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 .
Drawings
The drawings were received on November 19, 2024. These drawings are accepted.
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 1-7 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 1: Line 2 of claim 1 requires “a capture solution” as does line 8. As such, it is unclear if the recitation in line 8 refers to the same solution as that in line 2. For the purposes of examination, the two recitations are being treated as the same solution.
Regarding claim 1: The use of pronouns, such as “itself”, in a claim render that claim indefinite as it is unclear as to which element or step is being further limited. As such the meets and bounds of the claim cannot be determined. Structural limitations and steps must always be referred to by name.
Regarding claims 2-6: These claims are considered indefinite due to their dependence on claim 1.
Regarding claim 7: There is insufficient antecedent basis for “the first membrane” in line 8.
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) 1, 3, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Linden et al. (US 2021/0138364, Van).
Regarding claim 1: Van discloses a carbon dioxide-separating apparatus 100 – Fig 3 for separating carbon dioxide gas Abstract and ammonia gas Abstract from a capture solution wastewater - Abstract, in which the carbon dioxide gas has been captured by using the ammonia gas as an absorbent ammonia is a known absorbent of CO2 as noted by Han et al. (WO 2017/213413 A1, paragraph 4 on page 17 of the provided translation), the carbon dioxide-separating apparatus comprising:
a cation exchange membrane 12 and an anion exchange membrane 13 spaced apart from each other to form a capture channel 32, through which a capture solution flows Fig 3, [0036], therebetween,
a cathode current collector plate 42 with a cathode channel 31 formed between itself and the cation exchange membrane Fig 3,
an anode current collector plate 41 with an anode channel 33 formed between itself and the anion exchange membrane Fig 3,
wherein a basic solution flows in the cathode channel [0040], and an acidic solution flows in the anode channel [0041],
wherein when power is applied to the cathode current collector plate and the anode current collector plate, ammonium ions in the capture solution pass through the cation exchange membrane and move to the cathode channel Fig 3, [0050],
wherein bicarbonate ions in the capture solution pass through the anion exchange membrane and move to the anode channel Fig 3, [001],
wherein the ammonium ions that have moved to the cathode channel undergo a chemical reaction in the basic solution and are converted to ammonia gas 72 – [0022], and
wherein the bicarbonate ions that have moved to the anode channel undergo a chemical reaction in the acidic solution and are converted to carbon dioxide gas 73 – [0022].
Regarding claim 3: Wherein the carbon dioxide- separating apparatus further comprises:
a first membrane contactor 61 which separates the ammonia gas from the basic solution flowing through the cathode channel, and
a second membrane contactor 62 which separates the carbon dioxide gas from the acidic solution flowing through the anode channel.
Regarding claim 4: Wherein the carbon dioxide-separating apparatus further comprises:
a basic solution supply unit connected to flowline 52 supplying the basic solution to the cathode channel and
an acidic solution supply unit connected to flowline 51 supplying the acidic solution to the anode channel,
wherein the basic solution from which the ammonia gas is separated in the first membrane contactor is circulated to the basic solution supply unit Fig 3, and
the acidic solution from which the carbon dioxide gas is separated in the second membrane contactor is circulated to the acidic solution supply unit Fig 3.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van.
Van discloses the use of a basic solution and an acidic solution but fails to disclose that those solutions are.
However, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Van so that the basic solution was a sodium hydroxide solution or a potassium hydroxide solution and the acidic solution was a sulfuric acid solution or a hydrochloric acid solution, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Allowable Subject Matter
Claims 5 and 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5: The prior art of record fails to disclose or suggest a carbon dioxide-separating apparatus that includes a cathode channel between a cathode current collection plate and a cation exchange membrane such that the cation exchange membrane was formed in contact with a plate surface of the cathode current collection plate and an anode channel between an anode current collection plate and an anion exchange membrane such that the anion exchange membrane was formed in contact with a plate surface of the anode current collector plate surface as recited in the claimed combination.
Regarding claim 6: Claim 6 is considered allowable due to its dependence on claim 5.
Regarding claim 7: The prior art of record fails to disclose or suggest a carbon dioxide capture and storage system that separates carbon dioxide gas from ammonia gas and circulates the ammonia gas back into the system as an absorbent as recited in the claimed combination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER H GAY whose telephone number is (571)272-7029. The examiner can normally be reached Monday through Thursday, 6-3:30 and every other Friday 6-11.
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, Anita Y Coupe can be reached at (571)270-3614. 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.
/JENNIFER H GAY/Primary Examiner, Art Unit 3619
JHG
9/21/2026
Prosecution Insights