DETAILED ACTION
Status of Application
Claims 1-19 are pending
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s election without traverse of Group 1, claims 1-16, drawn to a method, comprising: fermenting a feedstock in a fermentation vessel, yielding a fermentation product including an organic solvent and water, and inert fermentation gases; distilling the fermentation product in a distillation column yielding a first solvent enriched stream; and dehydrating the first solvent enriched stream yielding a second solvent enriched stream having a greater concentration of the organic solvent than the first solvent enriched stream and a water enriched solution, as submitted in communication filed on 07/28/2026 is acknowledged.
Claims 17-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/28/2026.
Claims 1-16, are at issue and will be examined to the extent they encompass the elected invention.
Priority
Acknowledgment is made of applicant’s claim for domestic priority under 35
U.S.C. 119 (e) to provisional Application No. 63/547783 filed on 11/08/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/26/2025
is acknowledged. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings submitted on 11/06/2024 have been reviewed and are accepted by
the examiner for examination purposes.
Claim Rejections - 35 USC § 112(b) or Second Paragraph (pre-AIA )
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 14-16 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 14 is indefinite due to the recitation of “regen stream” for the following reasons: It is unclear because it lacks objective boundaries and the term is not well-defined in the art, making it unclear which stream meets the limitation. Correction is required.
Claim 15 (claim 16 dependent thereon) is indefinite in the recitation of “such as carbon dioxide”, for the following reason: the phrase "such as"/“like” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Correction is required.
Claim Rejections - 35 USC § 102 (AIA )
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sibik et al. (US 9017523 B2 published 04/28/2015; hereby “Sibik”).
Claim 1 as interpreted is directed in part to a method, comprising: fermenting a feedstock in a fermentation vessel, yielding a fermentation product including an organic solvent and water, and inert fermentation gases; distilling the fermentation product in a distillation column yielding a first solvent enriched stream; and dehydrating the first solvent enriched stream yielding a second solvent enriched stream having a greater concentration of the organic solvent than the first solvent enriched stream and a water enriched solution.
Sibik teaches a two-stage scrubber process for ethanol fermentation that has a first stage using fusel oil to remove the hazardous air pollutants and recover the majority of the ethanol, and a second stage that uses water as the scrubbing solvent to recover any residual ethanol that is stripped from the first stage (abstract). Sibik teaches a diagram of an ethanol production system and method using a fusel oil scrubber (Fig 2.) (diagram of Fig 2 below).
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Sibik teaches a two stage scrubber process; wherein a heat exchanger 232 decreases the temperature of the fusel oils drawn from the rectifier column 222, the fusel oils are then fed to a tank 234, the system 200 also includes a molecular sieve/rectifier column or stripper column 236 to treat product from the tank 234 (22). Sibik teaches that the molecular sieve 226, rectifier column 222 and stripper column 224 are used to treat the product from the tank 234 (22). Sibik teaches that in the first stage, hazardous air pollutants produced in the fermentation tank 210 are removed in the fusel oil scrubber 230 using fusel oils fed from the tank 234 by a pump 238 as scrubbing solvent (22). Sibik teaches that in addition to fusel oils, the scrubber solvent also includes water and ethanol, and in the first stage scrubber a majority of the ethanol is recovered; wherein the scrubber solvent, i.e. fusel oil, ethanol and water, is recycled back to the tank 238 (Fig 2.) (22). Sibik teaches that in the second stage, any residual ethanol that is stripped from the first stage is recovered in the second scrubber 240 using water as a scrubbing solvent (24). Sibik teaches that cleaned emissions are released into the atmosphere and the recovered ethanol is stored in a tank 242 together with the water used as scrubbing solvent (24). Sibik teaches that the second scrubber 240 uses a recycle loop, wherein water/ethanol stored in the tank 242 is pumped back by a pump 244 into the second scrubber 240 (24). Sibik teaches that the use of the recycled scrubbing solvent also increases the concentration of ethanol in the scrubbing solvents (25). Sibik teaches that the recovered ethanol stored in the tank 242 is recycled back to the distillation and dehydration process (25).
