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 . 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 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.
Priority
Priority Foreign priority to CN202311716623 is claimed, however, certified copies of papers required by 37 CFR 1.55, have not been received.
Claim Objections
Claim 7 is
objected.
Claims Must Particularly Point Out and Distinctly Claim the Invention (MPEP 2173), therefore, terms such as “if” makes claim optional and the limitation after that is not required or is just optional (see MPEP 2173.05(h)(II)). To overcome the objection Examiner recommends amending claim with terms such as “in response to” instead of “IF”.
Appropriate action is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Farsad, US20100229725A1.
Claim 1
Farsad teaches:
A capture method for flue gas from a chemical industrial park (industrial plant 200/300 in fig.33), comprising:
(S1) detecting (e.g., ¶[0485]: "Gas sampling for the flue gas to measure carbon dioxide concentration occurs above the demister and just before the entrance to the absorber, standard method of carbon dioxide measurement is through the continuous emission monitoring system ('CEMS') that uses two different analytic devices..."¶[0355]: reference to "required Continuous Emissions Monitoring Systems" installed per regulatory requirements.¶[0501]-[0502]: CEMS data and pH, gas flow rates, temperatures recorded "as a function of operating conditions) a flue gas sample in a flue (e.g., 170) to obtain basic parameters of the flue gas sample comprising composition and content (¶0485,0355,0501-0502);
(S2) pre-processing the flue gas sample ((¶[0330]: "the CO2-containing gaseous stream may be pretreated or preprocessed (e.g., treated with H2O2)... prior to contacting it with water”, also see¶[0129]-[0132] (H2O2/CH3OH oxidation pretreatment, and ¶[0263] (oxidation to convert CO→CO2, NO→NO2, SO2→SO3 before charging);
(S3) performing classified capture1 (¶0018: capturing CO2, NOX,SOX,VOCS, particulates:¶[0231]-[0263] ,charging reactor/contactor, FIGS. 11-31 (various contactor configurations, ¶[0333]-[0339] :arrays of apparatus in series/parallel ingredients of a pre-processed flue gas: e.g., ¶[0330: "the CO2-containing gaseous stream may be pretreated or preprocessed : e.g., treated with H2O2... prior to contacting it with water”) to obtain a residual tail gas (left over gas after capturing CO2: e.g., ¶0351¶0102, After stripping out the carbon dioxide, the remaining trail gases in the treated exhaust primarily consist of benign or unaltered compounds: nitrogen, water vapor and oxygen) and a plurality of semi-processed products (intermediate solids which are taken to multiple distinct end products e.g., ¶0302-0308,¶0322, treatment system comprising "dewatering, water treatment, chloride removal, drying, and lithification," explicitly configured to output either "supplementary cementitious material (SCM)" or "fine aggregate coarse aggregate" from the same intermediate (chloride-depleted precipitation material) /¶[0305]-[0308]: aggregates, hydraulic cement, and formed building materials (bricks, boards, conduits, beams, etc.) all described as downstream products of the same precipitate/¶[0345]-[0347]: "refining station" (180) and a separate "station for preparing a building material");
(S4) processing the residual tail gas (treating the left-over gas after CO2 is captured to scrub out remaining pollutants like sulfur oxides and nitrogen oxides before releasing it. all toxic or harmful gases are cleaned before leaving the system/ The left-over air, called the tail gas, still holds harmful pollutants. The system passes this tail gas through a secondary wash. This wash neutralizes and strips out sulfur, nitrogen, and other bad chemicals before the gas goes into the open air,e.g.,fig.33 ¶0362¶0351,0356,0102); and
(S5) processing the plurality of semi-processed products to obtain a plurality of processed products (This chain is essentially a multi-stage "second processing unit" taking an intermediate solid (semi-processed) to multiple distinct end products, The solution mixes with metal ions to form solid compounds, like calcium carbonate, These solid residuals go through physical or chemical processing to create usable products, Solid residuals are processed to make concrete, bricks, or cement, processed residuals yield calcium carbonate. This powder is used in paper, plastics, and paint /also: FIG. 6B, ¶[0322]: treatment system comprising "dewatering, water treatment, chloride removal, drying, and lithification," explicitly configured to output either "supplementary cementitious material (SCM)" or "fine aggregate coarse aggregate" from the same intermediate (chloride-depleted precipitation material) /¶[0305]-[0308]: aggregates, hydraulic cement, and formed building materials (bricks, boards, conduits, beams, etc.) all described as downstream products of the same precipitate/¶[0345]-[0347]: "refining station" (180) and a separate "station for preparing a building material”).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Farsad, US20100229725A1, in view of Bolser, US 3903745 A.
