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 .
This action is in response to the amendments filed 09/01/2026 and the IDS filed 09/23/2026.
Claims 1-19, 21 and 24-32 are pending. Claims 1-15, 19, 21 and 24-32 are being examined. Claims 20 and 22-23 are canceled. Claims 16-18 are withdrawn from further consideration as being directed to non-elected inventions. Claims 1, 5, 19, and 29 are amended with no new subject matter being introduced.
Allowable Subject Matter
Claim 5 is 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.
Claim Rejections - 35 USC § 103
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 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 1-4, 6-15, 19, 21, 24-32 are rejected under 35 U.S.C. 103 as being unpatentable over Foo (WO 2019/020613 A1).
Considering claims 1 and 3, Foo teaches a calcium-magnesium sorbent composition (Foo, abstract) comprising magnesium hydroxide and calcium hydroxide (Foo, page 9 lines 5-7). Foo teaches a moisture/water content of 5-20 wt.% (Foo, page 24, lines 12-14). Foo teaches calcium-magnesium hydroxide content of greater than or equal to 80 weight% and the proportion of calcium to magnesium of 0.01 to 10 (Foo, page 8 lines 9-21). A prima facie case of obviousness exists because the claimed weight percentages of magnesium hydroxide containing material and metal hydroxide (i.e., Ca(OH)2) overlap the range taught by Foo (see MPEP §2144.05(I)).
It should be noted “a magnesium hydroxide containing material” is any material that contains any non-zero amount of magnesium hydroxide; thus the composition that comprises 60-90% by weight of the magnesium hydroxide containing material can have any overall magnesium hydroxide content ranging from non-zero levels up to 90% by weight of the composition overall.
It should also be noted that the claim is directed to a composition. Foo teaches/obviates the claimed composition. Thus, the composition of Foo would also be configured to be exposed to CO2 and to react with that CO2 to form stable magnesium carbonates and hydrated magnesium carbonates, thereby sequestering CO2.
Considering claim 2, it should be noted that the claims are directed to a composition comprising a magnesium hydroxide containing material. Foo teaches a composition comprising a magnesium hydroxide containing material and the method by which the magnesium hydroxide containing material is obtained does not contribute any structural limitations to the composition/product.
Considering claim 4, Foo obviates the composition is configured as a granule by teaching particles having d50 between 5 and 16 µm (Foo, page 11 lines 3-5). On page 8 of instant specification, Applicant discloses pellets/granules are approximately 1 µm to 10 mm.
Considering claim 6-7, Foo teaches the magnesium based hydrate composition is configured as a slurry with a solids content of 10-50% by weight (Foo, page 12 line 27 – page 13 line 10).
Considering claim 8, Foo teaches the magnesium based hydrate composition is configured as a slurry with a solids content of 10-50% by weight (Foo, page 12 line 27 – page 13 line 10). A prima facie case of obviousness exists because the claimed range of 5-15% solids content overlaps the range taught by Foo (see MPEP §2144.05(I)).
Considering claim 9-10, Foo teaches the composition further comprises clays (Foo, page 22, lines 1-7). Foo teaches the compound comprises calcium-magnesium hydroxide content of greater than or equal to 80 weight% (Foo, page 8 lines 9-13). Thus, it would be expected that the content of the clays would be less than 50% by weight.
It should be noted that the claims are directed to a composition. Foo teaches/obviates the claimed composition and teaches the composition further comprises the claimed silica containing materials. Thus, it would be expected that the silica containing materials of Foo would also be configured to increase sequestration of carbon to the magnesium hydroxide containing material.
Considering claim 11, Foo teaches the silica containing materials are selected from the claimed group by teaching kaolin, bentonite, and vermiculite (Foo, page 22, lines 1-7).
Considering claims 12-13, Foo teaches the composition further comprises inert materials such as clays (Foo, page 22, lines 1-7). Foo teaches the compound comprises calcium-magnesium hydroxide content of greater than or equal to 80 weight% (Foo, page 8 lines 9-13). Thus, it would be expected that the content of the clays would be less than 20% by weight. A prima facie case of obviousness exists because the claimed range of 5-20% overlaps the range taught by Foo (see MPEP §2144.05(I)).
It should be noted that the claims are directed to a composition. Foo teaches/obviates the claimed composition and teaches the composition further comprises the claimed inerts such as clays. Thus, it would be expected that the inerts of Foo would also be configured to increase overall porosity of the magnesium hydroxide containing material and increase rate of sequestration of carbon to the magnesium hydroxide containing material.
