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 .
This is a response to applicant’s amendment filed on March 19, 2026. Claims 1 and 9 have been amended. Claims 4-5 have been cancelled. No claims have been added. Claims 1-3 and 6-10 are pending in the application.
Response to Amendment
Objection to drawings and specification have been withdrawn in view of applicant’s remarks.
Claim interpretations under 35 USC § 112(f) have been withdrawn in view of applicant’s amendments.
Anticipatory Double Patenting Rejection of Claims 1-3 and 9-10 with copending application 18/727386 has changed to Obviousness Type Double Patenting Rejection in view of applicant’s amendments.
Objection to Claim 1 has been withdrawn in view of applicant’s amendments.
Rejections under 35 USC § 112(b) of Claims 1-3 and 6-10 have been withdrawn in view of applicant’s amendments.
Rejections under 35 USC § 112(b) of Claims 4-5 have been withdrawn in view of cancellation of claims 4-5
Rejections under 35 USC § 103 of Claims 4-5 have been withdrawn in view of cancellation of claims 4-5.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of copending Application No. 18/727386 in view of Kim et al. (KR101140775B1, relied on machine translation, hereinafter ‘775).
Claim 17 of copending application 18/727386 discloses substantially the same system for capturing carbon dioxide and sulfur oxide as claimed in claim 1 of instant invention except: wherein the carbon dioxide reactant separated in the separator is sent to the absorption tower to capture sulfur oxides in the remaining flue gas, wherein a solution containing captured sulfur oxides, carbon dioxide reactant and residual gas from which carbon dioxide and sulfur oxides are removed is generated.
However, Kim teaches a system for capturing carbon dioxide and sulfur oxides comprising a mixer (#194, #196) for supplying a basic alkaline mixture, an absorption tower (#130) for capturing carbon dioxide in flue gas by reacting the basic alkaline mixture supplied from the mixer and the flue gas having fine droplets through a bubbler (#153) installed at a bottom of the absorption tower (#130), a separator (#140) for collecting a reactant containing carbon dioxide captured in the absorption tower (#130) and separating a carbon dioxide reactant and a waste solution from the reactant (absorption liquid containing carbon dioxide captured in the absorption tower #130 is circulated to duct tower #140 where the absorption liquid containing carbon dioxide is introduced into duct tower #140 for further carbon dioxide capture in flue gas for separating carbon dioxide reactant and a waste solution from the reactant is generated in the bottom of the duct tower #140), wherein carbon dioxide reactant separated in the separator (#140) is sent to the absorption tower (through gas supply pipe #151 and diffuser #153) to capture sulfur oxides in the remaining flue gas, wherein a solution containing captured sulfur oxides, carbon dioxide reactant and residual gas from which carbon dioxide and sulfur oxides are removed is generated (#182 waste absorbent liquid storage tank in which waste absorbent liquid discharged from the absorbent liquid discharge pipe #181 is stored) (see figure 2 and paragraphs [0061]-[0066], [0069] and [0098]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify claim 17 of copending application 18/727386 to further have the carbon dioxide reactant separated in the separator is sent to the absorption tower to capture sulfur oxides in the remaining flue gas, wherein a solution containing captured sulfur oxides, carbon dioxide reactant and residual gas from which carbon dioxide and sulfur oxides are removed is generated, as claimed by the applicant, with a reasonable expectation of success, as ‘775 teaches a system for capturing carbon dioxide and sulfur oxides comprising a mixer for supplying a basic alkaline mixture, an absorption tower for capturing carbon dioxide in flue gas by reacting the basic alkaline mixture supplied from the mixer and the flue gas having fine droplets through a bubbler installed at a bottom of the absorption tower, a separator for collecting a reactant containing carbon dioxide captured in the absorption tower and separating a carbon dioxide reactant and a waste solution from the reactant, wherein carbon dioxide reactant separated in the separator is sent to the absorption tower (through gas supply pipe #151 and diffuser #153) to capture sulfur oxides in the remaining flue gas, wherein a solution containing captured sulfur oxides, carbon dioxide reactant and residual gas from which carbon dioxide and sulfur oxides are removed is generated, thereby obtaining a system for continuously circulating an absorbent through a duct reactor to react with an exhaust gas (see figure 2 and paragraphs [0061]-[0066], [0069] and [0098]).
