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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-39 are rejected on the ground of nonstatutory double patenting as being anticipated by claims 38-76 of U.S. Patent No. 12,109,534.
Claim 38 of US Pat. No. 12,109,534 contain substantially all the limitations as recited in claim 1 of instant invention, thereby anticipating the subject matter of the claimed invention.
Claim 44 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 2 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 45 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 3 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 46 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 4 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 47 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 5 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 48 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 6 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 49 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 7 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 50 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 8 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 51 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 9 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 52 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 10 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 53 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 11 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 54 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 12 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 55 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 13 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 56 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 14 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 57 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 15 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 58 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 16 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 59 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 17 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 60 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 18 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 61 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 19 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 39 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 20 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 40 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 21 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 41 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 22 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 42 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 23 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 43 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 24 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 62 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 25 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 63 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 26 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 64 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 27 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 65 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 28 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 66 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 29 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 67 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 30 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 68 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 31 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 69 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 32 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 70 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 33 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 71 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 34 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 72 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 35 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 73 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 36 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 74 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 37 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 75 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 38 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 76 of US Pat. No. 12,109,534 contains substantially all the limitations as recited in claim 39 of instant invention, thereby reading on the subject matter of the claimed invention.
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)(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.
Claims 1-3, 6 and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Eisenberger et al. (US Pat. Pub. No. 2023/0211278, with a PCT filing date of June 9, 2021, hereinafter ‘278).
In regards to Claim 1, ‘278 discloses a system for removing carbon dioxide from ambient air, the system comprising:
a plurality of adsorber panels (#1 monolith loop), wherein each panel of the plurality of adsorber panels comprises a face and a substrate (monoliths) configured to capture CO2 from an atmosphere, and wherein each panel of the plurality of adsorber panels are configured to move independently (see figures 1-8 and paragraphs [0029] and [0040]),
at least one adsorber structure comprising at least one fan (track comprising at least one fan #14, #16) configured to circulate air through a portion of panels of the plurality of adsorber panels (#1) (see figures 1-2 and paragraphs [0040]-[0041]); and
at least one regeneration unit (#17) comprising at least one oxygen purging section (#7), at least one CO2 desorption section (#8), and at least one drying/cooling section (#9) (see figures 1-2 and paragraphs [0030]-[0033], [0037], [0041]; ‘278 discloses the core sequence of a regeneration process cycle includes (1) reduction in O2 concentration surrounding the monolith in the first zone of the regeneration box, i.e. oxygen purging section; (2) direct contact condensation of steam to heat the monolith and desorb CO2 in a central zone of the regeneration box, i.e. CO2 desorption section; and (3) cooling of the monolith by evaporation of condensed water on its surface in the final zone of the regeneration box, i.e. at least one drying/cooling section.).
In regards to Claim 2, ‘278 discloses wherein the plurality of adsorber panels (#1) are configured to move continuously through at least a portion of the at least one adsorber structure and through at least a portion of the at least one regeneration unit (#15, #17) (see paragraphs [0029], [0034], [0036] and [0041]; ‘278 discloses that the loop of monoliths move substantially at a constant rate past sources of air and through process zones for regenerating the sorbent. These process zones replace process cycle steps utilized in the batch process. The continuous process according to the present invention maintains a basic movement concept, but by operating the process continuously, eliminates the need for starting and stopping of the system. The monolith moves in the direction (2) of around a track where air is drawn through it via a fan or set of fans (#14). Air enters the monolith (#1), CO2 is adsorbed onto the monolith channel surfaces, and CO2-lean air (#4) exits the monolith and is discharged from the fan or set of fans (#14). The monolith enters the regeneration apparatus (#15) and is regenerated, producing concentrated CO2, through a set of zones (#7) through (#9).).