Sibik teaches a procedure of producing ethanol, as shown in FIG. 5 (diagram of Fig 5 below), that is as follows: mashing feedstock, such as corn, sorghum, barley, wheat, potatoes, sugar cane, agricultural residues etc, by mixing the feedstock with water and other inputs, such as enzymes (step 510) (31); fermenting the mashed feedstock by adding, for example, yeast (step 512) (32); storing the beer product in the beer well 215 (step 514) (33); distilling the beer into ethanol (step 516) reaching 95% purity in the rectifier column 222 (34); other by-products including fusel oils are also isolated in the rectifier column 222; dehydrating the ethanol (step 518) into 99.4% ethanol in the molecular sieve 226, for example by using a desiccant (35); storing the ethanol for usage and/or transport (step 520) (36); tapping fusel oil produced and trapped in the rectifier column 222 (step 532) (37); decreasing the temperature of the tapped fusel oil blend in the heat exchanger 232 (step 534) (38); removing air pollutants produced under the fermentation process in the first scrubber 230 using the tapped fusel oil blend as scrubber solvent (step 536) (39).
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Sibik teaches a procedure of recovering ethanol from fusel oils in an ethanol production process, as shown in FIG. 6 (diagram of Fig 6 below), that is as follows: tapping fusel oil produced and trapped in the rectifier column 222 (step 610) (42); ethanol and water are also tapped together with the fusel oil; decreasing the temperature of the tapped fusel oil blend in the heat exchanger 232 (step 612) (43); removing air pollutants produced under the fermentation process in the first scrubber 230 using the tapped fusel oil blend as scrubber solvent (step 614) (44); recovering ethanol using water as scrubbing solvent in the second scrubber 240 (step 616) (45).
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Sibk teaches that by recovering the majority of the ethanol vapors and mists from the fermentation cycle in the first stage scrubber, the concentration of the ethanol in the scrubbing solvent is increased (18).
Sibik teaches an improvement to an ethanol production process, wherein the process is conducted in a system comprising: a fermenter comprising a beer product line and a vented gas line configured to ferment a mashed feedstock into a beer product and producing ethanol and air pollutants; a distillation column operatively connected to the beer product line and comprising at least one fusel oil side tap configured to distill the beer product into ethanol and producing fusel oils comprising additional ethanol; a first scrubber operatively connected to the vented gas line; and a second scrubber operatively connected to the first scrubber; the improvement comprising: the first scrubber being configured to remove the air pollutants produced by the fermenter and to recover the ethanol produced by the fermenter and the additional ethanol in the fusel oils produced by the distillation column using a scrubber solvent including the fusel oils produced by the distillation column; and the second scrubber being configured to receive and recover the ethanol recovered by the first scrubber using water as a scrubber solvent (claim 8). Sibik teaches that the process for ethanol fermentation yields carbon dioxide that is then vented after being released into the atmosphere (27-29).
Therefore, the teachings of Sibik anticipate the instant claim as written/interpreted.
Claims 1 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andrade et al. (US 20220048841 A1 published 02/17/2022; hereby “Andrade”).
Claim 1 as interpreted is directed in part to a method, comprising: fermenting a feedstock in a fermentation vessel, yielding a fermentation product including an organic solvent and water, and inert fermentation gases; distilling the fermentation product in a distillation column yielding a first solvent enriched stream; and dehydrating the first solvent enriched stream yielding a second solvent enriched stream having a greater concentration of the organic solvent than the first solvent enriched stream and a water enriched solution. Claims 15-16 as interpreted are a method to remove low boiling organic compounds from fuel grade or high-grade ethanol streams using an inert gas, such as carbon dioxide, existing at a plant or from an external source as a gas source through a system comprising a blower, a tank with sparging network, and a vent recovery system; wherein the method is performed under vacuum conditions using a vent exhauster system.