Claim 17 of copending application 18/727386 discloses substantially similar limitations as claim 2 of instant application, thereby reading on the subject matter of the claimed invention.
This is a provisional nonstatutory double patenting rejection.
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 1-3 and 6-10 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.
Claim 1 recites the limitation “…when the filling level…” There is no mention of a filling level previously in claim 1. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation: “…when the filling level of the basic alkaline mixture solution in the absorption tower is lowered to less than 90%, a valve is adjusted so that the basic alkaline mixture solution is introduced from the mixer, and supply of the basic alkaline mixture solution is stopped when the filling level of the solution reaches 100%, and at the same time, the basic alkaline solution and water is mixed until the pH of the basic alkaline mixture becomes 12.” There is no mention of a basic alkaline mixture solution previously in claim 1. Therefore, there is insufficient antecedent basis for this limitation in the claim. Further, this limitation as a whole appears to be utilizing the terms “basic alkaline mixture solution” and “basic alkaline solution” interchangeably. However, it is unclear if these two terms are a single composition or if these are different compositions.
Claim 1 recites: “…wherein pH of the basic alkaline mixture is 12 to 12.5; and when the filling level of the basic alkaline mixture solution in the absorption tower is lowered to less than 90%, a valve is adjusted so that the basic alkaline mixture solution is introduced from the mixer, and supply of the basic alkaline mixture solution is stopped when the filling level of the solution reaches 100%, and at the same time, the basic alkaline solution and water is mixed until the pH of the basic alkaline mixture becomes 12.” This claim limitation is written as method steps and a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite. See MPEP 2173.05(p)(II).
Claim 9 recites: “…a monitor for monitoring a filling level and pH…” This limitation is considered indefinite because it is unclear if applicant is referring to the same filling level as claimed in claim 1 or if it is a different filling level.
For purposes of examination, examiner will interpret claim 9 as reciting: “…a monitor for monitoring the filling level and pH…”
Claims 2-3, 9-8 and10 are rejected because they depend on rejected claim 1.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-3, 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kjemtrup et al. (KR10-2015112824A, relied on machine translation, hereinafter Kjemtrup) in view of Kim et al. (KR10-1379856B1, relied on machine translation, hereinafter Kim).
In regards to Claim 1, Kjemtrup discloses a system for capturing carbon dioxide and sulfur oxide for ships, comprising:
a mixer (A1 buffer tank) for supplying a basic alkaline mixture (see figure 1 and paragraphs [0024]-[0025] and [0067]);
an absorption tower (A2 wash unit) for capturing carbon dioxide in flue gas (G1n) by reacting the basic alkaline mixture supplied from the mixer (A1) and the flue gas (see figure 1 and paragraphs [0026]-[0027] and [0072]-[0074]);
a separator (A3) for collecting a reactant (L3) containing carbon dioxide captured in the absorption tower (A2) and separating a carbon dioxide reactant (L1) and a waste solution (L4) from the reactant (see figure 1 and paragraphs [0076]-[0077] and [0081]-[0082]);
wherein the carbon dioxide reactant (L1) separated in the separator (A3) is sent to the absorption tower (A2) to capture sulfur oxides in the remaining flue gas (G1n), wherein a solution containing captured sulfur oxides, carbon dioxide reactant and residual gas from which carbon dioxide and sulfur oxides are removed is generated (see figure 1 and paragraphs [0076]-[0077] and [0081]-[0082]), and
a discharger for discharging the captured sulfur oxides, carbon dioxide reactant, and residual flue gas (see paragraphs [0078]-[0080]; Kjemtrup discloses wherein the residual solution in the washing unit is collected and directed to a purification unit, purified and fractions are discarded. This is considered equivalent to a discharger, as claimed by the applicant.);
wherein pH of the basic alkaline mixture is 12 to 12.5 (see paragraph [0067]; Kjemtrup discloses wherein the pH of the basic alkaline mixture is in the range of 9-12, which overlaps the claimed range of 12 to 12.5, as claimed by the applicant, thereby making the claimed value prima facie obvious. See MPEP 2144.05.); and
wherein the basic alkaline solution and water is mixed until the pH of the basic alkaline mixture becomes 12 (see paragraph [0067]).
