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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “means for compressing the liquid CO₂ that are positioned between the source and the user station” as recited in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“means for compressing” in claim 1 is understood to be any art recognized compression device like compressor, pump, etc.;
“a refrigeration unit” in claim 3;
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-3 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 the limitation "the range of 50-60 bar" lacks proper antecedent basis.
Claim 1 recites the limitation "the liquid CO2" in line 2 lacks proper antecedent basis.
Claim 1 recites the limitation "the source" in line 3 lacks proper antecedent basis.
Claim 1 recites the limitation "a source" in line 5 render the claim indefinite because it is unclear how it relates with previously cited limitation “the source” in line 3.
Claim 1 recites the limitation "the fluid of CO2" in line 5 lacks proper antecedent basis.
Claim 3 recites the limitation "two coils" in line 5 renders the claim indefinite because it is unclear how it relates with the previously cited limitation “coil” in line 4 of claim 3. It is unclear if the coils are related or entirely different strictures. For examination purposes, examiner read the coil to be the two coils.
Claim 3 recites the limitation "this coil" in line 7 renders the claim indefinite because it is unclear how it relates with the previously cited limitation “first coil” in line 6 of claim 3. For examination purposes, examiner read the limitation as –the first coil--.
Claim 3 recites the limitation "two-phase gas-liquid high-pressure fluid CO2" in line 10-11 renders the claim indefinite because it is unclear how it relates with the previously cited limitation “fluid of CO2” in claim 1.
Claim 3 recites the limitation "the cold power” in line 11 lacks proper antecedent basis.
Claim 3 recites the limitation "the surrounding cold water” in line 11 lacks proper antecedent basis.
Claim 3 recites the limitation "the surrounding cold medium” in line 12 lacks proper antecedent basis.
Claim 3 recites the limitation "this second coil" in line 12-13 renders the claim indefinite because it is unclear how it relates with the previously cited limitation “second coil” in line 10 of claim. For examination purposes, examiner read the limitation as –the second coil--.
Claim 3 recites the limitation "this fluid" in line 13 and 14 renders the claim indefinite because it is unclear which fluid it referring to.
Claim 3 recites the limitation "the gas phase” in line 13 lacks proper antecedent basis.
Claim 2 is also rejected under 35 U.S.C. 112(b) for being dependent upon a rejected claim.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kora et al. (US 20220229024 A1).
In regard to claim 1, Kora teaches an installation for supplying a user station (e.g., separation column 140) with pure or substantially pure liquid CO2 at high pressure in the range of 50-60 bar (supercritical CO2), the installation comprising:
means for compressing (pump 20) the liquid CO₂ (2a) that are positioned between the source (201) and the user station (e.g., separation column 140) (see fig. 1. 2; ¶ 0012, 0014),
a liquefier (cooler 10) for the fluid of CO₂ (2) flowing between a source (201, see ¶ 0012) and the compression means (20) is positioned at an inlet of the compression means (20) (see fig. 2; ¶ 0036, 0036).
In regard to claim 3, the installation according to claim 1, wherein the liquefier (10) is implemented using the following means: a refrigeration unit (a heat exchanger 11) configured to produce cold at a temperature within a range of 5°C to 15°C, via a coil (see the refrigerant coil in the annotated figure below) (¶ 0018, 0020, 0021; fig. 2),
a tank (11a) containing water or another medium (metallic material 11b), and two coils (see the annotated figure 2 below):
a first coil (see the annotated figure below) in which a refrigerant liquid (the fluorocarbon refrigerant in flow path 1) flows from the refrigeration unit to cool the water or the medium (11b) in which this coil (the coil of the refrigerant 1) is immersed (see the annotated fig. 2), said medium (11b) thus being usable as an intermediary to convey cooling power to the fluid CO2 (2) to be cooled or liquefied coming from said CO2 source (201) (see ¶ 0020; see also the annotated figure 2),
a second coil (see the annotated figure below) able to receive a flow of two-phase gas-liquid high-pressure fluid CO2 (2), the cold power transferred by the surrounding cold water or the surrounding cold medium (11b) being transferred to the fluid CO2 (2) flowing in this second coil and enabling this fluid (2) to be cooled and to liquefy the gas phase thereof, before conveying this fluid (2/2a) thus cooled towards said user station (e.g., separation column 140) (see ¶ 0018, 0020; see also the annotated figure below).
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Claim Rejections - 35 USC § 103
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.
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) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kora et al. (US 20220229024 A1).
In regard to claim 2, Kora teaches the installation according to Claim 1, wherein the liquefier (cooler 10) implements a heat exchange between a cold fluid (1) and the fluid of CO2 (2) (see fig. 2). Kora teaches the cold fluid circulates a refrigerant such as fluorocarbon 407C (R-407C) through the flow path 1 (see ¶ 0019), but does not explicitly teach the cold fluid comprising: glycolated water, or cold water coming from a network of iced water.
However, it is well known and a matter of common general knowledge in the refrigeration and process engineering arts that cold water and glycol-water mixtures are commonly used as refrigerant or secondary refrigerant fluids in closed-loop cooling systems employing heat exchange coils and vessels. Accordingly, Official Notice is taken that cold water or glycolated water are known, interchangeable heat transfer fluids used to remove heat from process streams in industrial liquefaction and refrigeration systems.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the cold fluid of Kora by substituting the fluorocarbon refrigerant with cold water or glycolated water, as matter of design choice and obvious engineering expedient, for the purpose of reducing cost, simplify system design, improve safety, and avoid regulatory or environmental concerns associated with fluorocarbon refrigerants.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEBESHET MENGESHA whose telephone number is (571)270-1793. The examiner can normally be reached Mon-Thurs 7-4, alternate Fridays, EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/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.
/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763