Andrade teaches high-grade ethanol production systems and methods that increase energy efficiency as compared to typical systems and methods by minimizing undesired acetal formation; where the ethanol production method may include a low boiler removal distillation column and/or a stripper column constructed to simultaneously remove at least a portion of the acetaldehyde and at least a portion of the acetal from a feed stream in the presence of water (Abstract). Andrade teaches that the low boiler removal process may be followed by a water removal process, which may be followed by a high boiler removal process (Abstract). Andrade teaches that acidity (e.g., carbon dioxide) may be removed from a feed stream prior to or during the low boiler removal process [0025]. Andrade teaches that the order of processes in such aspects (low boiler removal followed by water removal followed by high boiler removal) helps minimize acetal production by removing the low boiling components acetaldehyde and ethyl acetate before the dehydration step [0025]. Andrade teaches that the low boilers removal distillation column generates an overhead stream that includes low boiling components, which is then removed (e.g., vented) from the system [0028]. FIG. 1 of Andrade illustrates an ethanol production system having two low boilers removal distillation columns, according to an aspect of the present disclosure. FIG. 4 of Andrade illustrates an ethanol production system having a dehydration system including a stripper column configured to remove low boiling components, according to an aspect of the present disclosure.
Therefore, the teachings of Andrade anticipate the instant claims as written/interpreted.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andrade et al. (US 10874956 B2 published 12/29/2020; hereby “Andrade2”).
Claim 1 as interpreted is directed in part to a method, comprising: fermenting a feedstock in a fermentation vessel, yielding a fermentation product including an organic solvent and water, and inert fermentation gases; distilling the fermentation product in a distillation column yielding a first solvent enriched stream; and dehydrating the first solvent enriched stream yielding a second solvent enriched stream having a greater concentration of the organic solvent than the first solvent enriched stream and a water enriched solution.
Andrade2 teaches a method for dehydrating a product stream in ethanol production, the method comprising: receiving, at a first beer column, a first portion of a feed mixture including ethanol and water to form a first beer column bottom stream and a first beer column vaporous overhead stream; receiving, at a second beer column, a second portion of the feed mixture, wherein the second beer column is operated at a higher pressure than the first beer column to form a second beer column bottom stream and a second beer column vaporous overhead stream, directing a first portion of the first beer column bottom stream to a first beer column reboiler, a second portion of the first beer column bottom stream to a plurality of evaporators, and at least a first portion of the second beer column bottom stream to a second beer column reboiler; condensing the first beer column vaporous overhead stream; directing at least a portion of the second beer column vaporous overhead stream to a separation system via at least one of the plurality of evaporators, the separation system including a stripper column and a membrane; directing a condensed portion of the first beer column vaporous overhead stream to the separation system; forming a permeate and a retentate via the separation system; and directing at least a portion of the permeate directly to at least one selected from the first beer column, the second beer column, and the stripper column (claim 1). Andrade teaches that the concentration of ethanol after polishing is 99% or higher (21).
Therefore, the teachings of Andrade2 anticipate the instant claims as written/interpreted.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blum et al. (US 10486079 B1 published 11/26/2019; hereby “Blum”).
Claim 1 as interpreted is directed in part to a method, comprising: fermenting a feedstock in a fermentation vessel, yielding a fermentation product including an organic solvent and water, and inert fermentation gases; distilling the fermentation product in a distillation column yielding a first solvent enriched stream; and dehydrating the first solvent enriched stream yielding a second solvent enriched stream having a greater concentration of the organic solvent than the first solvent enriched stream and a water enriched solution.
Blum teaches a method of dehydrating a byproduct stream in ethanol production, the method comprising: distilling a feed mixture including ethanol and water with a distillation unit to remove at least a portion of the water, and form a distillation unit bottom stream, a vaporous overhead stream, and a fusel oil stream; contacting a molecular sieve unit with a first byproduct stream comprising at least one selected from the group consisting of a portion of the vaporous overhead stream and a portion of the fusel oil stream, thereby forming a product stream; cyclically regenerating the molecular sieve unit to form one or more regenerate streams; contacting a second byproduct stream comprising at least one of (1) the regenerate streams and (2) at least a portion of the fusel oil stream with a separation system, thereby forming a permeate and a retentate; forwarding at least a portion of the retentate into the product stream; returning at least either a first portion of the permeate into a stripper/vaporizer of the separation system, or a second portion of the permeate to at least one of the distillation units; and exchanging heat between the at least a portion of the retentate and at least one selected from the group consisting of the feed mixture, the distillation unit bottom stream, the first byproduct stream, and a portion of the regenerate streams (claim 1). Blum teaches that in the beer column 170, the feed mixture 140 is distilled, increasing the ethanol concentration up to 65%, and in the stripper/rectifier column 180 the ethanol concentration is further increased to around 90 vol % (15).