Kjemtrup fails to disclose:
wherein the flue gas having fine droplets is carried to the absorption tower through a bubbler installed at a bottom; and
wherein a filling level of the basic alkaline mixture in the absorption tower is lowered to less than 90%, a valve is adjusted so that the basic alkaline solution is introduced from the mixer, and supply of the basic alkaline mixture is stopped when the filling level of the solution reaches 100%, and at the same time, the basic alkaline mixture and water is mixed until the pH of the basic alkaline mixture becomes 12.
However, Kim teaches a carbon dioxide capture device (#100) for a ship using seawater and an alkaline suspension. The carbon dioxide capture device (#100) comprises a mixer (#170) for supplying a basic alkali suspension, an absorption tower (#120 first fine bubble reactor) for capturing carbon dioxide in flue gas by reacting the basic alkaline suspension supplied from the mixer (#170) and the flue gas having fine droplets through a bubbler (#123) installed at a bottom of the absorption tower (#120) to facilitate contact between carbon dioxide and the alkaline suspension (see figure 1 and paragraphs [0047]-[0049]). Kim further teaches controller (#200) supplies the alkaline suspension produced in the alkali suspension production tank (#160) to the first fine bubble reactor (#120) by opening the first electronic control valve (V5). At this time, the alkaline suspension prepared in the alkaline suspension production tank (#160) is repeatedly introduced into the first fine bubble reactor (#120) to maintain it at a reference level (see paragraph [0066]). Since Kim clearly teaches that the controller supplies the alkaline suspension to the first fine bubble reactor by opening the valve such as to maintain it at a reference level, it is considered reasonably obvious, that the supply of the basic alkaline suspension is reasonably stopped when the filling level of the solution reaches 100%, as claimed by the applicant.
Although Kim does not explicitly disclose when the filling level of the basic alkaline mixture in the absorption tower is lowered to less than 90%, a valve is adjusted so that the basic alkaline mixture is introduced from the mixer, adjusting the controller to open the valve when the filling level of the alkaline mixture in the absorption tower is lowered to less than 90% is a result-effective variable which may be optimized through routine experimentation in order to obtain a desired end-result, such as for maintaining absorption efficiency within the absorption reactor, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system for capturing carbon dioxide and sulfur oxide as disclosed by Kjemtrup by further having the flue gas having fine droplets to be carried to the absorption tower through a bubbler installed at a bottom, and wherein a filling level of the basic alkaline mixture in the absorption tower is lowered to less than 90%, a valve is adjusted so that the basic alkaline solution is introduced from the mixer, and supply of the basic alkaline mixture is stopped when the filling level of the solution reaches 100%, and at the same time, the basic alkaline mixture and water is mixed until the pH of the basic alkaline mixture becomes 12, as claimed by the applicant, with a reasonable expectation of success, as Kim teaches a carbon dioxide capture device for a ship using seawater and an alkaline suspension, wherein the carbon dioxide capture device comprises a mixer for supplying a basic alkali suspension, an absorption tower for capturing carbon dioxide in flue gas by reacting the basic alkaline suspension supplied from the mixer and the flue gas having fine droplets through a bubbler installed at a bottom of the absorption tower to facilitate and improve contact between carbon dioxide and the alkaline suspension, and a controller which supplies the alkaline suspension produced in the alkali suspension production tank to the first fine bubble reactor by opening the first electronic control valve, whereby the alkaline suspension prepared in the alkaline suspension production tank is repeatedly introduced into the first fine bubble reactor to maintain it at a reference level, thereby improving purification efficiency (see figure 1 and paragraphs [0047]-[0049] and [0066]).
In regards to Claim 2, Kjemtrup, in view of Kim, discloses the system as recited in claim 1. Kim further teaches wherein the bubbler (#123) forms flue gas microbubbles using the flue gas (see figure 1 and paragraph [0047]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system for capturing carbon dioxide and sulfur oxide as disclosed by Kjemtrup by further having the bubbler to form flue gas microbubbles using the flue gas, as claimed by the applicant, with a reasonable expectation of success, as Kim teaches a carbon dioxide capture device for a ship using seawater and an alkaline suspension, wherein the carbon dioxide capture device comprises a mixer for supplying a basic alkali suspension, an absorption tower for capturing carbon dioxide in flue gas by reacting the basic alkaline suspension supplied from the mixer and the flue gas having fine droplets through a bubbler installed at a bottom of the absorption tower to form microbubbles to facilitate and improve contact between carbon dioxide and the alkaline suspension, thereby improving purification efficiency (see figure 1 and paragraphs [0047]-[0049]).
