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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) sensors for measuring values and a controller for receiving and determining values. (Step 1 – yes directed to a device)
The act of gathering and determining data is considered to be an abstract idea. The data obtained from the sensors and the calculation of determining carbon loading can be done by hand. The controller simply receives the data and determines carbon loading. This can also be done by someone looking at the device or just showing the information on a panel. There are no further components recited other than just a typical controller and sensor.
This judicial exception is not integrated into a practical application because it involves steps of gathering and determining date but this does not amount to anything past that with the sensors and controller. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because having an absorber and stripper is something that is well known in the art for gas absorption. The limitations of the claims are only related to sensing parameters and a controller receiving this data and determining a value based on the data. The claims do not recite any kind of connection between the controller and the system, the controller is only there to receive and determine data values.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US20120245737) in view of Rana (US20140182457).
Claim 1: Liu teaches a carbon dioxide capture process control system ([0018] teaches that the invention relates to a real time control method and gas purification system for absorbing CO2 in a solvent based capture system.), comprising: a first group of sensors adapted for collecting real-time pH and density data for a lean carbon capture solvent used for capture of an acid gas from a source fluid stream (Figure 1 shows sensors 86 and 84 in the lean solvent line 66 and 20. [0025] teaches that the sensors can measure various operating parameters of the stream including pH and density.); a second group of sensors adapted for collecting real-time pH and density data for a rich carbon capture solvent following capture of the acid gas from the source fluid stream (Figure 1 shows sensors 82 and 88 in the rich solvent line 28 and 62. [0025] teaches that the sensors can measure various operating parameters of the stream including pH and density.); and a controller adapted for (a) receiving the real-time temperature, pH, density and viscosity data for both the lean carbon capture solvent and the rich carbon capture solvent ([0025]-[0026] teaches that the sensors are all connected to an analyzer 80 which is in communication with a control unit 100. This would mean that all the sensor readings are sent to the control unit.), (b) determining carbon loading of the lean carbon capture solvent based upon the real-time temperature data and the real-time pH data for the lean carbon capture solvent and (c) determining carbon loading of the rich carbon capture solvent based upon the real-time temperature data and the real-time pH data for the rich carbon capture solvent ([0025] teaches that the control unit 100 is configured to adjust operating parameters of the system in response to the analyzer 80. [0026] teaches that the control unit 100 provides signals to the system and analyzer 80 communicates with liquid flows of the anime solvent capture system 10 and monitors the amine concentration and CO2 loading in the liquid phase. [0027] teaches it can monitor real time solvent cyclic capacity. [0004] teaches that it determines a cyclic capacity of the solvent, which uses both the loading of the rich and lean solvent.).
Liu does not explicitly state a first group of sensors adapted for collecting real-time temperature and viscosity data for a lean carbon capture solvent used for capture of an acid gas from a source fluid stream and a second group of sensors adapted for collecting real-time temperature and viscosity data for a rich carbon capture solvent following capture of the acid gas from the source fluid stream. Liu teaches real time measuring of parameters in a CO2 removal system as taught in [0018].
Rana teaches in figure 2 a system for spraying gas with a cleaning solvent to clean the gas and recycle the solvent back to the vessel (Abstract teaches this. This is similar to a scrubber.). Rana teaches the use of a temperature sensor in [0015] for the solvent in order to regular the temperature. [0058] teaches that the temperature of the solvent has to be controlled in order to maintain a desired operating temperature. [0019] and [0066] teaches a solvent quality sensor for the rich solvent that includes a viscosity sensor. It teaches that viscosity of a contaminated solvent can be higher than fresh solvent and that is why it provides a real time indication of the viscosity of the solvent within the system.
It would have been obvious to one of ordinary skill before the effective filing date of the invention to have temperature and viscosity sensors as taught by Rana in the device of Liu as Rana teaches the benefits of maintaining temperature for operation of the system and measuring viscosity to determine the loading of the solvent.
