DETAILED ACTION
In response to remarks filed on 19 March 2026
Status of Claims
Claims 1-13 are pending;
Claims 6, 8 and 11 are currently amended;
Claims 1-5, 7 and 9-11 were previously presented;
Claims 12 and 13 are new;
Claims 1-13 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 19 March 2026 have been fully considered and they are not persuasive. Regarding the gas fluid storage equipment, the term “storage” is broad and relative as storage can be for seconds, to minutes, hours, days, years, etc. A mixer stores/hold material from the moment it arrives via its inlet until the moment it leaves via its outlet. For this reason, under the broadest reasonable interpretation and due to the lack of details in regards to the storage equipment in the claim, then the claim limitation is met.
Applicant successfully overcame the 112 rejections and the double patenting rejection,
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.
Claims 1-7 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keshner et al (U.S. Patent Application Publication No. 2020/0055672).
As to Claim 1, Keshner discloses a system for capture, sequestration or utilization of greenhouse gas, the system configured to interface with exhaust gas generation equipment (201) in one or more industrial sites that generates exhaust gas having at least one greenhouse gas and remote sequestration or utilization sites, comprising:
Greenhouse gas capture equipment (205) configured to receive a flow of the exhaust gas and separate the greenhouse gas to be captured from the exhaust gas (Paragraph 0062: “Separator 205 separates the carbon dioxide gas from other gases (mostly nitrogen) present in the exhaust, sending these other gases out through exhaust pipe 206”);
Greenhouse gas liquification equipment (207) configured to receive a flow of the greenhouse gas from the greenhouse gas capture equipment and reduce the greenhouse gas to a greenhouse gas fluid (Paragraph 002: “Compressor 207 compresses the separated carbon dioxide to a high pressure, and in one embodiment to a pressure of at least 70 atm, at a temperature below 31 C, so that at least some of the carbon dioxide will liquefy”);
Greenhouse gas fluid storage equipment (211) configured to receive a flow of the greenhouse gas fluid from the greenhouse gas liquification equipment and at least temporarily store the greenhouse gas fluid (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”. The fluid is temporarily stored in the mixer 211 in order for it to be mixed. The mixer stores/hold material from the moment it arrives via its inlet until the moment it leaves via its outlet);
One or more transporters (212, 213) configured to remove the greenhouse gas fluid from the greenhouse gas fluid storage equipment (211) at the one or more sites and transport the greenhouse gas fluid to at least one of a remote sequestration site or a utilization site (214).
As to Claim 2, Keshner discloses the invention of Claim 1 (Refer to Claim 1 discussion). Keshner also discloses further comprising exhaust gas collection equipment (201) configured to collect the exhaust gas from the exhaust gas generation equipment and provide the exhaust gas to the greenhouse gas capture equipment (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity, and for sequestering the carbon dioxide in rock in and around underground structures, such as caverns or wells, in which the rock has been fractured and cracked using at least one of hydraulic fracturing, explosives, other human-initiated means, and earthquakes or other natural means”).
As to Claim 3, Keshner discloses the invention of Claim 2 (Refer to Claim 2 discussion). Keshner also discloses wherein the exhaust gas collection equipment (201) is configured to collect exhaust gas from multiple units (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity”. Facilities indicate a plurality of units and therefore multiple units) of the exhaust gas generation equipment.
As to Claim 4, Keshner discloses the invention of Claim 1 (Refer to Claim 1 discussion). Keshner also discloses wherein the sequestration site (214) comprises a commercial underground carbon dioxide storage (Paragraph 0062: “fracked cavern or well”).
As to Claim 5, Keshner discloses the invention of Claim 1 (Refer to Claim 1 discussion). Keshner also discloses wherein the sequestration site (214) comprises a wellsite with gas fluid injection equipment configured to receive a flow of the greenhouse gas fluid from the one or more transporters (212, 213) and inject the greenhouse gas fluid into a geological formation for sequestration (Paragraph 0062: “fracked cavern or well”).
