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 .
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.
Claims 140-159 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In independent claim 140, “a secondary environment” is vague and ambiguous, since no primary of first environment has been recited (is the liquid exposed to the photoactive compounds in a first location or first or primary environment?).
In claim 148, it is unclear whether recitation of lowered pH being between 2 and 7 is reciting a range by which the pH is lowered or an achieved pH value range resulting from the pH lowering recited in claim 142.
In claim 151, “the auxiliary fluid” lacks antecedent basis, since claim 141, from which claim 151 depends, recites presence of such auxiliary fluid only in the alternative.
In claim 152, “charge balance” is unclear as to meaning (is this a parameter of the carbon-containing liquid recited in claims 140 and 141?);
recitations of “the auxiliary fluid” lacks antecedent basis, since claim 141, from which claim 152 depends, recites presence of such auxiliary fluid only in the alternative;
recitations of “the carbon-containing fluid” lack antecedent basis, being inconsistent with “carbon-containing liquid” in claims 140 and 141, from which claim 152 depends; and
“using an electrochemical reaction” is also vague and ambiguous (is such reaction applied to the carbon-containing liquid?).
In claim 153, recitations of optional plural carbon-containing compounds is inconsistent with recitations of “dissolved inorganic carbon is” in the singular in claim 153 and independent claim 140 (it is suggested that claim 153 be amended to recite: “…the dissolved inorganic carbon comprises one or more carbon-containing compounds selected from carbon dioxide…”).
In claim 154, each of “the carbon-containing liquid”, “the photoactive compounds” and “the removed carbon” lack antecedent basis, intended use of the claimed method as being for performing the method of claim 140 does not provide antecedent basis for terminology recited in claim 140 and also in system claim 154;
in the clause “coated on the first material”, “first material” lacks antecedent basis, since preceding recitation of the photoactive compounds being within such first material is recited as optional; and
“the photoactive compound” lacks antecedent basis, being inconsistent with previous recitations of “photoactive compounds”.
In claim 156, it is unclear whether the “target stream” is a positively recited structural component of the system.
In claim 159, it is unclear whether the “hydraulic head provided by a tide, river or dam” is positively reciting one or more structural components of the system, or is instead merely reciting optional intended locations or placements of the system.
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 140-156 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Puxty et al PGPUBS Document US 2016/0158690 (Puxty).
Referenced paragraph numbers of the applied PGPUBS Document are identified with “[ ]” symbols.
For independent claim 140, Puxty discloses a method for removing dissolved inorganic carbon from a carbon-containing liquid (see [0032, 0033, 0040, 0041 and 0044 regarding an aqueous or polar liquid solution containing a target gas such as carbon dioxide which has been absorbed]), comprising:
exposing the liquid to photoactive compounds ([0032], [0033], [0040] and [0048] regarding photoactive compound being dissolved in the solvent or solution, [0048 concerning the solution containing multiple different types of photoactive compounds]),
thereby removing the dissolved inorganic carbon from the liquid into a secondary environment (also see [0032-0034, 0041 and 0042, particularly 0034, 0041 and 0042] regarding collecting carbon dioxide desorbed from the absorbent solution, therefor such carbon dioxide having been removed from the aqueous solution and directed into a 2nd environment separate from the 1st environment of the aqueous solution]).
