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 .
This is a response to applicant’s amendment filed on December 12, 2025. Claim 1 has been amended. No claims have been added or cancelled. Claims 1-8 are pending in the application.
Response to Amendment
Rejection under 35 USC § 112(b) of Claims 1-8 is maintained because the applicant did not amend claim 1 in a manner that overcomes the rejection.
Rejections under 35 USC § 102 of Claims 1 and 3-4 have been withdrawn in view of applicant’s amendments. However, upon further search and consideration, new grounds of rejection have been made.
Rejections under 35 USC § 103 of Claims 2 and 5-8 have been withdrawn in view of applicant’s amendments. However, upon further search and consideration, new grounds of rejection have been made.
Claim Objections
Claim 6 is objected to because of the following informalities: Incorrect plural form.
Claim 6 recites: “The counterflow air contactor of claim 1, wherein the tower frame and fan are fiberglass and the basins are hydroxide and carbonate corrosion resistant material.” According to claim 1, there is only one basin being claimed. Therefore, the plural form of “basins” is incorrect.
For purposes of examination, examiner will interpret claim 6 as reciting: “The counterflow air contactor of claim 1, wherein the tower frame and fan are fiberglass and the basin is hydroxide and carbonate corrosion resistant material.”
Appropriate correction is required.
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 1-8 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 1 recites the limitation “…a fan supported by said tower frame located directly above said reaction fluid distribution system, open to ambient atmosphere on a top side, and configured to draw ambient air from said ambient atmosphere through an inlet that is open to said ambient atmosphere, and through said plenum and upward…” There is no mention of a plenum previously in claim 1. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claims 2-8 are rejected because they depend on rejected claim 1.
Claim Rejections - 35 USC § 102
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.
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, 3 and 7 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Meek, G. (US Pat. No. 3,500,615, hereinafter Meek).
In regards to Claim 1, Meek discloses a counterflow air contactor configured for large-scale and continuous removal of a pollutant from ambient air comprising:
a tower frame (#12) located above a reaction fluid basin (#14 water basin or sump) (see figure 1 and column 2, lines 14-16),
a reaction fluid dispersion media (#10) supported in said tower frame (see figure 1 and column 2, lines 14-16);
a reaction fluid distribution system (#18) located in said tower frame (#12) and above said fluid dispersion media (#10) and configured to distribute a reaction fluid over said fluid dispersion media (#10) (see figure 1 and column 2, lines 14-16 and 29-32);
a fan (#24) supported by said tower frame (#12) located directly above said reaction fluid distribution system (#18), open to ambient atmosphere on a top side, and configured to draw ambient air from said ambient atmosphere through an inlet (#20) that is open to said ambient atmosphere, and through a plenum and upward said reaction fluid dispersion media (#10) as said reaction fluid distribution system (#18) is distributing said reaction fluid over said fluid dispersion media (#10) (see figure 1 and column 2, lines 29-43);
said reaction fluid basin (#14) located beneath said tower frame (#12) and configured to catch a reaction product from a reaction between said reaction fluid and the pollutant in said ambient air as well as unreacted reaction fluid, wherein said reaction fluid distribution system (#18) and said reaction fluid dispersion media (#10) are located beneath said fan (#24) (see figure 1 and column 2, lines 14-16 and 29-43),
wherein said tower frame (#12) defines said plenum beneath a diameter of said fan (#24) (see figure 1 and column 2, lines 14-16 and 29-43).
In regards to Claim 3, Meek discloses wherein said reaction fluid distribution system (#18) comprises a reaction fluid header connected to reaction fluid distribution pipes (#16) having spray nozzles connected thereto (see figure 1 and column 2, lines 29-32; Meek discloses wherein water is supplied through the pipe #16 and sprayed over the top face of the packing or cooling tower fill #10 by the distributor #18. This is considered equivalent to a reaction fluid header connected to reaction fluid distribution pipes (#16) having spray nozzles connected thereto, as claimed by the applicant.).
In regards to Claim 7, Meek discloses wherein said reaction fluid dispersion media (#10) is a film fill (see figure 1 and column 2, lines 14-16 and 29-32; Meek discloses contact body or fill #10 is enclosed within casing #12. Water is supplied through the pipe 16 and sprayed over the top face of the packing or cooling tower fill 10 by the distributor 18, and runs along the surfaces of sheets principally in a vertical direction.).
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 4-5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Meek in view of Heidel et al. (US Pat. Pub. No. 2021/0101107, with a provisional filing date of April 17, 2018, hereinafter ‘107).
In regards to Claim 2, Meek discloses the counterflow air contactor as recited in claim 1, but fails to disclose further comprising two humidifier sections of said tower frame flanking said plenum, said two humidifier sections each comprising water dispersion media supported in said frame and a water distribution system located over said water dispersion media.
