DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 14, 21-22, 26-27, 34, 40-41, and 56-60 have been amended. Claims 2-6, 8, 15-20, 23-25, 28-33, 35-39, and 42-55 are cancelled. New claims 61-63 are added. Claims 1, 7, 9-14, 21-22, 26-27, 34, 40-41, and 56-63 are pending and under examination on the merits.
Response to Amendment
The Amendment by Applicants’ representative Alisha K. Taylor on 01/21/2026 has been entered.
Response to Arguments/Amendments
Claim rejection under 35 U.S.C.§112(b)
Applicants’ amendment to claim 1 overcomes the reaction. The rejection is withdrawn.
Claim rejection under 35 U.S.C.§103(a)
Applicant amended claim 1 by further defining the direct air capture (DAC) process for removing carbon dioxide (CO2) from an ambient air stream, and the hydrogel as a swollen hydrogel, wherein the swollen hydrogel comprises a cross-linked polyamine or copolymer thereof, wherein the polyamine or copolymer thereof is cross-linked with a cross-linking agent to provide a polymeric network comprising amine groups for absorbing at least some of the CO2, wherein the cross-linking agent comprises two or more epoxides, and wherein the swollen hydrogel is swollen with a liquid swelling agent selected from the group consisting of alcohols, polyol compounds, glycols, alkanolamines, alkylamines, alkyloxyamines, piperidines, piperazines, pyridines, pyrrolidones, polvethylene glycol- dimethyl ethers (Selexol), N-methylpyrrolidone, propylene carbonate, sulfolane, imidazoles, ionic liquids, primary amines, secondary amines, tertiary amines, sterically hindered amines, and combinations thereof, for absorbing at least some of the CO2. In addition, Applicant argued that Xu fails to disclose or suggest that a densely 3-D cross-linked hydrogel formed using a multiple epoxide-containing cross-linker would be able to swell and retain liquid sorbents for CO2, providing an effective sorbent for DAC. In addition, Applicant argued that neither Sujan nor Xu disclose swelling the sorbent with a liquid swelling agent selected from the list of solvents recited in amended claim 1 for absorbing at least a portion of the CO2. In contrast, Sujan is silent as to incorporating any liquid into the cellulose/silica fibers, and Xu swells its sorbent with water, which Xu stresses is important to activate the amine sites within the hydrogel for CO2 capture - especially for tertiary amine groups.
Applicant’s amendment and arguments are sufficient to overcome the rejection. The rejection is hereby withdrawn.
The following rejections are necessitated by the amendment filed 01/21/2026:
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, 7, 9-14, 21-22, 26-27, 34, 40-41, and 56-63 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 pre-AIA the applicant regards as the invention.
Specifically, amended claim 1 defines a liquid swelling agent selected from the group consisting of alcohols, polyol compounds, glycols, alkanolamines, alkylamines, alkyloxyamines, piperidines, piperazines, pyridines, pyrrolidones, polyethylene glycol-dimethyl ethers (Selexol), N-methylpyrrolidone, propylene carbonate, sulfolane, imidazoles, ionic liquids, primary amines, secondary amines, tertiary amines, sterically hindered amines, and combinations thereof. However, primary amines, secondary amines, and tertiary amines are all alkylamines. In addition, sterically hindered amines are primary or secondary amines with bulky functional groups attached to the nitrogen, see Borhani et al, Renewable and Sustainable Energy Reviews, (2019), v.114, p.109299 (1-20) (“2.1.1.3. Hindered amines”), claim 1 contains both a narrower scope of “tertiary amines, primary amines, secondary amines, tertiary amines”, and a narrower scope of “alkylamines”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). Therefore, claim 1 is indefinite. Claims 7, 9-14, 21-22, 26-27, 34, 40-41, and 56-63 depending on claim 1 are rejected, accordingly.
Conclusions
Claims 1, 7, 9-14, 21-22, 26-27, 34, 40-41, and 56-63 are rejected.
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 extension fee 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 date of this final action.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
/YONG L CHU/Primary Examiner, Art Unit 1731