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 .
Election/Restrictions
Claims 1-20 are pending. Claims 1, 8, 16 and 19 have been amended. Claims 16-20 are withdrawn.
Applicant's arguments filed 06/16/2026 have been fully considered but they are not persuasive. See response to arguments below.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claim(s) 1, 4-8, 10-12, 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US 20240175144 A1).
Considering claim 1, Li discloses a direct air capture method comprising: receiving direct air captured CO2 in a first inlet to an electrochemical cell from an outlet of a solid sorbent compartment ([0060] and Fig. 1); note that the claim recites a compartment not a solid sorbent, therefore as long as the compartment is capable of holding solid sorbent it meets the claim; receiving water into a second inlet to the electrochemical cell (Fig. 1); forming a target product in the electrochemical cell by reducing carbamate ions from the direct air captured CO2 in the presence of the water via a chemical reduction reaction, the target product has at least one state of matter (inherently) ([0061] and Fig. 1); and outputting the target product from the electrochemical cell (flow electrolyzer) (abstract).
With respect to the limitation reciting atmospheric CO2, does not positively required the CO2 to be captured by any particular method, as the CO2 will not be distinguishable from where it was captured from. The term atmospheric CO2 does not require any particular concentration of CO2 or cannot meaningfully distinguish the CO2 from other sources, for example a flume gas captured CO2, because the process of capturing will change the CO2 concentration used for electrolysis.
Claim(s) 2, 3 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. as applied to claim 1 above, and further in view of Kaneko (US 20240158929 A1).
Considering claims 2, 3 and 13, Li does not disclose the target product includes at least one of CO, CH4, C2H4, and C2H6.
However, Kaneko discloses catalyst for reducing CO2 to form carbon monoxide [0004] comprises for example gold [0028].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the catalyst of Li for Au, because Kaneko teaches that Au is a known catalyst capable of reducing CO2 in order to form carbon monoxide. One of ordinary skill would have recognize that by changing catalysts one can change the product of electrolysis depending on desired outcome.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. as applied to claim 1 above, and further in view of Sargent et al. (US 20230416929 A1).
Considering claim 9, Li does not disclose recycling an exchange fluid to the solid sorbent compartment.
However, Sargent discloses separating amine from the product mixture and recycling thereof as at least part of the amine-based capture solution [0009].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recycling an exchange fluid to the solid sorbent compartment, because Sargent discloses recycling the product mixture solution back to the capture solution, which inherently or obviously would require a compartment where CO2 capture takes place. It is obvious that recycling of solutions is desirable to minimize waste of electrolyte compositions and unreacted CO2.
Response to Arguments
Applicant's arguments filed 06/16/2026 have been fully considered but they are not persuasive. Applicant argues that Lie does not disclose a direct air capture method comprising direct air captured atmospheric CO2, but only a pint source capture method that involves capturing water CO2.
This argument is not persuasive, because the claimed method does not require a particular method step of direct air capture but it merely is a descriptive language of the carbon dioxide as originating from atmosphere. This limitation does not positively required the CO2 to be captured by any particular method, as the CO2 will not be distinguishable from where it was captured from. The term atmospheric CO2 does not require any particular concentration of CO2 or cannot meaningfully distinguish the CO2 from other sources, for example a flume gas captured CO2, because the process of capturing will change the CO2 concentration used for electrolysis.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Wojciech Haske whose telephone number is (571)272-5666. The examiner can normally be reached M-F: 9:30 am - 6:00 pm.
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/WOJCIECH HASKE/ Examiner, Art Unit 1794
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