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 . This is a first action on the merits of the application. Claims 1-20 are pending.
Claim Objections
Claims 3 and 4 are objected to because of the following informalities:
Claim 3 recites “a distribution of the decomposable aragonite” in lines 1-2. It is respectfully suggested to amend the limitation to “a distribution of the decomposable aragonite in the solar receiver” for clarification purposes.
Claim 4 recites “the position of the solar radiation determined” in line 1. It is respectfully suggested to amend the limitation to “the position of the solar radiation is determined”.
Appropriate corrections are required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regard(s) as the invention.
Claim 1 recites “cause thermal decomposition of the decomposable aragonite material using the solar radiation and supplemental heat thereby forming at least carbon dioxide gas;” in lines 9-11. Claim 1 and its dependent claims are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections in the context of the recited computer-based heliostat fuel production system. See MPEP § 2172.01. The omitted structural cooperative relationships are: an apparatus for producing/generating supplemental heat and an apparatus for transporting the supplemental heat to the decomposable carbonate-containing material.
Claim 1 recites “initiate a catalytic or an electrocatalytic reduction of the carbon dioxide gas to thereby form a fuel;” in lines 12-13. Claim 1 and its dependent claims are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections in the context of the recited computer-based heliostat fuel production system. See MPEP § 2172.01. The omitted structural cooperative relationships are: an apparatus for conducting a catalytic or an electrocatalytic reduction of the carbon dioxide gas to thereby form a fuel.
Claims 2-20 are also rejected under 35 U.S. §112 by virtue of its dependence on claim 1.
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, 9, 10, 12, 14 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,761,098 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because both invention direct a fuel production plant comprising: (i) a plurality of reflective surfaces configured to receive and direct solar radiation to a receiver that contains a decomposable carbonate-containing material comprising aragonite material, wherein the decomposable carbonate-containing material has a composition effective to release carbon dioxide gas and solids upon heating with the solar radiation and/or a heat transfer medium that was previously heated by solar radiation; (ii) a reactor coupled to the receiver and configured to receive the carbon dioxide gas and to reduce the carbon dioxide gas to a fuel; (iii) a preheater, which provides supplement heat, fluidly coupled to the reactor and configured to preheat the decomposable carbonate-containing material prior to thermal decomposition; and (iv) a heat exchanger thermally coupled to the preheater and configured to receive heat from the heat transfer medium, thermal energy extracted from the solids, and/or the carbon dioxide gas, as recited/implied in claimed invention. The use of controller, which is reasonably expected to be based on a computer system, is also disclosed in the U.S. Patent No. 11,761,098 B1 (col. 3, lines 16-30; col. 3, line 66 thru col. 4, line 32).
Allowable Subject Matters
Claims 1-20 in the instant application are allowed if previously presented objections to claims 3 and 4, 35 U.S.C. 112(b) rejections to claims 1-20 and nonstatutory double patenting rejection to claims 1, 9, 10, 12, 14 and 17-20 are resolved.
The following is a statement of reasons for the indication of allowable subject matter. A thorough search for pertinent prior art did not locate any prior art that discloses or suggests the invention recited in claims 1-20. The concept of a computer-based heliostat fuel production system comprising:
a heliostat array comprising a plurality of reflective surfaces;
at least one solar receiver containing at least a decomposable aragonite material; and
at least one computer-based controller coupled with the heliostat array and that is configured to:
direct solar radiation from at least some of the heliostat array's plurality of reflective surfaces to the decomposable aragonite material in the receiver;
cause thermal decomposition of the decomposable aragonite material using the solar radiation and supplemental heat thereby forming at least carbon dioxide gas;
initiate a catalytic or an electrocatalytic reduction of the carbon dioxide gas to thereby form a fuel; and
wherein the supplement heat is from at least one of (a) waste heat from a co-located process, (b) heat from a calcium oxide solid formed during decomposition of the decomposable aragonite material, and (c) heat from the carbon dioxide gas, is considered novel.