In regards to Claim 3, ‘278 discloses wherein the plurality of adsorber panels (#1) are configured to move continuously through all portions of the at least one adsorber structure and through all portions of the at least one regeneration unit (#15, #17) (see paragraphs [0029], [0034], [0036] and [0041]; ‘278 discloses that the loop of monoliths move substantially at a constant rate past sources of air and through process zones for regenerating the sorbent. These process zones replace process cycle steps utilized in the batch process. The continuous process according to the present invention maintains a basic movement concept, but by operating the process continuously, eliminates the need for starting and stopping of the system. The monolith moves in the direction (2) of around a track where air is drawn through it via a fan or set of fans (#14). Air enters the monolith (#1), CO2 is adsorbed onto the monolith channel surfaces, and CO2-lean air (#4) exits the monolith and is discharged from the fan or set of fans (#14). The monolith enters the regeneration apparatus (#15) and is regenerated, producing concentrated CO2, through a set of zones (#7) through (#9).
In regards to Claim 6, ‘278 discloses wherein the plurality of adsorber panels (#1) is configured to move through a plurality of sections (#7-#9) of the at least one regeneration unit (#15), and wherein one or more sections of the at least one regeneration unit (#15) are configured to provide a counter-current flow of one or more gases with respect to a direction of travel of the plurality of adsorber panels within the section (see figure 2 and paragraph [0041]; ‘278 discloses that in first zone (#7) a gas purge (#10) flows counter-currently through the monolith (#1) and removes O2 from the monolith channels. In the second zone (#8), steam is injected in counter-current flow, condenses on the monolith and CO2 is produced).
In regards to Claim 16, ‘278 discloses wherein the plurality of adsorber panels (#1) are configured to move periodically through at least a portion of the at least one adsorber structure and/or through at least a portion of the at least one regeneration unit (#15) (see figure 2 and paragraphs [0029], [0034], [0036] and [0041]; ‘278 discloses that the loop of monoliths move substantially at a constant rate past sources of air and through process zones for regenerating the sorbent. These process zones replace process cycle steps utilized in the batch process. The continuous process according to the present invention maintains a basic movement concept, but by operating the process continuously, eliminates the need for starting and stopping of the system. The monolith moves in the direction (2) of around a track where air is drawn through it via a fan or set of fans (#14). Air enters the monolith (#1), CO2 is adsorbed onto the monolith channel surfaces, and CO2-lean air (#4) exits the monolith and is discharged from the fan or set of fans (#14). The monolith enters the regeneration apparatus (#15) and is regenerated, producing concentrated CO2, through a set of zones (#7) through (#9).).
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 7 are rejected under 35 U.S.C. 103 as being unpatentable over ‘278.
In regards to Claim 7, ‘278 discloses wherein the plurality of adsorber panels (#1) is configured to move through a plurality of sections (#7-#9) of the at least one regeneration unit (#15) in a first direction from the at least one oxygen purging section (#7) toward the at least one drying/cooling section (#9), and wherein, in each section of the plurality of sections (#7-#9) of the at least one regeneration unit (#15), the section is configured to facilitate one or more gases flowing through the section in a second direction opposite the first direction (see figure 2 and paragraph [0041]; ‘278 discloses that the monolith (#1) in first zone (#7) a gas purge (#10) flows in a second direction through the monolith (#1) and removes O2 from the monolith channels. In the second zone (#8), steam is injected in a second direction, condenses on the monolith and CO2 is produced. In the third zone (#9), inert gas (#12) is passed through the monolith in a second direction opposite the first direction to cool the monolith channels prior to reintroduction to airflow.).
Claims 29-34 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over ‘278 in view of Stark, Jr. (US Pat. No. 11,389,761, with an effective filing date of June 11, 2021, hereinafter Stark).
In regards to Claim 29, ‘278 discloses the system as recited in claim 1. ‘278 discloses that in the regeneration unit (#17) steam is injected to the regeneration unit to desorb CO2. (see paragraphs [0030] and [0040]). ‘278 fails to disclose further comprising a preheating section comprising a preheating inlet connected to a source of heated gas.
However, Stark, which is in the same field of endeavor, teaches a direct air capture structure for removing atmospheric carbon dioxide that has improved performance and lower cost than existing atmospheric carbon dioxide removal structures. The direct air capture structure comprises stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media (see column 1, line 56 to column 2, line 16).