Puxty further discloses:
for claim 141, wherein the photoactive compounds are within the carbon-containing liquid, at a boundary in contact with such liquid, or within an auxiliary fluid separated from the carbon-containing liquid [0028 and 0040 re the photoactive compound(s) being added to or within such liquid];
for claim 142, wherein the photoactive compounds lower a pH of the liquid [0033 re produced reduction in pH];
for claim 143, wherein the photoactive compounds are activated [0040, 0043 and 0045 re the photoactive compounds having been activated];
for claim 144, wherein the photoactivated compounds comprise reversible photoacids ([0081-0096 re the photoactivated compounds being selected from any of a wide range of photoacid compounds] and [0098 re the photoactive compounds or photoacids being reversible between a ground state and an excited state]);
for claim 145, wherein the method further comprises activating the photoactive compounds by exposing them to a light source [0045-0048 re the compounds being exposed to light, either visible and/or UV light];
for claim 146, wherein the photoactive compounds are within and/or coated on a material (also see [0031-0033 re the solution containing the photoactive compound(s) being within the solution and the solution being mixed with one or more amine materials]);
for claim 147, wherein the material is within the carbon-containing liquid, at a boundary in contact with such liquid, or within an auxiliary fluid separated from the carbon-containing liquid (also see [0031-0033 re the solution containing the photoactive compound(s) being within the solution and the solution being mixed with one or more amine materials] and [0032, 0033, 0040, 0041 and 0044 regarding an aqueous or polar liquid solution containing a target gas such as carbon dioxide which has been absorbed, thus being carbon-containing]);
for claim 148, wherein the lowered pH is between 2 and 7 [0055 re the pH of the solution being lowered to a range of from about 0 to about 8, thus encompassing the claimed range];
for claim 149, the method further comprising capturing the removed carbon [0034 re “collecting carbon dioxide desorbed from the absorbent solution];
for claim 150, the method further comprising deactivating the photoactive compounds by removing exposure of the photoactive compounds to the light source [0046 re the photoactive compound(s) being alternately excited, i.e. “activated” and “deactivated” depending on periodic applying or not applying of light energy as desired]; for claim 151, regenerating the photoactive compounds for further use by allowing protein transfer into the auxiliary fluid [0025 re transformation of the photoactive compound(s) from 1st to 2nd state with electron accepting moiety and proton photodissociation moiety] and [0026-0027 re such process step allowing reuse of sorbent auxiliary solution];
for claim 152, wherein charge balance is maintained by replacing protons moved from the auxiliary fluid to the carbon-containing fluid with cations, moving anions together with protons moved from the auxiliary fluid to the carbon-containing fluid and/or using an electrochemical reaction [0025 re transformation of the photoactive compound(s) from 1st to 2nd state with electron accepting moiety and proton photodissociation moiety, thus moving of anions and protons] and [0026-0027 re such process step concerning use of sorbent auxiliary solution and carbon dioxide-containing gas stream] ; and,
for claim 153, the dissolved inorganic carbon is contained in one or more compounds selected from carbon dioxide, carbonic acid, bicarbonate and/or carbonate; the removed carbon is contained in carbon dioxide, and/or the carbon-containing liquid is water [0032, 0033, 0040, 0041 and 0044 regarding an aqueous or polar liquid solution containing a target gas such as carbon dioxide which has been absorbed, thus being carbon-containing].
For independent method claim 154, Puxty discloses a system for performing the method of claim 40 (figure 1 and [0117 re a system including an adsorption reactor 102 and a desorption reactor 104 for absorbing and desorbing the carbon dioxide]), wherein the system comprises:
a duct for carrying a carbon-containing liquid to photoactive compounds (figure 1 and [0117-0118] re line 106 to the 1st inlet 106 of the absorption reactor column 102 and/or the annular or cylindrical space defined along the length of such column) ,
wherein the compounds are within a 1st material and/or are coated on a 1st material (also see [0031-0033 re the solution containing the photoactive compound(s) being within the solution and the solution being mixed with one or more amine 1st materials]);
a light source for activating the photoactive compounds [0128 and 0130 re exposure to sunlight or another light source, such as UV light at selected wavelengths]; and,
a unit for capturing the removed carbon (figure 1 and [0117 and 0118] re a system including an adsorption reactor 102 and a desorption reactor 104 for absorbing and desorbing the carbon dioxide, the desorption reactor 104 constituting the unit for capturing removed carbon, optionally or if necessary also see [0005] regarding a gas reservoir unit for capturing and storing carbon dioxide so as to be used for injection ).
