DETAILED ACTIONNotice 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on June 16, 2026 has been entered.
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claim 43 has been renumbered as claim 46.
Election/Restriction
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
Group I, claims 1-3, 10, 20, 22-23, 25, 28, 33, and 44-46, drawn to an article comprising a sorbent polymer composite and a plurality of halogen reservoirs.
Group II, claims 34-35 and 38-42, drawn to a method comprising obtaining a sorbent polymer composite and a plurality of halogen reservoirs.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of the article of Claim 1, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Hardwick et al. (US 2016/0250619 A1), of record in the information disclosure statement filed July 1, 2024.
Hardwick teaches an article comprising a sorbent polymer composite (SPC) and a plurality of halogen reservoirs, wherein the plurality of halogen reservoirs are embedded within the SPC (Fig. 2, sorbent material 102, polymeric substrate 101, halogen source 103; Abstract, a sorbent polymer composite substrate comprising a high surface area support and a durable halogen source adjacent the sorbent polymer composite substrate. The halogen source comprises a compound with a quaternary ammonium halogen salt that is not washed away).
Hardwick teaches the article wherein each halogen reservoir of the plurality of halogen reservoirs comprises: 5 wt% to 95 wt% of at least one permeation control material based on an average weight of each halogen reservoir, and 5 wt% to 50% of at least one halogen source based on an average weight of each halogen reservoir (Example 17; Paragraph 0088, 2 grams of activated carbon (Nuchar SA20) was added to 2 grams of TBAI dissolved in 100 ml of DI water).
Hardwick teaches the article wherein the permeation control material comprises polycarbonate, ethyl cellulose, polystyrene, polystyrene-divinylbenzene, at least one polyolefin, at least one polyvinylidene fluoride homopolymer or copolymer, or any combination thereof, or a polyethylene wax, a polypropylene wax, or any combination thereof (Paragraph 0035, Examples of polymeric substrate 101 include fluoropolymers such as polytetrafluoroethylene (PTFE), fluoroethylene propylene (FEP), perfluoroacrylate, perfluoroalkoxyalkanes (PFA), polyvinylidene fluoride (PVDF), a terpolymer of tetrafluoroethylene, hexafluoropropylene and vinylidene fluoride (THY), and polychoro trifluoro ethylene (CFE), and other copolymer or terpolymer fluoromonomers and other non-fluorinated monomers; Examples of sorbent material 102 include a high surface area material imbibed or mixed in a low surface energy polymeric substrate 101 such as PTFE to form the sorbent composite polymer (SPC) substrate 99. Non-limiting examples of high surface area materials include activated carbons).
Due to Applicant’s previous election of the article of Claims 1-3, 10, 20, 22-23, 25, 28, and 33 on December 10, 2025, in response to the election/restriction requirement of November 10, 2025, Group I, directed to claims 1-3, 10, 20, 22-23, 25, 28, 33, and 44-46, has been constructively elected for prosecution on the merits. Accordingly, claims 34-35 and 38-42 are withdrawn from consideration as being directed to a non-elected invention. As set forth in MPEP § 819, “The general policy of the Office is that applicants are not permitted to shift to claim another invention after an election is made and an Office action on the merits is made on the elected invention. Specifically, the applicant may not disaffirm or change their election, as a matter of right, after making an oral election and receiving an Office action based upon that oral election in a pending application”. See 37 CFR 1.142(b), MPEP § 706.07(h), subsection VI.(B), and MPEP § 821.03.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 10, 20, 22, 25, 28, 33, and 45-46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hardwick et al. (US 2016/0250619 A1).
With regard to Claim 1, Hardwick teaches an article comprising a sorbent polymer composite (SPC) and a plurality of halogen reservoirs, wherein the plurality of halogen reservoirs are embedded within the SPC (Fig. 2, sorbent material 102, polymeric substrate 101, halogen source 103; Abstract, a sorbent polymer composite substrate comprising a high surface area support and a durable halogen source adjacent the sorbent polymer composite substrate. The halogen source comprises a compound with a quaternary ammonium halogen salt that is not washed away).
Hardwick teaches the article wherein each halogen reservoir of the plurality of halogen reservoirs comprises: 5 wt% to 95 wt% of at least one permeation control material based on an average weight of each halogen reservoir, and 5 wt% to 50% of at least one halogen source based on an average weight of each halogen reservoir (Example 17; Paragraph 0088, 2 grams of activated carbon (Nuchar SA20) was added to 2 grams of TBAI dissolved in 100 ml of DI water).
