Prosecution Insights
Last updated: April 19, 2026
Application No. 17/558,321

CAPTURING CARBON DIOXIDE

Final Rejection §102§112
Filed
Dec 21, 2021
Examiner
HOBSON, STEPHEN
Art Unit
1776
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Carbon Engineering Ulc
OA Round
4 (Final)
65%
Grant Probability
Favorable
5-6
OA Rounds
3y 2m
To Grant
86%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
398 granted / 611 resolved
At TC average
Strong +21% interview lift
Without
With
+21.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
53 currently pending
Career history
664
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
19.7%
-20.3% vs TC avg
§112
30.5%
-9.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 611 resolved cases

Office Action

§102 §112
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(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. Claim 100 is 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 100 recites the limitation "the packing". There is insufficient antecedent basis for this limitation in the claim. 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. Claim 100 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Libert US 2020/0230548 (hereafter Libert). Regarding claim 1, Libert teaches a gas-liquid contacting system (¶1), comprising: a gas-liquid contactor (Fig 1), comprising: a housing coupled to a plurality of structural members (Fig 4); one or more basins (21, 35) positioned within the housing, the one or more basins comprising a bottom basin (21, 35); one or more packing sections (13, 37) positioned at least partially above the bottom basin; a fan (7) operable to circulate a gas through the one or more packing sections; and a liquid distribution system (19, 33) configured to flow a liquid solution onto the one or more packing sections, wherein the gas-liquid contactor comprises one or more materials of construction (MOCs) (¶12, ¶19, ¶27), wherein the plurality of structural members define a plenum (between 49 and 39 in Fig 4) comprising a containment that is at least partially segregated from the bottom basin by one or more walls (39), the bottom basin positioned at least partially below the packing. Allowable Subject Matter Claims 1-24,26-37,64-84,86-88,90-94 and 96-99 are allowed. Regarding claim 1, the closest prior art is Libert US 2020/0230548 which teaches a system for capturing CO2 from a dilute gas source comprising a gas-liquid contactor comprising: a housing, one or more basins, one or more packing sections, a fan, and a liquid distribution system. The prior art does not teach the system of claim 1 including the first packing section above the second packing section and the baffle comprising the vertical extent and the lateral extent as claimed. Claims 2-24,26-37, 68, 94, and 96-99 depend upon claim 1. Claim 64 recites similar allowable subject matter as claim 1. Claims 65-67, 69-84, 86-88, 90-93 depend upon claim 64. Response to Arguments The following is a response to Applicant’s arguments filed 4 Nov. 2025: Applicant argues that the objection to the specification is overcome by amendment. Examiner agrees and the objection is withdrawn. Applicant argues that the 112f rejection is overcome by amendment. Examiner notes that 112f is a claim interpretation and not a rejection. Nevertheless, the interpretation is overcome by amendment and the 112f interpretation is withdrawn. Applicant argues that the 112b rejections are overcome by amendment. Examiner agrees and the previous 112b rejections are withdrawn. Applicant disputes that the prior art “Leak detection” cited in the office action mailed 4 Jun. 2025 was publicly available and is prior art. Examiner disagrees. As stated in the prior art, the reference was publicly available online at 9:57 on 12 Jan. 2019. If Applicant has evidence that the prior art was not available as alleged by Examiner, then the evidence should be furnished. Applicant argues that the 103 rejections of independent claims 1 and 64 are overcome by amendment. Examiner agrees and the rejections are withdrawn. Independent claims 1 and 64 as well as dependent claims 2-24,26-37,65-84,86-88,90-94 and 96-99 are allowed herein. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN HOBSON whose telephone number is (571)272-9914. The examiner can normally be reached 9am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /STEPHEN HOBSON/Examiner, Art Unit 1776
Read full office action

Prosecution Timeline

Dec 21, 2021
Application Filed
Sep 28, 2023
Non-Final Rejection — §102, §112
Mar 04, 2024
Response Filed
May 29, 2024
Final Rejection — §102, §112
Sep 03, 2024
Notice of Allowance
Sep 03, 2024
Response after Non-Final Action
Feb 24, 2025
Response after Non-Final Action
May 31, 2025
Non-Final Rejection — §102, §112
Nov 04, 2025
Response Filed
Feb 13, 2026
Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
65%
Grant Probability
86%
With Interview (+21.2%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 611 resolved cases by this examiner. Grant probability derived from career allow rate.

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