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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-13, in the reply filed on 05/06/26 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 1-13 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.
Claim 1 recites “an amount of a salt to be dissolved in water is larger than an amount of the liquid amine compound to be dissolved in water, the salt being formed from the liquid amine compound and the acid gas” in lines 10-12. It is unclear whether this language recites a positive method step or merely defines an inherent property or characteristic of the acid gas absorbent and the salt formed during the process, rather than requiring an affirmative act to be performed.
For the purposes of the expediting examination, Examiner interprets this language as reciting an inherent property of the acid gas absorbent and the salt formed during the claimed process, and not as requiring a separate affirmative method step.
Claims 2-13 depend on claim 1; and hence are likewise rejected.
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(s) 1, 3, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fujimoto et al (US 20140127119; hereinafter Fujimoto).
As regarding claim 1, Fujimoto discloses the claimed invention for an acid gas removal (title, abstract, figs. 1 and 3-8) method for removing an acid gas from a gas to be treated containing the acid gas, the method comprising: a first step of bringing the gas to be treated into contact with an acid gas absorbent to absorb the acid gas (absorber 11); and a second step of releasing a part of the acid gas from the acid gas absorbent that has absorbed the acid gas in the first step to regenerate the acid gas absorbent (117), wherein the acid gas absorbent is a mixture containing a liquid amine compound having a secondary amine structure and water ([0039], [0065], and [0108]), and an amount of a salt to be dissolved in water is larger than an amount of the liquid amine compound to be dissolved in water, the salt being formed from the liquid amine compound and the acid gas.
Alternatively, the recited limitations (“… amount of a salt to be dissolved in water is larger than an amount of the liquid amine compound to be dissolved in water…”) would result from optimizing the process conditions such that the acid gas (e.g. CO2) capture process is enhanced. Selecting process conditions that promote the formations and dissolution of the reaction salt to improve absorption performance would have been a routine optimization within the ordinary skill in the art before the effective filing date of the invention was made.
As regarding claim 3, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention except for wherein an amount of the liquid amine compound to be dissolved in water at 25°C is 50,000 mg/L or less. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein an amount of the liquid amine compound to be dissolved in water at 25°C is 50,000 mg/L or less in order to enhance acid gas removal process efficiency, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
As regarding claim 11, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention for wherein the second step is intended to regenerate the acid gas absorbent by heating and/or pressure reduction ([0169]).
As regarding claim 12, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention for wherein, in the second step, the acid gas absorbent is heated using heat generated in the first step to regenerate the acid gas absorbent ([0216] – exothermic absorption).
As regarding claim 13, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention for wherein the acid gas is carbon dioxide (title and abstract).
Claim(s) 2 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fujimoto et al (US 20140127119; hereinafter Fujimoto), as applied supra, and further in view of Freeman et al (US 20180071674; hereinafter Freeman).
As regarding claim 2, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention except for wherein the acid gas absorbent is brought into a state of being phase-separated into an organic phase and an aqueous phase after the part of the acid gas is released in the second step. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the acid gas absorbent is brought into a state of being phase-separated into an organic phase and an aqueous phase after the part of the acid gas is released in the second step in order to enhance acid gas removal process performance, since it was known in the art as shown in Freeman ([0082]).
Claim(s) 4-6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fujimoto et al (US 20140127119; hereinafter Fujimoto), as applied supra, and further in view of Hong et al (US 20170246587; hereinafter Hong).
As regarding claim 4, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention except for wherein the liquid amine compound is represented by the following formula (a) or (b): wherein: R1, R3, R4, and R8 are each independently a linear alkyl group, a branched alkyl group, a cyclic alkyl group, a heterocyclic aliphatic group containing oxygen or sulfur, a substituted or unsubstituted aliphatic group composed of three elements of carbon, nitrogen, and hydrogen atoms, or a substituted or unsubstituted aromatic group, R2, R5, and R7 are each independently a C1 to C7 linear alkylene chain or a C3 to C7 branched alkylene chain, and R6 is a linear alkyl group, a branched alkyl group, a substituted or unsubstituted aliphatic group composed of three elements of carbon, nitrogen and hydrogen atoms, a substituted or unsubstituted aromatic group, or hydrogen. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the liquid amine compound is represented by the following formula (a) or (b) in order to provide a high CO2 absorption capacity and a high absorption rate, and a high absorbent regeneration performance, thereby significantly reducing the entire energy consumption, since it was known in the art as shown in Hong ([0016]-[0026]).
As regarding claim 5, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention for wherein R1, R3, R4, and R8 are each independently a linear or branched C3 to C6 alkyl group, R2, R5, and R7 are each independently a C2 to C4 linear alkylene chain or a C3 to C4 branched alkylene chain, and R6 is a linear or branched C1 to C3 alkyl group, or hydrogen (Hong - [0016]-[0026]).
As regarding claim 6, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention for wherein R1 and R3 are identical, and R4 and R8 are identical (Hong - [0016]-[0026]).
Claim(s) 7 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fujimoto et al (US 20140127119; hereinafter Fujimoto), as applied supra, and further in view of Voice et al (US 20230127859; hereinafter Voice).
As regarding claim 7, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention except for wherein, in the second step, the acid gas that has been released is recovered. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein, in the second step, the acid gas that has been released is recovered in order to enhance acid gas removal process performance, since it was known in the art as shown in Voice (43; [0039]).
Claim(s) 8 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fujimoto et al (US 20140127119; hereinafter Fujimoto), as applied supra, and further in view of Saito et al (US 20210275959; hereinafter Saito).
As regarding claim 8, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention except for wherein the acid gas absorbent regenerated in the second step is reused in the first step. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the acid gas absorbent regenerated in the second step is reused in the first step in order to enhance acid gas removal process performance, since it was known in the art as shown in Saito ([0018]).
Claim(s) 9 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fujimoto et al (US 20140127119; hereinafter Fujimoto), as applied supra, and further in view of Cadours et al (US 7419646; hereinafter Cadours).
As regarding claim 9, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention except for a step of stirring and mixing an acid gas absorbent in advance before the first step. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a step of stirring and mixing an acid gas absorbent in advance before the first step in order to enhance acid gas removal process performance, since it was known in the art as shown in Cadours (ZA1).
Claim(s) 10 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fujimoto et al (US 20140127119; hereinafter Fujimoto), as applied supra, and further in view of McGarvey et al (US 20140093440; hereinafter McGarvey).
As regarding claim 10, Fujimoto as modified discloses all of limitations as set forth above. Fujimoto as modified discloses the claimed invention except for wherein the gas to be treated, from which the acid gas is removed in the first step, is released into an environment after at least a part thereof is removed by the liquid amine compound. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the gas to be treated, from which the acid gas is removed in the first step, is released into an environment after at least a part thereof is removed by the liquid amine compound in order to enhance acid gas removal process performance, since it was known in the art as shown in McGarvey ([0033]).
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773
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