Claim 2
Farsad teaches the capture method of claim 1, wherein the step of detecting a flue gas sample to obtain basic parameters of the flue gas sample comprises:
(S101) detecting and obtaining a flow rate and a pressure of the flue gas sample (e.g., real-time measurements of gas pressure and flow rate to determine the mass of CO2 and calculate the necessary amount of chemical reagents for treatment e.g., ¶0479,0491).
Farsad does not specifically teach:
(S102) according to the flow rate and pressure of the flue gas sample, arranging a sampling hole and a detecting module on the flue; and
(S103) obtaining the composition and the content of ingredients of the flue gas sample through calculation.
However, this is a very common in CEMS and stack testing. For example:
In the similar field of endeavor, Bolser teaches according to the flow rate and pressure of the flue gas sample (e.g., col.1 lines 52-55: to calculate the exact velocity and volumetric flow of the escaping exhaust, which transforms abstract chemical concentrations into actual, quantifiable mass emission rate), arranging a sampling hole (connected to 206) and a detecting module(10) on the flue (218); and
obtaining the composition and the content of ingredients of the flue gas sample through calculation (to calculate the exact velocity and volumetric flow of the escaping exhaust, which transforms abstract chemical concentrations into actual, quantifiable mass emission rate).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Bolser‘s gas sampler for Farsad‘s detecting a flue gas sample comprising: (S102) according to the modified Farsad‘s flow rate and pressure of the modified Farsad‘s flue gas sample, arranging a sampling hole and a detecting module on the modified Farsad‘s flue; and (S103) obtaining the composition and the content of ingredients of the modified Farsad‘s flue gas sample through calculation. One of ordinary skill in the art knows measuring pressure differential and flue-gas velocity allows determination of volumetric flow and supports obtaining a representative flue-gas sample have been motivated to make this modification in order to improve the quality and representativeness of the sampled gas entering the analyzer while preserving the CEMS's existing emissions calculations.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Farsad, US20100229725A1, in view of Woods, US 3792671 A.
Claim 3
Farsad teaches the capture method of claim 1, wherein the step of pre-processing the flue gas sample comprises:
(S201) preparing for oxidation of the flue gas sample (e.g., ¶0263);
(S202) performing the oxidation on the flue gas sample to obtain a oxidized flue gas; and
(S203) filtering the oxidated flue gas to obtain the pre-processed flue gas (a liquid solution following an oxidation process that converts pollutants into more reactive forms, method utilizes a liquid absorption reactor to capture pollutants—such as CO2 and sulfur—from the oxidized gas, producing solid materials for removal).
But Farsad does not specifically teach secondary combustion for oxidation of the flue gas sample (S202) performing the secondary combustion on the flue gas sample to obtain a completely-burned flue gas; and (S203) filtering the completely-burned flue gas.
In the similar field of endeavor, Woods teaches secondary combustion (secondary afterburner 36 and 25 is fist combustion) for oxidation of the flue gas sample (for the effluent products of combustion.), performing the secondary combustion on the flue gas sample to obtain a completely-burned flue gas (thermally oxidize an remaining combustible); and filtering the completely-burned flue gas (fly ash are allowed to settled before the afterburner, exhaust contains ). Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Wood‘s secondary for oxidation of the flue gas sample Farsad‘s method oxidation of the flue gas sample (S202) performing the secondary combustion on the flue gas sample to obtain a completely-burned flue gas; and (S203) filtering the completely-burned flue gas. One of ordinary skill in the art knows completely oxidizing remaining combustibles and reducing particles before capture unit would reduce contaminants and would have been motivated to make this modification in order to have a cleaner feed gas and improving reliability of capture equipment.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Farsad, US20100229725A1 in view of Lijima, US 20120328501 A1.