Referring to the limitation of “simultaneously collecting” data from the sensor, Liu already teaches multiple sensors are working together and sending results to the control unit. This is considered to read upon the limitation as [0025] teaches plurality of sensors and probes in communication with various conduits for real time optimizing of amine concentration and CO2 level.
Referring to the limitation “wherein the controller is further adapted for maintaining a carbon dioxide capture process efficiency, a desirable solvent quality, and a solvent reclaiming frequency and duration according to the received real time temperature, pH, density, and viscosity data for the lean carbon capture solvent and rich carbon capture solvent” this is considered to be intended usage and read upon by the limitation. Just stating the controller is working towards efficiency, desirable quality, etc are all intended usage that does not add to the structure. In this case, keeping the system running in the first place also reads upon maintaining a carbon dioxide capture process efficiency, a desirable solvent quality, and a solvent reclaiming frequency and duration (The system being on is increasing efficiency compared to being off, having the system run has a desirable solvent quality as it is nothing when off, same with frequency and duration).
Examiner’s note: If applicant wishes to add structural limitations or more limitations to the controller, it is suggested to connect the controller back into the system. Having a limitation of maintaining a carbon dioxide capture efficiency by changing something in the system would give more weight than just “increasing efficiency”. Applicant’s [0064] in the specification states that the controller can control the make up rate of carbon capture solvent via a pump and valve system among other processes. This would be a better way of stating the controller is controlling certain aspects of the system rather than having a broad limitation of increased efficiency or desirable quality.
Claim 2: Liu and Rana teaches the controller is further adapted for (a) determining alkalinity of the lean carbon capture solvent based upon the carbon loading, the real-time temperature and the real-time density of the lean carbon capture solvent and (b) determining alkalinity of the rich carbon capture solvent based upon the carbon loading, the real-time temperature and the real-time density of the rich carbon capture solvent (These limitations only specify teaching of alkalinity, which can be determined from any of the parameters being measured. [0025] of Liu teaches optimizing amine concentration which reads upon the limitation. This is also considered to be intended usage. Since the prior art teaches the structure of the claims, it would be capable of this limitation. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.).
Claim 3: Liu and Rana teach the controller is further adapted for (a) determining degradation of the lean carbon capture solvent based upon the carbon loading, the alkalinity and the real-time viscosity of the lean carbon capture solvent or (b) determining degradation of the rich carbon capture solvent based upon the carbon loading, the alkalinity and the real-time viscosity of the rich carbon capture solvent or (c) both (These limitations only specify teaching of degradation, which can be determined from any of the parameters being measured. [0025] of Liu teaches optimizing amine concentration and CO2 levels which reads upon the limitation. Rana teaches in [0066] that viscosity is measured in real time because degraded solvent is more viscous. This is also considered to be intended usage. Since the prior art teaches the structure of the claims, it would be capable of this limitation. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.).
Claims 4 and 5: Liu and Rana teach the first group of sensors includes a first temperature sensor, a first pH sensor, a first density sensor and a first viscosity sensor and the second group of sensors includes a second temperature sensor, a second pH sensor, a second density sensor and a second viscosity sensor (Claim 1 teaches that the prior arts are measuring these parameters, therefore this is read upon by the prior art.).
Rejection in view of Liu, Rana, and Nakagawa
Claim 6: Liu teaches a third group of sensors adapted for sensing real-time physical parameters of the source fluid stream and a treated fluid stream ([0027] teaches that it measures CO2 concentration in the flue gas and the flue gas flow rate. This would read upon real time physical parameters of the source fluid stream. [0026] teaches that the system also measure CO2 content of the gas phase.).
If Liu does not explicitly teach measuring real time physical parameters of the treated fluid stream, it would have been obvious to one of ordinary skill before the effective filing date of the invention to measure a concentration of CO2 of the treated fluid stream as CO2 emissions to the atmosphere must be controlled (CO2 concentration is a physical parameter).
