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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 May 2026 has been entered.
Response to Amendment
Claim 3 has been canceled. Claims 1, 4, 7, and 9 have been amended. Claims 1-2, 4, and 6-10 are pending.
In response to the amendments to the claims, the objections thereto, as well as the rejections under 35 USC 112(b), are withdrawn.
Response to Arguments
Regarding the claimed filling levels and their associated percentages, Applicant argues that the claim explicitly tie the filling level to a defined structural element (e.g., “a filling level of the basic alkaline mixture in the absorption tower” with the controller configured to maintain between 90% and 100% of the absorption tower capacity), the percentages become meaningful limits with a clear frame of reference. The specification at paragraph [47] expressly links the filling level to the level indicator 112 inside the absorption tower, measured as a percentage (Remarks, p. 6, bottom).
In response, Applicant’s argument is unpersuasive because (i) the text “a filling level of the basic alkaline mixture in the absorption tower” does not appear in the claim; (ii) the claim does not recite a controller; (iii) the frame of reference of “between 90% and 100% of the absorption tower capacity” does not appear in the claim. The cited paragraph in the specification does not affect the scope of the claim because it does not provide any special definition of terms in the claim. See MPEP 2111.01(I,IV).
Regarding Applicant’s other arguments, these arguments are moot because, after further search and consideration, new rejections are presented over prior arts Imbabi et al. (US 2019/0232216 A1) in view of Kim et al. (KR101313720B1), Bang et al. (KR101474540B1), and Tsantrizos et al. (US 2012/0122046 A1).
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1: The end of line 5 lacks punctuation, presumably a semicolon.
In lines 14-15, “to prepare alkaline mixture solution” appears to be a misstatement of “to prepare the basic alkaline mixture solution.”
In line 16, “configured to mix [[a ]]the basic alkaline solution” appears to be a misstatement of “configured to mix a basic alkaline solution.”
In line 18, “configured to supply the alkaline mixture solution” appears to be a misstatement of “configured to supply the basic alkaline mixture solution.”
Appropriate correction is required.
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 1-2, 4, 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: The claim recites, “the mixer is configured to supply the alkaline mixture solution when a filling level of the basic alkaline mixture solution in the absorption level is lowered.” It is unclear what is meant by “a filling level . . . in the absorption level.” For the purposes of examination only, the claim will be interpreted as reciting “a filling level of the basic alkaline mixture solution in the absorption tower
Claims 2, 4, and 6-10 are rejected because of their dependence from claim 1.
Claim 6: In line 1, the claim recites, “the basic alkali mixture.” There is insufficient antecedent basis for this limitation. For the purposes of examination only, this limitation will be interpreted as “the basic alkaline solution
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.
Claims 1, 4, 6, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Imbabi et al. (US 2019/0232216 A1) in view of Kim et al. (KR101313720B1), Bang et al. (KR101474540B1), and Tsantrizos et al. (US 2012/0122046 A1), and as evidenced by Dong (CN213142632U).
Regarding claim 1, Imbabi discloses a system for the capture and conversion of carbon dioxide to produce practically and commercially useful, non-hazardous solid materials (Fig. 3; [0001]) from the effluent gas (i.e., flue gas) from an industrial plant ([0017]) (i.e., a carbon dioxide capture and carbon resource recovery system for land use) comprising:
a junction (Fig. 3) where a wash water is mixed with an alkali feed 2 ([0061], [0112]) (i.e., a mixer for supplying a basic alkaline mixture solution);
an absorbing stage 7 where an alkaline aqueous solution obtained from the alkali feed ([0113]) dissolves carbon dioxide to form an alkaline aqueous solution containing carbonate anions ([0114]), wherein the carbon dioxide may be bubbled through the alkaline aqueous solution ([0024]) (i.e., an absorption tower for capturing carbon dioxide in flue gas by reacting the basic alkaline mixture solution supplied from the mixer and flue gas through a bubbler);
a precipitation stage 8 (i.e., a separator) that receives an alkaline aqueous solution feed 10 containing carbonate ions, the feed 10 extending between the absorbing stage 7 and the precipitation stage 8 (i.e., for collecting a reactant containing carbon dioxide captured in the absorption tower) ([0121]) for separating first and second products through lines 9a and 9b ([0138], [0144])) for producing products to be washed and dried ([0132]) from first and second supernatant liquids ([0124]) (i.e., separating a carbon dioxide reactant and a waste solution from the reactant); and
a gas exit atop the absorbing stage 7 (Fig. 3) (i.e., a discharger for discharging a residual flue gas from which the carbon dioxide captured in the absorption tower has been removed).
However, Imbabi does not explicitly disclose (i) a bubbler installed at a bottom; (ii) a carbon resource storage for storing the separated carbon dioxide reactant as a resource; (iii) a mixer configured to mix a basic alkaline solution supplied from a basic alkaline solution storage tank and water supplied from a water supply source to prepare alkaline mixture solution; (iv) a mixer configured to mix a basic alkaline solution and water are mixed until the pH of the basic alkaline mixture mixed solution becomes 12 to 12.5; or (v) a mixer configured to supply the alkaline mixture solution when a filling level of the basic alkaline mixture solution in the absorption level is lowered (vi) to less than 90% until the filling level of the alkaline mixture solution reaches 100%.
