DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 16 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 16 recites that the perturbation is either solar heating or enclosing at least a portion of the substance. However, the embodiment of “solar heating” (or any type of heating) does not fall within one of the listed perturbations required by claim 1, upon which claim 16 depends. Therefore, claim 16 fails to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 claims 1 and 16, 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 via enclosing a portion 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 47: the solid is placed in a vacuum well and heated).
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).
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.
Response to Arguments
Applicant's arguments filed 04/28/2026 have been fully considered but they are not persuasive. Applicant argues that Zhou does not disclose the use of “vibrations, light waves, sound waves, movement of at least a portion of the substance, and enclosing at least a portion of the substance”. However, in paragraphs 42 and 47, Zhou discloses placing the halogen-containing sorbent in a vacuum well in which the solid is treated. This anticipates “enclosing at least a portion of the substance”.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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
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