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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10, in the reply filed on 08/01/25 is acknowledged.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maehara (WO 2021/079875; English equivalent US 2022242770).
As regarding claim 1, Maehara discloses the claimed invention for a method of recovering carbon dioxide (CO2) from a flue gas output from a furnace (70 of figs. 3 and 8) being operated to melt glass, comprising: feeding (72 and gas line 81) the flue gas to a CO2 capture unit (63) after the flue gas is treated via at least one process gas treatment element (PGTE) ([0154] – condenser removes water and acid gas) positioned between the furnace and the CO2 capture unit; treating a first portion of the flue gas with at least one alkaline reagent (NaOH solution in tank 62) within the CO2 capture unit (63) so that CO2 of the first portion of the flue gas reacts with the alkaline reagent to form at least one carbonate material ([0098]-[0100] and [0109]-[0112]); feeding (64 to 69 of fig. 3) at least a portion of the carbonate material from the CO2 capture unit (63) to the furnace (70) for mixing with other feed material for forming molten glass ([0090] and [0122]-[0130]) in the furnace.
As regarding claim 2, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention for wherein the at least one alkaline reagent includes XOH, wherein the X is Na or K ([0098]-[0100] and [0109]-[0112]).
As regarding claim 3, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention for wherein the at least one alkaline reagent includes: calcium hydroxide (Ca(OH)2), sodium hydroxide (NaOH) ([0098]-[0100] and [0109]-[0112]) or potassium hydroxide (KOH).
As regarding claim 4, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention for wherein the carbonate material includes limestone (CaCO3), soda ash (Na2CO3) ([0111]-[0112]) or potassium carbonate (K2CO3).
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 nonobviousness.
Claim(s) 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Maehara (WO 2021/079875; English equivalent US 2022242770).
As regarding claim 5, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention except for wherein the at least one PGTE includes a candle filter or a high-temperature filter device. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the at least one PGTE includes a candle filter or a high-temperature filter device in order to enhance apparatus performance, since it was known in the art as shown in JP 2012001392 (hereinafter JP ‘392; [0012] – dust collector).
As regarding claim 6, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention except for wherein the at least one PGTE includes a SO2 removal unit and an electrostatic precipitator that is positioned between the SO2 removal unit and the CO2 capture unit. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the at least one PGTE includes a SO2 removal unit and an electrostatic precipitator that is positioned between the SO2 removal unit and the CO2 capture unit in order to enhance apparatus performance, since it was known in the art as shown in Solis-Martinez (US 20040060490; [0087]).
As regarding claim 7, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention except for passing the flue gas through at least one heat exchanger to heat at least one of a flow of fuel and an oxidant flow before the first portion of the flue gas is fed to the CO2 capture unit and after the first portion of the flue gas is output from the at least one PGTE. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide passing the flue gas through at least one heat exchanger to heat at least one of a flow of fuel and an oxidant flow before the first portion of the flue gas is fed to the CO2 capture unit and after the first portion of the flue gas is output from the at least one PGTE in order to enhance apparatus performance, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As regarding claim 8, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention except for feeding a first portion of the carbonate material output from the CO2 capture unit to the furnace and regenerating a second portion of the carbonate material output from the CO2 capture unit to form the at least one alkaline reagent from the second portion of the carbonate material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide feeding a first portion of the carbonate material output from the CO2 capture unit to the furnace and regenerating a second portion of the carbonate material output from the CO2 capture unit to form the at least one alkaline reagent from the second portion of the carbonate material in order to enhance apparatus performance, since it was known in the art as shown in Lu et al (US 20200346165; [0091]).
As regarding claim 9, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention except for feeding a second portion of the flue gas output from the at least one PGTE to a CO2 liquefaction system to liquefy CO2 within the second portion of the flue gas. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide feeding a second portion of the flue gas output from the at least one PGTE to a CO2 liquefaction system to liquefy CO2 within the second portion of the flue gas in order to enhance apparatus performance, since it was known in the art as shown in Lu et al (US 20200346165; [0119]).
As regarding claim 10, Maehara discloses all of limitations as set forth above. Maehara discloses the claimed invention except for wherein the at least one PGTE is fed at least one alkaline reagent to treat the flue gas upstream of the CO2 capture unit. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the at least one PGTE is fed at least one alkaline reagent to treat the flue gas upstream of the CO2 capture unit in order to enhance apparatus performance, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773