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 with traverse of Group I, claims 33-37, in the reply filed on 01/19/26 is acknowledged. The traversal is on the ground(s) that Xu fails to disclose or teach a solid amino acid salt sorbent. This is not found persuasive.
Applicant argues that Ozkan (Table 3) fails to disclose or teach a solid amino acid salt sorbent. Specifically, Applicant contends that the sorbent identified in Table 3, attributed to Xu, is described as “liquid amino acid salt hydrogel particles,” and therefore does not constitute a solid sorbent. Applicant further asserts that Xu prepares liquid amino acid salt hydrogel particles (LAHPs) by encapsulating amino acid salt solutions within a polymer matrix, resulting in a sorbent having a liquid active phase.
The Examiner respectfully disagrees.
As presented in Table 3 of Ozkan, which is titled “Solid amine sorbents used for carbon capture, materials used, and CO₂ capacity values,” the Xu system is expressly categorized within a class of solid sorbents. The terminology “hydrogel particles” denotes a material comprising a crosslinked polymer network that forms a structurally stable, solid framework. Although the hydrogel contains a liquid amino acid salt solution within its internal pores, the overall material exists as discrete particles having a defined shape and mechanical integrity characteristic of solids.
In particular, “liquid amino acid salt hydrogel particles” are properly understood as solid composite materials in which a liquid amino acid salt phase is immobilized or entrapped within a solid polymer matrix. The presence of an internal liquid phase does not negate the solid-state nature of the sorbent as a whole. Rather, such materials are commonly recognized in the art as solid sorbents (e.g., supported or encapsulated liquid-phase sorbents) because they are handled, processed, and deployed in solid form, such as in packed beds or fixed columns for gas treatment.
Furthermore, Xu’s disclosure indicates that the amino acid salts are functionally integrated within the solid hydrogel particles and are responsible for CO₂ capture, with reported capacities comparable to aqueous systems. Thus, the amino acid salt component is not merely incidental but constitutes the active sorbent phase within a structurally solid material.
Additionally, the overall disclosure of Ozkan (see, e.g., page 148) broadly describes CO₂ capture using solid amine-based sorbents, including systems incorporating amino acid salts. When considered in its entirety, Ozkan teaches or at least suggests solid amino acid salt sorbents, including composite materials in which amino acid salts are incorporated into a solid matrix.
Accordingly, Applicant’s argument that Ozkan fails to disclose or teach a solid amino acid salt sorbent is not persuasive.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 33-34 and 36-37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozkan et al, "Progress in carbon dioxide capture materials for deep decarbonization", Chem 8, 13 Jan 2022, pp 141-173 (hereinafter Ozkan).
As regarding claim 33, Ozkan discloses the claimed invention for a solid amino acid salt sorbent (solid amines, just like their aqueous liquid…, are chemisorbent for CO2.) for removing CO2 from a CO2 containing gas, the sorbent comprising an amino acid constituent and an alkali metal constituent (pg 148, table 3, potassium lysinate is the potassium salt of the amino acid L-lysine; and the alkali metal constituent is potassium).
As regarding claim 34, Ozkan discloses all of limitations as set forth above. Ozkan discloses the claimed invention for a support component (hydrogel particles, solid amines, silica, etc.) arranged in a structural relationship with the amino acid constituent and alkali metal constituent.
As regarding claim 36, Ozkan discloses all of limitations as set forth above. Ozkan discloses the claimed invention for wherein the alkali metal constituent comprises an alkali metal group element (K - potassium) or alkaline earth metal group element from the periodic table.
As regarding claim 37, Ozkan discloses all of limitations as set forth above. Ozkan discloses the claimed invention for wherein the solid amino acid salt sorbent comprises one or more of potassium taurine salt, sodium proline salt, sodium taurine salt, sodium lysine salt, potassium lysine salt, lithium lysine salt, potassium glycine salt, sodium glycine salt, lithium glycine salt, histidine sodium salt, taurine sodium salt, aspartic acid sodium salt, asparagine sodium salt, alanine sodium salt, or leucine sodium salt (table 3).
Claim(s) 33-34 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2022192408 (hereinafter WO ‘408).
The abstract, paragraphs [0052], [0058], [0060]-[0064], and [0130] of WO ‘408 describe the same solid amino acid salt sorbent as recited in claims 33-34 and 36.
Claim(s) 33 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al (US 20150053611; hereinafter Wang).
The abstract, [0038], [0116], [0118], example 2, fig. 20 of Wang disclose the same solid amino acid salt sorbent as recited in claim 33.
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) 35 is rejected under 35 U.S.C. 103 as being unpatentable over Ozkan et al, "Progress in carbon dioxide capture materials for deep decarbonization", Chem 8, 13 Jan 2022, pp 141-173 (hereinafter Ozkan) as applied to supra, and further in view of Fradette et al (US 20120129236; hereinafter Fradette).
As regarding claim 35, Ozkan discloses all of limitations as set forth above. Ozkan discloses the claimed invention except for wherein the amino acid constituent comprises one or more of an amino carboxylic acid or an amino sulfonic acid. 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 amino acid constituent comprises one or more of an amino carboxylic acid or an amino sulfonic acid in order to provide stronger, more stable, and highly ionic salt structures with improved water affinity and durability, which can enhance CO2 capture performance – especially in solid or supported sorbent systems, since it was known in the art as shown in Fradette ([0054]). Both Ozkan and Fradette are directed to CO2 capturing using amino acids.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773