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 § 112
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.
Claim 17 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 17 recites the limitation "each dividing gate" in line 1. There is insufficient antecedent basis for this limitation in the claim. The dividing gate is first introduced in claim 16 but claim 17 depends upon claim 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 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.
Claims 1and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Budd et al. (WO 2016077928), hereinafter Budd, in view of Kemp et al. (US 20180116184), hereinafter Kemp, and Fahs (WO 9407361).
Regarding claim 1, Budd teaches of (figs. 1 and 4) a recirculating aquaculture mixed-cell raceway system (¶0009, recirculating raceway with a plurality of sections), the system comprising:
at least one mixed-cell raceway (plurality of interconnected sections);
a drain system (¶00110, the tanks can have a harvest/waste removal drain; fig. 9D, ¶0089, water overflow drains);
the at least one mixed-cell raceway comprising at least one aquaculture growth section (¶0049, the raceways have sections for growing shrimp), a water treatment section (¶0089 and 0092, the system can be connected to a water treatment system), and a water return system (¶0092, water circulation system can have a recirculating aquaculture system (RAS) that returns the treated water for recirculation);
the water treatment section comprising a pumping reservoir (¶0095, can have a pump at the base of each section in a stack of raceways, such that one pump is in a reservoir for that stack of raceways to move water and provide oxygenation to all corresponding sections in the stack);
the at least one aquaculture growth section being positioned adjacent to the water treatment section (figs. 8D, 9A, and 9D, ¶0089, the water treatment system can be fluidly connected to the water outlet 220, which is on weir assembly 100 in a growth section);
the at least one aquaculture growth section, and the pumping reservoir being in fluid communication with each other (¶0092, water is recirculating throughout the whole system);
the at least one aquaculture growth section being in fluid communication with the pumping reservoir via the drain system (fig. 9D, ¶0089, water outlet 220 for water overflow drains can be fluidly connected to water treatment systems and back to the aquaculture growth section; ¶0092, recirculating system requires fluid communication with the drain system); and
the pumping reservoir being in fluid communication with the at least one aquaculture growth section via the water return system (¶0095, the pumping reservoir helps move water, including water from the return system, such that the pumping reservoir is in fluid communication with the at least one aquaculture growth section via the water return system).
Budd does not appear to teach of the water treatment section comprising a first static bed filter (SBF) reservoir, and a moving bed biofilter reactor (MBBR) reservoir,
the at least one aquaculture growth section and the water treatment section being positioned coplanar with each other;
the at least one aquaculture growth section, the first SBF reservoir, the MBBR reservoir, and the pumping reservoir being in fluid communication with each other.
Kemp teaches of a moving bed biofilter reactor (MBBR) reservoir (fig. 9, ¶0106, MBBR 124),
the at least one aquaculture growth section (fig. 9, production sub-units 110, 112, 114, 116, 118, 120, 122) and the water treatment section being positioned coplanar with each other (fig. 9, ¶0105-0106, the aquaculture growth sections 110, 112, 114, 116, 118, 120, 122 are in one stacked planar raceway such that it is coplanar with the water treatment section in that stacked planar raceway),
the at least one aquaculture growth section, the MBBR reservoir, and the pumping reservoir being in fluid communication with each other (¶0105-0106, recirculating loop in which the growth section, MBBR reservoir, and the pumping reservoir are in fluid communication with each other).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Budd to incorporate the teachings of Kemp of a moving bed biofilter reactor (MBBR) reservoir, the at least one aquaculture growth section and the water treatment section being positioned coplanar with each other, and the at least one aquaculture growth section, the MBBR reservoir, and the pumping reservoir being in fluid communication with each other in order to use a water treatment system that has a small footprint and low maintenance in comparison to trickling filters and rotating biological contactors.
Fahs teaches of the water treatment section comprising a first static bed filter (SBF) reservoir (fig. 1, p. 24 line 31-p. 25 line 24, particulate removal apparatus 16 for the aqueous medium in tank 11 can be mechanical filtration using a series of gradually finer screens, membranes, or filter aids which preferably can be reused or recharged or from which the particulate is separated. Such units are static or active screens, membranes made of a variety of filter material and filter aid material),
the at least one aquaculture growth section, the first SBF reservoir, and the pumping reservoir being in fluid communication with each other (fig. 1, abstract, system recirculates the water throughout the sections by using conduits, pumps, and valves).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Budd to incorporate the teachings of Fahs of the water treatment section comprising a first static bed filter (SBF) reservoir and any number of filter systems, the at least one aquaculture growth section, the first SBF reservoir, and the pumping reservoir being in fluid communication with each other in order to have filter systems to clean the water as much as possible from debris and waste and to recirculate the water throughout the whole system to save on water.