Considering claims 14-15, Foo teaches the composition further comprises calcium sulfate among others (Foo, page 22 lines 1-7). Foo teaches the compound comprises calcium-magnesium hydroxide content of greater than or equal to 80 weight% (Foo, page 8 lines 9-13). Thus, it would be expected that the content of the other components (i.e., calcium sulfate) would be less than 20% by weight.
Considering claims 19, Foo teaches a calcium-magnesium sorbent composition comprising magnesium hydroxide (Foo, abstract, page 8 lines 9-21, page 9 lines 5-7). Foo teaches the sorbent comprises sodium under the form of sodium additive in the range of 0.2-3.5 wt.% in order to decrease the resistivity of the sorbent (Foo, page 10 lines 4-16). Foo teaches additives can be nitrates, nitrites, oxides, hydroxides (Foo, page 14, lines 3-10).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a metal hydroxide such as NaOH. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to do so in order to decrease the resistivity of the sorbent with a reasonable expectation of success.
Foo teaches a moisture/water content of 5-20 wt.% (Foo, page 24, lines 12-14).
It should be noted that the claims are directed to a composition comprising a magnesium hydroxide containing material. Foo teaches a composition comprising a magnesium hydroxide containing material and the method by which the magnesium hydroxide containing material is obtained does not contribute any structural limitations to the composition/product.
Considering claim 21, Foo teaches the composition comprises 1-99% by weight magnesium hydroxide by teaching calcium-magnesium hydroxide content of greater than or equal to 80 weight% and the proportion of calcium to magnesium of 0.01 to 10 (Foo, page 8 lines 9-21).
Considering claim 24, Foo teaches the sorbent comprises sodium under the form of sodium additive (NaOH) in the range of 0.2-3.5 wt.% in order to decrease the resistivity of the sorbent (Foo, page 10 lines 4-16). A prima facie case of obviousness exists because the claimed range of 1-99% overlaps the range taught by Foo (see MPEP §2144.05(I).
Considering claim 25, Foo teaches the composition comprises 1-99% by weight water by teaching a moisture/water content of 5-20 wt.% (Foo, page 24, lines 12-14).
Considering claim 26, Foo teaches the magnesium based hydrate composition is configured as a slurry (Foo, page 12 line 27 – page 13 line 10).
Considering claim 27-28, Foo teaches the composition further comprises clays (Foo, page 22, lines 1-7). Foo teaches the compound comprises calcium-magnesium hydroxide content of greater than or equal to 80 weight% (Foo, page 8 lines 9-13). Thus, it would be expected that the content of the clays would be less than 50% by weight.
Considering claims 29-30, Foo teaches the composition further comprises inert materials such as clays (Foo, page 22, lines 1-7).
Considering claim 31, Foo teaches the composition further comprises calcium sulfate among others (Foo, page 22 lines 1-7).
Considering claim 32, it should be noted that the claims are directed to a composition. Foo teaches the claimed composition. Thus, the composition of Foo would also be configured to be exposed to CO2 wherein the composition is configured to react with said CO2 to form stable magnesium carbonates and hydrated magnesium carbonates and hence sequesters CO2.
Response to Arguments
Applicant’s arguments filed regarding Foo is framed around flue gas sorbent resistivity control and electrostatic precipitator compatibility and not CO2 sequestration or formation of the claimed carbonate products have been fully considered but are not persuasive.
It should be noted that the claims are directed to a composition and the method of use of that composition does not impart any additional structural limitations to the product. The product of Foo is capable of CO2 sequestration and formation of the claimed carbonate products. Nonetheless, Foo teaches the use of the product in flue gas treatment to remove acid gases. Applicant has not provided any evidence supporting their assertion that Foo’s composition is not capable of sequestering CO2 and forming the claimed carbonate products.
Applicant’s arguments filed regarding amended claim 19 does not use calcium hydroxide as metal hydroxide have been fully considered but are not persuasive.
In addition to calcium hydroxide Foo teaches the sorbent comprises sodium under the form of sodium additive in the range of 0.2-3.5 wt.% in order to decrease the resistivity of the sorbent (Foo, page 10 lines 4-16). Foo teaches additives can be nitrates, nitrites, oxides, hydroxides (Foo, page 14, lines 3-10).
Applicant’s arguments filed regarding Hio reference have been fully considered but are moot because the Hio reference is no longer being used.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ANITA NASSIRI-MOTLAGH/Primary Examiner, Art Unit 1734
