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 . The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Double Patenting
Claims 1-8, 10-16, 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 9-13 of copending Application No. 18/019561 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they claim common subject matter; the switching conditions are a process consideration, not an apparatus one.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8, 10-16, 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of copending Application No. 18/019554 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they claim common subject matter.
See claim 3 of the copending case.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The copending case has been allowed but not patented.
Claims 1-8, 10-16, 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of US Patent 12582941 (formerly copending Application No. 17/277962). Although the claims at issue are not identical, they are not patentably distinct from each other because they claim common subject matter.
Note that present clam 4 provides the initial gas feed of the patent application.
Applicant's arguments filed 7/22/26 have been fully considered but they are not persuasive.
The ‘962 application/’941 patent contemplates a heat exchanger (para 33 et seq) and in any event does not preclude the feature of claim 9 by virtue of ‘comprising’. Furthermore, the carrier has the capacity to accept heat. The same holds true with respect to the other applications. Note that a heat exchanger is capable of being operated to cool or heat (and actually does both simultaneously) the desired location and thus it is not relevant if in the process it is used to heat the reducing agent.
THIS ACTION IS MADE FINAL. 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 STUART L HENDRICKSON whose telephone number is (571)272-1351. The examiner can normally be reached on Monday-Friday from 9 to 5. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Anthony Zimmer, can be reached on 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/STUART L HENDRICKSON/Primary Examiner, Art Unit 1736
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