Regarding (i) and (iii)-(v), Kim discloses an apparatus for removing carbon dioxide exhaust gas (Abstract). Kim discloses a first aeration device 111a installed at the bottom of a first absorption tower 111 (i.e., a bubbler installed at a bottom) to form fine air bubbles of the exhaust gas supplied through an exhaust gas discharge line L1 to facilitate contact between carbon dioxide and the absorption liquid (Fig. 2; [0048]); an absorption liquid manufacturing tank 127 with a stirrer 127a ([0059]) and an absorbent liquid storage tank 129 with a stirrer 129a ([0060]) of an absorbent supply unit 120 (0055]) (i.e., a mixer, collectively), the absorption liquid manufacturing tank 127 receiving water from a process water storage tank 125 and an alkali admixture from a storage tank 123 to prepare absorption liquid ([0057], [0059]) (i.e., a mixer configured to mix a basic alkaline solution supplied from a basic alkaline solution storage tank and water supplied from a water supply source to prepare alkaline mixture solution); wherein an absorption solution should be at a pH of 12.5 or higher ([0030]) (i.e., a mixer configured to mix a basic alkaline solution and water are mixed until the pH of the basic alkaline mixture mixed solution becomes 12.5); and wherein, when a water level in the absorption tower is below a certain level according to a water level meter 43, new absorbent liquid from a supply tank is supplied to the absorption tower ([0031]) by pumps P3 and P4 of the absorbent supply unit 120 ([0059], [0060], [0072]) (i.e., mixer configured to supply the alkaline mixture solution when a filling level of the basic alkaline mixture solution in the absorption level is lowered).
It is noted that Kim discloses embodiments with absorbent liquid supplied to a single tower (Fig. 1) and to towers in series (Figs. 2, 3), so it would have been obvious to the skilled practitioner that the teachings of Kim could be adapted to a configuration with one tower or plural towers (Kim, [0092]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Imbabi by providing (i) a bubbler installed at a bottom; (iii) a mixer configured to mix a basic alkaline solution supplied from a basic alkaline solution storage tank and water supplied from a water supply source to prepare alkaline mixture solution; (iv) a mixer configured to mix a basic alkaline solution and water are mixed until the pH of the basic alkaline mixture mixed solution becomes 12.5; and (v) a mixer configured to supply the alkaline mixture solution when a filling level of the basic alkaline mixture solution in the absorption level is lowered as taught by Kim because these configuration can remove carbon dioxide with high efficiency ([0030]).
Regarding the limitation, “pH of the basic alkaline mixture mixed solution becomes 12 to 12.5,” Kim teaches that an absorption solution should be at a pH of 12.5 or higher. It has been held that obviousness exists where claimed ranges overlap ranges disclosed by the prior art. See MPEP 2144.05 (I).
Regarding (ii), Bang teaches a carbon dioxide abatement system with a first reaction chamber 150 in which a basic solution and the carbon dioxide microbubbles are subjected to a primary carbonation reaction (p. 1, bottom), wherein calcium carbonate is stored in a storage unit 190 (i.e., a carbon resource storage) after being screened by size (Abstract).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Imbabi in view of Kim by providing (ii) a carbon resource storage for storing the separated carbon dioxide reactant as a resource as taught by Bang because (1) Imbabi teaches the recovery of dried products but does not describe how they are stored for later use (Imbabi, [0132]); and (2) a storage unit can store a carbon product (Bang, Abstract).
Regarding (vi), Tsantrizos discloses a scrubber 44 for neutralizing the acidity of exhaust gas (Fig. 3; [0026]). Tsantrizos teaches that the level of water in the scrubber 44 is kept constant by maintaining the desired water level is between upper and lower sensors ([0028]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Imbabi in view of Kim and Bang by providing (vi) a mixture configured to supply the alkaline mixture solution when a filling level of the basic alkaline mixture solution in the absorption level is lowered to less than 90% until the filling level of the alkaline mixture solution reaches 100% as taught by Tsantrizos because (1) level sensors can be used to keep a liquid level constant at a desired level for scrubbing (Tsantrizos, [0028]); (2) it was known that desired liquid levels could be expressed as percentages, such as 60% and 80%, as evidenced by Dong ([n0011]); and (3) the teaching of desired water levels for scrubbing (Tsantrizos, [0028]) is a teaching that liquid level is a result-effective variable which one skilled in the art would desire to optimize, and therefore cannot be given patentable weight. See MPEP 2144.05 (II)(A).
Regarding claim 4, Kim teaches that water and the alkali admixture are mixed ([0081]), and that a desirable pH is 12.5 or higher ([0030]), so it would have been obvious for the skilled practitioner of Imbabi in view of Kim, Bang, and Tsantrizos to configure a mixer to achieve the an appropriate ratio of the basic alkaline solution to water when mixing to obtain a pH as recited in claim 1, and the skilled practitioner would have had an expectation of success since Imbabi teaches that the pH of an alkaline aqueous solution can be controlled to a desired pH ([0024]).
