Prosecution Insights
Last updated: April 17, 2026
Application No. 17/787,262

APPARATUS, METHOD AND SYSTEM FOR DIRECT AIR CAPTURE UTILIZING ELECTROMAGNETIC EXCITATION RADIATION DESORPTION OF SOLID AMINE SORBENTS TO RELEASE CARBON DIOXIDE

Non-Final OA §103
Filed
Jun 17, 2022
Examiner
DOWNES, NATHANAEL JASON
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
unknown
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
3y 6m
To Grant
81%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
9 granted / 16 resolved
-8.7% vs TC avg
Strong +25% interview lift
Without
With
+25.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
30 currently pending
Career history
46
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
17.2%
-22.8% vs TC avg
§112
28.2%
-11.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 16 resolved cases

Office Action

§103
Detailed Notice 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 . Election/Restrictions Applicant’s election without traverse of group 1, claims 16-22, and 27-35 in the reply filed on 11/20/2025 is acknowledged. Applicant’s amendment in response to the restriction requirement introduces Claims 36-39 which are related to the elected claims. Claims 16-22 and 27-39 are pending consideration. Claim Interpretation Claims 17-20, 30-33, and 37-39 each use the word “approximately” within the claim as relates to the number which follows “approximately”. It is understood by [0044] that this means specifically the value stated is +/- 20 %, and will be examined according to this definition of “approximately”. 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. First Independent Claim Set Claims 16-17, 20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over “Microwave swing adsorption for post-combustion CO2 capture from flue gases using solid sorbents” Chronopoulos in view of Wallman (US9504989B2). Regarding Claim 16, Chronopoulos discloses a microwave processing device for the sorption/desorption of carbon dioxide (abstract, Pg. i). Shown below is Fig. 3.18 of Chronopoulos demonstrating an exemplary direct air capture (DAC) apparatus (Pg. 104). PNG media_image1.png 424 604 media_image1.png Greyscale Applicant’ defines the contactor as an electromagnetic permeable medium for containing a sorbent bed to be acted upon by gas being flowed into the system [0016] . Chronopoulos teaches a contactor (the glass vessel, element 9 of Fig. 3.18) to be placed inside a microwave cavity via a port (page 51, section 2.2.8 second paragraph; page 78, third paragraph; page 79, third paragraph; page 80, second paragraph; page 82, first paragraph; page 83, figure 3.4 and second paragraph; page 84, third paragraph; page 104, figure 3.18); which contains a sorbent bed (element 10, Fig. 3.18), whereby the sorbent bed is a solid sorbent is silica impregnated with tetraethylenepentamine (a polyamine) (Pg. 107, second paragragraph b.). Chronopoulos teaches a resonant cavity (a microwave cavity; page 51, second paragraph; page 78, third paragraph; page 82, first paragraph; page 103, second paragraph; page 104, figure 3.18) comprising: a sealable entrance adapted to allow the contactor to enter the resonant cavity and seal the resonant cavity (page 83, figure 3.4 and second paragraph); and a microwave source (a microwave generator) for microwave generation is connected to the microwave cavity to provide electromagnetic radiation (page 78, third paragraph; page 79, third paragraph; page 82, first paragraph; page 103, second paragraph; page 104, figure 3.18), where the microwave generator is adapted to regenerate the sorbent by removing adsorbed CO2 from the silica impregnated with tetrahetylenepentamine (page 38, second paragraph; page 40, first paragraph; page 53, third paragraph; page 105, second paragraph; page 107, second paragraph; page 136, second paragraph; page 217, second paragraph; page 219, second paragraph), where the plurality of gaseous carbon dioxide molecules released by the microwave generator are removed from the resonant cavity (page 38, second paragraph; page 40, first paragraph; page 53, third paragraph; page 104, figure 3.18; page 105, second paragraph; page 107, second paragraph; page 217, second paragraph; page 219, second paragraph). However, Chronopoulos does not disclose a vacuum pump; wherein a sealable entrance is a gas sealable entrance; and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate the cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port. Wallman teaches an apparatus for collecting carbon dioxide using a monolithic contactor and a zeolite material (Abstract). Wallman discloses a vacuum pump (a vacuum pump; column 8, lines 1-23; column 10, lines 15-20); a gas sealable entrance (a contact chamber is substantially sealed to a flow of gas (a gas sealable entrance); column 5, lines 26-32); and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate a resonant cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port (a vacuum chamber fluidly connected to (in gaseous connection with a vacuum port) a contact chamber 20 (a cavity) to release CO2 molecules from an adsorbent material utilizing vacuum (evacuate) fluidly connected to the vacuum chamber (carbon dioxide molecules released are removed through the vacuum port); column 2, lines 5-10; column 5, lines 26-32, 37-39; column 4, lines 52-57; column 7, lines 1-5; column 8, lines 1-23; column 10, lines 15-20). Prior to the filing of the present invention it would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to have provided a vacuum pump; a gas sealable entrance; and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate a cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port, as previously disclosed by Wallman, for the benefit of removing CO2 molecules from an adsorbent (see MPEP 2143 I C). Regarding Claim 17, Chronopoulos teaches that the microwave frequency is 2.45 GHZ (Pg. 50, paragraph 1) and that adsorption tests are run at ambient temperature (Pg. 202, Section 5.3.1.). Regarding Claim 20, modified Chronopoulos teaches the use of a vacuum pump in order to evacuate the microwave cavity after desportion, as apparatus claims are only patentable for what the apparatus is not what the apparatus does (in this case, that the vacuum pulls a value between 1 and 50 mbar), it is understood that modified Chronopoulos teaches to the instant claim (see MPEP 2114 II). Regarding Claim 22, as the required composition of “air” being acted upon is not a structural element of the apparatus of Claim 16 (see MPEP 2115), it is understood the modified Chronopoulos teaches to claim 22, as apparatus claims are only patentable for what the apparatus is not what the apparatus does (in this case, act upon air with a CO2 concentration of 0.4%) (see MPEP 2114 II). Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over “Microwave swing adsorption for post-combustion CO2 capture from flue gases using solid sorbents” Chronopoulos in view of Wallman (US9504989B2), as applied to Claim 16, further in view of Omole (US8784532B2). Regarding Claim 18, modified Chronopoulos teaches to Claim 16 as shown above. However, modified Chronopoulos does not teach that the microwave generator comprises is adapted to optimize frequencies between 1 and 300 GHz. Omole teaches a method for carbon dioxide sorption/desorption from a gas stream (abstract). Omole teaches that a sorbent is exposed to and subsequently adsorbs carbon dioxide, whereby the carbon dioxide rich sorbent is then exposed to electromagnetic radiation, where the radiation heats the contactor containing the sorbent, subsequently heating the carbon dioxide rich sorbent in order to release the carbon dioxide (Col. 3, Lines 6-31) Omole teaches that the use of a microwave generator which generates electromagnetic energy between 0.915 and 2.45 GHz “to correspond with a microwave absorption spectrum of the desorption contactors” (Col. 3, Lines 40-45). That is, Omole discloses a variable microwave frequency in order that the contactor may be heated optimally in accord with the particular microwave absorption characteristics. It would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to incorporate the microwave frequency optimization by a microwave generator, as per Omole, in that one would arrive at a CO2 sorption apparatus capable of producing variable microwaves to improve the desorption of CO2 from the sorbent. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over “Microwave swing adsorption for post-combustion CO2 capture from flue gases using solid sorbents” Chronopoulos in view of Wallman (US9504989B2), as applied to Claim 16, further in view of Long (US 2018/0169613 A1). Regarding Claim 21, modified Chronopoulos teaches to Claim 16 as shown above. However, modified Chronopoulos does not teach that the polyamine sorbent is selected from the group listed of linear polyethylenimine = PEI, branched PEI, aziridine, diethylenetriamine, triethylenetetramine, diethyleanetriamino organosilane, aminopropyl organosilane, linear PEI functionalized cellulose acetate silica dioxide sorbent, branched PEI functionalized cellulose acetate silica dioxide sorbent material, linear PEI incorporated into a metal organic framework, branched PEI incorporated into a metal organic framework amine incorporated into a metal organic framework. Long discloses an adsorbent to be used for separation of CO2 from a gas stream [0005]. Long discloses a metal-organic framework functionalized with alkylamine which is used as a sorbent (abstract; paragraph (00181), polyethylene MCM-41, and 3-trimethoxysilylpropyl diethylenetriamine SBA-15). Long teaches that the amine-MOF has high surface-area which is effective to reduce the cost and improve efficiency of removing CO2 (Long; paragraphs [0015], [0023]. Further, Long teaches the metal organic