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 .
Claims 1-36 are presently pending in this application.
Claim Objections
Claims 5-36 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, these claims have not been further treated on the merits.
For example, claim 5 recites “method of any one of claims 1 to 4”; claim 4 recites “method of any one of claims 1 to 3”, and is therefore a multiple dependent claim.
Claims 1-4 are presently under consideration by the Examiner.
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.
Claim 4 is 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 4 is indefinite for reciting the phrase “such as”, which renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Improving the stability of synthetic CaO-based CO2 sorbents by structural promoters,” by Andy Antzara et al. (hereinafter “Antzara et al.”, Applicants’ submitted art).
Regarding claims 1-4, Antzara et al. teach the preparation of CaO-based materials as sorbents for CO2 capture, wherein calcium nitrate (Ca(NO3)2·4H2O; “water-soluble calcium salt”, “calcium nitrate”), citric acid (“fuel”), and ethylene glycol as combustion agent (“solvent”) are employed. In said preparation, calcium nitrate is dissolved in distilled water, followed by adding the combustion agent and increasing the temperature under continuous stirring until the occurrence of gelation. The formed gel is transferred to a pre-heated furnace, where the gel auto-combusts, leading to the formation of a powder. The powder is then calcined to remove residual organic materials and form the sorbent. Antzara et al. further teach the formation of mixed CaO-based sorbents stabilized with Al, Zr, La, and Mg (“at least one metal”), wherein calcium nitrate and the corresponding salts of Al, Zr, La, and Mg are employed. See Section 2.2 of Antzara et al.
In view of these teachings, Antzara et al. anticipate claims 1-4.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (KR 101402125).
Regarding claims 1-4, Liu et al. teach the preparation of a carbon dioxide adsorbent, wherein calcium nitrate (Ca(NO3)2·4H2O; “water-soluble calcium salt”) and aluminum nitrate (Al(NO3)3·9H2O; “at least one metal”) are dissolved in distilled water (“solvent”), followed by dissolving therein urea (“fuel”) to form a mixed solution ("combining calcium, at least one metal, and a fuel in a solvent to form a solution"). The mixed solution is heated to 170°C to carry out a reaction for 5 hours while maintaining the reaction temperature at 170°C (“heating the solution formed…”). After cooling the reaction vessel to room temperature, the precipitated solid was filtered and washed with distilled water. A moisture-containing solid was heated at 100 °C for 3 hours (“heating the combustion mixture…”), and then calcined at 700 °C for 3 hours to obtain the absorbent (“calcinating…to form the CO2 sorbent”). See Examples 1 and 2 of Liu et al.
Because Liu et al. teach a method reading upon that instantly claimed, the limitations of Applicants’ claims regarding (a) the evaporation of the solvent and formation of a combustion mixture in step (b) of claim 1, and (b) the formation of a combusted material, as recited in steps (c) and (d) of claim 1 are considered inherently taught by Liu et al.
In view of these teachings, Liu et al. anticipate claims 1-4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICIA L HAILEY whose telephone number is (571)272-1369. The examiner can normally be reached Monday-Friday, 7 a.m. to 3:30 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ching-Yiu (Coris) Fung, can be reached at 571-270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Patricia L. Hailey/Primary Examiner, Art Unit 1732 June 22, 2026
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