Notice of Allowability
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 I, claims 1-9 in the reply filed on 01/22/2026 is acknowledged.
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 1-9 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.
Regarding claim 1 is rejected for being indefinite because of the following recitations “preferably with CO2”, “preferably a mixture comprising CO…” and “preferably of the hydrogen carbonate of the formula…”. The term “preferably” renders the claim indefinite because it is unclear if the limitations after this term are required or not.
Claims 2-9 are also rejected. This is due to the virtue of their dependence on claim 1.
Regarding claim 5, is rejected for being indefinite because of the following recitations “preferably between step d) and step e).” The term “preferably” renders the claim indefinite because it is unclear if the limitations after this term are required or not.
Claim 8 is rejected for being indefinite because of the following recitation “preferably conducted by renewable energies”. The term “preferably” renders the claim indefinite because it is unclear if the limitations after this term are required or not.
Claim 9 is rejected for being indefinite because of the following recitation “preferably by further reaction of CO”. The term “preferably” renders the claim indefinite because it is unclear if the limitations after this term are required or not.
Reasons for Allowance
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Claim 1 requires, “ A process for producing CO from CO2, comprising :a) reacting CO2 with water and an amine of the formula HNR1R2 where R1 and R2 are the same or different and are selected from hydrogen and substituted and unsubstituted alkyl radicals having 1 to 20 carbon atoms to give a hydrogencarbonate of the formula HNR1R2H+ HCO3-;b) reacting the hydrogencarbonate of the formula HNR1R2H+ HCO3- with hydrogen to give a formate of the formula HNR1R2H+ HCO2-;c) decomposing the formate of the formula HNR1R2H+ HCO2- to give an amide of the formula HCONR1R2 and H20;d) decomposing the amide of the formula HCONR1R2 to give CO and an amine of the formula HNR1R2, giving rise to a mixture comprising the need of the formula HNR1R2 and CO; and e) at least partly reacting the amine of the formula HNR1R2 in the mixture comprising the amine of the formula HNR1R2 and CO with a precipitation reagent, preferably with CO2, for production of a mixture comprising CO and a precipitation product of the reaction of the amine of the formula HNR1R2 with the precipitation reagent, with or without unreacted amine of the formula HNR1R2, preferably a mixture comprising CO and a hydrogencarbonate of the formula HNR1R2H+ HCO3-, with or without unreacted amine of the formula HNR1R2, and separating off the precipitation product of the reaction of the amine of the formula HNR1R2 with the precipitation reagent, preferably of the hydrogencarbonate of the formula HNR1R2H+ HCO3-, giving rise to a product comprising CO, with or without unreacted amine of the formula HNR1R2.”
Zhakerian et al. investigates different methods for the absorption of carbon dioxide with amines and ammonia, wherein carbamates, bicarbonates or alkyl carbonates are formed (see, pages 10-15). There is no teaching or suggestion from the prior art regarding, ““ …b) reacting the hydrogencarbonate of the formula HNR1R2H+ HCO3- with hydrogen to give a formate of the formula HNR1R2H+ HCO2…and e) at least partly reacting the amine of the formula HNR1R2 in the mixture comprising the amine of the formula HNR1R2 and CO with a precipitation reagent, preferably with CO2, for production of a mixture comprising CO and a precipitation product of the reaction of the amine of the formula HNR1R2 with the precipitation reagent, with or without unreacted amine of the formula HNR1R2, preferably a mixture comprising CO and a hydrogencarbonate of the formula HNR1R2H+ HCO3-, with or without unreacted amine of the formula HNR1R2, and separating off the precipitation product of the reaction of the amine of the formula HNR1R2 with the precipitation reagent, preferably of the hydrogencarbonate of the formula HNR1R2H+ HCO3-, giving rise to a product comprising CO, with or without unreacted amine of the formula HNR1R2.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance. ”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED TAHA IQBAL whose telephone number is (571)270-5857. The examiner can normally be reached M-F; 7-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at (571) 270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYED T IQBAL/ Examiner, Art Unit 1736
/ANTHONY J ZIMMER/ Supervisory Patent Examiner, Art Unit 1736