Stark further teaches in figure 18A, a dual direct air capture (DAC) structure comprising a shared regeneration station (#1804A, #1804B, #1806 regeneration region) enclosed by a shroud (#1808) and the shroud (#1808) includes the infrastructure necessary to process the absorbent porous media and desorb carbon dioxide from it. Necessary infrastructure includes steam supply pipes and infrastructure within the shroud (#1808) is connected to a centralized balance of plant, (i.e. a facility that serves more than one DAC structure from which steam can be supplied to the infrastructure located within the shroud (#1808)). In this configuration, steam used by regeneration station (#1804B) may be pumped to regeneration stations (#1804A) to improve thermal efficiency of the regeneration process (see figure 18A and column 19, line 48 to column 20, line 26). This is considered equivalent to wherein the regeneration unit comprises a preheating section comprising a preheating inlet connected to a source of heated gas, as claimed by the applicant.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by ‘278 by having the regeneration unit to further comprise a preheating section comprising a preheating inlet connected to a source of heated gas, as claimed by the applicant, with a reasonable expectation of success, as Stark teaches a direct air capture structure for removing atmospheric carbon dioxide, wherein the direct air capture structure comprises stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media, wherein a dual direct air capture (DAC) structure comprises a shared regeneration station enclosed by a shroud, and the shroud includes the infrastructure necessary to process the absorbent porous media and desorb carbon dioxide from it, whereby necessary infrastructure includes steam supply pipes and infrastructure within the shroud is connected to a centralized balance of plant, (i.e. a facility that serves more than one DAC structure from which steam can be supplied to the infrastructure located within the shroud, and in this configuration, steam used by regeneration station may be pumped to regeneration stations to improve thermal efficiency of the regeneration process (see figure 18A and column 19, line 48 to column 20, line 26).
In regards to Claim 30, ‘278 discloses the system as recited in claim 1, but fails to disclose wherein each panel of the plurality of adsorber panels comprises a plurality of monolith arrays held together by a support structure, wherein the support structure comprises first and second vertical supports and a mesh coupled to the first and second vertical supports, and wherein a plane of the mesh is perpendicular to a plane of the first or second vertical supports, and wherein the mesh further comprises an opening configured to receive an array of the plurality of monolith arrays.
However, Stark, which is in the same field of endeavor, teaches a direct air capture structure for removing atmospheric carbon dioxide that has improved performance and lower cost than existing atmospheric carbon dioxide removal structures. The direct air capture structure comprises stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media (see column 1, line 56 to column 2, line 16). The stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, comprise a plurality of monolithic arrays (#114, #1112) held together by a support structure (#1102) wherein the support structure comprises first and second vertical supports (#1106, #1108) and a mesh (screen or grate) coupled to the first and second vertical supports (#1106, #1108), wherein a plane of the mesh (screen or grate) is perpendicular to a plane of the first or second vertical supports (#1106, #1108), and wherein the mesh (screen or grate) further comprises an opening configured to receive an array of the plurality of monolith arrays (#114, #1112) (see figure 11A and column 11, line 10-66).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by ‘278 by having each panel of the plurality of adsorber panels comprises a plurality of monolith arrays held together by a support structure, wherein the support structure comprises first and second vertical supports and a mesh coupled to the first and second vertical supports, and wherein a plane of the mesh is perpendicular to a plane of the first or second vertical supports, and wherein the mesh further comprises an opening configured to receive an array of the plurality of monolith arrays, as claimed by the applicant, with a reasonable expectation of success, as Stark teaches a direct air capture structure for removing atmospheric carbon dioxide comprising stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media, wherein the stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, comprise a plurality of monolithic arrays held together by a support structure, wherein the support structure comprises first and second vertical supports and a mesh coupled to the first and second vertical supports, wherein a plane of the mesh is perpendicular to a plane of the first or second vertical supports, and wherein the mesh (screen or grate) further comprises an opening configured to receive an array of the plurality of monolith arrays, thereby obtaining a direct air carbon dioxide capture structure having an improved performance and lower cost than existing atmospheric carbon dioxide removal structures (see figure 11A and column 1, lines 56-60 and column 11, line 10-66).
