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 .
Detail Action
Claims 1-15 submitted on 12/13/2024 are pending for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/13/2024 in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the IDS statement.
Claim Objections
Claims 4, 8-9 is objected to because of the following informalities: The instant claims have mixed tenses such as claim 9 “the or one of the cooking reactors” , claim 8 ‘the or one of the impregnation reactors” and in claim 4 “ another of said devices”.
Appropriate correction is required.
Claim 1 are objected to because of the following informalities: The instant claim contains parentheses which add confusion to the claims and are to be removed or the claims clarified to remove the confusion. An example of this confusion is claim 1, line 4 which states “said reactor” however two numerals (9 and 14) are given for “reactor” .
Appropriate correction is required.
Claim Rejections: 35 USC § 112(b)
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 1-15 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is indefinite in reciting “ reactor (9, 14) for treating said biomass, said reactor (9, 14) being equipped with a biomass feed device (6, 11) which is equipped with a biomass inlet and a biomass outlet, said biomass outlet being in fluidic connection with an inlet of the reactor, characterized - in that a residue (8; 13) is extracted from the biomass, while it is passing through the feed device (6; 11) toward the reactor (9; 14), via an extraction outlet provided in said device, said residue, referred to as solid-liquid residue, being a mixture of solid and liquid, - in that said solid-liquid residue is separated into a solid residue (32; 42) and a liquid residue (31; 41), - and in that at least one portion of the solid residue (32; 42)” .
It is undefined what are those Number into the parenthesis, ( such as (6, 11)) and it need clarification. The instant claim contains parentheses which add confusion to the claims and are to be removed or the claims clarified to remove the confusion
Correction is required.
Identical rejections are contained in claims 2-15.
Claim 1 recites the limitation “said biomass” in line 2, 3, “the biomass inlet and the biomass outlet” in lines 2 and 3, “the or of at least one of the feeder” in line 8 and “the same feeder or of another of said feeder”. There is insufficient antecedent basis for these limitations in the claim. Is this biomass is the lignocellulosic biomass?
Identical rejections are contained in claims 4-5, 8-10 and 15.
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
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 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.
According to MPEP 2143:"Exemplary rationales that may support a conclusion of obviousness include:(A) Combining prior art elements according to known methods to yield predictable results;(B) Simple substitution of one known element for another to obtain predictableresults;(C) Use of known technique to improve similar devices (methods, or products) in the same way;(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;(E) "Obvious to try" - choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.Note that the list of rationales provided is not intended to be an all-inclusive list. Other rationales to support a conclusion of obviousness may be relied upon by Office personnel."
Claims 1-15 are rejected under 35 U.S.C. 103(a) as being unpatentable over D1 Aymard et al.( FR 075 201 A1.) 21 June 2019 (2019-06-21, IDS), English trans submitted also published US20200339761, us pat 12152110) in view of D2: Aymard etal.WO2014/060674 A1 24 April, 2014 (2014-04-24 , English translation submitted; IDS also ).
D1 : Aymard et al.( FR 075 201 A1 also published US20200339761) disclose ( abstract) The invention relates to a method for treating a lignocellulosic biomass comprising a dry matter content of at most 80% by weight, said method comprising the implementation of at least one reactor (9,14) for treating said biomass, where the or at least one of said reactors is supplied with biomass by a supply means (6, 11) creating an increase in pressure between the biomass inlet and the biomass outlet of said supply means, where said supply means are washed by circulation of a washing fluid between a washing inlet (7,12) and a washing outlet (8,13). According to the method, at least part of the washing fluid (8,13) leaving the fluid outlet of the or at least one of the supply means (6,11) is reintroduced into the washing inlet of the same supply means or another of said supply means ( see abstract.).
D1 : Aymard et al. also ( US20200339761 is used here) disclose SUMMARY OF THE INVENTION
“ 0018] The subject of the invention is, first, a process for treating a lignocellulosic biomass or a lignocellulosic substrate comprising a solids content SC of not more than 90% by weight, said process comprising the use of at least one reactor for treating said biomass, in which the or at least one of said reactors is fed with biomass via a feed means creating a pressure increase between the biomass inlet and the biomass outlet of said feed means, and in which said feed means is washed by circulation of a washing fluid between a washing inlet and a washing outlet.
[0019] According to the invention, at least a portion of the washing fluid exiting the fluid outlet of the or of at least one of the feed means is reintroduced into the washing inlet of the same feed means or of another of said feed means.
[0020] According to the invention, the term “lignocellulosic biomass comprising a solids content of X %” means either a biomass which naturally comprises a solids content of X % (a “native” biomass) or a biomass which has this content after one or more operations prior to the process according to the invention.
[0021] It in fact proved to be very advantageous to thus “recycle” all or some of the washing water of the feed means, which may be, for example, a feed screw: at the very least, when the biomass does not contain any catalyst, a saving in washing fluid (water) consumption is achieved. It is also possible to achieve an energy saving, when this washing water must be heated before introduction into the washing circuit, since a “spent” fluid which already has a temperature above room temperature is then reinjected into the washing circuit. In addition, when it is a matter of washing a feed means for biomass supplemented with a catalyst (for example after an operation of impregnation with a catalytic liquor using an acidic, basic or oxidizing catalyst), it turned out that the washing water leaving the feed means could contain a certain content of catalyst (when the biomass undergoes a liquid extraction by passing through the feed means), but that this presence of “spent” washing water also containing a catalyst at the inlet of the washing circuit did not pose any problem.”