Claim 7
Farsad teaches the capture method of claim 1, although Farsad teaches detecting the residual tail gas and discharging the residual tail gas but does not explicitly teach wherein the step of processing the residual tail gas comprises: setting a discharge condition; (S402) determining whether the residual tail gas meets the discharge condition according to a detection result; if yes, discharging the residual tail gas; otherwise, further processing the residual tail gas, and repeating steps (401)-(402) until the residual tail gas meets the discharge condition (not required by the claim because of conditional alternative language), however, Examiner notes that this is a common practice in Industrial systems to detect residual tail gases within exhaust or exit pipes immediately before the gases are released into the atmosphere or captured, allowing for verification of the cleaning process. for example: In the similar field of endeavor, Lijima in fig.1 teaches: detecting the residual tail gas (19), and setting a discharge condition (¶0053); determining whether the residual tail gas meets the discharge condition according to a detection result; if yes, discharging the residual tail gas (¶0053-¶0054); otherwise, further processing the residual tail gas, and repeating steps until the residual tail gas meets the discharge condition, and discharging the residual tail gas (¶0053-¶0054). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Lijima‘s the step of processing the residual tail gas for Farsad‘s capture method comprises (S401) detecting the modified Farsad‘s residual tail gas, and setting a discharge condition;(S402) determining whether the modified Farsad‘s residual tail gas meets the discharge condition according to a detection result; if yes, discharging the modified Farsad‘s residual tail gas; otherwise, further processing the modified Farsad‘s residual tail gas, and repeating steps (401)-(402) until the residual tail gas meets the discharge condition, and discharging the modified Farsad‘s residual tail gas. One of ordinary skill in the art would have been motivated to make this modification in order to ensure that captured or released gas meets specific environmental standards.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Farsad, US20100229725A1, in view of White, US20110271713A1.
Claim 8
Farsad teaches the capture method of claim 1, wherein the step of processing the plurality of semi-processed products to obtain a plurality of processed products (teaches treating industrial gas with a liquid to produce a solid carbonate that can be processed into materials like cement without further purification.) but does not specifically teach comprises: (S501) purifying the plurality of semi-processed products; and (S502) compressing a plurality of purified products for tank filling. In the similar field of endeavor, White teaches purifying the plurality of semi-processed products (purifying the partially processed CO2: flue gas from oxy-fuel combustion process is pre-processed in wash column to remove the contaminants, partially processed CO2); and compressing a plurality of purified products for tank filling (then flue gas is final compressed, using multi-staged compressor for transport and storage). Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use White‘s pre-processing and purification for Farsad‘s semi-processed products and S501) purifying the plurality of semi-processed products; and (S502) compressing a plurality of purified products for tank filling. One of ordinary skill in the art knows these pre-processing and purifying steps would have been motivated to make this modification in order to improve CO2 product purity and prepare the product for storage .
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Farsad, US20100229725A1, in view of Lee, US 20130098246 A1.
Claim 9
Farsad teaches:
A capture station (FIGS. 6A/6B/7 (system 100 co-located with industrial plant 200/300 in fig.33); ¶[0332] (portable/modular apparatus and systems); ¶[0325]–[0329] (co-location, distances, integrated plant) for flue gas from a chemical industrial park (200,300), comprising:
a detection module (¶[0485]: "Gas sampling for the flue gas to measure carbon dioxide concentration occurs above the demister and just before the entrance to the absorber. The standard method of carbon dioxide measurement is through the continuous emission monitoring system ('CEMS') that uses two different analytic devices..."¶[0355]: reference to "required Continuous Emissions Monitoring Systems" installed per regulatory requirements.¶[0501]-[0502]: CEMS data and pH, gas flow rates, temperatures recorded "as a function of operating conditions);
a pre-processing unit(¶[0330]: "the CO2-containing gaseous stream may be pretreated or preprocessed (e.g., treated with H2O2)... prior to contacting it with water”, also see¶[0129]-[0132] (H2O2/CH3OH oxidation pretreatment, and ¶[0263] (oxidation to convert CO→CO2, NO→NO2, SO2→SO3 before charging);
a capture module group (broadly supported by¶[0231]-[0263] (charging reactor/contactor), FIGS. 11-31 (various contactor configurations), ¶[0333]-[0339] (arrays of apparatus in series/parallel) ;