Therefore, the teachings of Blum anticipate the instant claims as written/interpreted.
Claims 1 and 15-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Andrade et al. (US 12122738 B2 filed 07/07/2023; hereby “Andrade3”).
Claim 1 as interpreted is directed in part to a method, comprising: fermenting a feedstock in a fermentation vessel, yielding a fermentation product including an organic solvent and water, and inert fermentation gases; distilling the fermentation product in a distillation column yielding a first solvent enriched stream; and dehydrating the first solvent enriched stream yielding a second solvent enriched stream having a greater concentration of the organic solvent than the first solvent enriched stream and a water enriched solution. Claims 15-16 as interpreted are a method to remove low boiling organic compounds from fuel grade or high-grade ethanol streams using an inert gas, such as carbon dioxide, existing at a plant or from an external source as a gas source through a system comprising a blower, a tank with sparging network, and a vent recovery system; wherein the method is performed under vacuum conditions using a vent exhauster system.
Andrade3 teaches an ethanol production system comprising: a low boilers removal subsystem including a low boilers removal (LBR) distillation column configured to: receive a first feed stream including ethanol, low boiling components having associated boiling points lower than a boiling point of ethanol, high boiling components having associated boiling points higher than the boiling point of ethanol, wherein the high boiling components include water, form a polynary mixture with a plurality of azeotropes split from one another into separate distillation zones that are in fluid communication with one another within the LBR distillation column, remove from the LBR distillation column a stream of a first azeotrope of the plurality of azeotropes as an overhead stream that includes at least a portion of the low boiling components, and produce a first bottom stream from a second azeotrope of the plurality of azeotropes; a water removal subsystem in fluid communication with the low boilers removal subsystem, the water removal subsystem configured to: receive a second feed stream, the second feed stream including at least a portion of the first bottom stream, that includes ethanol and high boiling components including water, remove substantially all of the water from the second feed stream to produce an anhydrous stream; and a high boilers removal subsystem in fluid communication with the water removal subsystem, the high boilers removal subsystem including a high boilers removal (HBR) distillation column configured to: receive a third feed stream, the third feed stream including ethanol and high boiling components, the third feed stream including at least a portion of the anhydrous stream, remove at least a portion of the high boiling components of the third feed stream via a second bottom stream of the HBR distillation column, and produce an HBR distillation column overhead stream that consists of a high-grade ethanol product that comprises fewer impurities than fuel grade ethanol (claim 1). Andrade3 teaches the low boilers removal distillation column generates an overhead stream that includes low boiling components, which is then removed (e.g., vented) from the system (16).
Therefore, the teachings of Andrade3 anticipate the instant claims as written/interpreted.
Claims 1 and 15-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Andrade et al. (US 11697630 B2 filed 08/20/2021; hereby “Andrade4”).
Claim 1 as interpreted is directed in part to a method, comprising: fermenting a feedstock in a fermentation vessel, yielding a fermentation product including an organic solvent and water, and inert fermentation gases; distilling the fermentation product in a distillation column yielding a first solvent enriched stream; and dehydrating the first solvent enriched stream yielding a second solvent enriched stream having a greater concentration of the organic solvent than the first solvent enriched stream and a water enriched solution. Claims 15-16 as interpreted are a method to remove low boiling organic compounds from fuel grade or high-grade ethanol streams using an inert gas, such as carbon dioxide, existing at a plant or from an external source as a gas source through a system comprising a blower, a tank with sparging network, and a vent recovery system; wherein the method is performed under vacuum conditions using a vent exhauster system.