As to Claim 6, Keshner discloses the invention of Claim 1 (Refer to Claim 1 discussion). Keshner also discloses wherein the utilization site comprises any industry using a greenhouse gas as part of processing at least one of an Enhanced Oil Recovery (EOR) facility, food and beverage industry, an anaerobic facility, a laser facility for manufacturing, testing or research, and a research facility any other industry using carbon dioxide or other greenhouse gases as part of their processing (Paragraph 0062: “fracked cavern or well”. The fracking/hydrocarbon industry is being interpreted as part of “any other industry using carbon dioxide or other greenhouse gases as part of their processing”).
As to Claim 7, Keshner discloses a system for capture and sequestration or utilization of greenhouse gas from exhaust gas generation equipment (201), comprising:
A greenhouse capture unit comprising:
Greenhouse gas capture equipment (205) configured to receive a flow of the exhaust gas and separate the greenhouse gas to be captured from the exhaust gas (Paragraph 0062: “Separator 205 separates the carbon dioxide gas from other gases (mostly nitrogen) present in the exhaust, sending these other gases out through exhaust pipe 206”);
Greenhouse gas liquification equipment (207) configured to receive a flow of the greenhouse gas from the greenhouse gas capture equipment and reduce the greenhouse gas to a greenhouse gas fluid (Paragraph 002: “Compressor 207 compresses the separated carbon dioxide to a high pressure, and in one embodiment to a pressure of at least 70 atm, at a temperature below 31 C, so that at least some of the carbon dioxide will liquefy”);
Greenhouse gas fluid storage equipment (211) configured to receive a flow of the greenhouse gas fluid from the greenhouse gas liquification equipment and at least temporarily store the greenhouse gas fluid (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”. The fluid is temporarily stored in the mixer 211 in order for it to be mixed. The mixer stores/hold material from the moment it arrives via its inlet until the moment it leaves via its outlet); and
A transport collection system, comprising:
One or more transporters (212, 213) configured to collect the greenhouse gas fluid from the greenhouse gas fluid storage equipment (211) and transport the greenhouse gas fluid to a sequestration-utilization system having at least one of a sequestration site and a utilization site (214).
As to Claim 9, Keshner discloses the invention of Claim 7 (Refer to Claim 7 discussion). Keshner also discloses wherein the sequestration site (114) comprises a commercial underground carbon dioxide storage.
As to Claim 10, Keshner discloses the invention of Claim 7 (Refer to Claim 7 discussion). Keshner also discloses wherein the sequestration site (114) comprises a wellsite with gas fluid injection equipment configured to receive a flow of the greenhouse gas fluid from the one or more transporters (212, 213) and inject the greenhouse gas fluid into a geological formation for sequestration (Paragraph 0062: “fracked cavern or well”).
As to Claim 11, Keshner discloses the invention of Claim 7 (Refer to Claim 7 discussion). Keshner also discloses wherein the utilization site (114) comprises any industry using a greenhouse gases as part of processing at least one of an Enhanced Oil Recovery (EOR) facility, food and beverage industry, an anaerobic facility, a laser facility for manufacturing, testing or research, and a research facility any other industry using carbon dioxide or other greenhouse gases as part of their processing (Paragraph 0062: “fracked cavern or well”. The fracking/hydrocarbon industry is being interpreted as part of “any other industry using carbon dioxide or other greenhouse gases as part of their processing”).
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 8, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keshner et al (U.S. Patent Application Publication No. 2020/0055672) in view of Davis (U.S. Patent No. 10,565,566).