Claim 7: Liu teaches (a) the third group of sensors includes an inlet CO2 concentration sensor, an outlet CO2 concentration sensor and an inlet source fluid stream flow-rate sensor ([0027] teaches that it measures CO2 concentration in the flue gas and the flue gas flow rate. This would read upon real time physical parameters of the source fluid stream. [0026] teaches that the system also measure CO2 content of the gas phase.).
If Liu does not explicitly teach an outlet CO2 concentration sensor, it would have been obvious to one of ordinary skill before the effective filing date of the invention to measure a concentration of CO2 of the treated fluid stream as CO2 emissions to the atmosphere must be controlled.
Claim 8: Liu teaches a carbon dioxide capture process system ([0018] teaches that the invention relates to a real time control method and gas purification system for absorbing CO2 in a solvent based capture system.), comprising: an absorber vessel including a source fluid stream inlet, a lean carbon capture solvent inlet, a treated fluid stream outlet and a rich carbon capture solvent outlet (Figure 1 shows absorption vessel 12. This has a fluid stream inlet 18, lean solvent inlet 20, treated fluid stream outlet 24, and rich solvent outlet 28.; a stripper including a rich carbon capture solvent inlet connected to the rich carbon capture solvent outlet, a lean carbon capture solvent outlet connected to the lean carbon capture solvent inlet and a captured carbon dioxide outlet (Figure 1 shows regenerator 40. This has a rich solvent inlet 62, lean solvent outlet 66, and CO2 outlet 52 as taught in [0023].); a first group of sensors, adapted for collecting real-time pH and density data for a lean carbon capture solvent used for capture of an acid gas from the source fluid stream, adjacent the lean carbon capture solvent inlet (Figure 1 shows sensor 84 in the lean solvent line 20. [0025] teaches that the sensors can measure various operating parameters of the stream including pH and density.); a second group of sensors adapted for collecting real-time pH and density data for a rich carbon capture solvent following the capture of the acid gas from the source fluid stream, adjacent the rich carbon capture solvent inlet (Figure 1 shows sensor 88 in the rich solvent line 62. [0025] teaches that the sensors can measure various operating parameters of the stream including pH and density.); and a controller adapted for (a) receiving the real-time temperature, pH, density and viscosity data for both the lean carbon capture solvent and the rich carbon capture solvent ([0025]-[0026] teaches that the sensors are all connected to an analyzer 80 which is in communication with a control unit 100. This would mean that all the sensor readings are sent to the control unit.), (b) determining carbon loading of the lean carbon capture solvent based upon the real-time temperature data and the real-time pH data for the lean carbon capture solvent and (c) determining carbon loading of the rich carbon capture solvent based upon the real-time temperature data and the real-time pH data for the rich carbon capture solvent ([0025] teaches that the control unit 100 is configured to adjust operating parameters of the system in response to the analyzer 80. [0026] teaches that the control unit 100 provides signals to the system and analyzer 80 communicates with liquid flows of the anime solvent capture system 10 and monitors the amine concentration and CO2 loading in the liquid phase. [0027] teaches it can monitor real time solvent cyclic capacity. [0004] teaches that it determines a cyclic capacity of the solvent, which uses both the loading of the rich and lean solvent.).
Liu does not explicitly state a first group of sensors adapted for collecting real-time temperature and viscosity data for a lean carbon capture solvent used for capture of an acid gas from a source fluid stream and a second group of sensors adapted for collecting real-time temperature and viscosity data for a rich carbon capture solvent following capture of the acid gas from the source fluid stream. Liu teaches real time measuring of parameters in a CO2 removal system as taught in [0018].
