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 .
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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “carbon resource reservoir” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The phrase of “storing the carbon dioxide captured from the air to be recycled” is understood as being directed to and further reciting the purpose or intended use of the claimed invention which does not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art do not limit the claim and do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the claimed invention, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See also MPEP § 2111.02 and § 2112 - § 2112.02.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-11 and 13-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “a carbon resource reservoir storing the carbon dioxide captured from the air to be recycled” line 24.
However, Applicant’s Specification fails to reasonably convey toe person of ordinary skill in the art that Applicant was in possession of a “carbon resource reservoir storing the carbon dioxide captured from the air to be recycled.” The Applicant’s specification, as currently written, only discloses “a carbon resource reservoir storing the carbon dioxide reactant that is separated so as to be recycled,” as described in paragraphs [25], [79] and original claim 12. Furthermore, the specification does not expressly mention capture of CO2 from the “air” or storage of CO2 captured from the “air” for recycling.
Claims 3-11 and 13-14 depend on claim 1; and hence are also rejected.
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(s) 1, 3-4 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 101740614 (hereinafter KR ‘614).
As regarding claim 1, KR ‘614 discloses the claimed invention for a cascaded apparatus for forming an artificial forest, the cascaded apparatus comprising: a cascaded flow path assembly having a plurality of partition plates horizontally stacked in multiple stages in an inner portion of a casing having a cuboid shape, the plurality of partition plates being spaced apart from each other at a predetermined distance, the plurality of partition plates having left and right ends staggered with respect to each other such that the plurality of partition plates is in communication with each other, and the cascaded flow path assembly formed thereby having an internal flow path that has a zigzag shape (132 of fig. 11 and [0017]); an air suction portion connected to a lower first side of the cascaded flow path assembly and configured to intake surrounding air, thereby guiding suctioned air to flow upward along the internal flow path (11 of fig. 10 and [0095]); a mixture solution storage portion which is provided at a lower portion of the cascaded flow path assembly and which stores a basic alkali mixture solution of specific components capturing carbon dioxide in air by being in contact with air so that a chemical reaction occurs, the mixture solution storage portion being configured to supply the basic alkali mixture solution to an upper portion of the cascaded flow path assembly when air is suctioned into the air suction portion, and the mixture solution storage portion being configured to guide the basic alkali mixture solution to be in contact with the air as the basic alkali mixture solution flows downward along the internal flow path of the cascaded flow path assembly due to weight of the basic alkali mixture solution (220 of fig. 10 and [0079]); and an air discharge portion (upper portion of fig. 10; no number) provided at the upper portion of the cascaded flow path assembly and configured to discharge remaining air which passes through the internal flow path and in which carbon dioxide is removed to a portion around the air discharge portion (fig. 10); a carbon resource reservoir (530 is capable of storing CO2 for about millisecond) storing the carbon dioxide captured from the air to be recycled, wherein, wherein the mixture solution storage portion is provided with a circulation pump (P of fig. 10; [0103]), and the circulation pump is configured to supply the basic alkali mixture solution stored in the mixture solution storage portion to the upper portion of the cascaded flow path assembly through a mixture solution supply pipe (SL of fig. 10); and basic alkali mixture solution supplied to the upper portion of the cascade flow path assembly (230 of fig. 11) by the circulation pump (P) flows down the internal flow path of the cascade flow path assembly downward and then continues to circulate back to the mixture solution storage portion, capturing carbon dioxide in the air (fig. 11).
As regarding claim 3, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention for wherein, as a through-hole is formed alternately in the left and right ends of each of the plurality of partition plates of the cascaded flow path assembly such that each through-hole is staggered with respect to each other, the cascaded flow path assembly has the internal flow path that generally has the zigzag shape, and a drain guide plate having a first end coupled to each of the plurality of partition plates and having a second end which has a free end shape that is bent downward via the through-hole is provided at each through-hole (133b of fig. 11; claim 1 and [0097]).
As regarding claim 4, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention for wherein a pattern is formed on the plurality of partition plates of the cascaded flow path assembly, so that a contact area between the basic alkali mixture solution and the suctioned air is increased (132a of figs. 11-12; [0094]).
As regarding claim 7, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention for wherein a first side of the mixture solution storage portion (510 of fig. 10; [0102]) is further provided with a makeup water storage portion for supplementing water evaporated from the basic alkali mixture solution.
As regarding claim 8, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention for wherein an air suction fan (14 of fig. 10; [0095]) is further mounted at a part of a flow path of the air discharge portion or the air suction portion.