In regards to Claim 3, Kjemtrup discloses wherein the mixer (A1) mixes a basic alkaline solution supplied from a basic alkaline solution storage tank (A0) and water supplied from a water supply source (freshwater source) (see figure 1 and paragraphs [0024]-[0025], [0029], [0043] and [0067]).
In regards to Claim 7, Kjemtrup discloses wherein the absorption tower (A2) supplies the basic alkaline mixture from the mixer (A1) through a plurality of nozzles (one or more spray devices) installed on the top thereof (see figure 1 and paragraph [0071]).
In regards to Claim 8, Kjemtrup discloses wherein the absorption tower (A2) is configured in series, parallel or a series and parallel complex arrangement (see paragraph [0075]).
In regards to Claim 10, Kjemtrup discloses wherein the carbon dioxide reactant comprises sodium carbonate (Na2CO3) or sodium hydrogen carbonate (NaHCO3) (see paragraphs [0033] and [0083]-[0085]; Kjemtrup discloses if sodium hydroxide is used, the salts formed during washing, i.e. carbon dioxide reactant, is Na2CO3.).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kjemtrup, in view of Kim, and further in view of Naito et al. (US Pat. Pub. No. 2020/0038807, hereinafter Naito).
In regards to Claim 6, Kjemtrup, in view of Kim, discloses the system as recited in claim 1. Kim further teaches wherein the basic alkaline solution comprises quicklime (CaO) and sodium hydroxide (see paragraphs [0051]-[0052]). Kjemtrup, in view of Kim, fails to disclose at least one metal selected from the group consisting of Li, Cr, Co, Ni, Cu, Zn, Ga, Sr, Cd, and Pb.
However, Naito teaches an apparatus fixing carbon dioxide and a flue gas desulfurization facility. The apparatus for fixing carbon dioxide comprises a mixer (#80 hopper) for supplying a basic alkaline mixture, an absorption tower (#60 reaction tank) for capturing carbon dioxide from a gas by reacting the basic alkaline mixture from the mixer (#80) and the gas having fine droplets through a bubbler (#94 aeration nozzle) installed at a bottom. The absorption tower (#60 reaction tank) is adapted to generate a stable compound such as a mineral by adding an alkaline earth metal or an alkali metal to the seawater. The hopper (#80), i.e. mixer, is fed with a supplementary element selected from the group consisting of alkali earth metal and alkali metal from a feed source (see figure 1 and paragraphs [0033]-[0036]). The alkali metal stored in the hopper (#80), i.e. mixer, may comprise lithium (Li), sodium (Na) and/or potassium (K) (see figure 1 and paragraph [0039]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Kjemtrup, in view of Kim, by further having at least one metal, such as lithium (Li) in the basic alkaline mixture, as claimed by the applicant, with a reasonable expectation of success, as Naito teaches an apparatus fixing carbon dioxide and a flue gas desulfurization facility, wherein the apparatus for fixing carbon dioxide comprises a hopper, i.e. mixer, for supplying a basic alkaline mixture, an absorption tower for capturing carbon dioxide from a gas by reacting the basic alkaline mixture from the mixer and the gas having fine droplets through a bubbler installed at a bottom, wherein the absorption tower is adapted to generate a stable compound such as a mineral by adding an alkaline earth metal or an alkali metal to the seawater, whereby the hopper is fed with a supplementary alkali element such as lithium (Li), thereby aiding in producing a compound which is stable like minerals (see paragraphs [0033]-[0036] and [0039]).
Claims 1-3 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kjemtrup in view of Kim et al. (KR101140775B1, relied on machine translation, hereinafter ‘775).