Aymard et al.( Also teach in claims 8-15.) : “The process as claimed in claim 1, said process comprising the following steps: a) a Preparing an impregnation liquor (4) containing a chemical catalyst (2) intended for the impregnation of the biomass (5), chosen from an acid catalyst, a basic catalyst and an oxidizing catalyst, and preferably an acid catalyst, in a preparation zone (3) b) Introducing the milled biomass (5) via an inlet of an impregnation reactor (9) by a first feeder (6), said first feeder being washed by circulation of a first washing fluid (7,8) between an inlet and an outlet of said first feeder (6) c) Introducing the liquor into the impregnation reactor (9) via a first liquor (4) inlet of the reactor d) Transferring the impregnated and drained biomass (10) from an impregnation reactor outlet to an inlet of a cooking pretreatment reactor (14), the introduction into said pretreatment reactor taking place via a second feeder (11), said second feeder being washed by circulation of a second washing fluid (12,13) between an inlet and an outlet of said second feeder e) Pretreating said biomass (10) in said steam explosion reactor (14) f) Reintroducing at least a portion of the first and/or of the second washing fluid leaving the fluid outlet of said first or of said second feeder (6,11) into the washing inlet of the first feeder (6) and/or of the second feeder (11).
9. The process as claimed in claim 1, characterized in that it also comprises: g) Reintroducing a portion of the first and/or of the second washing fluid leaving the fluid outlet of the first or of the second feeder (6,11) into the impregnation liquor preparation zone (3) for the purpose of preparing a) said liquor.
10. The process as claimed in claim 1, characterized in that the and/or at least one of the feeder is a feed screw (6,11), which is notably at least partly conical, comprising a cowling equipped with a grate allowing the circulation of the washing fluid and optionally the extraction of fluid from the biomass.
11. The process as claimed in claim 7, characterized in that a portion of the first washing fluid (8) at the washing outlet of the first feeder (6) is reintroduced into the washing inlet (8b,8d) of the first or of the second feeder, and in that another portion of said washing fluid is reintroduced (8c) into the liquor preparation zone (3) for the purpose of preparing same.
12. The process as claimed in claim 7, characterized in that a portion of the second washing fluid (13) at the washing outlet of the second feeder (11) is reintroduced (13b,13d) into the washing inlet of the first or of the second feeder (6,11), and in that another portion (13c) of said washing fluid is reintroduced into the liquor preparation zone (3) for the purpose of preparing same.
13. The process as claimed in claim 1, characterized in that the washing of the feeder (11) is performed in the presence of biomass supplemented with a catalyst, notably an acid, basic or oxidizing catalyst, in that the washing fluid leaving the fluid outlet of said feeder (6,11) contains a certain content of said catalyst when the biomass undergoes a liquid extraction by passing through said feeder, and in that said washing fluid containing this catalyst is at least partly reintroduced into the washing inlet of the same feeder or of another of said feeder, notably conveying biomass free of catalyst.
14. A facility performing the process as claimed in claim 1, characterized in that it comprises at least one reactor for treating a lignocellulosic biomass having a solids content of not more than 90% by weight with feeding of the or of at least one of said reactors with biomass via a feeder creating a pressure increase between the biomass inlet and the biomass outlet of said feeder, with washing of said feed feeder by circulation of a washing fluid between a washing inlet and a washing outlet, and a line for reintroducing at least a portion of the washing fluid (8,13) exiting the fluid outlet of the or of at least one of the feeder (6,11) into the washing inlet of the same feeder or of another of said feeder.
15. A facility for treating a lignocellulosic biomass, comprising: A zone (3) for preparing an impregnation liquor (4) containing a chemical catalyst for the impregnation of the biomass (5), chosen from an acid, basic or oxidizing catalyst, and preferably an acid catalyst, and equipped with a liquor outlet An impregnation reactor (9), said reactor being equipped with a biomass inlet and outlet A first feeder (6) for feeding milled biomass to the impregnation reactor (9) via the biomass inlet of the impregnation reactor A feeder for feeding impregnation liquor (4a) to the reactor (5) connecting a liquor outlet of the liquor (4) preparation zone (3) to a first liquor inlet in the impregnation reactor A reactor (14) for pretreatment of the impregnated biomass (10) by cooking, a biomass inlet of which is connected to the biomass outlet of the impregnation reactor (9) A second feeder (11) for feeding impregnated biomass (10) to the pretreatment reactor via the biomass inlet of said pretreatment reactor (14) A circulation of washing fluid (7,8) between an inlet and an outlet of the first milled biomass (5) feeder (6) of the impregnation reactor (9) A circulation of washing fluid (12,13) between an inlet and an outlet of the second impregnated biomass (10) feeder (11) of the pretreatment reactor (14) characterized in that the facility also comprises A line for reintroducing at least a portion of the first and/or of the second washing fluid leaving the fluid outlet of said first or of said second feeder (6,11) into the washing inlet of the first feeder and/or of the second feeder.”
