DETAILED ACTION
Claims 1-18 are pending in this application, of which claims 8-14, 16, and 18 have been withdrawn.
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
Claims 8-14, 16, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 2/26/26.
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 1-7, 15, and 17 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.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 3, the phrase "like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "like"), thereby rendering the scope of the claim(s) unascertainable.
Regarding claim 6, the claim recites sodium carbonate in a range of 30-50 wt% and also recites sodium bicarbonate in the range of 1-20%, but does not use the words “and” or “or” between the two. As such, it is unclear whether claim 6 requires both sodium carbonate and sodium bicarbonate, or whether the claim only requires one. Paragraph [0023] of the specification filed 12/12/23 states that the absorbent comprises “an alkali metal in the form of carbonate or bicarbonate” (emphasis added). Further, none of the examples provided in the specification contain both sodium bicarbonate and sodium carbonate. For this reason, claim 6 is interpreted as requiring only one of the two sodium salts.
Regarding claim 15, the claim recites the limitation "the absorbent bed" in line 7. There is insufficient antecedent basis for this limitation in the claim.
The remaining claims each ultimately depend from claim 1 and/or claim 6, and inherit the indefiniteness based on their dependency.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-6, 15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20060148642 (“Ryu”).
Regarding claim 1, Ryu teaches an absorbent comprising an alkali metal carbonate, a support, and a binder for imparting mechanical stability (see e.g. paragraphs [0023]-[0025]). Although Ryu does not expressly state that the alkali metal carbonate or bicarbonate is capable of removing halogen containing contaminants, the alkali metal carbonate of Ryu is the same alkali metal carbonate as in the instant application, and as such, would also be capable of adsorption of halogen containing contaminants.
Regarding claim 2, Ryu teaches that the active metal component can be sodium in carbonate form (see e.g. Example 1 in paragraph [0054]).
Regarding claim 3, Ryu teaches that the binder can be attapulgite (see e.g. Claim 5).
Regarding claim 4, Ryu teaches that the attapulgite is the mineral palygorskite (see e.g. Claim 5).
Regarding claim 5, Ryu teaches multiple embodiments with the carrier being between 30-50% of the total mass of the composition (see e.g. alumina carrier in sorbents F and G in Table 3).
Regarding claim 6, Ryu teaches specific embodiments that have sodium carbonate in the range of 30-50% (see e.g. sorbents A, B, D, and F in Tables 1-3).
Regarding claim 15, Ryu does not teach the specific ability to remove hydrogen chloride from a gas stream under the specified conditions. However, the material taught by Ryu an alkali metal carbonate, such as sodium carbonate, a support, and a binder, such as palygorskite, for imparting mechanical stability (see e.g. paragraphs [0023]-[0025]). These are the same materials in the same proportions as described in the instant specification. As such, the composition of Ryu would be expected to have the same hydrogen chloride picking ability as the claimed invention.
Regarding claim 17, Ryu teaches that the composition has a high mechanical strength (see e.g. paragraph [0025]), and Ryu does not appear to require disintegration and powdering after treatment with water and steam.
Claims 1-4, 7, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20070253879 (“Sakurai”)
Regarding claim 1, Sakurai teaches an absorbent for removing a halogen containing gas contaminant (see e.g. paragraph [0011]). The absorbent comprises an active metal component for removal of the halogen containing gas (see e.g. paragraph [0011] and a carrier or binder that would provide mechanical stability (see e.g. paragraph [0040]).
Regarding claim 2, Sakurai teaches that the active metal component can be sodium carbonate (see e.g. paragraph [0019]).
Regarding claims 3-4, Sakurai teaches that the carrier can be palygorskite, which is the same mineral as attapulgite (see e.g. paragraph [0035]).
Regarding claim 7, Sakurai specifically teaches that the active metal component can be sodium carbonate monohydrate (see e.g. paragraph [0023]).
Regrading claim 17, Sakurai does not appear to teach the need for disintegration and powdering after treatment with water and steam (see e.g. method of making the composition in paragraphs [0053]-[0054]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S SHERMAN whose telephone number is (703)756-4784. The examiner can normally be reached Monday-Friday 8:30-5:00 ET.
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/E.S.S./Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736