Primary Examiner, Art Unit 3642