Andrade4 teaches an ethanol production method comprising: a low boilers removal process including: receiving at a first distillation column, a first feed stream including ethanol, low boiling components having associated boiling points lower than a boiling point of ethanol, high boiling components having associated boiling points higher than the boiling point of ethanol, wherein the high boiling components include water; forming, within in the first distillation column, a polynary mixture with a plurality of azeotropes split from one another into separate distillation zones that are in fluid communication with one another within the first distillation column; removing, from the first distillation column, a stream of a first azeotrope of the plurality of azeotropes as an overhead stream that includes at least a portion of the low boiling components and a first portion of the high boiling components; and producing a first bottom stream from a second azeotrope of the plurality of azeotropes from the first distillation column; a water removal process including: receiving a second feed stream including ethanol and high boiling components that include water, the second feed stream including at least a portion of the first bottom stream; and removing substantially all of the water from the second feed stream to produce an anhydrous stream; and a high boilers removal process including: receiving in a second distillation column, a third feed stream including ethanol and high boiling components including a second portion of the high boiling components and water, the third feed stream being at least a portion of the anhydrous stream; removing at least a portion of the high boiling components of the third feed stream from the third feed stream via a bottom stream of the second distillation column; and producing an overhead stream from the second distillation column, wherein the overhead stream of the second distillation column consists of a high-grade ethanol product that comprises fewer impurities than fuel grade ethanol (claim 1). Andrade4 teaches the low boilers removal distillation column generates an overhead stream that includes low boiling components, which is then removed (e.g., vented) from the system (16).
Therefore, the teachings of Andrade4 anticipate the instant claims as written/interpreted.
Claim Rejections - 35 USC § 103 (AIA )
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.
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.
Claims 1-10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sibik et al. (US 9017523 B2 published 04/28/2015; hereby “Sibik”), in view of Gao et al. (US 20230113411 A1 published 04/13/2023; hereby “Gao”), as evidenced by Hengko® (Hengko, Everything You Need to Know About Sparger in Fermenter, posted 05/05/2023; hereby “Hengko”).
The teachings of Sibik are discussed above. Additionally, Sibik teaches that the CO2 scrubber captures ethanol vapors and mists that are returned to the process through the process condensate storage tank; wherein cleaned emissions are released into the atmosphere and water slurry is returned to the process to the slurry mix processor 112 via a process condensate storage tank 150 and a pump 155 (8).
Sibik does not explicitly teach yielding a permeate solution and a retentate solution, or condensing the permeate solution and recycling the permeate solution; wherein the permeate solution is combined with at least one other feed stream between being condensed and being distilled. Sibik does not expressly teach the recited bottom streams and overhead streams. Sibik does not expressly teach sparging the water enriched solution with the insert fermentation gases and venting the inert fermentation.
Gao teaches a process and apparatus for producing and recovering at least one fermentation product from a fermentation process using a C1-containing gas passed to a fermentation bioreactor, that produces a fermentation broth comprising at least one of a first product stream comprising ethanol and water or a second product stream comprising ethanol, acetone, and water or a third product stream comprising ethanol, acetone, isopropanol, and water (abstract). Gao teaches the purge stream 400 having ethanol and water is produced and is withdrawn from the drying unit 160 and returned to the rectification unit 120 for further separation; wherein the drying unit 160 employs a polymeric membrane to remove water from the product stream, such as the overhead ethanol stream, only one adsorbent bed needs to be used [0060]. Gao teaches that the polymeric membrane produces a retentate stream and a permeate stream [0060]. Gao teaches that the permeate or retentate stream, depending on the choice of membrane and separation conditions, is analogous to the purge stream 400 in the case of adsorbent using drying units, and is returned to the rectification unit 120. Gao teaches that the rectification unit 120 produces an overhead stream 325 enriched in acetone and ethanol and a bottom water stream 245 which is recycled to the fermentation bioreactor 430 [0061]. Gao teaches that concentrated stream 315 enriched in acetone and ethanol sourced from the vacuum distillation unit 110 overhead 217 via the MVR system 700 passes through the rectification unit 120 [0062]. Gao teaches that the “vacuum distillation unit” recovers one or more “low boiling fermentation product”; wherein a “low boiling fermentation product” may include, but is not limited to, ethanol [0037]. Gao teaches a system to recover at least one product from a gas fermentation process comprises (a) a C1-gas fermentation bioreactor in fluid communication with a vacuum distillation unit configured to produce an enriched ethanol stream and a product depleted stream from a first product stream comprising ethanol and water, and (b) a rectification unit in fluid communication with the vacuum distillation unit, the rectification unit being configured to produce an overhead ethanol stream and a bottom water stream [0012]. Gao teaches that the bioreactor includes a fermentation device consisting of one or more vessels and/or towers or piping arrangements which includes, a Bubble Column or other vessel or other device suitable for gas-liquid contact wherein the bioreactor receives a gaseous substrate comprising carbon dioxide [0026].