In regards to Claim 31, ‘278 discloses the system as recited in claim 1, but fails to disclose wherein each panel of the plurality of adsorber panels comprises a plurality of monolith arrays held together by a support structure, wherein the system further comprises a plurality of sealing struts, and wherein a sealing strut of the plurality of sealing struts is located between adjacent monolith arrays in the plurality of monolith arrays.
However, Stark, which is in the same field of endeavor, teaches a direct air capture structure for removing atmospheric carbon dioxide that has improved performance and lower cost than existing atmospheric carbon dioxide removal structures. The direct air capture structure comprises stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media (see column 1, line 56 to column 2, line 16). The stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, comprise a plurality of monolithic arrays (#114, #1112) held together by a support structure (#1102), wherein the system further comprises a plurality of sealing struts (#214), and wherein a sealing strut of the plurality of sealing struts (#214) is located between adjacent monolith arrays (#114, #1112) in the plurality of monolith arrays (#114, #1112) (see figures 2 and 11A and column 6, lines 2-48).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by ‘278 by having each panel of the plurality of adsorber panels comprises a plurality of monolith arrays held together by a support structure, wherein the system further comprises a plurality of sealing struts, and wherein a sealing strut of the plurality of sealing struts is located between adjacent monolith arrays in the plurality of monolith arrays, as claimed by the applicant, with a reasonable expectation of success, as Stark teaches a direct air capture structure for removing atmospheric carbon dioxide comprising stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media, wherein the stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, comprise a plurality of monolithic arrays held together by a support structure, and wherein the system further comprises a plurality of sealing struts, and wherein a sealing strut of the plurality of sealing struts is located between adjacent monolith arrays in the plurality of monolith arrays, thereby obtaining a direct air carbon dioxide capture structure having an improved performance and lower cost than existing atmospheric carbon dioxide removal structures (see figures 2 and 11A and column 1, lines 56-60 and column 6, lines 2-48).
In regards to Claim 32, ‘278, in view of Stark, discloses the system as recited in claim 31. Stark further teaches wherein the system further comprises a sealing surface (#204), wherein the sealing surface (#204) is configured to be in contact with at least one sealing strut (#214) of the plurality of sealing struts (#214) (see figure 2 and column 6, lines 2-28).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by ‘278 by having the system to further comprise a sealing surface, wherein the sealing surface is configured to be in contact with at least one sealing strut of the plurality of sealing struts, as claimed by the applicant, with a reasonable expectation of success, as Stark teaches a direct air capture structure for removing atmospheric carbon dioxide comprising stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media, wherein the stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, comprise a plurality of monolithic arrays held together by a support structure, and wherein the system further comprises a plurality of sealing struts, and wherein a sealing strut of the plurality of sealing struts is located between adjacent monolith arrays in the plurality of monolith arrays and the system further comprises a sealing surface, wherein the sealing surface is configured to be in contact with at least one sealing strut of the plurality of sealing struts, thereby obtaining a direct air carbon dioxide capture structure having an improved performance and lower cost than existing atmospheric carbon dioxide removal structures (see figures 2 and 11A and column 1, lines 56-60 and column 6, lines 2-48).
In regards to Claim 33, ‘278, in view of Stark, discloses the system as recited in claim 31. Stark further teaches wherein the sealing surface (#204) is a static block and the plurality of monolith arrays (#114) are configured to move relative to the sealing surface (#204) (see figure 2 and column 6, lines 2-24).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by ‘278 by having the sealing surface to be a static block and the plurality of monolith arrays are configured to move relative to the sealing surface, as claimed by the applicant, with a reasonable expectation of success, as Stark teaches a direct air capture structure for removing atmospheric carbon dioxide comprising stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media, wherein the stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, comprise a plurality of monolithic arrays held together by a support structure, and wherein the system further comprises a plurality of sealing struts, and wherein a sealing strut of the plurality of sealing struts is located between adjacent monolith arrays in the plurality of monolith arrays and the system further comprises a sealing surface, wherein the sealing surface is configured to be in contact with at least one sealing strut of the plurality of sealing struts, and wherein the sealing surface is a static block and the plurality of monolith arrays are configured to move relative to the sealing surface, thereby enabling the transport of a sorbent material from a carbon capture phase to a carbon release phase (see figure 2 and column 6, lines 2-24).
