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 1-12 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 claims 1, 5 and 9, the claims recite “Direct air capture” and then go on to recite capturing CO2 or methane from various emission sources. However, “direct air capture” is the capture of CO2 from ambient air, not from emission sources or from water. This renders the claims indefinite.
Regarding claims 1, 5 and 9, the preamble of the claim recites a system but the body of the claim is written as a method. It is therefore unclear what structure is being claimed. It is unclear whether or not the “pipe” is being claimed as part of the system.
Regarding claim 2, “vent” lacks antecedent basis in the claim.
Regarding claims 2, 6 and 10, the “vent hood device” lacks antecedent basis in the claim. Furthermore, it is unclear whether or not the “vent hood” is being claimed as part of the “system”. Furthermore, if the “vent hood” is being claimed, it is unclear how it is structurally connected to the rest of the system. E.g. how is the vent hood structurally related to the pipe (claim 2) or underwater tube (claim 6)?
Regarding claims 2-4, 6-8 and 10-12, “wherein is configured…” is unclear. It is unclear what is “configured”.
Regarding claims 3, 7 and 11, the “supercharger gas/liquid device” lacks antecedent in the claim. Furthermore, it is unclear whether or not the “supercharger gas/liquid device” is being claimed as part of the “system”. Furthermore, if the “supercharger gas/liquid device” is being claimed, it is unclear how it is structurally connected to the rest of the system.
Regarding claims 4, 8 and 12 the “positive displacement gas/liquids compressor” lacks antecedent in the claim. Furthermore, it is unclear whether or not the “positive displacement gas/liquids compressor” is being claimed as part of the “system” recited in claim 1.
Regarding claim 6, “the vacuum pressure” lacks antecedent basis in the claim.
Regarding claim 9, “the water” lacks antecedent basis in the claim.
Regarding claim 10, “to prevent to control the backpressure” is unclear and indefinite.
Regarding claim 10, “the underwater tube” lacks antecedent basis in the claim.
Regarding claims 10-12, it is unclear how the “vent hood”, “supercharger gas/liquids device” and “positive displacement gas/liquid compressor” is related to the capture and storage of CO2 or methane from under the water, as recited in claim 9.
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, 2, 5, 6, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ernst USPN 12,006,014 B1.
Regarding claims 1 and 5, Ernst discloses a system comprising: direct air capture and storage of CO2 or Methane from a pipe venting CO2 or methane into earth's atmosphere (column 6, lines 3-30).
Regarding claim 9, “from under the water” is deemed to be a statement with regard to the intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP § 2111.02.
Regarding claim 2, Ernst discloses that the system includes a vent hood (figure 2: vent hood 100 vents exhaust to exhaust cleaning system 200; column 6, lines 3-30). Furthermore, the system would have less backpressure than some other hypothetical system; therefore, it is deemed to be configured to prevent backpressure in the vented pipe.
Regarding claims 6 and 10, Ernst discloses a valve member that is pressure actuated (column 7, lines 44-50). This is capable of controlling vacuum pressure.
Claims 1, 3, 5, 7, 9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Finkelshtain USPN 10,530,001 B2.
Regarding claims 1 and 5, Finkelshtain discloses a system comprising: direct air capture and storage of CO2 or Methane from a pipe venting CO2 or methane into earth's atmosphere (column 2, lines 12-24).
Regarding claim 9, “from under the water” is deemed to be a statement with regard to the intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP § 2111.02.
Regarding claims 3, 7 and 11, Finkelshtain discloses that the system is connected to a supercharger (column 2, lines 12-24). The supercharger could be driven from renewable energy. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.
Claims 1, 4, 5, 8, 9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Hosford USPA 2006/0248921 A1.
Regarding claims 1 and 5, Hosford discloses a system comprising: direct air capture and storage of CO2 or Methane from a pipe venting CO2 or methane into earth's atmosphere (paragraph 40).
Regarding claim 9, “from under the water” is deemed to be a statement with regard to the intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP § 2111.02.
Regarding claims 4, 8 and 12, Hosford discloses a positive displacement compressor (paragraph 55). The compressor could be driven from renewable energy. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.
Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated Harper USPA 2015/0354451 A1.
Regarding claim 9, Harper discloses a system comprising: direct air capture and storage of CO2 or methane from under the water before it enters into earth's atmosphere (paragraph 26).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P JONES whose telephone number is (571)270-7383. The examiner can normally be reached 9AM-6PM EST M-F.
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/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776