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The purpose of sparging with carbon dioxide is for fermentation processes to maintain an optimal level of dissolved oxygen in the culture medium, which is essential for the growth and metabolism of microorganisms, to control the PH, temperature and mixing of the vessel contents, and to ensure consistent and efficient fermentation (Page 1, Section: What is a Sparger in Fermenter) as evidenced by Hengko.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the process of Gao into the process of Sibik, including sparging the water enriched solution with the insert fermentation gases, venting the inert fermentation gases, production of a permeate and retentate solutions, production of overhead and bottom streams, condensing the permeate solution and recycling the permeate solution. A person of ordinary skill in the art is motivated to incorporate the methods of Gao into the process of Sidik because the recited methods improve processing and separation techniques used for the production, recovery, and purification of ethanol as taught by Gao. Accordingly, one of ordinary skill in the art would have reasonable expectation of success at improving the recovery and purity of ethanol in the methods of Sidik with the additional methods of Gao. Therefore, the invention as a whole would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention.
Claims 11-13, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sibik et al. (US 9017523 B2 published 04/28/2015; hereby “Sibik”), in view of Gao et al. (US 20230113411 A1 published 04/13/2023; hereby “Gao”), as evidenced by Hengko® (www.Hengko.com, Everything You Need to Know About Sparger in Fermenter, posted 05/05/2023; hereby “Hengko”), as applied to claims 1-10, and 14, in further view of Zhang et al. (Energies 14.22 (2021): 7570; hereby “Zhang”).
The combined teachings of Sibik and Gao are discussed above, along with the evidence of Hengko.
Regarding claims 11-13 and 15-16, the combined teachings of Sibik and Gao do not expressly teach the claimed vent exhauster system.
Zhang teaches factors such as exhaust fan position (EFP), air change rate per hour (ACH), natural vent location (NVL) that may be used to improve the poor indoor air quality (Abstract). Zhang teaches contaminant removal efficiency is high when the exhaust fan is installed near fermentation tanks (Page 19; Section: 5. Conclusion 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings of Zhang into the fermentation system of Sibik and Gao by providing a vent exhauster system having an exhaust fan. A person of ordinary skill in the art is motivated to improve ventilation of the fermentation system of Sibik and Gao by incorporating a vent exhauster system because Zhang teaches that contaminant removal efficiency is increased when an exhaust fan is near the source of fermentation, and Sibik already utilizes vents for air pollutants. One of ordinary skill in the art has a reasonable expectation of success at arriving to utilizing a vent exhaust system because all the is required is adding an exhaust fan to the combined method Sibik and Gao. Therefore, the invention as a whole would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 15 and 16 are rejected on the grounds of nonstatutory double patenting as being unpatentable over claims 1 and 7 of U.S. Patent No. 11697630 in view of US 20220048841 A1. Claim 1 and 7 of U.S. Patent No. 11697630 are directed to an ethanol production method comprising: a low boilers removal process including: receiving at a stripper column at least one feed stream including ethanol, low boiling components, high boiling components, and water; removing at least a portion of the low boiling components from the at least one feed stream via an overhead stream of the stripper column; a water removal process including: generating a vaporous stream from the at least one feed stream via the stripper column; removing at least a portion of the water from the vaporous stream via one or more membranes to produce an anhydrous stream including ethanol and high boiling components; and a high boilers removal process including: receiving the anhydrous feed stream; removing at least a portion of the high boiling components of the anhydrous feed stream from the anhydrous feed stream via a bottom stream of a distillation column; and producing an overhead stream from the distillation column, wherein the overhead stream includes a high-grade ethanol product, further comprising removing at least a portion of carbon dioxide contained in the at least one feed stream from the at least one feed stream prior to receiving the at least on feed stream at the stripper column; wherein removing the portion of the low boiling components includes venting the portion of the low boiling components. The claims of U.S. Patent No.11697630 do not address the venting system of claims 15-16 of the instant case. However, US 20220048841 A1 discloses the use of a venting system in the use methods for high-grade ethanol production with increased energy efficiency [0048]. Therefore, it would have been obvious to modify the teachings of U.S. Patent No.11697630, to include the vent system of US 20220048841 A1. One would be motivated to combine the references above because claim 1 of U.S. Patent US 11697630 involves removing carbon dioxide contained a feed stream while US 20220048841 A1 discloses the use of a vent system to remove carbon dioxide [0028], thereby providing an efficient ethanol production process. Accordingly, it would have been obvious to one of ordinary skill in the art to modify the process of U.S. Patent No. 11697630 in view of US 20220048841 A1. Therefore claims 15-16 are an obvious variation of the claims of U.S. Patent No. 11697630.