Regarding claim 19, Budd as modified teaches of claim 1, and further comprising:
the at least one aquaculture growth section being a plurality of aquaculture growth sections (fig. 4, multiple growth sections A, B, C); and
each of the plurality of aquaculture growth sections being in fluid communication with the water treatment section (¶0089 and 0092, the system can be connected to a recirculating water treatment system such that the whole system is in fluid communication).
Claims 2, 5, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Budd as applied to claim 1 above, and further in view of Holder et al. (US 20220142126), hereinafter Holder.
Regarding claim 2, Budd as modified teaches of claim 1, and (fig. 4) further comprising:
the at least one aquaculture growth section comprising at least one growth cell (¶0049, the raceways have sections for growing shrimp; each section has at least one growth cell);
the at least one growth cell comprising a cell opening and a cell floor (opening to adjacent cell, each cell has a floor);
the drain system comprising at least one gravity-assisted drain (figs. 9C-9D, water outlet 220 uses gravity to drain the water), a drain conduit (fig. 9C, ¶0089, conduit to connect water outlet 220 to a water treatment system), and a filtration reservoir (¶0089, drain system can be connected to a water treatment system that includes a bio-filter reservoir);
the drain conduit being positioned external to the at least one mixed-cell raceway (figs. 8D and 9D, the drain outlet 220 is positioned at the bottom of weir assembly 100 located at the floor of a mixed-cell raceway. Drain conduits connected to the drain outlet 220 would extend past the bottom of the mixed-cell raceway such that it is positioned external to the at least one mixed-cell raceway);
the at least one gravity-assisted drain being on the cell floor (fig. 8D, water outlet 220 at the bottom of weir assembly at the bottom of the cell floor);
the at least one gravity-assisted drain being integrated into the cell floor (figs. 8C and 9D, to exit the raceway drain outlet 220, the outlet has to continue past the cell floor such that the outlet is integrated into the cell floor and the bottom of weir assembly 100);
the at least one gravity-assisted drain being in fluid communication with the filtration reservoir via the drain conduit (fig. 9C, ¶0089, the drain conduit is connected to the water outlet 220 to a water treatment system with a filtration reservoir); and
the filtration reservoir being in fluid communication with the pumping reservoir (for recirculation of the water throughout the system, every system is in fluid communication with each other. The filtration reservoir is in fluid communication with the pumping reservoir at the base of each section in a stack of raceways).
Budd does not appear to teach of the at least one gravity-assisted drain being centered on the cell floor.
Holder teaches of the at least one gravity-assisted drain being centered on the cell floor (¶0006, drain at the center of each of the plurality of virtual cells).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Budd to incorporate the teachings of Holder of the at least one gravity-assisted drain being centered on the cell floor in order to allow for faster drainage as compared to an off-centered drain.
Regarding claim 5, Budd as modified teaches of claim 2, and further comprising:
the at least one growth cell being a plurality of growth cells (fig. 4, plurality of growth cells in each section);
the at least one gravity-assisted drain (fig. 9D, 220) being a plurality of gravity-assisted drains (fig. 4, ¶0064, there can be multiple moveable section dividers 26 to divide the sections. ¶0065, the dividers 26 can be a weir assembly 100 with water outlet 220 such that there is a plurality of gravity-assisted drains in the raceway);
the plurality of growth cells being distributed along the at least one aquaculture growth section (seen in fig. 4); and
each gravity-assisted drain of the plurality of growth cells being integrated into the closed base of the corresponding growth cell of the plurality of growth cells (figs. 8C and 9D, to exit the raceway drain outlet 220, drain outlet 220 and the corresponding outlet out of the raceway has to be integrated into the cell floor and the bottom of weir assembly 100).
Regarding claim 15, Budd as modified teaches of claim 1, and (fig. 4) further comprising:
the at least one aquaculture growth section comprising a plurality of growth cells (seen in fig. 4);
the plurality of growth cells comprising a first terminal cell (first cell in section A by end 64), a second terminal cell (last cell in section C at end 66), and a plurality of intermediate cells (cells in between);
the plurality of growth cells being distributed along the at least one aquaculture
growth section (seen in fig. 4);
the second terminal cell being positioned opposite the first terminal cell along the least one aquaculture growth section (first and second terminal cells being at opposite ends); and
the plurality of intermediate cells being positioned in between the first terminal
cell and the second terminal cell (seen in fig. 4).
