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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species A, which includes claims 1-14, in the reply filed on 11/10/2025 is acknowledged.
Claim(s) 15-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/10/2025.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Objections
Claim 5 is objected to because of the following informality:
Claim 5 contains a grammatical error; it appears that “the quantity of calcium carbonate included in the calciner input stream” should read “wherein the quantity of calcium carbonate is included in the calciner input stream” (see claim 5 at lines 5-6).
Appropriate correction is required.
Claim Interpretation
For purposes of claim interpretation, “plots” as recited in claim 7 (see claim 7 at line 2) is interpreted as meaning measured pieces of land, as this is the dictionary definition which appears most in keeping with Applicant’s intent given the context in which “plots” is used in claim 7 and in the specification.
For purposes of claim interpretation, “particle size” as recited in claim 8 (see claim 8 at line 2) is interpreted as meaning particle diameter or equivalent diameter, as this would be the typical definition as understood by one of ordinary skill in the art.
For purposes of claim interpretation, “about” as recited in claims 8 and 12-14 (see claim 12 at line 1 and claims 8 and 13-14 each at line 2) is interpreted as meaning the value +/- 10%, as this would appear most in keeping with Applicant’s intent as discussed in the specification at paragraph [0066].
Claim Rejections - 35 USC § 102
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 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 1-4 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kohler, et al. (EP-3865801-A1) (hereinafter, “KOHLER”).
Regarding claim 1, KOHLER teaches a method (see KOHLER generally at Title), comprising:
transferring a calciner input stream to a calciner (see KOHLER at Abstract and Fig. 1A, teaching transferring raw meal 102 to calciner 18),
the calciner input stream including calcium carbonate (see KOHLER at paragraphs [0008] and [0062]);
applying heat to the calciner to decompose the calciner input stream into a calciner product stream and a CO2 stream, the calciner product stream including calcium oxide (see KOHLER at paragraphs [0008] and [0062]);
sequestering the CO2 stream (see KOHLER at paragraphs [0003] and [0063] and Fig. 1A, teaching sequestering the CO2 stream 187 for further processing or storage);
dividing the calciner product stream into a first calciner product stream and a second calciner product stream (see KOHLER at paragraph [0064] and Fig. 1A, teaching dividing the calcined raw meal stream 108 into a first portion 108a and a second portion 108b);
transferring the first calciner product stream to a carbonation station (see KOHLER at paragraph [0065] and Fig. 1A, teaching transferring the second portion 108b to carbonator 28);
contacting the calcium oxide in the first calciner product stream with ambient air in the carbonation station to form the calciner input stream (see KOHLER at paragraphs [0005], [0047] and [0067] and Fig. 1A, teaching the CaO in the carbonator reacts with the CO2 to form CaCO3, that the CO2 source provided to the carbonator is a mixture of flue gas and ambient air, and that the CaCO3 from the carbonator is circled to the raw meal inlet of the calciner);
and transferring the second calciner product stream to a kiln to produce a clinker (see KOHLER at paragraph [0064] and Fig. 1A, teaching transferring the first portion 108a to kiln 10 to produce cement clinker 109).
Regarding claim 2, KOHLER teaches a method according to claim 1, wherein the calciner input stream is a recycled stream transferred from the carbonation station (see KOHLER at paragraphs [0005] and [0067] and Fig. 1A, teaching that the CaCO3 from the carbonator 28 is recycled back to the calciner 18 via outlet 283 of the carbonator), the method further comprising: transferring a makeup stream to the calciner, the makeup stream including calcium carbonate (see KOHLER at paragraphs [0008], [0060] and Fig. 1A, teaching preheating raw meal (which comprises CaCO3) stream 100 (i.e., a makeup stream) and transferring it to the calciner 18).
Regarding claim 3, KOHLER teaches a method according to claim 2, further comprising:
transferring the calciner input stream through a first gate coupled to the calciner (see KOHLER at paragraphs [0005] and [0067] and Fig. 1A, teaching transferring CaCO3 from carbonator 28 through cyclone preheater 23 which is connected to calciner 18); and
transferring the makeup stream through a second gate coupled to the calciner (see KOHLER at paragraphs [0060], [0087] and Fig. 1A, that raw meal 100 is transferred through cyclone preheater 24 which is connected to the calciner 18).