framework that is capable of strongly adsorbing acid gases like CO2 (Long; paragraphs [0018], [0052], [0059]. It would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to have provided wherein a sorbent is amine incorporated into a metal organic framework, as previously disclosed by Long, for the benefit of improving CO2 capture by high surface area materials with strong adsorption characteristics. Second Independent Claim Set Claims 27, 30, 33, 35 are rejected under 35 U.S.C. 103 as being unpatentable over “Microwave swing adsorption for post-combustion CO2 capture from flue gases using solid sorbents” Chronopoulos in view of Wallman (US9504989B2) in view of Zhong (WO2020046864A1). Regarding Claim 27, Chronopoulos discloses a microwave processing device for the sorption/desorption of carbon dioxide (abstract, Pg. i). Shown in the previous section is Fig. 3.18 of Chronopoulos demonstrating an exemplary direct air capture (DAC) apparatus (Pg. 104). Applicant’ defines the contactor as an electromagnetic permeable medium for containing a sorbent bed to be acted upon by gas being flowed into the system [0016] . Chronopoulos teaches a contactor (the glass vessel, element 9 of Fig. 3.18) to be placed inside a microwave cavity via a port (page 51, section 2.2.8 second paragraph; page 78, third paragraph; page 79, third paragraph; page 80, second paragraph; page 82, first paragraph; page 83, figure 3.4 and second paragraph; page 84, third paragraph; page 104, figure 3.18); which contains a sorbent bed (element 10, Fig. 3.18), whereby the sorbent bed is a solid sorbent is silica impregnated with tetraethylenepentamine (a polyamine) (Pg. 107, second paragragraph b.). Although Chronopoulos does not teach multiple contactors, the courts have held broadly that the mere duplication of parts does not render a patentable distinction above the prior art (see MPEP 2144 VI B). Chronopoulos teaches a resonant cavity (a microwave cavity; page 51, second paragraph; page 78, third paragraph; page 82, first paragraph; page 103, second paragraph; page 104, figure 3.18) comprising: a sealable entrance adapted to allow the contactor to enter the resonant cavity and seal the resonant cavity (page 83, figure 3.4 and second paragraph); and a microwave source (a microwave generator) for microwave generation is connected to the microwave cavity to provide electromagnetic radiation (page 78, third paragraph; page 79, third paragraph; page 82, first paragraph; page 103, second paragraph; page 104, figure 3.18), where the microwave generator is adapted to regenerate the sorbent by removing adsorbed CO2 from the silica impregnated with tetrahetylenepentamine (page 38, second paragraph; page 40, first paragraph; page 53, third paragraph; page 105, second paragraph; page 107, second paragraph; page 136, second paragraph; page 217, second paragraph; page 219, second paragraph), where the plurality of gaseous carbon dioxide molecules released by the microwave generator are removed from the resonant cavity (page 38, second paragraph; page 40, first paragraph; page 53, third paragraph; page 104, figure 3.18; page 105, second paragraph; page 107, second paragraph; page 217, second paragraph; page 219, second paragraph). However, Chronopoulos does not disclose a vacuum pump; wherein a sealable entrance is a gas sealable entrance; and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate the cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port. Nor does Chronopoulos teach the use of a moving stage. Wallman teaches an apparatus for collecting carbon dioxide using a monolithic contactor and a zeolite material (Abstract). Wallman teaches a vacuum pump (a vacuum pump; column 8, lines 1-23; column 10, lines 15-20); a gas sealable entrance (column 5, lines 26-32); and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate a resonant cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port (column 2, lines 5-10; column 5, lines 26-32, 37-39; column 4, lines 52-57; column 7, lines 1-5; column 8, lines 1-23; column 10, lines 15-20). Zhong teaches a carbon dioxide scrubber with a regenerable sorbent bed (abstract). Zhong teaches the use of a moving sorbent bed located within the housing and spanning the adsorption chamber [0044]. Zhong teaches that more than one sorbent bed may be used such that the use of moving sorbent beds allows for continuous absorption of carbon dioxide, such that while a saturated bed is rotated to a position to release carbon dioxide, a subsequent sorbent bed is set in the flow path of air to adsorb carbon dioxide in place of the first [0004-0005]. Prior to the filing of the present invention it would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to have provided a vacuum pump; a gas sealable entrance; and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate a cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port, as previously disclosed