Budd does not appear to teach of the first terminal cell being positioned adjacent to the water treatment section.
Holder teaches of the first terminal cell being positioned adjacent to the water treatment section (fig. 1, MBBRs 114 are positioned adjacent to the first terminal cells of each row).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Budd to incorporate the teachings of Holder of the first terminal cell being positioned adjacent to the water treatment section in order to compact the system and directly provide filtered water into the raceway.
Regarding claim 17, Budd as modified teaches of claim 15, and wherein each dividing gate of the plurality of dividing gates is made of a water permeable material (figs. 2A-2B, ¶0060, the section divider 26 can allow passage of water between sections but prevent shrimp from going through. Multiple section dividers 26 can be used throughout the raceway).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Budd as applied to claim 1 above, and further in view of Russek et al. (US 20230200359), hereinafter Russek.
Regarding claim 4, Budd as modified teaches of claim 1, but does not appear to teach of the drain system further comprising a solids removal device;
the solids removal device being mounted within the filtration reservoir; and the filtration reservoir being in fluid communication with the drain conduit via the solids removal device.
Russek teaches of (fig. 6A) the drain system further comprising a solids removal device (¶0063, waste collector 610 includes a solids pump 620 to remove solid waste);
the solids removal device (620) being mounted within the filtration reservoir (mounted in the waste collector 610, which is a filtration reservoir); and the filtration reservoir (610) being in fluid communication with the drain conduit (conduit connected to the solid waste collection pumps 620 when removing the solid waste) via the solids removal device (drain conduit for solid removal is in fluid communication with the filtration reservoir 610 via the solids removal device 620).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Budd to incorporate the teachings of Russek of the drain system further comprising a solids removal device; the solids removal device being mounted within the filtration reservoir; and the filtration reservoir being in fluid communication with the drain conduit via the solids removal device in order to remove solid waste along with any waste water or cleaning waste water.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Holder et al. (US 20220142126), hereinafter Holder, in view of Winton (US 3796414).
Regarding claim 20, Holder teaches of (fig. 1) a moving bed bio reactor (MBBR) system, the system comprising:
a water vessel (¶0007 and 0029, first and/or second water purification subsystem 103, 104 may include one or more MBBRs 114);
one or more surface aerators (¶0007 and 0029, the subsystems may further include one or more surface aerators 119);
a screening mechanism (¶0007 and 0029, filter 116);
an amount of biological media (MBBRs require biological media; ¶0021 bioreactors 114 have biological media); and wherein the one or more surface aerators are used to perform some or all of the functions of biofiltration, carbon dioxide (C02) stripping, oxygenation, and uniform mixing and circulation of the amount of biological media to minimize dead media zones by forcing downward flow to counterbalance the natural buoyancy of MBBR media (¶0007, of the options, the surface aerators are configured for degassing and oxygenating water).
Holder does not appear to teach of wherein the screening mechanism is used to prevent the amount of biological media from entering the one or more surface aerators.
Winton teaches of (fig. 1) wherein the screening mechanism (screen 16) is used to prevent the amount of biological media from entering the one or more surface aerators (col. 2 lines 6-22, intake and screen 16 is at the lower end of the housing 10.; Under some application conditions and in some sizes of aerators water being moved upwardly by the customary lower propeller 28, col. 2 lines 42-61, indicated by the broken lines of FIG. 1, will come in contact in the interior of the propeller 24 with air being forced downwardly by an air fan 30 located on the shaft 14 above the top slot 18. Such fan will draw air into the housing 10 through openings 32 located above the fan 30 and above the surface of the liquid in which the aerator is positioned and force it downward to meet and mix with the upwardly flowing liquid in the interior of and general area of the propeller 24. Examiner notes that The screen 16 being at the bottom of the housing and the aerator being positioned above the surface of the liquid prevents biological media from entering the surface aerator).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Budd to incorporate the teachings of Winton of wherein the screening mechanism is used to prevent the amount of biological media from entering the one or more surface aerators in order to allow mixing and oxygenation of the liquid without particles or other components of the biological media interfering with the aerator.
Allowable Subject Matter
Claims 3, 6-14, 16, 18 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 cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647