Hardwick teaches the article wherein the permeation control material comprises polycarbonate, ethyl cellulose, polystyrene, polystyrene-divinylbenzene, at least one polyolefin, at least one polyvinylidene fluoride homopolymer or copolymer, or any combination thereof, or a polyethylene wax, a polypropylene wax, or any combination thereof (Paragraph 0035, Examples of polymeric substrate 101 include fluoropolymers such as polytetrafluoroethylene (PTFE), fluoroethylene propylene (FEP), perfluoroacrylate, perfluoroalkoxyalkanes (PFA), polyvinylidene fluoride (PVDF), a terpolymer of tetrafluoroethylene, hexafluoropropylene and vinylidene fluoride (THY), and polychoro trifluoro ethylene (CFE), and other copolymer or terpolymer fluoromonomers and other non-fluorinated monomers; Examples of sorbent material 102 include a high surface area material imbibed or mixed in a low surface energy polymeric substrate 101 such as PTFE to form the sorbent composite polymer (SPC) substrate 99. Non-limiting examples of high surface area materials include activated carbons).
With regard to Claims 2-3, Hardwick teaches the article wherein the SPC comprises a polymer material, wherein the polymer material includes at least one of polyfluoroethylene propylene (PFEP); polyperfluoroacrylate (PPFA); polyvinylidene fluoride (PVDF); a terpolymer of tetrafluoroethylene, hexafluoropropylene and vinylidene fluoride (THV); polychlorotrifluoro ethylene (PCFE); poly(ethylene-cotetrafluorethylene) (ETFE); ultrahigh molecular weight polyethylene (UHMWPE); polyethylene; polyparaxylylene (PPX); polylactic acid (PLLA); polyethylene (PE); expanded polyethylene (ePE); polytetrafluoroethylene (PTFE); expanded polytetrafluoroethylene (ePTFE); or any combination thereof (Fig. 2; Paragraph 0034, a sorbent material 102 (such as activated carbon) partially or completely covers a polymeric substrate 101… such as a nodal structure of ePTFE; Paragraph 0035, Examples of polymeric substrate 101 include fluoropolymers such as polytetrafluoroethylene (PTFE), fluoroethylene propylene (FEP), perfluoroacrylate, perfluoroalkoxyalkanes (PFA), polyvinylidene fluoride (PVDF), a terpolymer of tetrafluoroethylene, hexafluoropropylene and vinylidene fluoride (THY), and polychoro trifluoro ethylene (CFE), and other copolymer or terpolymer fluoromonomers and other non-fluorinated monomers; Paragraph 0037, the sorbent in the sorbent composite polymer substrate is activated carbon and the polymer is a fluoropolymer of PTFE).
With regard to Claim 10, Hardwick teaches the article wherein the polymer material includes fibrils and nodes, wherein the polymer material becomes porous upon stretching, such that voids form between the fibrils and the nodes (Paragraph 0035, Examples of polymeric substrate 101 include fluoropolymers such as polytetrafluoroethylene (PTFE), fluoroethylene propylene (FEP), perfluoroacrylate, perfluoroalkoxyalkanes (PFA), polyvinylidene fluoride (PVDF), a terpolymer of tetrafluoroethylene, hexafluoropropylene and vinylidene fluoride (THY), and polychoro trifluoro ethylene (CFE), and other copolymer or terpolymer fluoromonomers and other non-fluorinated monomers; Paragraph 0037, The structure of the PTFE is advantageous in that, upon stretching, the fluoropolymer becomes porous, with micropores formed between polymer fibrils and nodes, depending upon the stretching conditions used. When activated carbon or other high surface area adsorbents are mixed with the PTFE, the resulting mixture can be stretched to form a porous structure).
With regard to Claims 22 and 33, Hardwick is silent to the article comprising a sufficient quantity of the plurality of halogen reservoirs, so as to result in a release rate of total halogens from the article that does not exceed 2% of the total halogens in the article per day, or 0.5% of the total halogens in the article per day, under conditions where a flue gas stream is flowed over at least one surface of the article over a time period of at least 90 days, wherein the flue gas stream has a temperature of at least 20 °C or 50 °C and a relative humidity of at least 95%, and wherein the gas stream comprises at least one SOx compound in a concentration of at least 1 ppm or 20 ppm, and mercury vapor in a concentration of at least 1 μg/m3 of the flue gas stream.
However, the product of Hardwick and the product of the claimed invention appear to be substantially identical and thus would have the same physical properties (see Claim 1 rejection). See MPEP 2112.01.I. If the product of Hardwick were subjected to the same conditions as required by the claims, the same result would be expected.
With regard to Claim 25, Hardwick teaches the article wherein at least one of the plurality of halogen reservoirs is in a form of a reservoir particle comprising the permeation control material, wherein the permeation control material is in a form of a permeation control particle; and the at least one halogen source, wherein the at least one halogen source is present at least on a surface of the permeation control particle (Fig. 2, sorbent material 102, polymeric substrate 101, halogen source 103; Fig. 3, activated carbon particles 202, PTFE fibrils 201).
