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 .
Election/Restrictions
Applicant’s election without traverse of Species A, encompassing claims 1-16 and 33, in the reply filed on June 26, 2026 is acknowledged.
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 non-obviousness.
Claims 1-16 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Heidel et al. (US Patent Application no. 2019/0359894) in view of Fleischer et al. (US Patent Application Publication no. 2018/0195184).
Regarding claim 1, Heidel discloses a system for producing one or more chemical compounds (abstract), the system comprising:
(a) a carbon dioxide capture unit (101) configured to capture carbon dioxide from an impure carbon dioxide source and output carbon dioxide at a concentration greater than the concentration of carbon dioxide in the impure carbon dioxide source (paragraphs 36 – the CO2 is extracted from a dilute gaseous mixture increasing its concentration in the CO2 containing feed stream),
(b) a carbon dioxide reduction electrolyzer (103) comprising a membrane electrode assembly, which comprises one or more ion conductive polymer layers for facilitating chemical reduction of the carbon dioxide to a carbon-containing reaction product (paragraphs 130, 140 – the electrolyzer can be any known type for the reduction of CO2, i.e. polymer electrolyte membrane/proton exchange membrane, alkaline or SOEC); and
(c) a heat transfer unit configured to transfer excess heat generated by the carbon dioxide reduction electrolyzer to the carbon dioxide capture unit and facilitate carbon dioxide capture and/or carbon dioxide release by the carbon dioxide capture unit (paragraphs 141-142, 144), wherein the system is configured to provide carbon dioxide from the carbon dioxide capture unit to the carbon dioxide reduction electrolyzer (paragraphs 140-141, 144 – heat energy and/or materials can be exchanged between subsystems 101, 102 and 103).
Heidel fails to explicitly teach wherein the electrolyzer comprises a cathode catalyst.
However, Heidel discloses a polymer electrolyte membrane (PEM) set up of an electrolysis cell, which is well-known to comprise catalyst layers for facilitating chemical reduction of carbon dioxide to a carbon-containing reaction product at the cathode, as taught by Fleischer (paragraphs 5, 58, 74).
It would have been obvious to one having ordinary skill in the art at the time of filing to use an electrolytic cell set up comprising a cathode catalyst layer in the system of Heidel because as taught by Fleischer, PEM electrolytic cells comprising catalyst layers are well-known for facilitating chemical reduction of carbon dioxide to a carbon-containing reaction product at the cathode, and one would have a reasonable expectation of success in doing so.
Regarding claim 2, Heidel further teaches wherein the carbon dioxide reduction electrolyzer is configured to produce, during operation, humidity, and wherein the system is configured to deliver the humidity produced by the carbon dioxide reduction electrolyzer to the carbon dioxide capture unit, and wherein the carbon dioxide capture unit is configured to release captured carbon dioxide upon exposure to the humidity (paragraphs 143-144 - materials can be exchanged between subsystems 101, 102 and 103, i.e. water, steam).
Regarding claim 3, Heidel discloses wherein the system is further configured to transport excess carbon dioxide from the carbon dioxide reduction reactor to the carbon dioxide capture unit where the excess carbon dioxide is purified (paragraphs 143-144 - materials can be exchanged between subsystems 101, 102 and 103; figure 1).
Regarding claim 4, the impure carbon dioxide source of Heidel is air (paragraphs 126-127).
Regarding claim 5, the heat transfer unit of Heidel comprises a heat exchanger configured to receive the excess heat generated by the carbon dioxide reduction electrolyzer (paragraphs 55, 141-142, 144 – heat energy and/or materials can be exchanged between subsystems 101, 102 and 103).
Regarding claim 6, the carbon dioxide capture unit of Heidel comprises a sorbent bed configured to capture carbon dioxide at a first temperature and release carbon dioxide at a second temperature, wherein the second temperature is higher than the first temperature (heat is generated - paragraphs 77, 126-127, 141-142, 144).
