Prosecution Insights
Last updated: April 19, 2026
Application No. 18/216,022

METHODS AND SYSTEMS FOR CONTROLLING CONDENSATE WHEN REDUCING OXYGEN CONTENT IN BIOGAS

Non-Final OA §101
Filed
Jun 29, 2023
Examiner
SMARI, ABDUL-RAHMAN YUSUF WALEED
Art Unit
1736
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Montauk Energy Holdings LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
34 granted / 39 resolved
+22.2% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
61
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
41.7%
+1.7% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
29.4%
-10.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 39 resolved cases

Office Action

§101
Notice of AllowabilityNotice 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 . Specification The disclosure is objected to because of the following informalities: In Paragraph 0009 of the instant specification, “colling” should read “cooling”. Appropriate correction is required. Claim Objections Claim 3 is objected to because of the following informalities: In Claim 3, line 4, “colling” should read “cooling”. Appropriate correction is required. 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 3 and 4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims require the determination of parameters including a cooling step among a plurality of cooling steps, temperature, vapor pressure of water, partial pressure of water, and a location where the vapor pressure of the water becomes equal to the partial pressure of the water. These limitations are abstract ideas (mathematical calculations and/or mental processes). This judicial exception is not integrated into a practical application because the determining steps are not integrated into an active process step. Further, the addition of insignificant extra-solution activity does not amount to an inventive concept, particularly when the activity is well-understood or conventional. Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978), see MPEP 2106.05(g). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the process as claimed are well-understood, routine, and conventional within the prior art. For instance, multiple cooling or condensing steps of an input gas flow are common in the art. See US 9005337 B2, US 8430947 B2, US 4799941 A and paragraph 0005 (Figure 1) of the instant specification. See MPEP 2106.04, 2106.04(a)(2). The Examiner suggests the following to overcome this rejection: In Claim 3, add the following after “from the gas flow” in line 4: ", and, after determining the cooling step, adjusting the location of the supply of the neutralizing agent based on the determination of the cooling step in which liquid condensate occurs from the gas flow” or the like. In Claim 4, line 2, replace “from the gas flow comprises” with –from the gas flow further comprises—or the like. In Claim 4, add the following after “partial pressure of the water” in line 11: “, and adjusting the location of the supply of the neutralizing agent based on the determined location where the vapor pressure of the water becomes equal to the partial pressure of the water” or the like. Allowable Subject Matter Claims 1-2 and 5-11 are allowed. Claims 3 and 4 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 101, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for allowable subject matter: Grill (US 9005337 B2), Latimer et al. (US 8430947 B2), Westermark (US 4799941 A) and Konkol et al. (“Biogas Pollution and Mineral Deposits Formed on the Elements of Landfill Gas Engines”) are considered to be the closest prior art to the instant claims. None of the prior art teach or suggest a method of neutralizing condensate from a gas flow subject to a combustion oxygen removal process passing through a number of cooling steps post combustion, the method comprising providing a supply of water to the gas flow prior to a particular cooling step of the number of cooling steps; collecting an aqueous condensate solution from the gas flow prior to the particular cooling step; and providing a supply of a neutralizing agent to the aqueous condensate solution. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-RAHMAN YUSUF WALEED SMARI whose telephone number is (571)270-7302. The examiner can normally be reached M-Th 7:30-5, F 7:30-4. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ABDUL-RAHMAN YUSUF WALEED SMARI/Examiner, Art Unit 1736 /ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
Read full office action

Prosecution Timeline

Jun 29, 2023
Application Filed
Mar 24, 2026
Non-Final Rejection — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+11.8%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 39 resolved cases by this examiner. Grant probability derived from career allow rate.

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