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 .
DETAILED ACTION
Receipt is acknowledged of certified copies of priority papers required by 37 CFR 1.55.
Information Disclosure Statement
The IDS filed on 10/4/24 has been fully considered except where references have been lined through.
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.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Fieldman (US20210285017A1, of record).
Regarding claim 1, Fieldman teaches a method for converting a biomass into fuel (claim 1). Fieldman teaches the biomass can comprise agriculture residues ([0256]). Fieldman teaches the biogenic input material (agricultural biomass residue) can be collected ([0204]). Fieldman teaches that straw is an example that grows in a field (collecting harvest residues produce in an agriculture field) ([0149]). Fieldman teaches that the biomass can be fermented anaerobically to produce methane (claim 1). Fieldman teaches the fermentation residues can be processed into fertilizer ([0111]). Fieldman teaches the fermentation residues can be applied to soil (returning to the agriculture field ([0128]). Fieldman teaches the biomass can be pretreated via gasification ([0122]). Fieldman teaches that the straw can be stored before being used in the bio-gas plant (0223]). Fieldman teaches that the bio-gas plants require fresh input materials daily (adjusting amount of harvest resides to be supplied based on demand) ([0223]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to experiment within the inventive confines of the multiple embodiments disclosed by Fieldman to arrive at instant invention. All of the claimed method steps were known in the art prior to the time of filing of the instant invention and would yield nothing more than predictable results with a reasonable expectation of success to one of ordinary skill in the arts. Further, MPEP 2144.04 states that “selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results”
Regarding claim 2, Fieldman teaches that the straw can be stored before being used in the bio-gas plant (raw storage) (0223]). Fieldman teaches that specific types of gasifiers are optimized for high-ash biomass ([0092]). Fieldman teaches that the input quantities required can vary (8-10 kg) to produce the same amount of fuel (adjusting amount of harvest residues to be supplied to the gasification) ([0093]). Fieldman teaches that the input biomass can come from a wide range of starting materials and combinations thereof ([0204]). Fieldman teaches that some input materials have a low greenhouse gas value and that the selection of the starting input material is particularly important ([0204]). Therefore, one of ordinary skill in the arts understands that the amount of any given starting material can be adjusted to increase the value greenhouse gas storage value (adjusting the amount of harvest residue based on storage information about the harvest residues). Fieldman teaches that the straw biomass can be produced in a variety of shapes and densities ([0225]). Therefore, one of ordinary skill in the arts understands that the amount of straw supplied to the gasification is dependent on the form/density that the straw is stored.
Regarding claims 3 and 4, Fieldman teaches that the products of gasification are biochar and vegetable coal ([0124]). Fieldman teaches the biochar and vegetable coal can be introduced into soil (agriculture fields) along with fermentation resides ([0128]). Fieldman teaches the biochar and vegetable coal comprises carbon ([0130]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TREVOR L KANE whose telephone number is (571)272-0265. The examiner can normally be reached M-F 7:00 am-4:00pm.
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, Louise Humphrey can be reached at 571-272-5543. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUISE W HUMPHREY/Supervisory Patent Examiner, Art Unit 1657
/TREVOR KANE/Examiner, Art Unit 1657
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