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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-8 in the reply filed on 8/3/2026 is acknowledged.
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 1-8 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.
In claim 1, line 5, the phrases “the top” and “the tower” lack antecedent basis in the claims. It is unclear whether “the tower” refers to the “the scrubbing tower”.
In claim 1, line 6-7, the phrases “the bottom” and “the tower” lack antecedent basis in the claims. It is unclear whether “the tower” refers to the “the scrubbing tower”.
In claim 1, line 11, the phrase “is used to cool” is unclear as to scope. It appears the phrase is intended to establish that a liquid cools an air flow. However, it is unclear whether the cooling step is required by the claim because subsequent claims require that cooling is prohibited under certain condition (See dependent claims 6 and 7). The Office interprets the claim to require that a liquid stream cools an air flow.
In claim 3, line 2, the phrase “the last stage” lacks antecedent basis in the claims.
In claim 3, line 4, the phrase “the gas stream upstream” lacks antecedent basis in the claims.
In claim 3, line 4, the phrase “the tower (K)” lacks antecedent basis in the claims.
In claim 3, line 5, the phrase “the tower” lacks antecedent basis in the claims.
In claim 3, line 7, the phrase “the gas containing oxygen and/or nitrogen and/or carbon monoxide” lacks antecedent basis in the claims.
In claim 4, line 2, the phrase “the vaporization” lacks antecedent basis in the claims.
In claim 5, line 3, the phrase “the vaporization” lacks antecedent basis in the claims.
In claim 6, line 3 and 4, the phrase “the ambient temperature” lacks antecedent basis in the claims.
In claim 7, line 3, the phrase “the ambient temperature” lacks antecedent basis in the claims.
In claim 8, line 1, the phrase “the liquid flow” lacks antecedent basis in the claims.
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.
Claims 6-7 are 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. Claims 6 and 7 require that the cooling is not performed, which is a requirement of claim 1. Thus, claims 6 and 7 broaden the scope of claim 1. 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CA 2691802 teaches a process of separating CO2 form other flue gases and particulates (Abstract). At least gases such as SO2 and particulates are removed from the flue gas via scrubbing (page 7, l. 20-30). The CO2 is recovered by condensation of a pressurized stream containing the enriched CO2 (Page 8). The process may include a cooling step in order to minimize the flow through water condensation (Page 7, l. 28-30).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A FIORITO whose telephone number is (571)272-9921. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A FIORITO/Primary Examiner, Art Unit 1731
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