by Wallman, for the benefit of removing CO2 molecules from an adsorbent (see MPEP 2143 I C). Further, it would have been obvious that the modified device of Chronopoulos was ready for improvement by the incorporation of a moving sorbent bed structure, as per Zhong, in order to allow for continuous carbon dioxide sorption. Regarding Claim 29, Chronopoulos teaches that the magnetron (microwave generator) may be operated in pulsed mode (Pg. 84, paragraph 2). Regarding Claim 30, Chronopoulos teaches that the microwave frequency is 2.45 GHZ (Pg. 50, paragraph 1) and that adsorption tests are run at ambient temperature (Pg. 202, Section 5.3.1.). Regarding Claim 33, modified Chronopoulos teaches the use of a vacuum pump in order to evacuate the microwave cavity after desportion, as apparatus claims are only patentable for what the apparatus is not what the apparatus does (in this case, that the vacuum pulls a value between 1 and 50 mbar), it is understood that modified Chronopoulos teaches to the instant claim (see MPEP 2114 II). Regarding Claim 35, as the required composition of “air” being acted upon is not a structural element of the apparatus of Claim 16 (see MPEP 2115), it is understood the modified Chronopoulos teaches to claim 22, as apparatus claims are only patentable for what the apparatus is not what the apparatus does (in this case, act upon air with a CO2 concentration of 0.4%) (see MPEP 2114 II). Claim 28 and 31 is rejected under 35 U.S.C. 103 as being unpatentable over “Microwave swing adsorption for post-combustion CO2 capture from flue gases using solid sorbents” Chronopoulos in view of Wallman (US9504989B2) in view of Zhong (WO2020046864A1), as applied to Claim 16, further in view of Omole (US8784532B2). Regarding Claim 28 and 31, modified Chronopoulos teaches to Claim 16 as shown above. However, modified Chronopoulos does not teach that the microwave generator comprises is adapted to optimize frequencies between 1 and 300 GHz. Omole teaches a method for carbon dioxide sorption/desorption from a gas stream (abstract). Omole teaches that a sorbent is exposed to and subsequently adsorbs carbon dioxide, whereby the carbon dioxide rich sorbent is then exposed to electromagnetic radiation, where the radiation heats the contactor containing the sorbent, subsequently heating the carbon dioxide rich sorbent in order to release the carbon dioxide (Col. 3, Lines 6-31) Omole teaches that the use of a microwave generator which generates electromagnetic energy between 0.915 and 2.45 GHz “to correspond with a microwave absorption spectrum of the desorption contactors” (Col. 3, Lines 40-45). That is, Omole discloses a variable microwave frequency in order that the contactor may be heated optimally in accord with the particular microwave absorption characteristics. It would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to incorporate the microwave frequency optimization by a microwave generator, as per Omole, in that one would arrive at a CO2 sorption apparatus capable of producing variable microwaves to improve the desorption of CO2 from the sorbent via inductive heating received from contact with the contactor, whose microwave absorption characteristics change with temperature. Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over “Microwave swing adsorption for post-combustion CO2 capture from flue gases using solid sorbents” Chronopoulos in view of Wallman (US9504989B2) in view of Zhong (WO2020046864A1), as applied to Claim 16, further in view of Long (US 2018/0169613 A1). Regarding Claim 34, modified Chronopoulos teaches to Claim 16 as shown above. However, modified Chronopoulos does not teach that the polyamine sorbent is selected from the group listed of linear polyethylenimine = PEI, branched PEI, aziridine, diethylenetriamine, triethylenetetramine, diethyleanetriamino organosilane, aminopropyl organosilane, linear PEI functionalized cellulose acetate silica dioxide sorbent, branched PEI functionalized cellulose acetate silica dioxide sorbent material, linear PEI incorporated into a metal organic framework, branched PEI incorporated into a metal organic framework amine incorporated into a metal organic framework. Long discloses an adsorbent to be used for separation of CO2 from a gas stream [0005]. Long discloses a metal-organic framework functionalized with alkylamine which is used as a sorbent (abstract; paragraph (00181), polyethylene MCM-41, and 3-trimethoxysilylpropyl diethylenetriamine SBA-15). Long teaches that the amine-MOF has high surface-area which is effective to reduce the cost and improve efficiency of removing CO2 (Long; paragraphs [0015], [0023]. Further, Long teaches the metal organic framework that is capable of strongly adsorbing acid gases like CO2 (Long; paragraphs [0018], [0052], [0059]. It would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to have provided wherein a sorbent is amine