Regarding claim 4, KOHLER teaches a method according to claim 2, wherein the makeup stream includes naturally occurring limestone (see KOHLER at paragraph [0002], teaching that limestone (CaCO3) is raw meal that is calcined).
Regarding claim 12, KOHLER teaches a method according to claim 1, wherein the sequestered CO2 stream includes at least about 80 vol% CO2 (see KOHLER at paragraphs [0003] and [0063], teaching that the CO2 stream is essentially pure, i.e., near 100 vol% CO2).
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 6 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over KOHLER in view of Balfe, et al. (U.S. Pub. No. 2015/0343373-A1) (hereinafter, “BALFE”).
Regarding claim 6, KOHLER teaches a method according to claim 1.
KOHLER fails to explicitly teach adding at least one of clay or iron ore to the second calciner product stream prior to transferring the second calciner product stream to the kiln.
BALFE teaches a process for carbon capture coupled with cement production wherein the product stream containing CaO from the calciner is split into a first and second product stream, one of which is transferred to a carbonator and the other of which is transferred to a kiln for cement production (see BALFE at Fig. 3 and paragraphs [0002], [0023], [0033]-[0034] and [0036]), and teaches that the raw material for clinkering that is fed to the kiln typically includes clay (see BALFE at paragraphs [0003]-[0004]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of KOHLER by adding clay to the stream that is fed to the kiln for clinkering (i.e., the second calciner product stream), as BALFE that it is typical for feed material for clinkering in the kiln to include clay (see BALFE at paragraphs [0003]-[0004]). One of ordinary skill in the art could have added clay to the kiln feed material with a reasonable expectation of success, yielding the predictable result of providing a typical feed material for clinkering which will produce cement clinker. Further, BALFE teaches that raw material including clay is a known feed material for cement clinker production in a kiln, and MPEP § 2144.07 states that “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Regarding claims 13-14, KOHLER teaches a method according to claim 1.
KOHLER fails to explicitly teach that the second calciner product stream has a mass flow rate of less than about 2.0 times a mass flow rate of the first calciner product stream, as recited by claim 13, or that the first calciner product stream has a mass flow rate of less than about 1.5 times as much as a mass flow rate of the second calciner product stream, as recited by claim 14.
BALFE teaches a process for carbon capture coupled with cement production wherein the product stream containing CaO from the calciner is split into a first and second product stream, one of which is transferred to a carbonator and the other of which is transferred to a kiln for cement production (see BALFE at Fig. 3 and paragraphs [0002], [0023], [0033]-[0034] and [0036]), wherein the mass flow rate of the second and first product streams fall into the ranges of claims 13 and 14, respectively; e.g., when 50% of the material is recirculated to the carbonator and the remaining 50% is transferred to the kiln, the mass flow rates are the same, i.e., one stream has 1 times as much mass flow rate as the other stream (see BALFE at paragraph [0025] and Fig. 5). BALFE also teaches that the amount of CaO product recirculated vs. transferred to the kiln affects the composition/activity of the lean and rich sorbent (i.e., CaO streams and CaCO3 streams) and the efficiency of carbon dioxide capture in the carbonator (see BALFE at paragraphs [0014], [0018]-[0019] and [0025]-[0039] and Figs. 3 and 5-6). BALFE therefore explicitly teaches that the respective mass flow rates of the first and second calciner product stream is a result-effective variable which can be optimized by one of ordinary skill in the art.
MPEP states that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” (In re Aller, 220 F.2d 454, 456 (CCPA 1955)), and that "The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages." (Peterson, 315 F.3d at 1330, 65 USPQ2d at 138). See MPEP § 2144.05 (II). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have varied, through routine experimentation and optimization, the flow rates of the first and second calciner product streams, including flow rates within the ranges of claims 13-14 (e.g., a 50/50 split as taught by BALFE) in order to achieve desired composition and activity of the CaO and CaCO3 in the various streams and the desired carbon dioxide capture efficiency in the carbonator (see BALFE at paragraphs [0014], [0018]-[0019] and [0025]-[0039] and Figs. 3 and 5-6), and in order to produce the desired amount of cement in the kiln.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over KOHLER in view of Bech, et al. (EP-3738939-A1) (hereinafter, “BECH”).
