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 claims 1-19 in the reply filed November 24th, 2025 is acknowledged.
Claims 20-30 stand withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention there being no allowable generic or linking claim.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 November 24th, 2025.
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.
(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 1-11 and 13-16 rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. US 2023/0119882 A1 to Lackner et al. (hereinafter referred to as Lackner).
Regarding claim 1, Lackner teaches a direct air capture (DAC) device (Abstract “A device for passive collection of atmospheric carbon dioxide”) comprising: a plurality of contactor elements aligned with respect to each other to facilitate homogenous drying (Fig. 1B, helical framework 114 of sorbent material 116) and having a plurality of spacings located therebetween such that each of the contact elements defines a contactor volume and each of the spacings defines a spacing volume (Fig. 1B, pitch 154), the DAC device having a total volume defined by the contactor volumes and the spacing volumes (Figs. 1B – 1C) such that the DAC device is modifiable to (a) reduce the total volume for the contactor elements to facilitate desorption of one or more components of a feed stream (¶0009 “The helical sorbent structure is movable between a collection configuration and a release configuration” ; ¶0010 “The release pitch may be smaller than the collection pitch.”) and (b) increase the total volume for the contactor elements to facilitate adsorption of the one or more components of the feed stream (¶0010 “The release pitch may be smaller than the collection pitch.”).
Regarding claim 2, Lackner teaches the DAC device as applied to claim 1 above, further comprising a plurality of flexible connection components disposed in the plurality of spacings (¶0048 “the helical framework 114 comprises an elastic material 126 formed to trace the helix 110 rotating about and propagating along the axis.”).
Regarding claim 3, Lackner teaches the DAC device as applied to claim 2 above, wherein the flexible connection components include one or more of hinge components and spring components that exert reactionary force in response to the total volume being reduced in an opposite direction (¶0048 “In the context of the present description and the claims that follow, an elastic material 126 is a material that can be given a shape, then deformed with the application of a force. Removing the force results in the elastic material 126 assuming the original shape.”).
Regarding claim 4, Lackner teaches the DAC device as applied to claim 3 above, wherein the spring components comprise one or more of leaf spring spacers and coil springs (¶0049 “In some embodiments, the helical framework 114 may resemble a spring. For example, in one embodiment, the helical framework 114 may be a compression spring 130.” ; Fig. 1A depicts a coil spring structure).
Regarding claim 5, Lackner teaches the DAC device as applied to claim 1 above, wherein each of the contactor elements comprises a mating surface such that, when the DAC device is modified, the mating surface of each of the contactor elements forms a nested configuration with respect to the mating surface of an adjacent contactor element (Fig. 4C depicts a configuration in which panels 400 have protrusions 412 ; ¶0080 “In some embodiments, each panel 400 may comprise one or more protrusions extending upward and downward such that they are in contact with the neighboring panels 400, preventing one from rotating about the support 106 without pushing the neighbors to rotate as well, maintaining the relative orientation 402.” ; see also annotated figure below).
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Regarding claim 6, Lackner teaches the DAC device as applied to claim 5 above, wherein the mating surface is defined by a plurality of enlarged portions protruding from a surface of the contactor element such that each of the contactor elements is shifted out of phase with respect to the adjacent contact element (see annotated figure above).
Regarding claim 7, Lackner teaches the DAC device as applied to claim 5 above, wherein the mating surface is defined by a plurality of surface features formed on a surface of the contactor element such that each of the plurality of surface features of the contactor element is nested with respect to a corresponding one of the plurality of surface features of the adjacent contact element (Fig. 4C depicts panels 400 as having an upwards and downwards facing protrusion 412 ; Fig. 4D depicts how these protrusions 412 are nested with respect to the adjacent panels 400 when in the release configuration).
Regarding claim 8, Lackner teaches the DAC device as applied to claim 7 above, wherein the plurality of surface features include one or more of: pleats, corrugations, or depressions (¶0046 “the sorbent material 116 may be shaped or structured to enhance its exposure to natural air flows. It may take on a variety of forms including, but not limited to, flat, bristled, undulating, pleated, pocketed, textile-like, and the like.” ; In a configuration where the sorbent material is pleated or pocketed and protrusions 412 are not present, these pleats and/or pockets will read on the surface features and will nest within one another when the sorbent structure 108 and support 106 are collapsed).
Regarding claim 9, Lackner teaches the DAC device as applied to claim 1 above, further comprising: a housing in which the contactor elements are disposed (Fig. 1B, vessel 102), wherein the housing is modifiable between a first configuration in which the total volume of the DAC device has a reduced volume (Fig. 1C depicts the release configuration) and a second configuration in which the total volume of the DAC device has an increased volume greater than the reduced volume (Fig. 1B depicts the collection configuration).
