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 § 102
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.
Claims 1-4 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ryan et al. (US 2011/0023360), hereinafter Ryan.
In re. claim 1, Ryan teaches an algae cultivation system comprising: a raceway (fig. 5) including at least one channel (508) (fig. 5), the at least one channel having a sloped bottom (fig. 2) (para [0071]), wherein the raceway includes one of an earthen bottom (constructed by excavating the soil) (para [0044]) or (ii) an earthen bottom and a plastic liner covering the earthen bottom (plastic liner laid in contact with the soil) (para [0044]), wherein the sloped bottom has a slope between 0.5% and - 0.5% (0.1%) (para [0036]), and wherein the at least one channel has an algae cultivation fluid depth of 0.5 to 7 cm (depth during storage of cultivation area is 1-50cm) (para [0084]).
In re. claim 2, Ryan teaches the algae cultivation system of claim 1, wherein the algae cultivation fluid depth is between 0.5 to 6.5 cm (depth during storage of cultivation area is 1-50cm) (para [0084]).
In re. claim 3, Ryan teaches the algae cultivation system of claim 1, wherein the sloped bottom has a slope between 0.1% and 0.1% (0.1%) (para [0036]).
In re. claim 4, Ryan teaches the algae cultivation system of claim 1, further comprising at least one wave generator (barrier (210) may create waves due to difference in elevation between cultivation areas (202a, 202b)) (fig. 2) (para [0060]) confined to a defined region within the raceway, the defined region comprising less than an entire length of the raceway, the length taken along the direction in which waves generated by the wave generator travel (fig. 2).
In re. claim 12, Ryan teaches an algae cultivation system comprising: a raceway (fig. 5) including at least one channel (508) (fig. 5) having an upward or downward gradient of less than 0.5% (0.1%) (para [0036]), and wherein the at least one channel has an algae cultivation fluid depth of 0.5 to 7 cm (depth during storage of cultivation area is 1-50cm) (para [0084]), wherein the raceway includes one of (i) an earthen bottom (constructed by excavating the soil) (para [0044]) or (ii) an earthen bottom and a plastic liner covering the earthen bottom (plastic liner laid in contact with the soil) (para [0044]).
In re. claim 13, Ryan teaches the algae cultivation system of claim 12, wherein the algae cultivation fluid depth is between 0.5 to 6.5 cm (depth during storage of cultivation area is 1-50cm) (para [0084]).
In re. claim 14, Ryan teaches the algae cultivation system of claim 12, wherein the at least one channel has an upward or downward gradient of less than 0.1% (0.1%) (para [0036]).
In re. claim 15, Ryan teaches the algae cultivation system of claim 12, further comprising at least one wave generator (barrier (210) may create waves due to difference in elevation between cultivation areas (202a, 202b)) (fig. 2) (drop produces turbulence) (para [0060]) confined to a defined region within the raceway, the defined region comprising less than an entire length of the raceway, the length taken along the direction in which waves generated by the wave generator travel (fig. 2).
Allowable Subject Matter
Claims 5-11 and 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 Christopher D. Hutchens whose telephone number is (571)270-5535. The examiner can normally be reached M-F 9-5.
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/C.D.H./
Primary Examiner
Art Unit 3647
/Christopher D Hutchens/Primary Examiner, Art Unit 3647
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