Puxty further discloses:
for claim 155, wherein the system comprises a 2nd duct for carrying a working or auxiliary fluid (figure 1, [0117, 0118, 0126, 0127 and 0132] re recycling line coupling outlet 122 of desorption reactor unit 122 and 2nd inlet 108 of adsorption reactor 102 for recycling “working” fluid); and,
for claim 156, wherein the system further comprises a 2nd material which is between the unit and a target stream, and wherein the 2nd material enables transfer of the removed carbon from the unit and into a target stream [0134-0135 re 2nd absorbent solution materials including suitable amines present in a mixture of amines with recycled carbon dioxide being fed into the recycling line coupling outlet 122 of desorption reactor unit 122 and 2nd inlet 108 of adsorption reactor 102 for recycling “working” fluid, as clarified in [0126, 0127 and 0132] .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 157 and 158 are rejected under 35 U.S.C. 103 as being unpatentable over Puxty et al PGPUBS Document US 2016/0158690 (Puxty) in view of Patent Publication WO 2005/121030 and the Machine English translation thereof (Publication ‘030).
Referenced paragraph numbers of the applied PGPUBS Document are identified with “[ ]” symbols.
Claims 157 and 158 differ from Puxty by requiring the system to comprise a photovoltaic panel.
Publication ‘030 teaches such a photovoltaic panel in a system for decontaminating water having a photocatalytic reactor with photocatalyst which receives solar, infrared and ultraviolet radiation (Translation Abstract), and allows decomposing of carbon dioxide and other inorganic salts (Translation Description, 1st paragraph). The panel-containing system enables increased concentration and precision in placement of the received radiation to enhance the photocatalysis (Translation Description, 2nd through 6th paragraphs).
It would have been obvious to one of ordinary skill in the art of removing of carbon from fluids or liquids to have modified the Puxty system, by including such photovoltaic panel in the system, as taught by Publication ‘030, in order to enable increased concentration and precision in placement of the received radiation to enhance the photocatalysis
For claim 158, Publication ‘030 further suggests the additional limitation of the photovoltaic panel being below a 1st material. Figure 1 of ‘030 illustrates the photovoltaic panel as being below a 1st housing enclosure of reactor 2, while the translation Abstract teaches that such reactor enclosure protects the panel from excessive radiation and allows adsorption of radiation by the photocatalyst and water, respectively.
It would have been further obvious to one of ordinary skill in the art of removing of carbon from fluids or liquids to have modified the Puxty system, by such locating of the photovoltaic panel below an enclosure material in the system, as taught by Publication ‘030, in order to protect the panel from excessive radiation and allows adsorption of radiation by the photocatalyst and water
Claim 159 is rejected under 35 U.S.C. 103 as being unpatentable over Puxty et al PGPUBS Document US 2016/0158690 (Puxty) in view of Grossman et al PGPUBS Document US 2011/0233142 (Grossman). Referenced paragraph numbers of the applied PGPUBS Documents are identified with “[ ]” symbols.
Claim 159 differs from what is disclosed by Puxty by requiring the system to further comprise a pump, or a hydraulic head provided by a tide, river or dam for flowing the carbon-containing liquid towards the photoactive compounds.
Grossman teaches a water purification system adapted to break down a wide range of organic impurities, i.e. organic carbon-containing compounds, utilizing a combination of photocatalysis with photocatalysts, activated by ultraviolet light [0015].
Grossman in [0030 and 0032] teaches the system including a circulation means, suggesting a circulation pump and an impeller, i.e. “impeller pump” positioned and configured to encourage water to flow in close proximity to one or more of the UV light irradiation or photoactive catalyst, thus receiving a stronger effect from the activated photocatalysis.
It would have been further obvious to one of ordinary skill in the art of removing of carbon from fluids or liquids to have modified the Puxty system, by modifying the system to include a circulation and/or impeller pump, as suggested by Grossman, in order to encourage increased water flow in close proximity to one or more of the light source or photoactive compounds.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Joseph Drodge at his direct government formal facsimile phone number telephone number of 571-272-1140. The examiner can normally be reached on Monday-Friday from approximately 8:00 AM to 1:00PM and 2:30 PM to 5:30 PM.
If attempts to reach the examiner are unsuccessful, the examiner' s supervisor, Benjamin Lebron, of Technology Center Unit 1773, can reached at 571-272-0475.
The telephone number, for official, formal communications, for the examining group where this application is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from the Patent Examiner. Unpublished application information in Patent Center is available to registered users. Visit https:///www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https:///www.uspto.gov/patents/apply/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.
JWD
02/20/2026
/JOSEPH W DRODGE/Primary Examiner, Art Unit 1773