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.
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 5, 10-11 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 5 recites, “one or more environmental adjustment devices” however claim 10 further requires “the lighting devices positioned at a centroid location of each of the first agitation vortex and the second agitation vortex” which would require two or more lighting devices. Thus it is unclear as to the scope of what is actually required by the claim.
Claim 10 recites, “one or more environmental adjustment devices” however claim 10 further requires those device be an agitation device, lights, and nutrient inlets, which would require three or more environmental devices. Thus it is unclear as to the scope of what is actually required by the claim.
Claim 11 is rejected based on its dependency on 10.
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.
(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(s) 1, 2, 4, 9, 12 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by High Energy Algal Fuels (NPL provided by applicant, hereafter referred to as High).
For claim 1, High discloses a system for growth of aquatic botanical material comprising:
a basin defining a length, a variable depth, and a width, wherein the width has a substantially parabolic cross-sectional shape (see pages 21-29 demonstration project 1 for instance, parabolic array of tanks, see fig. page 21).
For claim 2, High further discloses an agitation device (page 33-34, demonstration project 7, central aeration line).
For claim 4, High further discloses wherein the basin comprises a first end wall and a second end wall, the length being defined by the first end wall and the second end wall; and an agitation device comprising a sparge line positioned between the first end wall to the second end wall (page 33-34, central aeration line).
For claim 9, High discloses a system for growth of aquatic botanical material (pages 21-34 for instance) comprising:
a basin defining a length, a variable depth, a width, and a basin volume, wherein the width has a substantially parabolic cross-sectional shape (parabolic array of tanks, see demonstration 7, pages 33-34 for instance); and
one or more environmental adjustment devices configured to adjust one or more environmental characteristics within the basin volume (central aeration lines, pages 33-34).
For claim 12, High discloses method of growing an aquatic botanical material (see description), the method comprising:
positioning a growth media within a basin volume of a basin, the basin defining a length, a variable depth, and a width, wherein the width has a substantially parabolic cross-sectional shape (pages 21-34, for instance demonstration 7, pages 24-25); and depositing the aquatic botanical material within the basin volume for a growth period (algae deposited for growth).
Claim(s) 1, 2, 4, 8, 9, 10, 12, 13, 14 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Goldberg (US 2022/0195357).
For claim 1, Goldberg discloses a system for growth of aquatic botanical material (abstract and figs.) comprising:
a basin defining a length, a variable depth, and a width, wherein the width has a substantially parabolic cross-sectional shape (100, see fig. 1A)
For claim 2, Goldberg further discloses an agitation device (101, para 0072).
For claim 4, Goldberg further discloses wherein the basin comprises a first end wall and a second end wall, the length being defined by the first end wall and the second end wall; and an agitation device comprising a sparge line positioned between the first end wall to the second end wall (101, Fig. 1A).
For claim 8, Goldberg further discloses wherein the basin comprises a substrate of earth defining a basin volume (at least water defining the inner volume of the basin, materials making the basin are all substrates of earth, furthermore placed in a pond).
For claim 9, Goldberg discloses a system for growth of aquatic botanical material (abstract and figs.) comprising:
a basin defining a length, a variable depth, a width, and a basin volume, wherein the width has a substantially parabolic cross-sectional shape (100, fig. 1A); and
one or more environmental adjustment devices configured to adjust one or more environmental characteristics within the basin volume (101, para 0072).
For claim 10, Goldberg further discloses
one or more sensors operable to detect one or more characteristics of the aquatic botanical material within the basin (para 0043 light sensor, para 0055 other sensors);
a control unit configured to execute logic that causes the control unit to:
detect a condition of the aquatic botanical material within the basin based on a signal from the one or more sensors (para 0043 detect amount of light in cage); and
adjust the one or more environmental characteristics within the basin with the one or more environmental adjustment devices, wherein the one or more environmental adjustment devices comprise:
an agitation device (101, para 0072);
a light positioned along the length of the basin, wherein at least one of a brightness of emitted light or a wavelength of the emitted light is adjustable (para 0043, activating light changes light brightness, at least one light, unclear if all three limitations are required based on 112b); and
a plurality of nutrient inlets positioned along the length of the basin (para 0037-0038).
For claim 12, Goldberg discloses method of growing an aquatic botanical material (abstract and figs.), the method comprising:
positioning a growth media within a basin volume of a basin, the basin defining a length, a variable depth, and a width, wherein the width has a substantially parabolic cross-sectional shape (Fig. 1A, 100); and depositing the aquatic botanical material within the basin volume for a growth period (algae deposited for growth).
For claim 13, Goldberg further discloses
receiving a signal from one or more sensors, wherein the signal is indicative of a growth condition of the aquatic botanical material (para 0043 light sensor);
determining the growth condition of the aquatic botanical material based on the signal; and adjusting one or more environmental characteristics within the basin volume with one or more environmental adjustment devices based on the growth condition of the aquatic botanical material (para 0043 light adjustment).
For claim 14, Goldberg further discloses wherein the one or more environmental adjustment devices comprises:
an agitation device positioned within the basin volume (101, para 0072),
an adjustable lighting device positioned along the length of the basin (para 0043, 0058); or
a plurality of nutrient inlets positioned along the length of the basin (para 0037-0038).
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.
Claim(s) 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Raffael (GB 2501101, provided herein).
