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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 48, 49 and 58-62 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 48 is indefinite because it depends from a canceled claim.
Each of claims 58-62 recites “the phenolate anion” in line 5, which has no antecedent basis. It appears that claims 58-62 should each be amended to depend from claim 57 to overcome this rejection.
Claim 49 is rejected for depending from an indefinite parent claim.
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) 55, 56 and 64 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koech et al. (2017/0203250 A1).
Koech et al. ‘250 teach a process for capturing carbon dioxide and hydrogen sulfide from gas mixtures, comprising contacting the gas under absorption conditions with a water-lean non-aqueous amine-based solvent that forms zwitterionic carbamates, followed by desorption under heating to 70-100°C or reduced pressure (see paragraphs 6, 12, 16, 44). The solvent can contain up to 10 wt% water and the basicity of the amine can be reduced (paragraphs 17, 29).
Claim(s) 55 and 56 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heldebrant et al. (2009/0220397 A1).
Heldebrant et al. ‘397 teach a process for capturing carbon dioxide and hydrogen sulfide from gas mixtures, comprising contacting the gas under absorption conditions with a zwitterionic liquid, followed by desorption under heating or reduced pressure (see abstract, claims 1-18, figures 5-6, paragraphs 3, 6).
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.
Claim(s) 65-68 is/are rejected under 35 U.S.C. 103 as being unpatentable over any one of Koech et al. ‘250 or Heldebrant et al. ‘397.
Any one of Koech et al. ‘250 or Heldebrant et al. ‘397 discloses all of the limitations of the claims except that a preferred solvent concentration and absorption/desorption temperature and pressure are used. Absent a proper showing of criticality or unexpected results, the process conditions including temperature, pressure, and concentration of aqueous solvent are considered to be parameters that would have been routinely optimized by one having ordinary skill in the art in order to provide conditions for adequate capture and release of acid gases without wasting energy.
Allowable Subject Matter
Claims 36-47 and 50-54 are allowed.
Claims 48, 49 and 58-62 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 57 and 63 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: The closest prior art to KR 20120097366 A discloses the formation of hydroxyphenylimidazolium salt but fails to disclose or suggest a motivation for the step of deprotonating a phenolic OH group of 2-(hydroxy-phenyl)-imidazolium salt in an aqueous solution and in the presence of a strongly basic ion exchange resin to form 2-(oxy-phenyl)-imidazolium zwitterionic salt, in combination with the other recited steps in claim 36.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references listed on the attached PTO-892 form disclose acid gas absorption solvents and processes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK LAWRENCE whose telephone number is (571)272-1161. The examiner can normally be reached Mon-Fri 8:30am-7pm.
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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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/FRANK M LAWRENCE JR/Primary Examiner, Art Unit 1776
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