incorporated into a metal organic framework, as previously disclosed by Long, for the benefit of improving CO2 capture by high surface area materials with strong adsorption characteristics. Third Independent Claim Set Claims 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over “Microwave swing adsorption for post-combustion CO2 capture from flue gases using solid sorbents” Chronopoulos in view of Wallman (US9504989B2) in view of Long (US 2018/0169613 A1). Regarding Claim 36, Chronopoulos discloses a microwave processing device for the sorption/desorption of carbon dioxide (abstract, Pg. i). Shown in the previous section is Fig. 3.18 of Chronopoulos demonstrating an exemplary direct air capture (DAC) apparatus (Pg. 104). Applicant’ defines the contactor as an electromagnetic permeable medium for containing a sorbent bed to be acted upon by gas being flowed into the system [0016] . Chronopoulos teaches a contactor (the glass vessel, element 9 of Fig. 3.18) to be placed inside a microwave cavity via a port (page 51, section 2.2.8 second paragraph; page 78, third paragraph; page 79, third paragraph; page 80, second paragraph; page 82, first paragraph; page 83, figure 3.4 and second paragraph; page 84, third paragraph; page 104, figure 3.18); which contains a sorbent bed (element 10, Fig. 3.18), whereby the sorbent bed is a solid sorbent is silica impregnated with tetraethylenepentamine (a polyamine) (Pg. 107, second paragraph b.). Chronopoulos teaches a resonant cavity (a microwave cavity; page 51, second paragraph; page 78, third paragraph; page 82, first paragraph; page 103, second paragraph; page 104, figure 3.18) comprising: a sealable entrance adapted to allow the contactor to enter the resonant cavity and seal the resonant cavity (page 83, figure 3.4 and second paragraph); and a microwave source (a microwave generator) for microwave generation is connected to the microwave cavity to provide electromagnetic radiation (page 78, third paragraph; page 79, third paragraph; page 82, first paragraph; page 103, second paragraph; page 104, figure 3.18), where the microwave generator is adapted to regenerate the sorbent by removing adsorbed CO2 from the silica impregnated with tetrahetylenepentamine (page 38, second paragraph; page 40, first paragraph; page 53, third paragraph; page 105, second paragraph; page 107, second paragraph; page 136, second paragraph; page 217, second paragraph; page 219, second paragraph), where the plurality of gaseous carbon dioxide molecules released by the microwave generator are removed from the resonant cavity (page 38, second paragraph; page 40, first paragraph; page 53, third paragraph; page 104, figure 3.18; page 105, second paragraph; page 107, second paragraph; page 217, second paragraph; page 219, second paragraph). However, Chronopoulos does not disclose a vacuum pump; wherein a sealable entrance is a gas sealable entrance; and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate the cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port. Nor does Chronopoulos disclose that the sorbent is selected from the group consisting of linear polyethylenimine = PEI, branched PEI, aziridine, diethylenetriamine, triethylenetetramine, diethyleanetriamino organosilane, aminopropyl organosilane, linear PEI functionalized cellulose acetate silica dioxide sorbent, branched PEI functionalized cellulose acetate silica dioxide sorbent material, linear PEI incorporated into a metal organic framework, branched PEI incorporated into a metal organic framework amine incorporated into a metal organic framework Wallman teaches an apparatus for collecting carbon dioxide using a monolithic contactor and a zeolite material (Abstract). Wallman teaches a vacuum pump (a vacuum pump; column 8, lines 1-23; column 10, lines 15-20); a gas sealable entrance (a contact chamber is substantially sealed to a flow of gas (a gas sealable entrance); column 5, lines 26-32); and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate a resonant cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port (a vacuum chamber fluidly connected to (in gaseous connection with a vacuum port) a contact chamber 20 (a cavity) to release CO2 molecules from an adsorbent material utilizing vacuum (evacuate) fluidly connected to the vacuum chamber (carbon dioxide molecules released are removed through the vacuum port); column 2, lines 5-10; column 5, lines 26-32, 37-39; column 4, lines 52-57; column 7, lines 1-5; column 8, lines 1-23; column 10, lines 15-20). Long discloses an adsorbent to be used for separation of CO2 from a gas stream [0005]. Long discloses a metal-organic framework functionalized with alkylamine which is used as a sorbent (abstract; paragraph (00181), polyethylene MCM-41, and 3-trimethoxysilylpropyl diethylenetriamine SBA-15). Long teaches that the amine-MOF has high surface-area which is effective to reduce the cost and improve