Rana teaches in figure 2 a system for spraying gas with a cleaning solvent to clean the gas and recycle the solvent back to the vessel (Abstract teaches this. This is similar to a scrubber.). Rana teaches the use of a temperature sensor in [0015] for the solvent in order to regular the temperature. [0058] teaches that the temperature of the solvent has to be controlled in order to maintain a desired operating temperature. [0019] and [0066] teaches a solvent quality sensor for the rich solvent that includes a viscosity sensor. It teaches that viscosity of a contaminated solvent can be higher than fresh solvent and that is why it provides a real time indication of the viscosity of the solvent within the system.
It would have been obvious to one of ordinary skill before the effective filing date of the invention to have temperature and viscosity sensors as taught by Rana in the device of Liu as Rana teaches the benefits of maintaining temperature for operation of the system and measuring viscosity to determine the loading of the solvent.
Referring to the limitation of “simultaneously collecting” data from the sensor, Liu already teaches multiple sensors are working together and sending results to the control unit. This is considered to read upon the limitation as [0025] teaches plurality of sensors and probes in communication with various conduits for real time optimizing of amine concentration and CO2 level.
Referring to the limitation “wherein the controller is further adapted for maintaining a carbon dioxide capture process efficiency, a desirable solvent quality, and a solvent reclaiming frequency and duration according to the received real time temperature, pH, density, and viscosity data for the lean carbon capture solvent and rich carbon capture solvent” this is considered to be intended usage and read upon by the limitation. Just stating the controller is working towards efficiency, desirable quality, etc are all intended usage that does not add to the structure. In this case, keeping the system running in the first place also reads upon maintaining a carbon dioxide capture process efficiency, a desirable solvent quality, and a solvent reclaiming frequency and duration (The system being on is increasing efficiency compared to being off, having the system run has a desirable solvent quality as it is nothing when off, same with frequency and duration). Also see examiner’s note in claim 1.
Claim 9: Liu and Rana teach the controller is further adapted for (a) determining alkalinity of the lean carbon capture solvent based upon the carbon loading, the real-time temperature and the real-time density of the lean carbon capture solvent and (b) determining alkalinity of the rich carbon capture solvent based upon the carbon loading, the real-time temperature and the real-time density of the rich carbon capture solvent (These limitations only specify teaching of alkalinity, which can be determined from any of the parameters being measured. [0025] of Liu teaches optimizing amine concentration which reads upon the limitation. This is also considered to be intended usage. Since the prior art teaches the structure of the claims, it would be capable of this limitation. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.).
Claim 10: Liu and Rana teach the controller is further adapted for (a) determining degradation of the lean carbon capture solvent based upon the carbon loading, the alkalinity and the real-time viscosity of the lean carbon capture solvent or (b) determining degradation of the rich carbon capture solvent based upon the carbon loading, the alkalinity and the real-time viscosity of the rich carbon capture solvent or (c) both (These limitations only specify teaching of degradation, which can be determined from any of the parameters being measured. [0025] of Liu teaches optimizing amine concentration and CO2 levels which reads upon the limitation. Rana teaches in [0066] that viscosity is measured in real time because degraded solvent is more viscous. This is also considered to be intended usage. Since the prior art teaches the structure of the claims, it would be capable of this limitation. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.).
Claim 11: Liu and Rana teach (a) the first group of sensors includes a first temperature sensor, a first pH sensor, a first density sensor and a first viscosity sensor and (b) the second group of sensors includes a second temperature sensor, a second pH sensor, a second density sensor and a second viscosity sensor (Claim 8 teaches that the prior arts are measuring these parameters, therefore this is read upon by the prior art.).
Claim 12: Liu teaches at least one or more additional sensors adapted for collecting real-time data related to: (a) CO2 concentration of the source fluid stream upstream from the source fluid stream inlet; (b) source fluid stream flow rate through the source fluid stream inlet ([0027] teaches that it measures CO2 concentration in the flue gas and the flue gas flow rate. This would read upon these sensors.).