With regard to Claim 28, Hardwick teaches the article wherein the plurality of halogen reservoirs takes a form of a plurality of reservoir clusters, wherein each of the reservoir clusters comprises the at least one halogen source and the permeation control material (Fig. 2, sorbent material 102, polymeric substrate 101, halogen source 103; Abstract, a sorbent polymer composite substrate comprising a high surface area support and a durable halogen source adjacent the sorbent polymer composite substrate. The halogen source comprises a compound with a quaternary ammonium halogen salt that is not washed away). The limitation requiring “reservoir clusters” is interpreted as including any one particle located near another particle.
With regard to Claims 45 and 46, Hardwick teaches the article wherein the at least one halogen source includes at least a metal halide, an ammonium halide, an elemental halogen, or any combination thereof, and wherein the at least one halogen source includes tetrabutylammonium iodide (TBAI), potassium iodide (Kl), or phosphonium halide (Fig. 5; Paragraph 0052, the isotherms show that TBAI has a strong affinity for both wood and coal derived carbons, thereby providing a better durability to loss by leaching; Example 17; Paragraph 0088, 2 grams of activated carbon (Nuchar SA20) was added to 2 grams of TBAI dissolved in 100 ml of DI water).
With regard to Claim 20, Hardwick is silent to the article wherein the at least one phosphonium halide comprises tetrabutylphosphonium iodide (TBPI), ethyltriphenylphosphonium triiodide (ETPPb), tetrabutylphosphonium bromide (TBPBr), ethyltriphenylphosphonium bromide (ETPPBr), ethyltriphenylphosphonium iodide (ETPPI), or any combination thereof.
However, Claim 20 is dependent on Claim 45, which requires the article wherein the at least one halogen source includes tetrabutylammonium iodide (TBAI), potassium iodide (Kl), or phosphonium halide. Therefore, because Claim 45 does not positively require that the at least one halogen source includes phosphonium halide, the limitation of Claim 20 is met.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Hardwick et al. (US 2016/0250619 A1) in view of Li et al. (US 2014/0186243 A1).
With regard to Claim 44, Hardwick is silent to the article wherein the at least one halogen source includes at least an elemental halogen, instead teaching the halogen source comprising tetrabutylammonium iodide (Fig. 5; Paragraph 0052, the isotherms show that TBAI has a strong affinity for both wood and coal derived carbons, thereby providing a better durability to loss by leaching; Example 17; Paragraph 0088, 2 grams of activated carbon (Nuchar SA20) was added to 2 grams of TBAI dissolved in 100 ml of DI water).
Li teaches the at least one halogen source including at least an elemental halogen (Claim 17, Paragraph 0027, the mercury oxidation facilitation agent is selected from the group consisting of ammonium bromide, magnesium bromide, sodium bromide, elemental halogen species, and mixtures thereof). Li notes that the elemental halogen is used to remove mercury from a flue gas stream (Paragraph 0026, The mercury oxidation facilitation agent is present in the article in order to effect or promote the oxidation of elemental mercury contained in the flue gases).
It would have been obvious to one of ordinary skill in the art to substitute an elemental halogen for tetrabutylammonium iodide, because these two compounds are known for facilitating the removal of mercury from flue gas. One of ordinary skill in the art could have substituted one compound for the other with a predictable result of removing mercury from a flue gas stream. See MPEP 2143.I.B.
Allowable Subject Matter
Claim 23 is 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 closest prior art to this claim is: Hardwick et al. (US 2016/0250619 A1), Deng et al. (EP 3047895 A1), Li et al. (US 2014/0186243 A1), and Kawamura et al. (US 8524186 B2). None of the prior art teach or suggest the article wherein at least one of the plurality of halogen reservoirs takes a form of an encapsulated bead, wherein the encapsulated bead comprises a core, the at least one halogen source, wherein the at least one halogen source is present at least on a surface of the core, and the permeation control material, wherein the permeation control material encapsulates the core.
Response to Arguments
Applicant’s arguments, see page 8, filed June 16, 2026, with respect to the instant claims have been considered but are moot due to new grounds of rejection, made under 35 U.S.C. 102 of claims 1-3, 10, 20, 22, 25, 28, 33, and 45-46 in view of Hardwick et al. (US 2016/0250619 A1) and under 35 U.S.C. 103 of claim 44 over Hardwick in view of Li et al. (US 2014/0186243 A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Stabler et al. (US 2018/0099250 A1) teaches a porous separation article, including sheets of PVDF or PVDF-HFP copolymer and activated carbon. The reference does not disclose a plurality of halogen reservoirs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-RAHMAN YUSUF WALEED SMARI whose telephone number is (571)270-7302. The examiner can normally be reached M-Th 7:30-5, F 7:30-4.
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/ABDUL-RAHMAN YUSUF WALEED SMARI/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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