For claim 3, Goldberg is silent about a liner within a basin volume of the basin, wherein the basin comprises a parabolic surface, and the liner is disposed adjacent the parabolic surface or the liner is disposed contiguous with the parabolic surface.
Raffael teaches known algae culture basins including liners disposed adjacent to the surface of the basin (page 8, lines 1-6).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of Goldberg include a tank liner adjacent to the parabolic surface, as taught by the liners of Raffael, in order to allow for different colors to manipulate the wavelength ratio experience by the algae (page 8, lines 1-6 of Raffael).
For claim 7, Goldberg is silent about wherein the basin comprises a first berm along a first longitudinal side of the basin and a second berm positioned along a second longitudinal side of the basin, wherein the first berm and the second berm are raised relative to a surrounding floor.
Raffael teaches known algae culture basins including berms along the sides thereof (see Fig. 1, page 11, lines 24-25).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the basin of Goldberg include berms on the sides thereof, as taught by Raffael, in order to form and reinforce the walls of the basin.
Claim(s) 5, 19, 6 is rejected under 35 U.S.C. 103 as being unpatentable over Goldberg.
For claim 5, Goldberg further teaches the agitation device is located at a vertex of the substantially parabolic cross-sectional shape; the agitation device is configured to produce a first agitation vortex on a first side of the basin and a second agitation vortex on a second side of the basin (see Fig. 1a, line 100 and visible vortex); and
one or more lighting devices (para 0032-0035, 0039-0040).
Goldberg is silent about the lighting devices positioned at a centroid location of each of the first agitation vortex and the second agitation vortex.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include a two lights, in order to effectively light all the algae, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to position the lights of Goldberg at a centroid location of the vortez, in order effectively light all the algae in the tank and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
For claim 19, modified Goldberg further teaches wherein the agitation device is a sparge line (101, see fig. 1A).
For claim 6 Goldberg further discloses
a lighting device positioned along the length of the basin (par 0032-0035, 0039-0040), wherein at least one of a brightness of emitted light or a wavelength of the emitted light is adjustable (para 0039-0040, 0043); and/or a housing enclosing a top side of the basin, wherein the housing filters ambient light entering the housing, wherein the filtered ambient light primarily comprises green and blue wavelengths.
Goldberg is silent about a plurality of lights.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include a plurality of lights, in order to effectively light all the algae, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Oyler (US 9003695).
For claim 11, Goldberg further teaches a sparge line (101).
Goldberg is silent about the sparge line releasing carbon dioxide.
Oyler teaches an algae cultivation system including the injection of carbon dioxide (Col. 12, lines 13-27).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of Goldberg release CO2, as taught by Oyler, in order to provide a growth nutrient to the algae (Oyler, Col. 12, lines 13-27).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Zhu Peng et al. “Commercial Cultivation, industrial application, and potential halocarbon biosynthesis pathway of Asparagopsis sp.” (provided by applicant, hereafter referred to as Zhu).
For claim 15, Goldberg is silent about increasing production of bromoform and/or other halogenated materials by the aquatic botanical material by adjusting one or more environmental characteristics within the basin volume.
Zhu teaches algae farming to increase production of bromoform and/or other halogenated materials by the aquatic botanical material by adjusting one or more environmental characteristics within the basin volume (abstract).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of Goldberg to increase bromoform/halogenated materials, as taught by Zhu, in order to farm those materials.
Claim(s) 16-18, 20 are is rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Li (CN 109997771, provided herein, see English translation provided herein, hereafter referred to as Li)
For claim 16, Goldberg further teaches
an agitation device (101);
one or more sensors configured to output a signal indicative of a growth condition within a basin volume of the basin (para 0055); and
a control unit communicatively coupled to the agitation device and one or more sensors (para 0055).
Goldberg is silent about the control unit configured to receive the signal of the growth condition within the basin volume of the basin; and selectively agitate contents within the basin volume of the basin with the agitation device in response to the signal of the growth condition within the basin volume of the basin.
Li teaches an algae cultivation system including an aeration device (see figs. 1) and a control, wherein the control unit is configured to receive the signal of the growth condition within the basin volume of the basin; and selectively agitate contents within the basin volume of the basin with the agitation device in response to the signal of the growth condition within the basin volume of the basin (see description, “adjusting the air inlet speed of aeration device, when the dissolved oxygen of the water is lower than 5 mg/L. air inletting speed regulating high aeration device until the dissolved oxygen reaches more than 7 mg/L”)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of Goldberg include the control of Li, in order to maintain the system and algal growth as desired.
For claim 17, modified Goldberg further teaches comprising one or more lighting devices communicatively coupled to the control unit (para 0043, 0058), wherein the control unit adjusts the one or more lighting devices in response to the signal of the growth condition within the basin volume of the basin (par 0043, 0058).
For claim 18, modified Goldberg further teaches wherein the one or more lighting devices are positioned above the basin and comprise an adjustable lighting devices (para 0040) positioned along the length of the basin, wherein at least one of a brightness of emitted light or a wavelength of the emitted light is adjustable (para 0043, activating adjusts brightness).
Modified Goldberg is silent about a plurality of lights.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include a plurality of lights into modified Goldberg, in order to effectively light all the algae, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
For claim 20, modified Goldberg further teaches wherein the one or more sensors comprise an optical sensor operable to output an optical signal with respect to at least one of light penetration and growth media reflectance (para 0043).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of record is noted as it pertains to algae growth systems in parabolic tanks and/or algae growth systems with agitation devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642