However, ‘107 teaches a system and method for gas-liquid contacting from the humidification of gases and the capture of CO2 from a dilute gas source or a point source. Gas-liquid contact systems produce humidified gas streams which can be used as feedstock for other processes, such as cooling tower processes and carbon dioxide capture processes (see paragraph [0081]). A CO2 capture system (#200) includes a hydration sub-system (#201), i.e. humidifier section, coupled with a gas-liquid contactor sub-system (#221), where the sub-system (#221) is configured/purposed for CO2 capture. The gas-liquid contactor sub-system (#221) includes CO2 capture packing (#204), i.e. reaction fluid dispersion media, CO2 capture solution distribution unit (#203), i.e. reaction fluid distribution system, a CO2 capture solution collection basin (#205), i.e. reaction fluid basin, and an induced draft fan (#207), i.e. fan configured to draw ambient air through an inlet that is open to said ambient atmosphere and through said reaction fluid dispersion media (see figure 2 and paragraph [0129]). The CO2 capture solution stream (#208) used in sub-system (#221) can be any liquid that can remove at least some CO2 from the gas stream (#110), such as potassium hydroxide or sodium hydroxide solutions with water (see paragraph [0130]). The gas stream (#109), i.e. ambient air, moves through system (#200) by the induced draft fan (#207) and is humidified upon contacting the hydration solution stream (#108) in the sub-system (#201), i.e. humidifier section. This pre-conditioning helps the reduce evaporative losses from the CO2 capture solution stream (#208) when it comes in contact with the gas stream (#110). In some aspects, having the hydration sub-system (#201) upstream of the gas-liquid contactor sub-system (#221) provides a gas stream (#110) to the sub-system (#221) such that water loss through evaporation is minimized from the CO2 capture solution (#208) of the sub-system (#221) (see figure 2 and paragraphs [0129]-[0132]).
Examiner notes that although ‘107 discloses one humidifier section flanking said plenum, having an additional second humidifier section flanking said plenum is a mere duplication of parts and is considered prima facie obvious. See MPEP 2144.04.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the counterflow air contactor as disclosed by Meek by further having two humidifier sections of said tower frame flanking said plenum, said two humidifier sections each comprising water dispersion media supported in said frame and a water distribution system located over said water dispersion media, as claimed by the applicant, with a reasonable expectation of success, as ‘107 teaches a system and method for gas-liquid contacting from the humidification of gases and the capture of CO2 from a dilute gas source or a point source, wherein the CO2 capture system includes a hydration sub-system, i.e. humidifier section, coupled with a gas-liquid contactor sub-system, where the sub-system is configured/purposed for CO2 capture, wherein the hydration sub-system, i.e. humidifier section, includes a gas inlet section, a contact zone, i.e. water dispersion media, a hydration solution distribution unit, i.e. water distribution system located over water dispersion media, a hydration solution collection basin, a pump and a drift elimination section, i.e. plenum, and the gas-liquid contactor sub-system includes CO2 capture packing, reaction fluid dispersion media, CO2 capture solution distribution unit, i.e. reaction fluid distribution system, a pump, a CO2 capture solution collection basin, i.e. reaction fluid basin, and an induced draft fan, whereby the main function of the hydration solution stream used in the sub-system, i.e. humidifier section, is to humidify the gas stream through evaporation of water from the hydration solution, such that the gas stream, i.e. ambient air, moves through system by induced draft fan and is humidified upon contacting the hydration solution stream in the sub-system, and this pre-conditioning helps the reduce evaporative losses from the CO2 capture solution stream when it comes in contact with the gas stream and in some aspects, having the hydration sub-system upstream of the gas-liquid contactor sub-system provides a gas stream to the sub-system such that water loss through evaporation is minimized from the CO2 capture solution of the sub-system (see figure 2 and paragraphs [0129]-[0132]).
In regards to Claim 4, Meek discloses the air contactor as recited in claim 1, but fails to disclose wherein the pollutant is carbon dioxide.