In regards to Claim 1, Kjemtrup discloses a system for capturing carbon dioxide and sulfur oxide for ships, comprising:
a mixer (A1 buffer tank) for supplying a basic alkaline mixture (see figure 1 and paragraphs [0024]-[0025] and [0067]);
an absorption tower (A2 wash unit) for capturing carbon dioxide in flue gas (G1n) by reacting the basic alkaline mixture supplied from the mixer (A1) and the flue gas (see figure 1 and paragraphs [0026]-[0027] and [0072]-[0074]);
a separator (A3) for collecting a reactant (L3) containing carbon dioxide captured in the absorption tower (A2) and separating a carbon dioxide reactant (L1) and a waste solution (L4) from the reactant (see figure 1 and paragraphs [0076]-[0077] and [0081]-[0082]);
wherein the carbon dioxide reactant (L1) separated in the separator (A3) is sent to the absorption tower (A2) to capture sulfur oxides in the remaining flue gas (G1n), wherein a solution containing captured sulfur oxides, carbon dioxide reactant and residual gas from which carbon dioxide and sulfur oxides are removed is generated (see figure 1 and paragraphs [0076]-[0077] and [0081]-[0082]), and
a discharger for discharging the captured sulfur oxides, carbon dioxide reactant, and residual flue gas (see paragraphs [0078]-[0080]; Kjemtrup discloses wherein the residual solution in the washing unit is collected and directed to a purification unit, purified and fractions are discarded. This is considered equivalent to a discharger, as claimed by the applicant.);
wherein pH of the basic alkaline mixture is 12 to 12.5 (see paragraph [0067]; Kjemtrup discloses wherein the pH of the basic alkaline mixture is in the range of 9-12, which overlaps the claimed range of 12 to 12.5, as claimed by the applicant, thereby making the claimed value prima facie obvious. See MPEP 2144.05.); and
Kjemtrup fails to disclose:
wherein the flue gas having fine droplets is carried to the absorption tower through a bubbler installed at a bottom; and
wherein a filling level of the basic alkaline mixture in the absorption tower is lowered to less than 90%, a valve is adjusted so that the basic alkaline solution is introduced from the mixer, and supply of the basic alkaline mixture is stopped when the filling level of the solution reaches 100%, and at the same time, the basic alkaline mixture and water is mixed until the pH of the basic alkaline mixture becomes 12.
However, ‘775 teaches a system and apparatus for capturing carbon dioxide continuously. The system (#100) comprises a mixer (#194, #196) for supplying a basic alkaline mixture, an absorption tower for capturing carbon dioxide in flue gas by reacting the basic alkaline mixture supplied from the mixer and the flue gas having fine droplets through a bubbler (#153) installed at a bottom of the absorption tower (#130), a separator (#140) for collecting a reactant containing carbon dioxide captured in the absorption tower (#130) and separating a carbon dioxide reactant and a waste solution from the reactant (absorption liquid containing carbon dioxide captured in the absorption tower #130 is circulated to duct tower #140 where the absorption liquid containing carbon dioxide is introduced into duct tower #140 for further carbon dioxide capture in flue gas and separating a carbon dioxide reactant and a waste solution from the reactant in the bottom of the duct tower #140), wherein carbon dioxide reactant separated in the separator (#140) is sent to the absorption tower (through gas supply pipe #151 and diffuser #153) to capture sulfur oxides in the remaining flue gas, wherein a solution containing captured sulfur oxides, carbon dioxide reactant and residual gas from which carbon dioxide and sulfur oxides are removed is generated (#182 waste absorbent liquid storage tank in which waste absorbent liquid discharged from the absorbent liquid discharge pipe #181 is stored), and a discharger (#180) for discharging the captured sulfur oxides, carbon dioxide reactant and residual flue gas (see figure 2 and paragraphs [0061]-[0066], [0069] and [0098]).
‘775 further teaches a first level meter (#135) is installed on the absorption tower for measuring the level of absorbing solution and supplying the new absorbing solution through the new absorbing solution supplying part (#190) when the level of the absorbing solution is below a reference value, and an electronic control valve is installed for automatic opening and closing of the source liquid transfer pipe (#192) to the absorption tank (#130) (see figure 2 and paragraphs [0064] and [0072]). Since ‘775 clearly teaches that an electronic control valve is installed for automatic opening and closing of the source liquid transfer pipe (#192) to the absorption tank (#130) and a first level meter (#135) is installed on the absorption tower for measuring the level of absorbing solution and supplying the new absorbing solution through the new absorbing solution supplying part (#190) when the level of the absorbing solution is below a reference value, it is considered reasonably obvious, that the supply of the basic alkaline suspension is reasonably stopped when the filling level of the solution reaches 100%, as claimed by the applicant.
