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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-4 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ervasti (FI 20207027 A1) in view of Li et al. (CN 102424481 A) and FAOUN (“Peatland mapping and monitoring”).
With regard to claim 1, Ervasti discloses a method for storing an organic material, comprising: providing the organic material (biomass 10) and placing the organic material into a bog or bogland (wetland 11).
Ervasti is silent regarding mixing the organic material with water to form a pumpable mixture/slurry, pumping the mixture/slurry into a bog or a bogland through one or more pipes; and monitoring the bog or bogland and taking measures when required to maintain its conservation capabilities.
Li discloses a method for storing an organic material by mixing the organic material with water to form a pumpable mixture/slurry, pumping the mixture/slurry into a bog or a bogland through one or more pipes (para 0033).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ervasti and pump the organic matter into the bogland as taught in Li, with a reasonable expectation of success, in order to preventing damaging the bogland.
FAOUN discloses monitoring a bog or bogland (e.g. page 21) and taking measures when required to maintain its conservation capabilities (e.g. pages 17, 44-45).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ervasti and monitor the bogland as taught in FAOUN, with a reasonable expectation of success, in order to ensure the bogland maintains in carbon sink characteristics.
With regard to claim 2, Ervasti, as modified, further discloses the organic material is a plant material selected from the group consisting of materials from forestry, sawmills, paper mills, and/or any other plant processing organic material (log wood/pulpwood).
With regard to claim 3, Ervasti, as modified, discloses the invention substantially as claimed however is silent regarding the organic material is a plant material divided into parts smaller than one cm in size. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the plant material be any desired size to include less than one cm based on the design conditions at hand and an artisan of ordinary skill would have had a reasonable expectation of success, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
With regard to claim 4, Ervasti, as modified, discloses the invention substantially as claimed however is silent regarding the water is from the bog. However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize water from the bog in to utilize a local water source as known within the art. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ervasti and utilize bog water in order to provide the expected benefit of not needing to import water.
With regard to claims 12 and 16, Ervasti, as modified, further discloses monitoring biotope characteristics selected from the group consisting of a plant type and growth, a water level, a ground level, a gas content and gas emission, and a rate of decomposition in the bog (FAOUN; pages 21-22).
With regard to claim 13, Ervasti, as modified, further discloses the measures taken to maintain the conservation capabilities is selected from the group consisting of an adjustment of water level, a fertilization, a planting, a removal of plants, improving conditions for wildlife and regulation of human activities. (FAOUN; pages 17; 40-45).
With regard to claim 14, Ervasti, as modified, further discloses measures of raising the water level of the bog are taken (FAOUN; pages 21-22).
With regard to claim 15, Ervasti, as modified, further discloses at least one of damming or backfilling of drainage ditches are take (FAOUN; pages 21-22).
Claim(s) 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ervasti in view of Li et al. and FAOUN as applied to claim 1 above, and further in view of Schwalbe (2006/0222464).
With regard to claim 5-8, Ervasti, as modified, discloses the invention substantially as claimed however is silent regarding a directional drilling or pushing to guide said one or more pipe in desired direction along the bottom.
Schwalbe discloses installing pipes in anerobic environment by a directional drilling or pushing (para 0009) to guide said one or more pipe in desired direction along the bottom (fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Ervasti and drill or push pipes to the bottom as taught in Schwalbe, with a reasonable expectation of success, in order to provide efficient means to install the pipes in the desired location.
With regard to claim 9, Ervasti, as modified, further discloses the desired direction(s) of said one or more pipe(s) is/are determined from mapping of the bog and the ground under the bog (FAOUN; wherein mapping is utilized to make decisions).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ervasti in view of Li et al. and FAOUN as applied to claim 1 above, and further in view of Stark (5,439,318).
With regard to claim 10, Ervasti, as modified, discloses the invention substantially as claimed however is silent regarding said one or more pipe(s) is/are pulled back successively as the slurry is pumped into the bog.
Stark discloses one or more pipe(s) is/are pulled back successively as the slurry is pumped into subterranean environment (col. 8, lines 27-33).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Ervasti and pull back the pipes as taught by Stark, with a reasonable expectation of success, in order to allow the injection pipes to be reused.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ervasti in view of Li et al. and FAOUN as applied to claim 1 above, and further in view of Allen et al. (8,662,791).
With regard to claim 11, Ervasti, as modified, discloses the invention substantially as claimed however is silent regarding said one or more pipe(s) is/are equipped with longitudinal slots or rows of holes through which the slurry can pass.
Allen discloses an injection pipe (fig. 8b) equipped with longitudinal slots or rows of holes (60) through which the slurry can pass.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Ervasti and utilize a pipe with holes as taught by Allen, with a reasonable expectation of success, in order adequately distribute the slurry along the length of the pipe.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN F FIORELLO whose telephone number is (571)270-7012. The examiner can normally be reached Mon-Fri 8:00AM-4:30PM EST.
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/BENJAMIN F FIORELLO/Primary Examiner, Art Unit 3678
BF
03/07/2026