However, ‘107 teaches a system and method for gas-liquid contacting from the humidification of gases and the capture of CO2 from a dilute gas source or a point source. Gas-liquid contact systems produce humidified gas streams which can be used as feedstock for other processes, such as cooling towers and carbon dioxide capture processes (see paragraph [0081]). A CO2 capture system (#200) includes a hydration sub-system (#201), i.e. humidifier section, coupled with a gas-liquid contactor sub-system (#221), where the sub-system (#221) is configured/purposed for CO2 capture. The gas-liquid contactor sub-system (#221) includes CO2 capture packing (#204), i.e. reaction fluid dispersion media, CO2 capture solution distribution unit (#203), i.e. reaction fluid distribution system, a CO2 capture solution collection basin (#205), i.e. reaction fluid basin, and an induced draft fan (#207), i.e. fan configured to draw or force ambient air through said reaction fluid dispersion media (see figure 2 and paragraph [0129]). The CO2 capture solution stream (#208) used in sub-system (#221) can be any liquid that can remove at least some CO2 from the gas stream (#110), such as potassium hydroxide or sodium hydroxide solutions with water (see paragraph [0130]). The gas stream (#109), i.e. ambient air, moves through system (#200) by the induced draft fan (#207), is humidified upon contacting a hydration solution stream in the sub-system (#201) and provides a gas stream (#110) to the sub-system (#221) for removal of CO2 from the gas stream (see figure 2 and paragraphs [0131]-[0135]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the counterflow air contactor as disclosed by Meek by having the pollutant to be carbon dioxide, as claimed by the applicant, with a reasonable expectation of success, as ‘107 teaches a system and method for gas-liquid contacting from the humidification of gases and the capture of CO2 from a dilute gas source or a point source, wherein the CO2 capture system includes a hydration sub-system coupled with a gas-liquid contactor sub-system, wherein the sub-system is configured/purposed for CO2 capture and includes CO2 capture packing, i.e. reaction fluid dispersion media, CO2 capture solution distribution unit, i.e. reaction fluid distribution system, comprising a CO2 capture solution stream which removes at least some CO2 from the gas stream, such as potassium hydroxide or sodium hydroxide solutions with water, whereby the gas stream (#109), i.e. ambient air, moves through system (#200) by the induced draft fan (#207), is humidified upon contacting a hydration solution stream in the sub-system (#201) and provides a gas stream (#110) to the sub-system (#221) for contacting with the reaction fluid to efficiently remove CO2 from the gas stream (see figure 2 and paragraphs [0129]-[0135]).
In regards to Claim 5, Meek discloses the counterflow air contactor as recited in claim 1, but fails to disclose wherein the reaction fluid is selected from the group consisting of sodium hydroxide and potassium hydroxide.
However, ‘107 teaches a system and method for gas-liquid contacting from the humidification of gases and the capture of CO2 from a dilute gas source or a point source. Gas-liquid contact systems produce humidified gas streams which can be used as feedstock for other processes, such as cooling towers and carbon dioxide capture processes (see paragraph [0081]). A CO2 capture system (#200) includes a hydration sub-system (#201), i.e. humidifier section, coupled with a gas-liquid contactor sub-system (#221), where the sub-system (#221) is configured/purposed for CO2 capture. The gas-liquid contactor sub-system (#221) includes CO2 capture packing (#204), i.e. reaction fluid dispersion media, CO2 capture solution distribution unit (#203), i.e. reaction fluid distribution system, a CO2 capture solution collection basin (#205), i.e. reaction fluid basin, and an induced draft fan (#207), i.e. fan configured to draw or force ambient air through said reaction fluid dispersion media (see figure 2 and paragraph [0129]). The CO2 capture solution stream (#208) used in sub-system (#221) can be any liquid that can remove at least some CO2 from the gas stream (#110), such as potassium hydroxide or sodium hydroxide solutions with water (see paragraph [0130]). The gas stream (#109), i.e. ambient air, moves through system (#200) by the induced draft fan (#207), is humidified upon contacting a hydration solution stream in the sub-system (#201) and provides a gas stream (#110) to the sub-system (#221) for removal of CO2 from the gas stream (see figure 2 and paragraphs [0131]-[0135]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the counterflow air contactor as disclosed by Meek by further substituting a known reaction fluid for another known reaction fluid, such as sodium hydroxide and potassium hydroxide, as claimed by the applicant, with a reasonable expectation of success, as ‘107 teaches a system and method for gas-liquid contacting from the humidification of gases and the capture of CO2 from a dilute gas source or a point source, wherein the CO2 capture system includes a hydration sub-system coupled with a gas-liquid contactor sub-system, wherein the sub-system is configured/purposed for CO2 capture and includes CO2 capture packing, i.e. reaction fluid dispersion media, CO2 capture solution distribution unit, i.e. reaction fluid distribution system, comprising a CO2 capture solution stream which removes at least some CO2 from the gas stream, such as potassium hydroxide or sodium hydroxide solutions with water, whereby the gas stream (#109), i.e. ambient air, moves through system (#200) by the induced draft fan (#207), is humidified upon contacting a hydration solution stream in the sub-system (#201) and provides a gas stream (#110) to the sub-system (#221) for contacting with the reaction fluid to efficiently remove CO2 from the gas stream (see figure 2 and paragraphs [0129]-[0135]).