Regarding claim 10, Lackner teaches the DAC device as applied to claim 9 above, wherein the housing includes at least one spacing adjustment component (Fig. 1B, support 106 ; ¶0051 “In other embodiments, a support 106 may be collapsible and able to change size.” ; Fig. 1B, support 106 is also attached to lid 120).
Regarding claim 11, Lackner teaches the DAC device as applied to claim 10 above, wherein the at least one space adjustment component is an adjustable housing wall that is adjustable to change the total volume of the DAC device within the housing between the reduced volume and the increased volume (Figs. 1B-1C depict the difference between the collection and release configurations, wherein lid 120 which is connected to support 106 is capable of rising to increase the total volume (see Fig. 1B) and lowering to reduce the total volume (see Fig. 1C)).
Regarding claim 13, Lackner teaches the DAC device as applied to claim 9 above, wherein the housing comprises a flexible frame that is compressible to change the total volume of the DAC device (Figs. 1B-1C depict support 106 expanded in the collection configuration and compressed in the release configuration).
Regarding claim 14, Lackner teaches the DAC device as applied to claim 9 above, wherein the housing comprises a first housing component and a second housing component slidably receivable within the first housing component to reduce the total volume of the DAC device (Fig. 1B, the “first housing component” is the vessel 102 and the “second housing component” is the support 106 ; Fig. 1C shows that support 106 can be slidably received within vessel 102).
Regarding claim 15, Lackner teaches the DAC device as applied to claim 1 above, wherein each of the contactor elements comprises a sorbent material composite article having: (a) an adsorptive configuration in which the sorbent material composite article is disposed to adsorb one or more components of a feed stream (Fig. 1B depicts the collection configuration), and (b) a desorptive configuration in which the sorbent material composite article is disposed to remove one or more components from the sorbent material composite article (Fig. 1C depicts the release configuration), wherein the sorbent material composite article comprises a composite of a sorbent (¶0045 “In other embodiments, the sorbent material 116 may be a more conventional material, like amine based sorbents that are used for thermal swings.”) and a flexible porous material (¶0048 “As mentioned, in some embodiments, the helical framework 114 may provide a boundary or edge of a helical surface, to which a sorbent material 116 may be attached to form the helical sorbent structure 108. … As shown, in some embodiments, the helical framework 114 comprises an elastic material 126 … Examples include, but are not limited to, thermoplastics, polymers, wood, and metals.”) to facilitate a transfiguration between an adsorptive configuration and a desorptive configuration of the sorbent material composite article (see Figs. 1A-1C).
Regarding claim 16, Lackner teaches the DAC device as applied to claim 15 above, wherein the sorbent material composite article is flexibly expandable to form the desorptive configuration and flexibly compressible to form the adsorptive configuration (¶0048 “As shown, in some embodiments, the helical framework 114 comprises an elastic material 126 formed to trace the helix 110 rotating about and propagating along the axis. In the context of the present description and the claims that follow, an elastic material 126 is a material that can be given a shape, then deformed with the application of a force. Removing the force results in the elastic material 126 assuming the original shape.”).
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.
Claims 12 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lackner, and further in view of U.S. Patent Publication No. US 2021/0387133 A1 to Lackner et al. (hereinafter referred to as Lackner2).
Regarding claim 12, Lackner teaches the DAC device as applied to claim 10 above. Lackner does not teach wherein the spacing adjustment component separates an inner volume of the housing into: a first volume defining a total volume of a first set of contactor elements, and a second volume defining a total volume of a second set of contactor elements; wherein the first volume and the second volume are reciprocal with respect to each other such that the separator is adjustable to facilitate either: increasing the first volume and decreasing the second volume, or decreasing the first volume and increasing the second volume.
However, Lackner2 teaches a device for collection of carbon dioxide (Abstract “A device for passive collection of atmospheric carbon dioxide is disclosed.”) wherein the direct air capture device may be organized into a cluster configuration to allow for the continuous capture of CO2 (¶0026 “In some embodiments, these devices may be organized into clusters and systems, and may provide continuous capture of CO2, as well as supply a continuous stream of CO2 enriched gas” ; see also Fig. 4, passive collection system 400 comprising clusters 402). In such an embodiment, passive collection system 400 would read on the DAC device and the individual clusters 402 would read on the first volume defining a total volume of a first set of contactor elements and a second volume defining a total volume of a second set of contactor elements (¶0100 “Passive collection devices 100 may stand alone, or they may be the backbone of a larger air capture system, such as a passive collection cluster 402 made up of two or more integrated collection devices 100, or a passive collection system 400 comprising at least one cluster 402. A complete passive collection system 400 could be built around two collection devices 100 or may comprise a complex interconnected network … while in other embodiments a cluster 402 may simply be two devices 100 working in harmony.”). Lackner2 further teaches wherein the clusters may share an actuator 120 to move the respective capture structures 106 between configurations (¶0106 “in some embodiments multiple passive collection devices 100 may share the same actuator 120”). In such an embodiment, it would have been obvious to one of ordinary skill in the art that while one device 100a is in a collection configuration that a corresponding device 100b may be in a release configuration to allow for a continuous collection and production of CO2 (¶0102 “Collection devices can be interconnected into a passive collection system 400 that, by coordinating regeneration, can create a nearly continuous product stream 406.”).