Although ‘775 does not explicitly disclose when the filling level of the basic alkaline mixture in the absorption tower is lowered to less than 90%, a valve is adjusted so that the basic alkaline mixture is introduced from the mixer, adjusting the controller to open the valve when the filling level of the alkaline mixture in the absorption tower is lowered to less than 90% is a result-effective variable which may be optimized through routine experimentation in order to obtain a desired end-result, such as for maintaining absorption efficiency within the absorption reactor, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
‘775 further teaches the diluted absorption tank (#194) receives raw basic alkaline material from the transfer pipe (#192) and a new absorption solution is diluted by adding water from a water source and stirring the solution in the diluted absorption tank (#194) and the pH of the stored new absorption solution is 11.0 to 13.0 (see figure 2 and paragraph [0074]), which overlaps the claimed value of 12, as claimed by the applicant, thereby making the claimed value prima facie obvious. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system for capturing carbon dioxide and sulfur oxide as disclosed by Kjemtrup by further having the flue gas having fine droplets is carried to the absorption tower through a bubbler installed at a bottom, and wherein a filling level of the basic alkaline mixture in the absorption tower is lowered to less than 90%, a valve is adjusted so that the basic alkaline solution is introduced from the mixer, and supply of the basic alkaline mixture is stopped when the filling level of the solution reaches 100%, and at the same time, the basic alkaline mixture and water is mixed until the pH of the basic alkaline mixture becomes 12, as claimed by the applicant, with a reasonable expectation of success, as ‘775 teaches a system and apparatus for capturing carbon dioxide continuously, wherein the system comprises a mixer for supplying a basic alkali suspension, an absorption tower for capturing carbon dioxide in flue gas by reacting the basic alkaline suspension supplied from the mixer and the flue gas having fine droplets through a bubbler installed at a bottom of the absorption tower to facilitate and improve contact between carbon dioxide and the alkaline suspension, a first level meter installed on the absorption tower for measuring the level of absorbing solution and supplying the new absorbing solution through the new absorbing solution supplying part when the level of the absorbing solution is below a reference value, and an electronic control valve is installed for automatic opening and closing of the source liquid transfer pipe to the absorption tank, and a diluted absorption tank receives raw basic alkaline material from the transfer pipe and a new absorption solution is diluted by adding water from a water source and stirring the solution in the diluted absorption tank and the pH of the stored new absorption solution is 11.0 to 13.0, thereby maintaining high carbon dioxide removal efficiency (see figure 2 and paragraphs [0030], [0064], [0072] and [0074]).
In regards to Claim 2, Kjemtrup, in view of ‘775, discloses the system of claim 1. ‘775 further teaches wherein the bubbler (#153) forms flue gas microbubbles using the flue gas (see figure 2 and paragraph [0090]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system for capturing carbon dioxide and sulfur oxide as disclosed by Kjemtrup by further having the bubbler to form flue gas microbubbles using the flue gas, as claimed by the applicant, with a reasonable expectation of success, as ‘775 teaches a system and apparatus for capturing carbon dioxide continuously, wherein the carbon dioxide capture device comprises a mixer for supplying a basic alkali suspension, an absorption tower for capturing carbon dioxide in flue gas by reacting the basic alkaline suspension supplied from the mixer and the flue gas having fine droplets through a bubbler installed at a bottom of the absorption tower to form microbubbles to increase the residence time and contact time of the exhaust gas with the absorption liquid, thereby improving the absorption efficiency of carbon dioxide in the absorption liquid (see figure 1 and paragraph [0090]).
In regards to Claim 3, Kjemtrup discloses wherein the mixer (A1) mixes a basic alkaline solution supplied from a basic alkaline solution storage tank (A0) and water supplied from a water supply source (freshwater source) (see figure 1 and paragraphs [0024]-[0025], [0029], [0043] and [0067]).
In regards to Claim 7, Kjemtrup discloses wherein the absorption tower (A2) supplies the basic alkaline mixture from the mixer (A1) through a plurality of nozzles (one or more spray devices) installed on the top thereof (see figure 1 and paragraph [0071]).
In regards to Claim 8, Kjemtrup discloses wherein the absorption tower (A2) is configured in series, parallel or a series and parallel complex arrangement (see paragraph [0075]).