a classified distribution unit (FIG. 15, ¶[0268]: "gas distribution section", also see :” Gas enters the apparatus at the lower-most section, the gas distribution section, above the collected solution. The gas flows up through the apparatus... The number of contacting sections will be determined based upon the type of final product desired, the absorbing solution or contacting mixture used, the sprays..., and optionally, shed rows used2”/also : FIG. 23A/23B, ¶[0274], FIGS. 30–31, ¶[0339],¶0333,0378,0352,0079,0334);
a control terminal (¶[0491], ¶[0503]-[0505]: VFDs on pumps/fan, adjustable operating parameters (liquid injection points, spray patterns, L/G ratios), "adjust working parameters in the whole capture process, besides (¶[0281]-[0282] and FIG. 25 controller (1660) "controls a variable flow control valve," logs data, and adjusts dilution/feed);
a capture monitoring module (FIG. 25, ¶[0281] inline monitor , monitoring the capture/precipitation apparatus);
a server (Controller 1660 for data processing and calculation, see: (¶[0281]) also ¶[0501]-[0503]: CEMS analytic devices, VFD power logging, chain-of-custody data handling for samples);
a first processing unit( processing of residual/tail gas after primary capture:¶[0351]: "the flue gas from the industrial plant can be re-circulated through the precipitation plant until total adsorption of the remnant CO2 approaches 100%, or a point of diminishing returns is achieved such that the remaining flue gas can be processed using alternative protocols and/or released into the atmosphere." / a distinct unit handling depleted/tail gas:¶[0102]: recirculation of "gas reduced in CO2 from the outlet for effluent gas to the inlet for industrial gas" /¶[0356]: partially-treated flue gas may need "air pollution control devices to meet regulatory requirements" downstream of the absorber /FIG. 33, ¶[0362]: "Treated flue gas 370 exits spray dryer 360... is then discharged to the atmosphere in stack 380," described as having fly ash/sulfur/CO2 "substantially reduced” );
and
a second processing unit (FIG. 6A steps 40→50→60→80→90: separation (¶[0283]) → optional washing (¶[0294]) → drying (¶[0293]) → refining (¶[0304]) → final cement/aggregate/concrete/mortar (¶[0302]-[0308]). This chain is essentially a multi-stage "second processing unit" taking an intermediate solid (semi-processed) to multiple distinct end products/also: FIG. 6B, ¶[0322]: treatment system comprising "dewatering, water treatment, chloride removal, drying, and lithification," explicitly configured to output either "supplementary cementitious material (SCM)" or "fine aggregate coarse aggregate" from the same intermediate (chloride-depleted precipitation material) /¶[0305]-[0308]: aggregates, hydraulic cement, and formed building materials (bricks, boards, conduits, beams, etc.) all described as downstream products of the same precipitate/¶[0345]-[0347]: "refining station" (180) and a separate "station for preparing a building material");
wherein the detection module is configured to detect a flue gas (as cited e.g., ¶0485,0355,0501-0502); the pre-processing unit is configured to pre-process the flue gas (e.g., ¶0330,0129-0132,0263); the control terminal is configured to control and adjust working parameters in a whole capture process (¶0281-0282,Fig.25,0491,0503-0505); the capture monitoring module is configured to monitor the capture module group (¶0281); the server is configured for data processing and calculation (¶0501-0503,CEMS,¶0281); the first processing unit (¶0351,0356,0362) is configured to process a residual tail gas (e.g., FIG. 33, ¶[0362]: "Treated flue gas 370 exits spray dryer 360... is then discharged to the atmosphere in stack 380," described as having fly ash/sulfur/CO2 "substantially reduced" : this is literally a tail-gas handling step after the main capture reaction); and the second processing unit is configured to process a plurality of semi-processed products (e.g., ¶[0322]/FIG. 6B, since it names a single treatment train that yields multiple parallel outputs) to obtain a plurality of processed products (¶0283,0304,0302-0308,0322,0305-0308,0345-0347).
Farsad does not specifically teach: the capture module group is configured for classified capture of the flue gas; the classified distribution unit is configured for classified distribution of the flue gas (although Farsad itself recognizes this need: ¶[0079] states it is "desirable to remove the carbon dioxide and at least one of SOx, NOx, heavy metals... while using as little of the energy" as possible, and ¶[0352] discloses the system "may be used in conjunction with existing emissions control system[s]... SOx control technology; NOx control technology" already in place at the plant — i.e., Farsad contemplates its capture module group cooperating with dedicated, separate pollutant-specific removal technology, but does not itself detail how such pollutant-specific removal/distribution should be structured before or alongside the main absorber).