Regarding claim 6, Imbabi teaches that the alkali may be sodium hydroxide ([0027]) (i.e., a basic alkali mixture that comprises at least one liquid composition selected from sodium hydroxide).
Regarding claim 8, Kim teaches an embodiment (Fig. 2) in which towers 111 and 113 are arranged in series ([0047]) to facilitate large-scale gas processing ([0006], [0032], bottom of page), so it would have been obvious to the practitioner of Imbabi in view of Kim, Bang, and Tsantrizos to provide an absorption tower configured in series.
Regarding claim 10, Imbabi in view of Kim, Bang, and Tsantrizos does not explicitly disclose that the carbon dioxide reactant contains sodium carbonate (Na2CO3) or sodium hydrogen carbonate (NaHCO3).
However, this text of claim 1 recites, “separating a carbon dioxide reactant . . . a carbon resource storage for storing the separated carbon dioxide reactant as a resource,” and absent evidence to the contrary, the precipitation stage/separator of Imbabi, and the storage unit/carbon resource storage of Bang are interpreted as being capable of separating and storing sodium carbonate and sodium hydrogen carbonate. It is noted that the inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. It is further noted that apparatus claims cover what a device is, not what a device does. See MPEP 2114(II).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Imbabi in view of Kim, Bang, and Tsantrizos, as applied to claim 1 above, and further in view of Maayan et al. (US 2020/0171431 A1).
Imbabi in view of Kim, Bang, and Tsantrizos does not explicitly disclose a bubbler that is capable of forming flue gas microbubbles using the flue gas.
Mayaan discloses an air treatment unit 100 for reacting one or more gaseous species with an alkaline solution (Fig. 1; [0036]). Mayaan teaches that the unit 100 includes a reaction reservoir 104 at the bottom of which is an air dispersing element 106 (i.e., a bubbler) for convert at least a portion of the flow of input air into a plurality of microbubbles 108 ([0022]), the size of which may have a direct effect on the rate of reaction and conversion of the reaction ([0028]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Imbabi in view of Kim, Bang, and Tsantrizos by providing a bubbler that is capable of forming flue gas microbubbles using the flue gas as taught by Mayaan because microbubble-sized bubbles may have a direct effect on the rate of reaction and conversion of the reaction, providing advantages (Mayaan, [0028]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Imbabi in view of Kim, Bang, and Tsantrizos, as applied to claim 1 above, and further in view of Salehpoor (US 11,471,816 B2).
Imbabi in view of Kim, Bang, and Tsantrizos does not explicitly disclose that the absorption tower supplies the basic alkaline mixture from the mixer through a plurality of nozzles installed on the top thereof.
Salehpoor discloses a pollutant capturer (Fig. 1; Abstract) for capturing carbon dioxide from a body of polluted gaseous substance (col. 56, line 5). Salehpoor discloses spray nozzles 47 in order to capture or remove polluting substances within the container 17 (col. 24, lines 25-29).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Imbabi in view of Kim, Bang, and Tsantrizos by providing an absorption tower that supplies the basic alkaline mixture from the mixer through a plurality of nozzles installed on the top thereof as taught by Salehpoor because spray nozzles are effective for removing or capturing polluting substances emerging from a bubbler (Sahlepoor, col. 24, lines 25-29).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Imbabi in view of Kim, Bang, and Tsantrizos, as applied to claim 1 above, and further in view of Mayaan.
Tsantrizos teaches a process controller with a microcontroller ([0022]), and a caustic tank with a valve opened based on a pH value of a pH meter ([0026]) automatically under the control of the controller ([0027]), so it would have been obvious in the embodiment of Imbabi in view of Kim, Bang, and Tsantrizos to provide a processor configured to control a supply amount of a basic alkaline mixture solution.
Imbabi in view of Kim, Bang, and Tsantrizos does not explicitly disclose a processor configured to monitor the filling level and the pH of the basic alkaline mixture solution in the absorption tower.
Mayaan discloses an air treatment unit 100 for reacting one or more gaseous species with an alkaline solution (Fig. 1; [0036]). Mayaan teaches a controller 126 using a microprocessor ([0052]) that can sample the output of a fluid level sensor 136 and the output of a pH sensor 134 to determine a pH level of a solution in a reservoir 104 ([0054] (i.e., a processor configured to monitor a filling level and pH of a basic alkaline mixture in an absorption tower). Mayaan teaches that such a controller can enable automatic control of the various controllable features of an air treatment system ([0061]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Imbabi in view of Kim, Bang, and Tsantrizos by providing (i) a processor configured to monitor the filling level and the pH of the basic alkaline mixture solution in the absorption tower as taught by Mayaan because a controller with a processor so configured can enable automatic control of the various controllable features of an air treatment system (Mayaan, [0061]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL E GITMAN whose telephone number is (571)272-7934. The examiner can normally be reached M-Th 7:15-5:45pm.
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/GABRIEL E GITMAN/Primary Examiner, Art Unit 1772
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