In regards to Claim 34, ‘278, in view of Stark discloses the system as recited in claim 32. Stark further teaches wherein the sealing surface (#204) comprises a first opening at a first end and a second opening at a second end, wherein the openings are configured to allow a gas to flow over or through a portion of the plurality of monolith arrays (#114) contained within a space defined by the sealing surface (#204) and the at least one sealing strut (#214) in contact with the sealing surface (see figure 1, figure 2 below and figure 11A, and column 6, lines 2-48).
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It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by ‘278 by having the sealing surface to comprise a first opening at a first end and a second opening at a second end, wherein the openings are configured to allow a gas to flow over or through a portion of the plurality of monolith arrays contained within a space defined by the sealing surface and the at least one sealing strut in contact with the sealing surface, as claimed by the applicant, with a reasonable expectation of success, as Stark teaches a direct air capture structure for removing atmospheric carbon dioxide comprising stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media, wherein the stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, comprise a plurality of monolithic arrays held together by a support structure, and wherein the system further comprises a plurality of sealing struts, and wherein a sealing strut of the plurality of sealing struts is located between adjacent monolith arrays in the plurality of monolith arrays and the system further comprises a sealing surface, wherein the sealing surface is configured to be in contact with at least one sealing strut of the plurality of sealing struts, and wherein the sealing surface comprises a first opening at a first end and a second opening at a second end, wherein the openings are configured to allow a gas to flow over or through a portion of the plurality of monolith arrays contained within a space defined by the sealing surface and the at least one sealing strut in contact with the sealing surface, thereby obtaining a direct air carbon dioxide capture structure having an improved performance and lower cost than existing atmospheric carbon dioxide removal structures (see figures 1, 2 and 11A, column 1, lines 56-60 and column 6, lines 2-48).
In regards to Claim 36, ‘278, in view of Stark, discloses the system as recited in claim 32. Stark further teaches wherein the sealing surface (#204) comprises a plurality of seals (#220, #222), wherein each of the plurality of seals (#220, #222) is in contact with a single face of a panel of the plurality of adsorber panels (#114) (see figure 2 and column 7, lines 23-29).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by ‘278 by having the sealing surface to comprise a plurality of seals, wherein each of the plurality of seals is in contact with a single face of a panel of the plurality of adsorber panels, as claimed by the applicant, with a reasonable expectation of success, as Stark teaches a direct air capture structure for removing atmospheric carbon dioxide comprising stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, at least one fan for blowing air through the cylinders and over the sorbent media, and at least one regeneration station for removing carbon dioxide from the sorbent media, wherein the stacks of sorbent media filled cylinder, i.e. plurality of adsorbent monolith panels, comprise a plurality of monolithic arrays held together by a support structure, and wherein the system further comprises a plurality of sealing struts, and wherein a sealing strut of the plurality of sealing struts is located between adjacent monolith arrays in the plurality of monolith arrays and the system further comprises a sealing surface, wherein the sealing surface is configured to be in contact with at least one sealing strut of the plurality of sealing struts, whereby the sealing surface further comprises a plurality of seals, wherein each of the plurality of seals is in contact with a single face of a panel of the plurality of adsorber panels, thereby obtaining a direct air carbon dioxide capture structure having an improved performance and lower cost than existing atmospheric carbon dioxide removal structures (see figure 2, column 1, lines 56-60 and column 7, lines 23-29).
Claims 1-2, 4-5, 13, 15-18, 20, 25-28 are rejected under 35 U.S.C. 103 as being unpatentable over Eisenberger, P. (US Pat. Pub. No. 2018/0169568, hereinafter Eisenberger).