In the similar field of endeavor, Lee supplies exactly that missing structural detail: ¶[0009]-[0013] describe the same motivating problem — that residual SOx/NOx passing into a CO2 capture step degrades the amine/alkali absorbent and reduces "operation efficiency and economic effectiveness" — and discloses a specific apparatus (sequential negative-pressure membrane separation, ¶[0043], ¶[0053]) solving it by classifying and distributing the gas stream to pollutant-specific separation chambers before the CO2 capture equipment (¶[0021]-[0026]).
Lee teaches:
the capture module group (Classified capture, i.e.: separation membrane modules selectively remove NOx or SO2 "through selective absorption of harmful components... through separation membrane modules" based on differential permeability (Table 1 data: SO2/CO permeability vs. NO2/CO permeability differ by membrane type/thickness) cited in e.g., ¶0042,0049-0052) is configured for classified capture of the flue gas (which support for a capture module group configured for classified (pollutant-specific) capture, with actual permeability data distinguishing the classification mechanism); the classified distribution unit (3502 with pressure chambers 3508 and 3510 in fig.3, see ¶0043-0047,0053) is configured for classified distribution of the flue gas (see e.g., claim2: “a first separation membrane module and a second separation module... have mutually different permeability, so that sulfur oxides and nitrogen oxides are separated sequentially from the exhaust gas passing through the housing").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the pollutant-classification and distribution structure of Lee (negative-pressure chambers and differential-permeability separation membrane modules sequentially separating SOx and NOx from a flue gas stream, as cited in ¶[0043], ¶[0053] of Lee) into the flue-gas capture station of Farsad, because Farsad already recognizes the benefit of coordinating its CO2 capture module group with dedicated SOx and NOx control technology (see Farsad ¶[0352]) to protect capture efficiency, and Lee discloses a specific, art-recognized apparatus for achieving exactly that kind of pollutant-specific classification and distribution upstream of a CO2 capture equipment stage (¶[0021]-[0026]) for the same purpose , therefore improving capture-stage performance by reducing co-contaminant interference (¶[0010], ¶[0032]). One of ordinary skill in the art would have been motivated to make this modification in order to use of a known technique to improve a similar capture device in the same way and yielding the predictable result of a gas stream apportioned by pollutant classification before reaching the primary CO2 capture stage. See MPEP 2143 (C).
Allowable subject matter
Claims 4-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4: The prior art, alone or in combination, fails to anticipate or render obvious a capture method for flue gas from a chemical industrial park, wherein the step of performing classified capture on ingredients of a pre-processed flue gas to obtain a residual tail gas and a plurality of semi-processed products comprises: (S304) based on the test capture data, constructing a classified capture model, and training the classified capture model to obtain a trained classified capture model; (S305) analyzing the pre-processed flue gas to obtain relevant data of the pre-processed flue gas; (S306) substituting the relevant data of the pre-processed flue gas into the trained classified capture model for calculation to obtain a classified distribution result; and (S307) based on the classified distribution result, distributing the pre-processed flue gas into the plurality of capture modules according to the ingredient category for classified capture, in conjunction with the remaining claim limitations.
Claims 5-6 depends on claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN-113919574-A: teaches based on the test capture data constructing models and training the models however, does not teach based on the test capture data, constructing a classified capture model, and training the classified capture model to obtain a trained classified capture model; analyzing the pre-processed flue gas to obtain relevant data of the pre-processed flue gas; substituting the relevant data of the pre-processed flue gas into the trained classified capture model for calculation to obtain a classified distribution result; and based on the classified distribution result, distributing the pre-processed flue gas into the plurality of capture modules according to the ingredient category for classified capture.
CN-114169235-A: teaches making trained models But does not teach based on the test capture data, constructing a classified capture model, and training the classified capture model to obtain a trained classified capture model; analyzing the pre-processed flue gas to obtain relevant data of the pre-processed flue gas; substituting the relevant data of the pre-processed flue gas into the trained classified capture model for calculation to obtain a classified distribution result; and based on the classified distribution result, distributing the pre-processed flue gas into the plurality of capture modules according to the ingredient category for classified capture.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 Claim does NOT have any limiting language for performing classified capture and Farsad capturing gas classified to different components of gas pollutions broadly reads on “performing classified capture”
2 The cited parts ties gas distribution directly to routing toward differently-configured downstream sections — a reasonable read of "classified" distribution (routed according to what's being captured downstream.
Prosecution Insights