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 .
Claim Rejections - 35 USC § 112(b)
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 12 and 13 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 12 recites:
12. The system of claim 14, wherein the direct contact cooler is further fluidly coupled to the water wash station to receive ammonia-rich wash water therefrom through the ammonia-rich wash water inlet. Emphasis added.
Claim 12 is indefinite because “ammonia-rich” is relative terminology that the disclosure fails to provide a standard of measuring and for which a person of ordinary skill in the art would be unable to ascertain the meaning of. See MPEP 2173.05(b).
Claim 12 is also indefinite because “the ammonia-rich wash water inlet” lacks antecedent basis, as claim 14 introduces “a wash water inlet.”
Claim 13 is indefinite because it depends from claim 12.
Also, claim 13 recites:
13. The system of claim 12, further comprising:
a heat exchanger adapted to transfer heat from chilled water circulating in the second treatment section of the direct contact cooler to ammonia-rich wash water flowing from the water wash station to the direct contact cooler. Emphasis added.
Claim 13 is indefinite because “ammonia-rich” is relative terminology that the disclosure fails to provide a standard of measuring and for which a person of ordinary skill in the art would be unable to ascertain the meaning of. See MPEP 2173.05(b).
Claim 13 is also indefinite because it is unclear whether the “ammonia-rich wash water” is the same as the “ammonia-rich wash water” of claim 12 or as the “wash water” of claim 14.
Allowable Subject Matter
Claims 14, 15, 2–5, 8–11 and 16–20 are allowed. Claims 12 and 13 would be allowable if the 35 U.S.C. 112(b) issues are resolved.
The claims are allowable over Koss, US 2013/0042759 A1.
Independent claim 14 is allowable over Koss because the reference is silent as to a heater connected to the set of nozzles 22 or 27 (either being the “ammonia-rich wash water inlet of the direct contact cooler”) and adapted to heat the cooling liquid from the “wash water station” to the pre-conditioning section 3 (the “direct contact cooler”). It would not have bene obvious to add a heater because the cooling water supplied by nozzles 22, 27 is intended for cooling the flue gas.
Claim 15 is allowable over Koss because the reference is silent as to an ammonium carbonate separator fluidly coupled with pipe 53 (the “chilled water outlet”) and adapted to receive a side stream of ammonium-carbonates loaded water from the pipe 53 and to decompose the ammonium carbonates into ammonia and carbon dioxide, and there is no discussion in the reference of ammonium carbonates being generated.
The dependent claims are allowable because they depend from claims 14 or 15.
Withdrawn Claims
Withdrawn claims 21–25 should either be cancelled or amended to directly mirror the language of claims 14 or 15 (this could be done by amending claim 21 to depend from claim 14 or 15). Note that a notice of allowance is unlikely to be communicated until the withdrawn claims are cancelled or amended in the manner described above.
Response to Arguments
Claim Objections
The Examiner withdraws the previous objections to claim 20.
35 U.S.C. 112(b) Rejections
The Examiner withdraws the previous 35 U.S.C. 112(b) rejections, except with respect to claims 12 and 13.
35 U.S.C. 102 & 103 Rejections
The Examiner withdraws the previous 35 U.S.C. 102 & 103 rejections in light of the amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 T. BENNETT MCKENZIE whose telephone number is (571)270-5327. The examiner can normally be reached Mon-Thurs 7:30AM-6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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T. BENNETT MCKENZIE
Primary Examiner
Art Unit 1776
/T. BENNETT MCKENZIE/Primary Examiner, Art Unit 1776