In regards to Claim 8, Meek, in view of ‘107, discloses the air contactor as recited in claim 2. ‘107 further teaches wherein said water dispersion media is a splash fill (see paragraph [0133]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the counterflow air contactor as disclosed by Meek old by substituting a known water dispersion media with another known water dispersion media such as a splash fill, as claimed by the applicant, with a reasonable expectation of success, as ‘107 teaches a system and method for gas-liquid contacting from the humidification of gases and the capture of CO2 from a dilute gas source or a point source, wherein the CO2 capture system includes a hydration sub-system, i.e. humidifier section, coupled with a gas-liquid contactor sub-system, where the sub-system is configured/purposed for CO2 capture, wherein the hydration sub-system, i.e. humidifier section, includes a gas inlet section, a contact zone, i.e. water dispersion media, a hydration solution distribution unit, i.e. water distribution system located over water dispersion media, a hydration solution collection basin, a pump and a drift elimination section, i.e. plenum, and the water dispersion media is a splash fill, whereby the main function of the hydration solution stream used in the sub-system, i.e. humidifier section, is to humidify the gas stream through evaporation of water from the hydration solution, such that the gas stream, i.e. ambient air, moves through system by induced draft fan and is humidified upon contacting the hydration solution stream in the sub-system, and this pre-conditioning helps the reduce evaporative losses from the CO2 capture solution stream when it comes in contact with the gas stream and in some aspects, having the hydration sub-system upstream of the gas-liquid contactor sub-system provides a gas stream to the sub-system such that water loss through evaporation is minimized from the CO2 capture solution of the sub-system (see figure 2 and paragraphs [0129]-[0132]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Meek in view of Heidel et al. (US Pat. Pub. No. 2017/0354925, hereinafter Heidel).
In regards to Claim 6, Meek discloses the counterflow air contactor as recited in claim 1, but fails to disclose wherein the tower frame and fan are fiberglass and the basin is hydroxide and carbonate corrosion resistant material.
However, Heidel teaches a basin and nozzles system for distributing liquid solutions over packing for capturing carbon dioxide from dilute sources, for example atmospheric CO2 (see paragraphs [0073] and [0087]). A liquid stream, which may include water, sodium hydroxide or potassium hydroxide, and could also include suspended solids captured by the liquid from a gas stream flow through packing material, is distributed and falls off packing as small drops or trickles of liquid into a liquid collection basin system (see paragraph [0096]). As further shown in figure 6, the CO2 capture system includes a tower frame and an induced fan supported by said tower frame and located downwind of the packing material and is configured to draw ambient air from a plenum upward into the system, through the packing material before leaving a fan cowling outlet (see figure 6 and paragraph [0102]).
Heidel further teaches wherein the air the cooling tower packing material may comprise Brentwood XF12560 which is constructed from PVC that is completely resistant to strong hydroxide, has an efficient cross-flow geometry which produces low air-side pressure drop, and possess a similar surface area per volume as common stainless steel tower packing. Further, the air contactor structure itself could utilize a combination of fiberglass reinforced plastic and steel materials to create the support structure (see paragraphs [0141] and [0152]). In view of this, it is considered reasonably obvious, absent evidence to the contrary, to also have the fan to be made of fiberglass and the basin to be made of carbonate corrosion resistant material to maintain and further extend the life of the air contactor as whole.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the counterflow air contactor as disclosed by Meek by having the tower frame and fan made of fiberglass and the basin of a material that are hydroxide and carbonate corrosion resistant material, as claimed by the applicant, with a reasonable expectation of success, as Heidel teaches a basin and nozzles system for distributing liquid solutions over packing for capturing carbon dioxide from dilute sources, for example atmospheric CO2, wherein liquid solutions useful include sodium hydroxide solution and potassium hydroxide solution, whereby a liquid stream, which may include water, sodium hydroxide or potassium hydroxide, and could also include suspended solids captured by the liquid from the gas stream flow through packing material, is distributed and falls off packing as small drops or trickles of liquid into a liquid collection basin system, and as further shown in figure 6, the CO2 capture system includes a tower frame and an induced fan supported by said tower frame and located downwind of the packing material and is configured to draw or force ambient air from a plenum upward into the system, through the packing material and through a drift eliminator material before leaving a fan cowling outlet, wherein the air the cooling tower packing material may comprise Brentwood XF12560 which is constructed from PVC that is completely resistant to strong hydroxide, has an efficient cross-flow geometry which produces low air-side pressure drop, and possess a similar surface area per volume as common stainless steel tower packing and the air contactor structure itself could utilize a combination of fiberglass reinforced plastic and steel materials to create the support structure, thereby obtaining a system having improved corrosion resistance which improves and extends the life of the air contactor as a whole (see figure 6 and paragraphs [0073], [0087], [0102], [0141] and [0152]).
Response to Arguments
Applicant’s arguments with respect to Cold have been considered but are moot because Cold is no longer used in the current rejection.
Applicant’s arguments with respect to Heidel and ‘107 have been considered but are moot because these are now used under a different interpretation.
Conclusion
Applicant's amendment necessitated the new grounds 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 JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774