Regarding claim 7, the system of Heidel is configured to transport anode water from an outlet of the carbon dioxide capture unit to the heat transfer unit (paragraphs 143-144 - materials can be exchanged between subsystems 101, 102 and 103; figure 1).
Regarding claim 8, the system of Heidel is further configured to recycle the water from the heat transfer unit to the carbon dioxide reduction electrolyzer (paragraphs 17, 50, 132, 147).
Regarding claim 9, the system of Heidel is configured to transport a gas stream comprising the carbon-containing reaction product from an outlet of the carbon dioxide capture unit to the heat transfer unit (paragraphs 143-144 - materials can be exchanged between subsystems 101, 102 and 103; figure 1).
Regarding claim 10, the system of Heidel is further configured to transport anode water from an outlet of the carbon dioxide capture unit to a second heat transfer unit configured to transfer heat to the carbon dioxide capture unit (paragraphs 17, 50, 132, 147).
Regarding claim 11, the carbon-containing reaction product of Heidel comprises carbon monoxide and wherein the system is configured to combine hydrogen with the carbon monoxide and produce syngas (paragraphs 133, 140).
Regarding claim 12, the water electrolyzer of Heidel is configured to produce the hydrogen (paragraph 130).
Regarding claim 13, Heidel further teaches a Fischer-Tropsch reactor configured to receive the syngas (paragraphs 134-137).
Regarding claim 14, Heidel discloses a second heat transfer unit configured to transfer excess heat generated by the Fischer-Tropsch reactor to the carbon dioxide capture unit and facilitate carbon dioxide capture and/or carbon dioxide release by the carbon dioxide capture unit (paragraphs 140-144).
Regarding claim 15, Heidel further discloses a methanol synthesis reactor configured to receive the syngas (paragraphs 133, 138).
Regarding claim 16, Heidel teacehs a second heat transfer unit configured to transfer excess heat generated by the methanol synthesis reactor to the carbon dioxide capture unit and facilitate carbon dioxide capture and/or carbon dioxide release by the carbon dioxide capture unit (paragraphs 140-144).
Regarding claim 33, Heidel discloses a system comprising:
(a) a carbon dioxide reduction electrolyzer (103) comprising a membrane electrode assembly, which comprises one or more ion conductive polymer layers and a cathode catalyst for facilitating chemical reduction of carbon dioxide to a carbon containing compound (paragraphs 130, 140 – the electrolyzer can be any known type for the reduction of CO2, i.e. polymer electrolyte membrane/proton exchange membrane, alkaline or SOEC);
(b) one or more reactors (102) configured to receive the carbon containing compound produced by the carbon dioxide reduction electrolyzer or a derivative of the carbon containing compound, and produce one or more product chemicals (paragraphs 144 – heat energy and/or materials can be exchanged between subsystems 101, 102 and 103); and
(c) a heat accepting unit configured to receive excess heat generated by the carbon dioxide reduction electrolyzer (103) and facilitate production of the one or more product chemicals (paragraphs 55, 141-142, 144 – heat energy and/or materials can be exchanged between subsystems 101, 102 and 103).
Heidel fails to explicitly teach wherein the electrolyzer comprises a cathode catalyst.
However, Heidel discloses a polymer electrolyte membrane (PEM) set up of an electrolysis cell, which is well-known to comprise catalyst layers for facilitating chemical reduction of carbon dioxide to a carbon-containing reaction product at the cathode, as taught by Fleischer (paragraphs 5, 58, 74).
It would have been obvious to one having ordinary skill in the art at the time of filing to use an electrolytic cell set up comprising a cathode catalyst in the system of Heidel because as taught by Fleischer, PEM electrolytic cells comprising catalyst layers are well-known for facilitating chemical reduction of carbon dioxide to a carbon-containing reaction product at the cathode, and one would have a reasonable expectation of success in doing so.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZULMARIAM MENDEZ whose telephone number is (571)272-9805. The examiner can normally be reached M-F 8am-4:30p.
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/ZULMARIAM MENDEZ/ Primary Examiner, Art Unit 1794