Lackner and Lackner2 are considered analogous to the claimed invention because they are in the same field of direct air capture devices with modifiable volumes dependent upon a release or collection configuration. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DAC device as taught by Lackner to include the collection system as taught by Lackner2 so that the DAC devices may be interconnected with one another as described by Lackner2 to continuously capture and produce a stream of CO2.
Regarding claim 17, Lackner teaches a system comprising: the DAC device as applied to claim 3 above. Lackner does not teach a sensor configured to detect an environmental condition; a force application device configured to apply a force to change the total volume defined by the contactor volumes and the spacing volumes; and a controller configured to received the detected environmental condition form the sensor and determine an amount of force applied by the force application device based on the environmental condition.
However, Lackner2 teaches a device for collection of carbon dioxide (Abstract “A device for passive collection of atmospheric carbon dioxide is disclosed.”) and a control system capable of executing instructions to the collection device (¶0089 “As shown, the collection device 100 further comprises a control system 328. According to various embodiments, the control system 328 is responsible for the cyclical operation of the collection device 100.”), said control system comprising a sensor configured to detect an environmental condition (¶0089 “The control system 328 is communicatively coupled withy the various components that either provide information (e.g. sensors, etc.) or perform actions (e.g. actuator 120, the sorbent regeneration system 306, etc.).”); a force application device configured to apply a force to change the total volume defined by the contactor volumes and the spacing volumes (¶0090 “The passive collection device 100 may further comprise actuators 120 or other means of performing mechanical work, for the raising and lowering of the capture structure 106.”); and a controller configured to receive the detected environmental condition from the sensor and determine an amount of force applied by the force application device based on the environmental condition (¶0090 “The passive collection device 100 may also comprise communication equipment for remote monitoring and operation. In some embodiments, the passive collection device 100 may be configured for autonomous operation, adapting to ambient conditions 332 as needed.” ; ¶0091 “According to various embodiments, one or more measurements may be performed using the sensors 330, with the signals 334 being observed by the control system 328. … Using this information, the control system 328 may be configured to perform one or more operations in response to detected ambient conditions or internal conditions. These operations may include, but are not limited to, instructions to lower the tiles 108 due to high winds or excessive moisture, timed instructions to raise or lower the tiles 108 to vary exposure time, starting, stopping”).
Lackner and Lackner2 are considered analogous to the claimed invention because they are in the same field of direct air capture devices with modifiable volumes dependent upon a release or collection configuration. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught by Lackner to include the sensor and controller as taught by Lackner2 to automate the operation of the DAC. Such an automation would allow for control of the device and its corresponding configuration depending upon environmental conditions, allowing for the system to respond to such environmental conditions.
Regarding claim 18, Lackner and Lackner2 teach the system as applied to claim 17 above. Lackner2 further teaches a spacing apparatus configured to adjust the plurality of spacings simultaneously and proportionally responsive to the force applied by the force application device (Figs. 3A – 3B depict lid 114 which is controlled by actuator 120 ; ¶0051 “According to various embodiments, the lid 114 (and the capture structure 106) may be lowered onto the opening 116 (and the capture structure lowered into the chamber 104) by some form of actuator 120. … As an option, the actuator 120 mya be coupled to the capture structure 106 directly, through the lid 114, or through some other structure.”).
Regarding claim 19, Lackner and Lackner2 teach the system as applied to claim 17 above. Lackner2 further teaches wherein the environmental condition includes at least one of: wind speed, humidity, or a pressure drop between an inlet and an outlet of the DAC device (¶0091 “These measurements may include, but are not limited to, wind speed and other weather data, humidity”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gebald (US 2012/0076711 A1) teaches a direct air capture device containing a plurality of contactor elements that can be modified between an adsorption and a desorption configuration.
Wright (US 2011/0293503 A1) teaches a direct air capture device wherein the sorbent is compressed in a desorption configuration and expanded in an adsorption configuration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL MARIE SLAUGOVSKY whose telephone number is (571)272-0188. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JENNIFER DIETERLE can be reached at (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL MARIE SLAUGOVSKY/Examiner, Art Unit 1773
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776