Regarding claim 11, KOHLER teaches a method according to claim 1.
However, KOHLER fails to explicitly teach that the heat is applied to the calciner via at least one of induction or microwave heating.
BECH teaches a method of calcining raw meal containing limestone (CaCO3) for manufacturing of cement clinker which includes carbon capture, wherein microwave energy is used for calcination (see BECH at Abstract and paragraph [0027]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of KOHLER by simply substituting the calciner heat source with microwave heating as taught by BECH (see BECH at Abstract). One of ordinary skill in the art could have made this substitution with a reasonable expectation of success, yielding the predictable result of providing heat to the calciner.
Claim 1-5, 7-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kelemen, et al. (U.S. Pub. No. 2022/0347650-A1) (hereinafter, “KELEMEN”) in view of KOHLER.
Regarding claim 1, KELEMEN teaches a method (see KELEMEN generally at Title), comprising:
transferring a calciner input stream to a calciner (see KELEMEN at Abstract and paragraph [0027]),
the calciner input stream including calcium carbonate (see KELEMEN at paragraphs [0009]-[0010], [0014], [0027], [0031] and Fig. 1, teaching providing a source of feedstock including calcite (CaCO3) to a calciner for preprocessing, and teaching carbonating a feedstock comprising CaO (which forms calcium carbonate) then transferring the carbonated product to a calciner);
applying heat to the calciner to decompose the calciner input stream into a calciner product stream and a CO2 stream, the calciner product stream including calcium oxide (see KELEMEN at paragraphs [0009]-[0010], [0023], [0027] and [0031] and Fig. 1, teaching calcining feedstock to generate a calcined composition comprising CaO and a CO2 stream);
sequestering the CO2 stream (see KELEMEN at paragraph [0033] and Fig. 1, teaching collecting the CO2 product streams from the calciners for subsequent utilization and/or storage);
transferring the calciner product stream to a carbonation station (see KELEMEN at paragraph [0009] and Fig. 1, teaching distributing the calcined composition into a plurality of carbonation plots);
and contacting the calcium oxide in the first calciner product stream with ambient air in the carbonation station to form the calciner input stream (see KELEMEN at paragraphs [0009] and [0032] and Fig. 1, teaching contacting the calcined composition with ambient air then recycling the carbonated composition from the carbonation plots as feed to the calciner).
KELEMEN fails to explicitly teach dividing the calciner product stream into a first calciner product stream and a second calciner product stream and transferring the second calciner product stream to a kiln to produce a clinker.
However, it is known in the art that carbon capture and clinker manufacture processes can be integrated by splitting the calciner product stream and transferring one stream to a kiln to produce a clinker. For example, KOHLER teaches a method of carbon capture and cement production wherein the CaO containing calciner product is divided into two streams, one of which is recycled to the carbonator and the other of which is transferred to a kiln to produce cement clinker (see KOHLER at Abstract, paragraphs [0064]-[0065] and Fig. 1A).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of KELEMEN by including a step of dividing the calciner product stream into two streams and transferring one stream to a kiln to produce a clinker as taught by KOHLER (see KOHLER at Abstract, paragraphs [0064]-[0065] and Fig. 1A). One of ordinary skill in the art would have been motivated to make this modification for the benefit of producing a valuable cement product while simultaneously capturing carbon.
Regarding claim 2, as applied to claim 1 above, KELEMEN in view of KOHLER teaches a method according to claim 1, wherein the calciner input stream is a recycled stream transferred from the carbonation station (see KELEMEN at paragraph [0032] and Fig. 1, teaching that the input stream to calciner 106 is recycled from carbonation plots 102), the method further comprising: transferring a makeup stream to the calciner, the makeup stream including calcium carbonate (see KELEMEN at paragraphs [0014], [0030]-[0031], [0042]-[0043] and [0049] and Fig. 1, teaching that feedstock (which comprises e.g. calcite, CaCO3) 104A, which is a makeup stream, is transferred to preprocessing calciner 110).
