Prosecution Insights
Last updated: October 04, 2026
Application No. 18/861,823

METHOD AND APPARATUS FOR TREATMENT OF PROCESS GAS

Non-Final OA §102§112
Filed
Oct 30, 2024
Priority
May 24, 2022 — DE 10 2022 113 075.4 +1 more
Examiner
HOPKINS, ROBERT A
Art Unit
1776
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Dürr Systems AG
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1366 granted / 1617 resolved
+19.5% vs TC avg
Moderate +8% lift
Without
With
+7.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
42 currently pending
Career history
1632
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
32.8%
-7.2% vs TC avg
§102
32.0%
-8.0% vs TC avg
§112
26.3%
-13.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1617 resolved cases

Office Action

§102 §112
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 . Claim Objections Examiner notes claims 4-8,11,14,16 include multiple period (.) within the body of the claim, wherein claim construction requires the claim to include a single sentence with a period(.). Correction is requested. 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 2,3,5-8,11,17,18 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 (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 2, the phrase "especially of air from an environment" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim 3, the phrase "especially after the first further treatment step" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim 5, the phrase "especially to the first condensation step" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim 6, the phrase "especially to the first stage of the deconcentration step" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim 7, the phrase "especially to the foremost deconcentration stage" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim 8, the phrase "especially to the foremost deconcentration stage" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim 11 the phrase "especially into an activated carbon filter" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). Claims 17 and 18 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 steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: method steps that further limit independent claims 1 and 9. Examiner notes claims 17 and 18 are directed to a use of the claimed method and a use of the claimed apparatus, however claims 17 and 18 require further process and apparatus limitations respectively to provide for proper claim scope. Regarding claim 17 the phrase "especially circulated air from a dryer for treatment of process air from a dryer, especially from the process air from a manufacturing plant for production of electrodes of a battery" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim 18 the phrase "especially circulated air from a dryer for treatment of process air from a dryer, especially from the process air from a manufacturing plant for production of electrodes of a battery" renders the claim indefinite because it is unclear whether the limitations are part of the claimed invention. See MPEP § 2173.05(d). 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, 9 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Chinese reference(CN206580557U). Chinese reference in figure 1 teaches a method of treating process gas from an industrial process (acid gas combustion furnace 1) having a main stream (unnumbered high temperature process gas downstream of acid gas combustion furnace) and a secondary stream , wherein at least a portion of the process gas is treated by the method, the method comprising: separating, via a first condensation step (primary condenser 2) a first condensate (condensed liquid sulfur; para 0041 stating “the condensed liquid sulfur flows from the bottom of the outlet end cap of the primary condenser 2”) out of the process gas ; branching off, via a first branching operation (unnumbered branch line in figure 1 leading to primary heater 3) subsequent to the first condensation step (para 0044 stating “the cooled process gas is heated to 220oC by the primary heater 3”) a portion of the process gas from the main stream into the secondary stream as offgas,; and subjecting, via a first further treatment step (secondary heater 6) subsequent to the first branching operation (unnumbered process gas stream leading to secondary heater 6 ) in the main stream, at least a portion of the process gas to further treatment after the first condensation step (para 0044 stating “the cooled process gas is heated to 220oC by the secondary heater 6”). With regards to claim 9 , Chinese reference further teaches an apparatus for treatment of process gas from an industrial process(acid gas combustion furnace), especially for execution of a method defined in claim 1, the apparatus comprising an outlet for discharging process gas from an industrial process , a heating element (primary heater 3) for heating the process gas , and an inlet for introducing process gas into a first condenser (primary condenser 2), having: a first cooling unit for cooling process gas, a first branch site(branch site leading to primary heater 3) for branching off at least a proportion of process gas as offgas into a secondary stream channel. Allowable Subject Matter Claims 2-8, 10-16 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. Claim 2 recites “in which the first further treatment step comprises includes a heating operation and/or a pressure-lowering operation, and/or feeding of gas outside the main stream , especially of air from an environment , and at least a portion of the process gas is treated, by the following method step further including: recycling process gas downstream of the first condensation step into the industrial process.”. Chinese reference teaches the first further treatment step comprises includes a heating operation, however Chinese reference does not teach or suggest recycling process gas downstream of the first condensation step into the industrial process. Claim 3 recites “in which at least a portion of the process gas , in a second branching operation that takes place after the first branching operation , especially after the first further treatment step , is branched off from the main stream and added to the offgas , where the relative saturation of the offgas branched off in the second branching operation is lower than the relative saturation of the offgas branched off in the first branching operation.”. Chinese reference teaches a first branching operation, however Chinese reference does not teach or suggest a portion of the process gas , in a second branching operation that takes place after the first branching operation , is branched off from the main stream and added to the offgas , where the relative saturation of the offgas branched off in the second branching operation is lower than the relative saturation of the offgas branched off in the first branching operation. Claim 4 recites “in which at least a portion of the offgas is treated by the following method steps: a. a second condensation step subsequent to the first condensation step and in which a second condensate is separated out of the process gas , b. a second further treatment step which takes place after the second condensation step and in which at least a portion of the offgas is subjected to further treatment after the second condensation step , comprising a heating operation and/or a pressure-lowering operation and/or a filtering operation; c. a deconcentration step that takes place after the first condensation step , comprising including at least one deconcentration stage for lowering the concentration of a pollutant; and/or d. a filtering of the offgas that takes place after is subsequent to the condensation step.”