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 § 103
1. 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 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 of this title, 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.
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.
Claims 28-34 are rejected under 35 U.S.C. 103 as being unpatentable over BOURHIS et al (U.S. PG Pub No.: 2021/0120750 A1), hereinafter referred to as BOURHIS et al ‘750, in view of KUJAK et al (U.S. PG Pub No.: 2019/0161659 A1), hereinafter referred to as KUJAK et al ‘659.
Regarding claim 28, BOURHIS et al ‘750 disclose a system (10) comprising: a captured carbon dioxide input coupled to receive captured carbon dioxide from a direct air capture system; and means for using the direct air captured carbon dioxide as a refrigerant to provide heating {see ¶¶ [0002-0003], [0010], [0032], [0054-0055] and [0128]}.
However, BOURHIS et al ‘750 fail to disclose the limitations of the direct air captured carbon dioxide having a global warming potential of one over 100 years.
KUJAK et al ‘659 teach: the concept of carbon dioxide having a global warming potential of one over 100 years {see ¶ [0023]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify BOURHIS et al ‘750 in view of KUJAK et al ‘659 to include the use of the direct air captured carbon dioxide having a global warming potential of one over 100 years, in order to facilitate utilization of environmentally friendly refrigerant {KUJAK et al ‘659 – ¶ [0023]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the BOURHIS et al ‘750 in view of KUJAK et al ‘659 to obtain the invention as specified in claim 28.
Regarding claim 29, the combination of BOURHIS et al ‘750 and KUJAK et al ‘659 disclose and teach the system of claim 28, BOURHIS et al ‘750 disclose wherein the means is a heat pump apparatus {see ¶ [0009]}.
Regarding claim 30, the combination of BOURHIS et al ‘750 and KUJAK et al ‘659 disclose and teach the system of claim 28, BOURHIS et al ‘750 disclose wherein a purity level of the captured carbon dioxide is between a range selected from the group consisting of: 91 % and 100%, 95% and 100%, and 99% and 100% {see ¶ [0107]}.
Regarding claim 31, BOURHIS et al ‘750 disclose a system comprising: a direct air capture system {see ¶¶ [0002-0003], [0010], [0032], [0054-0055] and [0128]}; a multistage compression system that transforms carbon dioxide gas into sub and supercritical carbon dioxide fluid {see Table 1: ¶¶ [0003], [0097], [0111] and [0156]}; and a refrigerant system using the direct air captured carbon dioxide as a refrigerant {see Table 1: ¶¶ [0009] and [0156]}.
However, BOURHIS et al ‘750 fail to disclose the limitations of the direct air captured carbon dioxide having a global warming potential of one over 100 years.
KUJAK et al ‘659 teach: the concept of carbon dioxide having a global warming potential of one over 100 years {see ¶ [0023]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify BOURHIS et al ‘750 in view of KUJAK et al ‘659 to include the use of the direct air captured carbon dioxide having a global warming potential of one over 100 years, in order to facilitate utilization of environmentally friendly refrigerant {KUJAK et al ‘659 – ¶ [0023]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the BOURHIS et al ‘750 in view of KUJAK et al ‘659 to obtain the invention as specified in claim 31.
Regarding claim 32, the combination of BOURHIS et al ‘750 and KUJAK et al ‘659 disclose and teach the system of claim 31, BOURHIS et al ‘750 disclose wherein carbon dioxide is compressed in multiple stages to serve varied temperature requirements throughout mobile and commercial low global warming refrigeration applications {see Table 1: ¶¶ [0009] and [0156]}.
Regarding claim 33, the combination of BOURHIS et al ‘750 and KUJAK et al ‘659 disclose and teach the system of claim 31, BOURHIS et al ‘750 disclose wherein additional multi- ejector system designs are employed to control coolant flow, optimize efficiency, and relieve the load on the main compressor, thus allowing the system to operate in extreme weather conditions {see ¶¶ [0093] and [0113], [0016]; wherein controller constitutes multi- ejector system designs are employed to control coolant flow}.
Regarding claim 34, BOURHIS et al ‘750 disclose a system (10) comprising: a direct air capture system; a multistage compression system that transforms carbon dioxide gas into sub and supercritical carbon dioxide fluid; and a heat pump using direct air captured carbon dioxide as a refrigerant {see Table 1: ¶¶ [0003], [0010], [0032], [0094], [0097], [0111] and [0156]}. However, BOURHIS et al ‘750 fail to disclose the limitations of the direct air captured carbon dioxide having a global warming potential of one over 100 years.
KUJAK et al ‘659 teach: the concept of carbon dioxide having a global warming potential of one over 100 years {see ¶ [0023]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify BOURHIS et al ‘750 in view of KUJAK et al ‘659 to include the use of the direct air captured carbon dioxide having a global warming potential of one over 100 years, in order to facilitate utilization of environmentally friendly refrigerant {KUJAK et al ‘659 – ¶ [0023]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the BOURHIS et al ‘750 in view of KUJAK et al ‘659 to obtain the invention as specified in claim 34.
Response to Arguments
2. Applicant's arguments, see pages 4-9, filed on 03/02/2026, with respect to the rejection(s) of claim(s) 28-34 under 35 USC § 102(b) have been fully considered but are moot in view of the new ground(s) of rejection as detailed above.
Conclusion
3. Applicant's amendment necessitated the new grounds 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
03/21/2026
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