Claim 13: Rana teaches a source of carbon capture solvent and a pump and valve system for delivering fresh carbon capture solvent from the carbon capture solvent source to the absorber vessel ([0063] teaches supply fresh solvent through valve 132 into the system from 136. [0043] teaches that it is known to have a solvent pumped to form a spray or mist going into the scrubber.) wherein the controller controls operation of the pump and valve system to make-up the carbon capture solvent at a rate necessary to maintain a desireable carbon capture solvent quality ([0068] teaches that the solvent has to be replenished from time to time with fresh solvent to maintain the efficiency of gas removal. This would control the make up rate to maintain the desirable carbon capture solvent alkalinity. This is also considered to be intended usage. Since the prior art teaches the structure of the claims, it would be capable of this limitation. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.).
Claim 14: Liu teaches a carbon capture solvent reboiler in communication with the stripper wherein the controller controls operation of the reboiler to maintain a desired operating temperature and operating pressure within the stripper (Reboiler 50 is in connection to stripper 40. [0026] teaches the control unit 100 controls the steam flow of the reboiler, which reads upon the limitation.).
Claim 15: Liu teaches a method of controlling carbon capture in a carbon capture system ([0018] teaches that the invention relates to a real time control method and gas purification system for absorbing CO2 in a solvent based capture system.), comprising: collecting real-time pH and density data for a lean carbon capture solvent used for capture of an acid gas from a source fluid stream (Figure 1 shows sensors 86 and 84 in the lean solvent line 66 and 20. [0025] teaches that the sensors can measure various operating parameters of the stream including pH and density.); collecting real-time pH and density data for a rich carbon capture solvent following the capture of the acid gas from the source fluid stream (Figure 1 shows sensors 82 and 88 in the rich solvent line 28 and 62. [0025] teaches that the sensors can measure various operating parameters of the stream including pH and density.); receiving, by a controller, the real-time pH and density data for both the lean carbon capture solvent and the rich carbon capture solvent; determining, by the controller, carbon loading of the lean carbon capture solvent based upon the real-time pH data for the lean carbon capture solvent; and determining, by the controller, carbon loading of the rich carbon capture solvent based upon the real-time temperature pH data for the rich carbon capture solvent ([0025]-[0026] teaches that the sensors are all connected to an analyzer 80 which is in communication with a control unit 100. This would mean that all the sensor readings are sent to the control unit. [0004] teaches that it determines a cyclic capacity of the solvent, which uses both the loading of the rich and lean solvent.).
Liu does not explicitly state collecting real-time temperature and viscosity data for a lean carbon capture solvent used for capture of an acid gas from a source fluid stream and for a rich carbon capture solvent following the capture of the acid gas from the source fluid stream; receiving, by a controller, the real-time temperature and viscosity data for both the lean carbon capture solvent and the rich carbon capture solvent; determining, by the controller, carbon loading of the lean carbon capture solvent based upon the real-time temperature data for the lean carbon capture solvent; determining, by the controller, carbon loading of the rich carbon capture solvent based upon the real-time temperature data for the rich carbon capture solvent.
Rana teaches in figure 2 a system for spraying gas with a cleaning solvent to clean the gas and recycle the solvent back to the vessel (Abstract teaches this. This is similar to a scrubber.). Rana teaches the use of a temperature sensor in [0015] for the solvent in order to regular the temperature. [0058] teaches that the temperature of the solvent has to be controlled in order to maintain a desired operating temperature. [0019] and [0066] teaches a solvent quality sensor for the rich solvent that includes a viscosity sensor. It teaches that viscosity of a contaminated solvent can be higher than fresh solvent and that is why it provides a real time indication of the viscosity of the solvent within the system.
It would have been obvious to one of ordinary skill before the effective filing date of the invention to have temperature and viscosity data as taught by Rana in the method of Liu as Rana teaches the benefits of maintaining temperature for operation of the system and measuring viscosity to determine the loading of the solvent.