In regards to Claim 1, Eisenberger discloses a system for removing carbon dioxide from ambient air, the system comprising:
a plurality of adsorber panels (#21, #22), wherein each panel of the plurality of adsorber panels comprises a face and a substrate (monoliths) configured to capture CO2 from an atmosphere, and wherein each panel of the plurality of adsorber panels are configured to move independently (see figures 1-4 and paragraphs [0035]-[0036]);
at least one adsorber structure (#36-#38) comprising at least one fan (#23, #26) configured to circulate air through a portion of panels of the plurality of adsorber panels (#21, #22) (see figures 1-4 and 7A and paragraphs [0035] and [0114]); and
at least one regeneration unit (#25, #27 regeneration box) comprising at least one oxygen purging section, at least one CO2 desorption section, and at least one drying/cooling section (see figures 1-4 and paragraphs [0053]-[0054]; Eisenberger discloses a bed (#21-1) is rotated into position and then moved up or downwardly into box (#25) for processing. The pressure in box (#25) containing bed (#21-1) is reduced using a vacuum pump, i.e. oxygen purging section. The box (#25) is further heated with steam at atmospheric pressure and CO2 is generated from bed (#21-1), i.e. CO2 desorption section, and condensate which is separated on a condenser (#240). The pressure in box (#27) is lowered using a vacuum pump associated with box (#27). This lowers the system pressure in both boxes (#25, #27) and draws the steam and inerts remaining in box (#25) through box (#27) and then to the vacuum pump. This cools box (#25) and bed (#21-1) to a lower temperature and reduces the potential for oxygen deactivation of the sorbent when the bed (#21-1) is placed back in the air stream. This is considered equivalent to at least one regeneration unit comprising at least one oxygen purging section, at least one CO2 desorption section and at least one drying/cooling section, as claimed by the applicant.).
In regards to Claim 2, Eisenberger discloses wherein the plurality of adsorber panels (#21, #22) are configured to move continuously through at least a portion of the at least one adsorber structure (#36-#38) and through the at least a portion of the at least one regeneration unit (#25, #27) (see figures 1-4 and 7A and paragraphs [0033], [0035], [0077] and [0114]).
In regards to Claim 4, Eisenberger discloses wherein the at least one oxygen purging section comprises a sealable chamber (box #25 is a sealable chamber) and a first outlet (#236), wherein the at least one CO2 desorption section comprises a desorption chamber, a gas inlet (#235), a gas outlet (#237), and wherein the at least one drying/cooling section comprises a drying/cooling chamber, a first drying/cooling inlet and a first drying/cooling outlet (see figures 1-4 and 6, and paragraphs [0053]-[0054] and [0100]).
In regards to Claim 5, Eisenberger discloses wherein the plurality of adsorber panels (#21, #22) is configured to move through the desorption chamber (#25) and a gas is configured to flow from the gas inlet (#235) to the gas outlet (#237) (see figures 1-4 and 6 and paragraphs [0053]-[0054] and [0100]). Examiner notes that although Eisenberger is silent in regards to wherein the gas first contacts adsorber panels that are more desorbed before contacting adsorber panels that are less desorbed, Eisenberger discloses substantially the same system as claimed by the applicant. Therefore, it is asserted, absent evidence to the contrary, that Eisenberger’s system is capable of functioning in the same manner as claimed as it has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed functions are considered prima facie obvious. See MPEP 2112.01.
In regards to Claim 13, Eisenberger discloses wherein the gas inlet (#235) is connected to a steam source (see figures 1-4 and 6 and paragraph [0053]).
In regards to Claim 15, Eisenberger discloses wherein the first outlet (#236) of the at least one oxygen purging section is connected to a vacuum source (#230) (see figures 1-4 and 6 and paragraph [0053]).
In regards to Claim 16, Eisenberger discloses wherein the plurality of adsorber panels (#21, #22) are configured to move periodically through at least a portion of the at least one adsorber structure (#36,-#38) and/or through at least a portion of the at least one regeneration unit (#25) (see figures 1-4 and paragraphs [0035]-[0036] and [0053]).
In regards to Claim 17, Eisenberger discloses wherein the first drying/cooling outlet (#236) of the at least one drying/cooling section is connected to a vacuum source (#230) (see figures 1-4 and 6 and paragraph [0053]).
In regards to Claim 18, Eisenberger discloses wherein the system comprises two adsorber structures (#36-#38 around fans (#23, #26)) and two regeneration units (#25, #27), wherein the two regeneration units (#25, #27) are situated between the two adsorber structures (see figure 1 and paragraphs [0035] and [0114]).
