Prosecution Insights
Last updated: August 06, 2026
Application No. 18/438,397

EFFICIENT LOW-PRESSURE DROP SYSTEM AND METHOD FOR CAPTURING CARBON

Non-Final OA §102§103
Filed
Feb 09, 2024
Priority
Sep 30, 2022 — CIP of 17/958,306 +1 more
Examiner
CLEMENTE, ROBERT ARTHUR
Art Unit
Tech Center
Assignee
Harrison Rice
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
1082 granted / 1337 resolved
+20.9% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
1362
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
39.7%
-0.3% vs TC avg
§102
28.6%
-11.4% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1337 resolved cases

Office Action

§102 §103
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 § 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1 – 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2011/0296869 to Buhrman et al. (hereinafter referred to as Buhrman). In regard to claim 1, Buhrman discloses a system that can be used for carbon capture. The system includes a conduit (524) that forms a hollow structure. The liquid (508) can be a carbon capture substance for distribution within the structure (524). The throat section (not numbered, akin to 216 in figure 2) can be considered to form a drift control element, as broadly recited in the claim. The throat section is shown to be attached to the structure (524). The throat section is capable of preventing outside air from removing the carbon capture substance from the structure (524). The nozzle (540) forms a distribution element capable of distributing the carbon capture substance (508) into air inside the structure (524), wherein the air can pass through the drift control element. The swirl inducing structure (518) forms an exhaust particle separator that is attached to the structure. The carbon capture substance and the air from the structure both enter the exhaust particle separator (518). The drain port (530) forms a carbon substance collection element. The compressor (546) can be considered to form an air moving element capable of pulling air into the exhaust particle separator (518). An exhaust (548) is attached to the air moving element (546). Air is capable of leaving the exhaust (548). In regard to claim 2, the swirl inducing structure (518) can cause the air and the carbon capture substance to change direction, wherein the change of direction cause the air and the carbon capture substance to have a radial component of acceleration. In regard to claim 3, the air moving element (546) is capable of pulling air through the efficient swirling separator (518) and pushing air out the exhaust (548). In regard to claim 4, the radial component of acceleration can push the carbon capture substance into the collection element (530) and away from the exhaust (548). In regard to claims 5 and 6, the carbon capture substance can be extracted through the carbon capture substance collection element (530) and can be collected for reuse, as shown by the arrows in figure 5. In regard to claim 7, Buhrman discloses a system that can be used for carbon capture. The system includes a conduit (524) that forms a hollow structure. The liquid (508) can be a carbon capture substance for distribution within the structure (524). The throat section (not numbered, akin to 216 in figure 2) can be considered to form a drift control element, as broadly recited in the claim. The throat section is shown to be attached to the structure (524). The throat section is capable of preventing outside air from removing the carbon capture substance from the structure (524). The nozzle (540) forms a distribution element capable of distributing the carbon capture substance (508) into air inside the structure (524), wherein the air can pass through the drift control element. The swirl inducing structure (518) can be considered to form an efficient swirling separator, as broadly recited in the claim. The swirl inducing structure (518) is capable of operating with a pressure drop of at least 3.8 pascals. The left side of the swirl inducing structure (518) forms an inlet where air from the structure can enter. The swirl inducing structure (518) is shown to include at least one vane that can change direction of the air by causing it to swirl or rotate. The separation section (520) can be considered to form an internal exhaust inlet where the air can enter after rotating via the at least one vane. The drain port (530) forms a carbon substance collection element. The compressor (546) can be considered to form an air moving element capable of pulling air into the exhaust particle separator (518). An exhaust (548) is attached to the air moving element (546). Air is capable of leaving the exhaust (548). In regard to claim 8, the vanes of the swirl inducing structure (518) are stationary. In regard to claim 9, the vanes of the swirl inducing structure (518) can cause the air and the carbon capture substance to change direction, wherein the change of direction cause the air and the carbon capture substance to have a radial component of acceleration. In regard to claim 10, the air moving element (546) is capable of pulling air through the efficient swirling separator (518) and pushing air out the exhaust (548). In regard to claims 11 and 12, the carbon capture substance can be extracted through the carbon capture substance collection element (530) and can be collected for reuse, as shown by the arrows in figure 5. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Buhrman in view of US Patent Application Publication No. 2024/0198276 to Stark, Jr. (hereinafter referred to as Stark). Buhrman is discussed above in section 3. As discussed in paragraph [0021], Buhrman can use the system for a method of capturing carbon dioxide from a flue gas. Buhrman does not specifically disclose using air as the flue gas. As discussed in paragraphs [0004] – [0006] of Stark, it is known in the art to perform methods to capture carbon dioxide from air. Predictably, air could be fed into the inlet of the system of Buhrman. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Buhrman to use air as the flue gas for carbon to be captured from as suggested by Stark as it is well-known in the art to perform a method to capture carbon dioxide from air. In this combination, the operation of the system of Buhrman would include: intaking air into a structure (524) for cleansing of carbon dioxide; placing a carbon capture substance (508) inside said structure; mixing said carbon capture substance with said air inside said structure using a nozzle (540); separating said carbon dioxide from said air via a chemical reaction with said carbon capture substance; removing of carbon capture substance from the air via an exhaust particle separator (518); pushing air outside said structure; extracting said carbon capture substance through at least one carbon capture substance collection element (530); and reusing said carbon capture substance (see the arrows in figure 5 leading from the collection element back to the nozzle). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 9-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at 571-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROBERT CLEMENTE/Primary Examiner, Art Unit 1773
Read full office action

Prosecution Timeline

Feb 09, 2024
Application Filed
Apr 09, 2024
Response after Non-Final Action
Jul 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
88%
With Interview (+7.2%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1337 resolved cases by this examiner. Grant probability derived from career allowance rate.

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