Regarding claim 3, as applied to claim 2 above, KELEMEN in view of KOHLER teaches a method according to claim 2, further comprising: transferring the calciner input stream through a first gate coupled to the calciner (see KELEMEN at paragraph [0032] and Fig. 1, teaching transferring the input stream recycled from the carbonation plots to a calciner 106 through a first inlet); and transferring the makeup stream through a second gate coupled to the calciner (see KELEMEN at paragraphs [0030]-[0031], [0042]-[0043] and [0049] and Fig. 1, teaching transferring makeup stream 104A to a calciner 110 through a second inlet).
Regarding claim 4, as applied to claim 2 above, KELEMEN in view of KOHLER teaches a method according to claim 2, wherein the makeup stream includes naturally occurring limestone (see KELEMEN at paragraphs [0005], [0014] and [0034], teaching that the feedstock is a mineral feedstock (i.e., natural), e.g., calcite, which is what limestone is made of).
Regarding claim 5, as applied to claim 1 above, KELEMEN in view of KOHLER teaches a method according to claim 1, further comprising: hydrating at least a portion the first calciner product stream to produce calcium hydroxide (see KELEMEN at paragraphs [0009]-[0010] and [0037]-[0038], teaching the hydration of MgO which forms Mg(OH)2; KELEMEN also teaches that the composition including one or more metal oxides can include CaO instead of or in addition to MgO, i.e., instead of just MgO, CaO, or a mixture of both CaO and MgO, can be hydrated, which would form Ca(OH)2); and contacting the calcium hydroxide with ambient air at the carbonation station to form water and a quantity of calcium carbonate (see KELEMEN at paragraphs [0006], [0009]-[0010] and [0037]-[0038], teaching that the hydroxides formed in the carbonation plots are carbonated via ambient air, which is a reaction that forms carbonates (e.g., magnesium hydroxide forms magnesium carbonate, calcium hydroxide forms calcium carbonate) and water), wherein the quantity of calcium carbonate is included in the calciner input stream (see KELEMEN at paragraphs [0009] and [0032] and Fig. 1, teaching the carbonates formed in the carbonation plots are recycled as feed to the calciner).
Regarding claim 7, as applied to claim 1 above, KELEMEN in view of KOHLER teaches a method according to claim 1, wherein the carbonation station includes an array of carbonation plots configured to expose the calcium oxide in the first calciner product stream to ambient air (see KELEMEN at Abstract).
Regarding claim 8, as applied to claim 7 above, KELEMEN in view of KOHLER teaches a method according to claim 7, wherein the calcium oxide is a powder and has an average particle size of no more than about 500 μm (see KELEMEN at paragraphs [0008] and [0041], teaching that the composition comprising the metal oxides has an average particle size of 20 μm).
Regarding claim 9, as applied to claim 1 above, KELEMEN in view of KOHLER teaches a method according to claim 1, wherein heat applied to the calciner is from a renewable energy source (see KELEMEN at paragraphs [0021] and [0026], teaching a solar calciner).
Regarding claim 10, as applied to claim 1 above, KELEMEN in view of KOHLER teaches a method according to claim 1, wherein the heat applied to the calciner is via electric resistance heating, and the electricity for the electric resistance heating is provided from a renewable energy source (see KELEMEN at paragraphs [0021] and [0026], teaching that the energy provided to the calciner is solar electricity, and that the calciner is a combination of an electric-fired calciner and a solar calciner).
Regarding claim 12, as applied to claim 1 above, KELEMEN in view of KOHLER teaches a method according to claim 1, wherein the sequestered CO2 stream includes at least about 80 vol% CO2 (see KELEMEN at paragraph [0036], teaching that the calciner produces a nearly pure stream of CO2, i.e., near 100 vol% CO2).
Conclusion
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/S.C.C./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731