efficiency of removing CO2 (Long; paragraphs [0015], [0023]. Further, Long teaches the metal organic framework that is capable of strongly adsorbing acid gases like CO2 (Long; paragraphs [0018], [0052], [0059]. It would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to have provided wherein a sorbent is amine incorporated into a metal organic framework, as previously disclosed by Long, for the benefit of improving CO2 capture by high surface area materials with strong adsorption characteristics. Prior to the filing of the present invention it would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to have provided a vacuum pump; a gas sealable entrance; and a vacuum port, releasing carbon dioxide molecules into the vacuum port, where the vacuum pump is in gaseous connection with the vacuum port to evacuate a cavity, and carbon dioxide molecules released are removed from the cavity through the vacuum port, as previously disclosed by Wallman, for the benefit of removing CO2 molecules from an adsorbent (see MPEP 2143 I C) and to have further modified Chronopoulos in order to have incorporated a sorbent amine-based metal organic framework, as previously disclosed by Long, for the benefit of improving CO2 capture by high surface area materials with strong adsorption characteristics. Regarding Claim 37, Chronopoulos teaches that the microwave frequency is 2.45 GHZ (Pg. 50, paragraph 1) and that adsorption tests are run at ambient temperature (Pg. 202, Section 5.3.1.). Regarding Claim 39, modified Chronopoulos teaches the use of a vacuum pump in order to evacuate the microwave cavity after desportion, as apparatus claims are only patentable for what the apparatus is not what the apparatus does (in this case, that the vacuum pulls a value between 1 and 50 mbar) (see MPEP 2115), it is understood that modified Chronopoulos teaches to the instant claim (see MPEP 2114 II). Claim 38 are rejected under 35 U.S.C. 103 as being unpatentable over “Microwave swing adsorption for post-combustion CO2 capture from flue gases using solid sorbents” Chronopoulos in view of Wallman (US9504989B2) in view of Long (US 2018/0169613 A1), as applied to Claim 36, further in view of Omole (US8784532B2). Regarding Claim 38, modified Chronopoulos teaches to Claim 16 as shown above. However, modified Chronopoulos does not teach that the microwave generator comprises is adapted to optimize frequencies between 1 and 300 GHz. Omole teaches a method for carbon dioxide sorption/desorption from a gas stream (abstract). Omole teaches that a sorbent is exposed to and subsequently adsorbs carbon dioxide, whereby the carbon dioxide rich sorbent is then exposed to electromagnetic radiation, where the radiation heats the contactor containing the sorbent, subsequently heating the carbon dioxide rich sorbent in order to release the carbon dioxide (Col. 3, Lines 6-31) Omole teaches that the use of a microwave generator which generates electromagnetic energy between 0.915 and 2.45 GHz “to correspond with a microwave absorption spectrum of the desorption contactors” (Col. 3, Lines 40-45). That is, Omole discloses a variable microwave frequency in order that the contactor may be heated optimally in accord with the particular microwave absorption characteristics. It would have been obvious to a person of ordinary skill in the art, at the time of the invention, to have modified the apparatus, as previously disclosed by Chronopoulos, in order to incorporate the microwave frequency optimization by a microwave generator, as per Omole, in that one would arrive at a CO2 sorption apparatus capable of producing variable microwaves to improve the desorption of CO2 from the sorbent via inductive heating received from contact with the contactor, whose microwave absorption characteristics change with temperature. Allowable Subject Matter Claim 19 and 32 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. The reason for indicating the allowable subject matter is that the prior art does not teach or suggest the use of a lock-in amplifier used in a carbon dioxide sorbent system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL J DOWNES whose telephone number is (571)272-1141. The examiner can normally be reached 8am to 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, James Lin can be reached at (571) 272-8902. 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. NATHANAEL JASON. DOWNES Examiner Art Unit 1794 /NATHANAEL JASON DOWNES/Examiner, Art Unit 1794 /BRIAN W COHEN/Primary Examiner, Art Unit 1759
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Prosecution Timeline

Jun 17, 2022
Application Filed
Sep 22, 2022
Response after Non-Final Action
Feb 19, 2026
Non-Final Rejection — §103 (current)

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Expected OA Rounds
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3y 6m
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