In regards to Claim 9, Kjemtrup, in view of ‘775, discloses the system of claim 1. Kjemtrup discloses a controller (control unit) for controlling the supply amount of the basic alkaline mixture by a monitor for monitoring a pH of the basic alkaline mixture in the absorption tower (see figure 1 and paragraphs [0054] and [0087]; Kjemtrup discloses the exhaust system further comprises a pH sensor, i.e. monitor, and the exhaust system has a control unit modified to receive a pH value measured from the pH sensor, and the control unit is modified to control an injection device that adds base from the base storage tank, in order to maintain pH of the alkaline wash water within the buffer capacity of the bicarbonate/carbonate.).
Kjemtrup does not explicitly disclose a monitor for monitoring a filling level in the absorption tower.
However, ‘775 further teaches a first level meter (#135) to measure the level of absorbent liquid in the absorption tower (#130) and supply new absorbent liquid through the new absorbent liquid supply unit (#190) if the level of the absorbent liquid is below a reference value, and a first pH meter (#136) installed on one side to measure the pH of the absorbent liquid and discharge the absorbent liquid to the absorbent liquid discharge unit (#180) through a duct reactor (#140) (see paragraph [0064]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system for capturing carbon dioxide and sulfur oxide as disclosed by Kjemtrup by further having a monitor for monitoring a filling level of the basic alkaline mixture in the absorption tower, as claimed by the applicant, with a reasonable expectation of success, as ‘775 further teaches a first level meter to measure the level of absorbent liquid in the absorption tower and supply new absorbent liquid through the new absorbent liquid supply unit if the level of the absorbent liquid is below a reference value, and a first pH meter installed on one side to measure the pH of the absorbent liquid and discharge the absorbent liquid to the absorbent liquid discharge unit through a duct reactor, thereby maintaining the absorption efficiency of carbon dioxide in the absorption tower (see paragraph [0090]).
In regards to Claim 10, Kjemtrup discloses wherein the carbon dioxide reactant comprises sodium carbonate (Na2CO3) or sodium hydrogen carbonate (NaHCO3) (see paragraphs [0033] and [0083]-[0085]; Kjemtrup discloses if sodium hydroxide is used, the salts formed during washing, i.e. carbon dioxide reactant, is Na2CO3.).
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that “Kim fails to disclose a separator for collecting a reactant containing carbon dioxide captured in the
absorption tower and separating a carbon dioxide reactant and a waste solution from the reactant, wherein the carbon dioxide reactant separated in the separator is sent to the absorption tower to capture sulfur oxides in the remaining flue gas, wherein a solution containing captured sulfur oxides, carbon dioxide reactant and residual gas from which
carbon dioxide and sulfur oxides are removed is generated; and
a discharger for discharging the captured sulfur oxides, carbon dioxide reactant,
and residual flue gas,
wherein pH of the basic alkaline mixture is 12 to 12.5; and
when the filling level of the basic alkaline mixture solution in the absorption tower
is lowered to less than 90%, a valve is adjusted so that the basic alkaline mixture solution is introduced from the mixer, and supply of the basic alkaline mixture solution is stopped when the filling level of the solution reaches 100%, and at the same time, the basic alkaline solution and water is mixed until the pH of the basic alkaline mixture becomes 12.
In paragraph [0033] of Kim, it is disclosed that the pH standard is 7.0-9.0, while the present disclosure uses pH 12-12.5. The operational pH range is very different between the two system / method and thus, the cited references even combined together cannot provide the present invention as claimed in the instant claims.”
Examiner respectfully disagrees and points out that Kim does not need to disclose all the limitations of claim 1 since Kjemtrup already discloses all of the above mentioned limitations. Kim was merely brought up in an obviousness-type combination to remedy the deficiency of Kjemtrup which is related to the introduction of the flue gas having fine droplets through a bubbler installed at a bottom of the absorption tower. Since Kim provides sufficient reason and motivation to install the bubbler at a bottom of the absorption tower for introduction of the flue gas having fine droplets, it is reasonably obvious to combine these references in an obviousness-type manner and hence, arrive at the claimed invention.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). For these reasons, the argument is not considered persuasive and the rejection is thereby maintained.
Conclusion
Applicant's amendment necessitated the new and modified grounds 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774
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