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.
Claims 1-11 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou USPA 2021/0146335 A1.
Regarding claim 1, Zhou discloses a process for suppressing mercury vapor emission from a substance comprising vaporizable mercury (paragraphs 31, 54 and 55) which process comprises applying a halogen-containing sorbent to said substance (paragraph 55), wherein the halogen comprises one or more halogens selected from chlorine, bromine, and iodine (paragraph 11), and allowing perturbation of the substance to cause mercury to volatilize, thereby suppressing emission of at least a portion of mercury vapor from the substance (paragraphs 36 and 48).
Regarding claims 2 and 3, Zhou discloses that the halogen-containing sorbent comprises activated carbon (paragraph 47).
Regarding claim 4, Zhou discloses that sorbent comprises a substrate material selected from one or more inorganic materials (paragraph 19).
Regarding claim 5, Zhou discloses that the inorganic material is selected from chabazite, silica, kaolinite, and bentonite (paragraph 20).
Regarding claim 6, Zhou discloses that the halogen-containing sorbent is a halogen-containing activated carbon sorbent (paragraph 47).
Regarding claims 7 and 8, Zhou discloses that the halogen is bromine and/or iodine (paragraph 11).
Regarding claim 9, Zhou discloses that the halogen-containing sorbent has a halogen content of about 0.1 to about 30 wt % calculated as bromine and based on the total weight of the halogen-containing sorbent (paragraph 27).
Regarding claim 10, Zhou discloses applying the halogen-containing sorbent to the substance comprises: (a) applying the halogen-containing sorbent to a surface of the substance; and/or (b) combining the halogen-containing sorbent with at least a portion of a surface of the substance; and/or (c) adding the halogen-containing sorbent to a reactive barrier; and/or (d) forming a reactive barrier containing the halogen-containing sorbent; and/or (e) introducing the halogen-containing sorbent subsurface to the substance (paragraphs 54 and 55).
Regarding claim 11, Zhou discloses that the halogen-containing sorbent is added and/or applied in the form of a slurry or suspension (paragraph 34).
Regarding claim 13, Zhou discloses that the halogen-containing sorbent is applied to the substance by spraying a suspension or slurry of the halogen-containing sorbent, by spreading a dry solid comprising the halogen-containing sorbent onto the surface of the substance, or by introducing the halogen-containing sorbent subsurface to the substance (paragraph 49).
Regarding claims 14 and 15, Zhou discloses that the substance comprising vaporizable mercury is soil, (paragraphs 49 and 50).
Regarding claim 16, Zhou discloses that the perturbation is heating or enclosing at least a portion of the substance (paragraphs 36 and 48: heat; paragraph 55: “contained combination”).
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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou USPA 2021/0146335 A1.
Zhou is relied upon as above.
Regarding claim 12, Zhou does not disclose that the halogen-containing sorbent is about 5 wt % to about 45 wt % of the slurry or suspension. Nevertheless, absent a proper showing of criticality or unexpected results, the weight percent of the halogen-containing sorbent in the slurry/suspension is considered to be a general condition that would have been routinely optimized by one having ordinary skill in the art in order to provide optimal mercury emission mitigation. MPEP 2144.05.
Conclusion
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/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776