As it shown the method and instant claims facility for carrying out the method is identical for the solid -liquid separation of D1 : Aymard et al. also ( US20200339761).
D1 Aymard et al. also ( US20200339761). does not disclose reintroduction of at least part of solid residues throw the feed screw into one of said feeding device only liquid residues is introduced
D2: Aymard et al. WO2014/060674 A1 disclose a method for producing ethanol from biomass, including the following steps: a) the biomass is pretreated in a pretreatment reactor by steam explosion so as to provide an effluent containing a pretreated substrate that contains cellulose; b) an enzymatic hydrolysis of the pretreated substrate resulting from step a) is carried out so as to provide a hydrolysate; c) an ethanol fermentation of the hexoses, and optionally of the pentoses, contained in the hydrolysate is carried out so as to produce a fermented effluent containing ethanol; and d) a step for extracting ethanol from the fermented effluent resulting from step c) is carried out. The method also includes a step e) in which at least one internal aqueous flow, containing ethanol resulting from ethanol fermentation, is recirculated upstream from or within the pretreatment reactor so as to recover an effluent containing ethanol, in vapor phase, that is output from said pretreatment reactor. ( abstract).
D2: Aymard et al. WO2014/060674 also discloses the use of part of solid residues.
D2: Aymard et al. WO2014/060674 Disclose ( From page 15 lines 10-33): An object of the invention is therefore to provide a process for producing ethanol from biomass for which the energy and water budgets are optimized. To this end, there is provided a method for producing ethanol from biomass comprising at least the following steps: a) pretreating the biomass by steam explosion in a pretreatment reactor to provide an effluent containing a pretreated substrate; b) the enzymatic hydrolysis of the pretreated substrate contained in the effluent resulting from step a) is carried out in the presence of cellulolytic and / or hemicellulolytic enzymes so as to produce a hydrolysate containing solubilized sugars; c) the solubilized sugars contained in the hydrolysate from step b) are ethanol fermented in the presence of an alcoholic microorganism so as to produce a fermented effluent containing ethanol; d) a step is carried out for extracting ethanol from the fermented effluent from step c). The process according to the invention also comprises a step e) in which at least one aqueous internal flow comprising ethanol obtained from an ethyl fermentation is recycled upstream of or into the pretreatment reactor, so as to recover at the outlet of said pretreatment reactor a vapor phase effluent containing ethanol. For the purposes of the present invention, the term "ethyl fermentation" denotes a process for the fermentation of sugars into ethanol only by means of microorganisms such as, for example, yeasts or bacteria
From the extraction / purification unit 12, at least: • an effluent containing ethanol is recovered via line 13; · A pulp, withdrawn via line 14, containing an insoluble residue which is partly composed of cellulose and hemicellulose which have not been hydrolyzed and of lignin in mixing with a liquid fraction (vinasse) containing unfermented sugars (pentoses and possibly hexoses). The pulp is transferred to a solid / liquid separation unit from which a wet cake comprising cellulose, hemicellulose which has not been hydrolyzed and lignin is recovered via line 16. line 17, a clarified vinasse containing the unfermented sugars. The clarified vinasse contains, for example, unfermented pentoses (xylose, arabinose), even traces of galactose, which is the most difficult hexose to be metabolized by conventional yeasts, or even traces of glucose if the fermentation has been incomplete. The wet cake can either be reintroduced into the process, or recycled to produce energy, for example by methanation or combustion, or as an agricultural supplement (spreading). With reference to FIG. 1, a fraction of clarified vinasse, between 10% and 90% and preferably between 15% and 60% by weight, is sent via line 17 to an additional ethyl fermentation reactor 19. As shown in FIG. 1, via line 18, all or part of the liquid containing solubilized sugars, possibly including pentoses, and coming from the solid / liquid separation 6 arranged upstream of the conversion unit 8, is also sent to the additional fermentation reactor 19. In the case where all the liquid is not sent to the fermentation reactor 19, the remaining part can be used for example for the production of enzymes or recovered in methane or in energy. The reactor 19 is a pentose fermentation reactor and optionally residual hexoses in ethanol. The microorganisms used for the fermentation of pentoses can be bacteria, yeasts or fungi. (see page 13 line 27 to page 14 upto lines 13)
Therefore it would have been obvious to a person of ordinary skill in the art, at the time of the instant invention is filled to combine the teaching of D1: Aymard et al..( FR 075 201 A1 also published US20200339761) and D2: Aymard etal.WO2014/060674 A1 and modify the method of D1:Aymard etal..( FR 075 201 A1 utilized some portion solid residues to be reintroduced ( as taught by D2: Aymard etal.WO2014/060674 A1 ) for maximum utilization of the lignocellulosic biomass .
Conclusion
Claims 1-15 are rejected and no claim is allowable.
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examiner should be directed to Mohammad Meah whose telephone number is 571-272-
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/MOHAMMAD Y MEAH/Examiner, Art Unit 1652
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