Referring to the limitation of “simultaneously collecting” data from the sensor, Liu already teaches multiple sensors are working together and sending results to the control unit. This is considered to read upon the limitation as [0025] teaches plurality of sensors and probes in communication with various conduits for real time optimizing of amine concentration and CO2 level.
Referring to the limitation “maintaining, by the controller a carbon dioxide capture process efficiency, a desirable solvent quality, and a solvent reclaiming frequency and duration according to the received real time temperature, pH, density, and viscosity data for the lean carbon capture solvent and rich carbon capture solvent” this is considered to be intended usage and read upon by the limitation. In this case, keeping the system running in the first place also reads upon maintaining a carbon dioxide capture process efficiency, a desirable solvent quality, and a solvent reclaiming frequency and duration (The system being on is increasing efficiency compared to being off, having the system run has a desirable solvent quality as it is nothing when off, same with frequency and duration).
Claim 16: Liu and Rana teach (a) determining, by the controller, alkalinity of the lean carbon capture solvent based upon the carbon loading, the real-time temperature and the real-time density of the lean carbon capture solvent and (b) determining, by the controller, alkalinity of the rich carbon capture solvent based upon the carbon loading, the real-time temperature and the real-time density of the rich carbon capture solvent (These limitations only specify teaching of alkalinity, which can be determined from any of the parameters being measured, including the loading of the solvents. [0025] of Liu teaches optimizing amine concentration which reads upon the limitation.).
Claim 17: Liu and Rana teach (a) determining, by the controller, degradation of the lean carbon capture solvent based upon the carbon loading, the alkalinity and the real-time viscosity of the lean carbon capture solvent or (b) determining, by the controller, degradation of the rich carbon capture solvent based upon the carbon loading, the alkalinity and the real-time viscosity of the rich carbon capture solvent or (c) both ([0030] teaches that this measures solvent degradation. Since the device operates by control unit 100 and analyzer 80, this reads upon the limitation.).
Claim 18: Liu and Rana teach locating a first group of sensors adapted for the collecting of the real-time temperature, pH, density and viscosity data for the lean carbon capture solvent upstream from a lean carbon capture solvent inlet in an absorber vessel of a carbon dioxide capture process system (Liu teaches first group of sensors 84 and 86 which are upstream from the lean solvent inlet to the absorber 12. Liu covers pH and density sensors while Rana covers temperature and viscosity.).
Claim 19: Liu and Rana teach locating a second group of sensors adapted for the collecting of the real-time temperature, pH, density and viscosity data for the rich carbon capture solvent upstream from a rich carbon capture solvent inlet in a stripper of a carbon dioxide capture process system (Liu teaches second group of sensors 82 and 88 which are upstream from the rich solvent inlet to the stripper 40. Liu covers pH and density sensors while Rana covers temperature and viscosity.).
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
Applicant argument 1:
Applicant argues on pages 1-2 the 101 rejection is improper.
Examiner response 1:
Examiner argues that applicant has not demonstrated this is beyond gathering data. Just stating this is maintaining efficiency and controlling parameters of a CO2 capture process does not overcome this rejection. The claim only states maintaining efficiency and desirable solvent quality/frequency/duration. In this case, keeping the system running in the first place also reads upon maintaining a carbon dioxide capture process efficiency, a desirable solvent quality, and a solvent reclaiming frequency and duration (The system being on is increasing efficiency compared to being off, having the system run has a desirable solvent quality/frequency/duration as it is nothing when off.).
Applicant argument 2:
Applicant argues on pages 2-5 the 103 rejection is improper. Applicant argues there is not a reason to combine and success in doing so.
Examiner response 2:
In response to applicant's argument that the references can not be combined, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Examiner argues that there is no indication of the sensors performing any action when used with the controller. The prior arts teach there is reason to measure these parameters to ensure that the system performs gas purification.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/P.Y.S/Examiner, Art Unit 1776 01/26/2026
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776