As regarding claim 9, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention for wherein the basic alkali mixture solution comprises: at least one oxide selected from a group consisting of SiO2, Al2O3, Fe2O3, TiO2, MgO, MnO, CaO, Na2O, K2O, and P2O3; at least one metal selected from a group consisting of Li, Cr, Co, Ni, Cu, Zn, Ga, Sr, Cd, and Pb; a crystallized synthetic zeolite manufactured from an alumina- based material, a silica-based material, and sodium hydroxide; and at least one liquid compound selected from a group consisting of sodium tetraborate (Na2B4O7-10H2O), sodium hydroxide (NaOH), sodium silicate (Na2SiO3), potassium hydroxide (KOH), and hydrogen peroxide (H2O2) .
As regarding claim 10, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention for wherein a carbon dioxide reactant comprises sodium carbonate (Na2CO3) or sodium bicarbonate (NaHCO3) (last claim in pg 19).
As regarding claim 11, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention for wherein a bottommost of the plurality of partition plates of the cascaded flow path assembly and an opened upper portion of the mixture solution storage portion are in communication with each other, and the air suction portion is connected to a space portion between the bottommost of the plurality of partition plates of the cascaded flow path assembly and the mixture solution storage portion, so that air is guided to flow upward along the internal flow path through a through-hole of the bottommost of the plurality of partition plates of the cascaded flow path assembly after air suctioned from an outside is in contact with the basic alkali mixture solution contained in the mixture solution storage portion ([0065] and [0079]-[0080]).
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.
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.
Claim(s) 5-6 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over KR 101740614 (hereinafter KR ‘614).
As regarding claim 5, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention except for wherein the air suction portion is provided with at least one of a thermometer, a hygrometer, and a carbon dioxide concentration meter that are for measuring a temperature, a humidity, or a carbon dioxide concentration value of suctioned surrounding air, and is further provided with a preheater for preheating the suctioned air to a temperature suitable for a reaction with the basic alkali mixture solution. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the air suction portion is provided with at least one of a thermometer, a hygrometer, and a carbon dioxide concentration meter that are for measuring a temperature, a humidity, or a carbon dioxide concentration value of suctioned surrounding air, and is further provided with a preheater for preheating the suctioned air to a temperature suitable for a reaction with the basic alkali mixture solution in order to enhance cascaded apparatus performance, since it was known in the art as shown in KR 20220064132 (hereinafter KR ‘132; [0001], [0019]-[0023], [0035], [0047], [0056], and [0063]-[0064]).
As regarding claim 6, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention except for wherein the air discharge portion is provided with at least one of a flow meter, a thermometer, a hygrometer, and a carbon dioxide concentration meter that are for measuring a flow rate, a temperature, a humidity, or a carbon dioxide concentration value of air in which carbon dioxide is removed. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the air discharge portion is provided with at least one of a flow meter, a thermometer, a hygrometer, and a carbon dioxide concentration meter that are for measuring a flow rate, a temperature, a humidity, or a carbon dioxide concentration value of air in which carbon dioxide is removed in order to enhance cascaded apparatus performance, since it was known in the art as shown in KR ‘132 ([0001], [0019]-[0023], [0035], [0047], [0056], and [0063]-[0064]).
As regarding claim 13, KR ‘614 discloses all of limitations as set forth above. KR ‘614 discloses the claimed invention except for wherein an electric compartment portion is further provided at a first side of the cascaded flow path assembly, and the electric compartment portion is configured to measure and control various parameter values comprising temperatures, humidity, flow rates, flow velocities, concentrations of air, and the basic alkali mixture solution that are suctioned, supplied, or discharged through the cascaded flow path assembly. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein an electric compartment portion is further provided at a first side of the cascaded flow path assembly, and the electric compartment portion is configured to measure and control various parameter values comprising temperatures, humidity, flow rates, flow velocities, concentrations of air, and the basic alkali mixture solution that are suctioned, supplied, or discharged through the cascaded flow path assembly in order to enhance cascaded apparatus performance, since it was known in the art as shown in KR ‘132 ([0001], [0019]-[0023], [0035], [0047], [0056], [0063]-[0064], and [0092]-[0093]).
As regarding claim 14, KR ‘614 as modified discloses all of limitations as set forth above. KR ‘614 as modified discloses the claimed invention for wherein the electric compartment portion is further connected to various sensors and a database, and is configured to store data measured by the various sensors in the database or to remotely transmit the data to a server or a terminal that a user wants in real time or at a predetermined period (KR ‘132 - [0001], [0019]-[0023], [0035], [0047], [0056], [0063]-[0064], [0092]-[0093] and [0095]).
Response to Arguments
Applicant's arguments filed 10/30/25 have been fully considered but they are not persuasive.
Applicant’s remark argues that KR ‘614 fails to disclose or teach a carbon resource reservoir storing the carbon dioxide captured from air to be recycled.
Examiner respectfully disagrees.
As per claim interpretation above, unit 530 is capable of storing CO2 for millisecond.
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.
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/DUNG H BUI/ Primary Examiner, Art Unit 1773