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10874956 in view of US 20210113937 A. Claim 1 of U.S. Patent No. 10874956 is directed to a method for dehydrating a product stream in ethanol production, the method comprising: receiving, at a first beer column, a first portion of a feed mixture including ethanol and water to form a first beer column bottom stream and a first beer column vaporous overhead stream; receiving, at a second beer column, a second portion of the feed mixture, wherein the second beer column is operated at a higher pressure than the first beer column to form a second beer column bottom stream and a second beer column vaporous overhead stream, forwarding a first portion of the first beer column bottom stream to a first beer column reboiler, a second portion of the first beer column bottom stream to a plurality of evaporators, and at least a portion of the second beer column bottom stream to a second beer column reboiler; condensing the first beer column vaporous overhead stream; forwarding a condensed portion of the first beer column vaporous overhead stream to a stripper column, wherein the stripper column forms a feed stream; contacting the feed stream with a separation system, thereby forming a permeate and a retentate; and forwarding at least a portion of the permeate directly to at least one selected from the first beer column and the stripper column.
Claim 1 of U.S. Patent No. 10874956 does not recite the fermentation and distillation steps recited in claim 1 of the instant application. However, US 20210113937 A1 discloses processes and systems for ethanol production during fermentation that involves distillation to reduce steam consumption without reducing capacity and/or concentration (32-36). One would be motivated to combine the references above because the use of the teachings in US 20210113937 A1 would improve the ethanol production of claim 1 of U.S. Patent No. 10874956. Accordingly, it would have been obvious to one of ordinary skill in the art to modify the process of Claim 1 of U.S. Patent No. 10874956 in view of US 20210113937 A1. Therefore claim 1 of this instant case is an obvious variation of claim 1 of U.S. Patent No. 10874956.
Claim 1 rejected on the grounds of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10486079 in view of US 20200086227 A1.
Claim 1 of U.S. Patent No. 10486079 is directed in part to a method of dehydrating a byproduct stream in ethanol production, the method comprising: distilling a feed mixture including ethanol and water with a distillation unit to remove at least a portion of the water, and form a distillation unit bottom stream, a vaporous overhead stream, and a fusel oil stream; contacting a molecular sieve unit with a first byproduct stream comprising at least one selected from the group consisting of a portion of the vaporous overhead stream and a portion of the fusel oil stream, thereby forming a product stream; cyclically regenerating the molecular sieve unit to form one or more regenerate streams; contacting a second byproduct stream comprising at least one of (1) the regenerate streams and (2) at least a portion of the fusel oil stream with a separation system, thereby forming a permeate and a retentate; forwarding at least a portion of the retentate into the product stream; returning at least either a first portion of the permeate into a stripper/vaporizer of the separation system, or a second portion of the permeate to at least one of the distillation units; and exchanging heat between the at least a portion of the retentate and at least one selected from the group consisting of the feed mixture, the distillation unit bottom stream, the first byproduct stream, and a portion of the regenerate streams. Claim 1 of U.S. Patent No. 10486079 does not recite the fermentation step recited in claim 1 of the instant application. US 20200086227 A1. teaches fermentation streams are used to produce ethanol (37). One would be motivated to combine the references above because the fermentation streams in US 20200086227 A1 would permit the production of ethanol in claim 1 of U.S. Patent No. 10486079. Accordingly, it would have been obvious to one of ordinary skill in the art to modify the process of Claim 1 of U.S. Patent No. 10486079 in view US 20200086227 A1. Therefore claim 1 of this instant case is an obvious variation of Claim 1 of U.S. Patent No. 10486079.
Conclusion
No claim is in condition for allowance.
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/S.L.S./Examiner, Art Unit 1652
/ROBERT B MONDESI/Supervisory Patent Examiner, Art Unit 1652
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