The closest prior art to Fan et al. (US 2006/0039853 A1) discloses an apparatus/a process of making CaO from a calcium carbonate precursor material by heating the calcium carbonate material at a temperature of 800 to 950 [Symbol font/0xB0]C (Paragraph [0053]), which directs a release of carbon dioxide gas through the thermal decomposition CaCO3 (s) [Wingdings font/0xE0] CaO (s) + CO2 (g).
Other pertinent prior art to CN1160074A (please refer to the attached English translation) discloses an apparatus/a method and an apparatus for manufacturing a fossil fuel, characterized in that: in a kiln, limestone (CaCO3) is decomposed into carbon dioxide (CO2) and calcium oxide (CaO). Coke (C) and water (H2O) is added to the carbon dioxide (CO2) and calcium oxide (CaO) resulted from the decomposition of limestone (CaCO3), thereby producing carbon monoxide (CO), hydrogen gas (H2), methane (CH4) and calcium carbide (CaC2) (page 1).
Other pertinent prior art to Thorn, Jr. et al. (US 4,054,464) discloses an apparatus/a process of converting ollitic aragonite (col. 2, 1. 33) into CaO by heating (Example 1).
Other pertinent prior art to Licht (US 9,297,082 B2) discloses a process and an apparatus for producing calcium oxide comprising the step of electrolyzing a molten mixture containing calcium carbonate in an electrolysis vessel to produce calcium oxide, oxygen, and a reduced carbon product, wherein the calcium oxide collects on the bottom of the electrolysis vessel (col. 2, lines 5-44; Claim 1).
Other pertinent prior art to Abramson et al. (US 3,940,324) discloses a process and an apparatus for conducting a method of decomposing calcium carbonate into calcium oxide and carbon dioxide gas, comprising exposing calcium carbonate to an ionizing radiation at a power of the absorbed radiation dose of at least 0.5 Mrad/s (cols. 1-2).
Other pertinent prior art to Wicke et al. (US 3,991,172) discloses a process and an apparatus for the production of extremely reactive calcium oxide which comprises decomposing calcium carbonate having a grain size of not more than 200 microns at a material temperature of at least 850° C., and said decomposition being carried out at a CO2-partial pressure which amounts to not more than 40% of the CO2-equilibrium pressure corresponding to the formation of reactive calcium oxide at the decomposition temperature (col. 4, claim 1).
Other pertinent prior art to Umeda et al. (Electrochemical Reduction of CO2 to Methane on Platinum Catalysts without Overpotentials: Strategies for Improving Conversion Efficiency, 2020, Appl. Energy Mater. 3, 1119-1127) discloses a process and an apparatus for an electrochemical CO2 reduction to hydrocarbons and alcohols, such as methane or methanol (page 1120, left column, 1st paragraph) with sustainable (i.e., renewable) energies (Abstract).
The combination of cited prior arts, set forth above, alone or in a combination, do not provide any guidance which would lead one to construct a computer-based heliostat fuel production system comprising:
a heliostat array comprising a plurality of reflective surfaces;
at least one solar receiver containing at least a decomposable aragonite material; and
at least one computer-based controller coupled with the heliostat array and that is configured to:
direct solar radiation from at least some of the heliostat array's plurality of reflective surfaces to the decomposable aragonite material in the receiver;
cause thermal decomposition of the decomposable aragonite material using the solar radiation and supplemental heat thereby forming at least carbon dioxide gas;
initiate a catalytic or an electrocatalytic reduction of the carbon dioxide gas to thereby form a fuel; and
wherein the supplement heat is from at least one of (a) waste heat from a co-located process, (b) heat from a calcium oxide solid formed during decomposition of the decomposable aragonite material, and (c) heat from the carbon dioxide gas, as recited in claim 1 of claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOUNGSUL JEONG whose telephone number is (571)270-1494. The examiner can normally be reached on Monday-Friday 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, In Suk Bullock can be reached on 571-272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YOUNGSUL JEONG/Primary Examiner, Art Unit 1772
Prosecution Insights