As to Claim 8, Keshner discloses the invention of Claim 7 (Refer to Claim 7 discussion). However, Keshner is silent about wherein the greenhouse gas fluid storage equipment comprises a sensor configured to indicate a filling condition of the greenhouse gas fluid storage equipment; and a transmitter configured to receive the filling condition from the sensor and transmit a signal of the condition to the transport collection system comprising an instruction to collect at least a portion of the greenhouse gas fluid from the greenhouse gas fluid storage equipment, and the transport collection system comprises a receiver configured to receive the signal of the filling condition from the transmitter and direct a transporter of the one or more transporters to collect the at least portion. Davis discloses a fluid storage equipment (20a) comprising a sensor (60) configured to indicate a filling condition of the fluid storage (20a); and a transmitter (50, 58) configured to receive the filling condition from the sensor (60) and transmit a signal of the condition to the transport system comprising an instruction (68) to collect at least a portion of the fluid from the fluid storage equipment, and the transport collection system comprises a receiver (24, 36) configured to receive the signal of the filling condition from the transmitter (50, 58) and direct a transporter to collect the at least portion. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the greenhouse fluid storage equipment with a sensor configured to indicate a filling condition of the greenhouse gas fluid storage; and a transmitter configured to receive the filling condition from the sensor and transmit a signal of the condition to the transport system comprising an instruction to collect at least a portion of the greenhouse gas fluid from the greenhouse gas fluid storage equipment, and the transport collection system comprises a receiver configured to receive the signal of the filling condition from the transmitter and direct a transporter to collect the at least portion. The motivation would have been to monitor the fill level of the equipment.
As to Claim 12, Keshner discloses the invention of Claim 1 (Refer to Claim 1 discussion). However, Keshner is silent about further comprising a transport collection system having one or more transmitters coupled to the greenhouse gas fluid storage equipment at the one or more sites and at least one receiver configured to receive transmissions from the one or more transmitters; and a transport collection control center configured to direct the one or more transporters to remove at least a portion the greenhouse gas fluid at the one or more sites. Davis discloses a fluid storage equipment (20a) comprising a transmitter (50, 58) configured to receive the filling condition from the sensor (60) and transmit a signal of the condition to the transport system comprising an instruction (68) to collect at least a portion of the fluid from the fluid storage equipment, and the transport collection system comprises a receiver (24, 36) configured to receive the signal of the filling condition from the transmitter (50, 58) and direct a transporter to collect the at least portion. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the transport collection system with one or more transmitters coupled to the greenhouse gas fluid storage equipment at the one or more sites and at least one receiver configured to receive transmissions from the one or more transmitters; and a transport collection control center configured to direct the one or more transporters to remove at least a portion the greenhouse gas fluid at the one or more sites. The motivation would have been to monitor the fill level of the equipment.
As to Claim 13, Keshner discloses the invention of Claim 1 (Refer to Claim 1 discussion). However, Keshner is silent about further comprising a transport collection system and wherein the greenhouse gas fluid storage equipment comprises a sensor configured to indicate a filling condition of the greenhouse gas fluid storage equipment; and a transmitter configured to receive the filling condition from the sensor and transmit a signal of the condition to the transport collection system comprising an instruction to collect at least a portion of the greenhouse gas fluid from the greenhouse gas fluid storage equipment, and the transport collection system comprises a receiver configured to receive the signal of the filling condition from the transmitter and direct a transporter of the one or more transporters to collect the at least portion. Davis discloses a fluid storage equipment (20a) comprising a sensor (60) configured to indicate a filling condition of the fluid storage (20a); and a transmitter (50, 58) configured to receive the filling condition from the sensor (60) and transmit a signal of the condition to the transport system comprising an instruction (68) to collect at least a portion of the fluid from the fluid storage equipment, and the transport collection system comprises a receiver (24, 36) configured to receive the signal of the filling condition from the transmitter (50, 58) and direct a transporter to collect the at least portion. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the greenhouse gas fluid storage equipment with a sensor configured to indicate a filling condition of the greenhouse gas fluid storage equipment; and a transmitter configured to receive the filling condition from the sensor and transmit a signal of the condition to the transport collection system comprising an instruction to collect at least a portion of the greenhouse gas fluid from the greenhouse gas fluid storage equipment, and the transport collection system comprises a receiver configured to receive the signal of the filling condition from the transmitter and direct a transporter of the one or more transporters to collect the at least portion. The motivation would have been to monitor the fill level of the equipment.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678