In regards to Claim 20, Eisenberger discloses further comprising a plurality of tracks (#31, #33) configured to transport the plurality of adsorber panels (#21, #22) into, through, and out of the at least one adsorber structure (#36-#38) and the at least one regeneration unit (#25, #27) (see figures 1-4 and 6 and paragraphs [0035]-[0036]).
In regards to Claim 25, Eisenberger discloses further comprising a plurality of tracks (#31, #33) configured to transport the plurality of adsorber panels (#21, #22) into, through, and out of the at least one regeneration unit (#25, #27) (see figures 1-4 and 6 and paragraphs [0035]-[0036]).
In regards to Claim 26, Eisenberger discloses wherein the plurality of adsorber panels (#21, #22) are oriented horizontally in the at least one regeneration unit (#25, #27) (see paragraph [0049]; Eisenberger discloses that the removal of the bed from the bed on the track, insertion of the bed into the regeneration box, removal of the bed from the regeneration box and re-insertion of the bed into its position on the track assembly. All of these movements occurring in a vertical direction, or alternatively as part of the horizontal rotational movement on the track.).
In regards to Claim 27, Eisenberger discloses wherein the system further comprises a plurality of tracks (#31, #33) configured to transport the plurality of adsorber panels (#21, #22) into, through, and out of the at least one adsorber structure (#36-#38) and the at least one regeneration unit (#25, #27), and wherein each adsorber panel of the plurality of panels oriented horizontally is transported on a track (see figures 1-4 and 6 and paragraphs [0035]-[0036]).
Examiner notes that although Eisenberger does not explicitly disclose wherein the track comprises at least two rails, having two rails is considered a mere engineering design choice in order to obtain a desired end-result, such as for improved stability and control of the adsorber panel, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
In regards to Claim 28, Eisenberger discloses wherein the plurality of adsorber panels (#21, #22) are oriented vertically in the at least one regeneration unit (#25, #27) (see paragraph [0049]; Eisenberger discloses that the removal of the bed from the bed on the track, insertion of the bed into the regeneration box, removal of the bed from the regeneration box and re-insertion of the bed into its position on the track assembly. All of these movements occurring in a vertical direction).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Eisenberger in view of Lackner et al. (US Pat. Pub. No. 2022/0355238, with an effective filing date of May 6, 2022, hereinafter Lackner).
In regards to Claim 8, Eisenberger discloses the system as recited in claim 4, but fails to disclose wherein the plurality of adsorber panels is configured to move continuously through each chamber of a plurality of chambers in the CO2 desorption section.
However, Lackner teaches a system for capturing atmospheric carbon dioxide. The system comprises a track and a plurality of adsorber panels moveably and pivotably coupled to the track, and a harvest housing having a sorbent regeneration system and at least one aperture, and a propulsion system coupled to the track and configured to move each panel of the plurality of panels in a circuit including a collection phase and a release phase. For each panel of the plurality of panels, the collection phase of the circuit includes the panel moving along the track to expose the sorbent material to an airflow and allow the sorbent material to capture atmospheric carbon dioxide. For each panel of the plurality of panels, the release phase of the circuit includes the panel being sufficiently enclosed inside the harvest house that the sorbent regeneration system may operate on the sorbent material to release captured carbon dioxide from the sorbent material and form an enriched gas within the harvest house. (see paragraph [0005]).
Lackner teaches a moving sorbent panel system (#100) for capturing atmospheric carbon dioxide (#124). The system comprises a track (#102), along which a plurality of adsorbent panels (#104) move and a harvest house (#112), i.e. regeneration unit, that is on or near the track (#102), wherein carbon dioxide captured is released within the harvest house (#112) (see figures 1 and 5A and paragraph [0027]). The harvest house (#112) is an enclosed space within which one or more panels are relieved of their captured carbon dioxide (#124). The process used within the harvest house (#112) to release the captured CO2 and prepare the panels (#104) for another trip around the track (#102) will depend on the nature of the panels (#104), and the sorbent materials (#106) used. As shown, the harvest house (#112) comprises a sorbent regeneration system (#114), i.e. CO2 desorption section, that is appropriate for the sorbent materials (#106) being used. According to various embodiments, t