. Claim 5 recites “wherein the following method steps are conducted for desorption of a deconcentrator: a. a portion of the offgas is branched off before and/or after the portion of the offgas has been deconcentrated in a deconcentration stage ; b. the portion of the offgas branched off to provide a desorption gas , c. a desorption step by the desorption gas, where the desorption gas flows through a desorption region of the deconcentrator and takes up at least one adsorbed pollutant, d. the desorption gas, after flowing through the desorption region , is removed as concentrate gas , and e. the concentrate gas is guided to a condensation step, especially to the first condensation step and/or to a further condensation step, and/or a deconcentration step.”. Chinese reference teaches a first branching operation, however Chinese reference does not teach or suggest wherein the following method steps are conducted for desorption of a deconcentrator: a. a portion of the offgas is branched off before and/or after the portion of the offgas has been deconcentrated in a deconcentration stage ; b. the portion of the offgas branched off to provide a desorption gas , c. a desorption step by the desorption gas, where the desorption gas flows through a desorption region of the deconcentrator and takes up at least one adsorbed pollutant, d. the desorption gas, after flowing through the desorption region , is removed as concentrate gas , and e. the concentrate gas is guided to a condensation step, and/or to a further condensation step, and/or a deconcentration step. Claims 7 and 8 depends on claim 5 and hence would also be allowable upon incorporation of claim 5 into claim 1. Claim 6 recites “wherein the following method steps are conducted: a. a concentrate gas is produced after it has flowed through the desorption region of a deconcentrator , b. the concentrate gas is treated in a condensation and/or deconcentration step, wherein the treated concentrate gas i. is guided to the first condensation step and/or ii. is guided to a deconcentration step, especially to the first stage of the deconcentration step, and/or iii. is divided into at least two substreams before at least one of the substreams of the treated concentrate gas is guided to a condensation step and/or to a deconcentration step.”. Chinese reference teaches a first condensation step for a process gas, however Chinese reference does not teach or suggest wherein the following method steps are conducted: a. a concentrate gas is produced after it has flowed through the desorption region of a deconcentrator , b. the concentrate gas is treated in a condensation and/or deconcentration step, wherein the treated concentrate gas i. is guided to the first condensation step and/or ii. is guided to a deconcentration step, especially to the first stage of the deconcentration step, and/or iii. is divided into at least two substreams before at least one of the substreams of the treated concentrate gas is guided to a condensation step and/or to a deconcentration step. Claim 10 recites “further including a second branch site with which process gas is branched off into the secondary stream channel to lower the relative saturation of the offgas , wherein the first branch site is disposed downstream of the cooling unit and the second branch site is disposed downstream of the heating element.”. Chinese reference teaches a first branching operation, however Chinese reference does not teach or suggest further including a second branch site with which process gas is branched off into the secondary stream channel to lower the relative saturation of the offgas , wherein the first branch site is disposed downstream of the cooling unit and the second branch site is disposed downstream of the heating element. Claims 12-15 depend on claim 10 and hence would also be allowable upon incorporation of claim 10 into claim 9. Claim 11 recites “wherein the secondary stream channel, for introduction of at least a portion of the offgas , is connectable to: a. an inlet , disposed downstream of the first condenser for introduction into a second condenser, wherein a second condensate is removed from the offgas; and/or b. an inlet, disposed downstream of the first condenser for introduction into a deconcentrator for lowering the concentration of a pollutant; and/or c. an inlet disposed downstream of the first condenser for introduction into a filter.”. Chinese reference teaches a secondary stream channel, however Chinese reference does not teach or suggest wherein the secondary stream channel, for introduction of at least a portion of the offgas , is connectable to: a. an inlet , disposed downstream of the first condenser for introduction into a second condenser, wherein a second condensate is removed from the offgas; and/or b. an inlet, disposed downstream of the first condenser for introduction into a deconcentrator for lowering the concentration of a pollutant; and/or c. an inlet disposed downstream of the first condenser for introduction into a filter. Claim 16 recites “further including: at least two deconcentrators arranged in succession based on the flow direction of the offgas, each of which has at least one adsorption region and one desorption region , a first concentrate gas conduit for removal of concentrate gas from the desorption region of an upstream deconcentrator , in the case of at least three deconcentrators the foremost deconcentrator, wherein the first concentrate gas conduit, for introduction of the concentrate gas, is connectable to: a. an inlet for introduction into the adsorption region of a deconcentrator and/or b. an inlet for introduction into a condensate gas condenser ; and/or c. the second concentrate gas conduit of a downstream deconcentrator for mixing with the concentrate gas therefrom; and/or d. the inlet (4b) for introduction into the first condenser.”. Chinese reference teaches a first branching operation for providing an offgas, however Chinese reference does not teach or suggest at least two deconcentrators arranged in succession based on the flow direction of the offgas, each of which has at least one adsorption region and one desorption region , a first concentrate gas conduit for removal of concentrate gas from the desorption region of an upstream deconcentrator , in the case of at least three deconcentrators the foremost deconcentrator, wherein the first concentrate gas conduit, for introduction of the concentrate gas, is connectable to: a. an inlet for introduction into the adsorption region of a deconcentrator and/or b. an inlet for introduction into a condensate gas condenser ; and/or c. the second concentrate gas conduit of a downstream deconcentrator for mixing with the concentrate gas therefrom; and/or d. the inlet (4b) for introduction into the first condenser.”. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm. 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, Jennifer Dieterle can be reached at 5712707872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROBERT A HOPKINS/Primary Examiner, Art Unit 1776 September 1, 2026
Read full office action

Prosecution Timeline

Oct 30, 2024
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
92%
With Interview (+7.5%)
2y 4m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1617 resolved cases by this examiner. Grant probability derived from career allowance rate.

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