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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The information disclosure statement filed 07/22/2025 fails to comply with 37 CFR 1.98(a)(3) (ii) Each publication or that portion which caused it to be listed, other than U.S. patents and U.S. patent application publications unless required by the Office;
(iii) For each cited pending unpublished U.S. application, the application specification including the claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion [but see 1287 OG 163 (October 19, 2004) discussed in MPEP § 609.04(a), subsection II]; and
(iv) All other information or that portion which caused it to be listed.. It has been placed in the application file, but the information referred to therein has not been considered.
Specification
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
The attempt to incorporate subject matter into this application by reference to U. S. Patent Applications # 18/509,209 and 17/817,189 are ineffective because they are unpublished application, they should be replaced by U.S. Patent # 12,392,224 & 12,104,465 respectively.
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)(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 35, 37-41, 44-46, 48-50, and 52-54 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Perrota et al. (US 2011/0280788 A1)
Claim 35
Perrota discloses a method for sequestering a pollutant gas comprising carbon dioxide (CO₂) gas or hydrogen sulfide (H₂S), or both CO₂ and H₂S, in a subterranean reservoir, the method comprising: [0004]
introducing pollutant-sorbent particles into the subterranean reservoir; [0018,0060-0061]
introducing the pollutant gas into the subterranean reservoir, [0018, 0061]
wherein the pollutant- sorbent particles react with and sequesters the pollutant gas within the subterranean reservoir, [0018, 0061]
leaving the pollutant-sorbent particles and the pollutant gas in the subterranean reservoir, to sequester the pollutant gas on a permanent basis. [0004, 0018, 0061]
Since Perrota discloses the same method of sequestering a pollutant gas comprising iron oxide and the pollutant gas, it would be an pollutant -sorbent particle that would sequester pollutant of carbon dioxide and / or hydrogen sulfide and sequester the pollutant gas into an underground in a permanent basis.
"Products of identical chemical composition cannot have mutually exclusive properties”. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and /or claims are necessarily present. See MPEP 2112.01 (I), In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985) , In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Wareen Corp v DF Newfield Co, 7 F Supp 773, 22 USPQ 313 (EDNY1934).
Claim 37
Perrota discloses the method of claim 35, wherein the pollutant gas comprises carbon dioxide, and the pollutant-sorbent particles comprise CO2-sorbent particles. [0061]
Claim 38
Perrota discloses the method of claim 37, wherein the CO₂-sorbent particles comprise a material selected from the group consisting of: a metal-organic framework (MOF); ethylenediamine; aluminum oxide (Al₂O₃); boron nitride (BN); calcium hydroxide (Ca(OH)₂); calcium oxide (CaO); calcium carbonate (CaCO₃); carbon including activated or porous carbon; copper oxide (CuO); gold (Au); graphene; graphene oxide; iron oxide (Fe₂O₃); lithium orthosilicate (Li4SiO4); magnesium oxide (MgO); magnetite (Fe₃O₄); nickel oxide (NiO); silicon/calcium (Si/Ca); silicon dioxide (SiO₂); titanium dioxide (TiO₂); a zeolite; and zirconium oxide (ZrO₂). [0018, 0061]
Claim 39-40
Since Perrota discloses the same material such as iron oxide, it would be an adsorbent material for hydrogen sulfide.
"Products of identical chemical composition cannot have mutually exclusive properties”. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and /or claims are necessarily present. See MPEP 2112.01 (I), In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985) , In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Wareen Corp v DF Newfield Co, 7 F Supp 773, 22 USPQ 313 (EDNY1934).
Claim 41
Perrota discloses the method of claim 35, wherein the pollutant-sorbent particles comprise nanoparticles. [0060]
Claim 44
Perrota discloses the method of claim 35, wherein:
introducing the pollutant-sorbent particles includes pumping a carrier gas containing the pollutant-sorbent particles into the subterranean reservoir; and
introducing the pollutant gas includes pumping the pollutant gas into the subterranean reservoir. [0061]
Claim 45
Perrota discloses the method of claim 44, wherein pumping the pollutant gas into the
subterranean reservoir is performed after pumping the carrier gas containing the pollutant-sorbent particles into the subterranean reservoir. [0018-0019]
Claim 46
Perrota discloses the method of claim 44, wherein pumping the pollutant gas into the subterranean reservoir is performed at the same time as pumping the carrier gas containing the pollutant-sorbent particles into the subterranean reservoir. [0061]
Claim 48
Perrota discloses the method of claim 47, wherein the carrier gas is selected to avoid reactivity with the pollutant-sorbent particles. [0061]
Claim 49
Perrota discloses the method of claim 35, wherein the pollutant gas is or includes a flue gas. [0004, 0021]
Claim 50
Perrota discloses the method of claim 35, wherein introducing the pollutant-sorbent particles and introducing the pollutant gas includes:
introducing the pollutant gas into a carrier liquid containing the pollutant-sorbent particles to produce a pollutant-rich carrier liquid; (i.e. slurry) [018, 0061] and
pumping the pollutant-rich carrier liquid into the subterranean reservoir. [0061]
Claim 52
Perrota discloses the method of claim 51, wherein the carrier liquid is selected to avoid reactivity with the pollutant-sorbent particles. [0061]
Claim 53
Perrota discloses the method of claim 50, wherein introducing the pollutant gas into a carrier liquid and pumping the pollutant-rich carrier liquid are performed simultaneously to sequester a stream of pollutant gas continuously introduced to the carrier liquid. [0061]
Claim 54
Perrota discloses the method of claim 50, wherein introducing the pollutant gas into the carrier liquid containing the pollutant-sorbent particles comprises introducing a flue gas comprising the pollutant gas into the carrier liquid containing the pollutant-sorbent particles. [0018-0020]
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 36, 47, and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Perrota
Claim 36
Perrota discloses the method of claim 35. Perrota however does not explicitly disclose, wherein after introducing the pollutant-sorbent particles and introducing the pollutant gas into the subterranean reservoir, the method further comprises:
introducing further amounts of pollutant gas into the subterranean reservoir and leaving the further amounts of pollutant gas in the subterranean reservoir.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention that if there is more carbon dioxide nor reacted additional iron oxide amount could be added in in order to sequester the remaining carbon dioxide.
Claim 47 and 50
Perrota discloses the method of claim 44, wherein the carrier gas comprises air, methane, steam or mixtures thereof or water.
Perrota discloses on [0060] the iron-containing compound is provided from a waste stream, such as but not limited to, acid mine drainage sludge. In another embodiment, the iron-containing compound is provided as an industrial by-product, such as but not limited to, red mud produced from processing of aluminum-containing ores. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention that the waste / slurry could contain water, in order to co-pumping CO.sub.2 and an iron oxide- or hydroxide- or oxyhydroxide-containing slurry into the underground storage.
Claims 42 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Perrota, as applied to claim 35 an above, and further in view of Gil et al. (US 2010/0058771 A1) (“Gil” herein)
Claim 42
Perrota disclose the method of claim 35. Perrota does not explicitly disclose, wherein the subterranean reservoir comprises a zone of a depleted steam chamber of a well that was used for a steam injection operation.
Gil teaches the above limitation (See paragraphs 0054-0055 & 0059 → Gil teaches this limitation in that The bitumen recovered from a thermal recovery operation such as SAGD or Cyclical Steam Stimulation ("CSS") contains a large amount of water. A small fraction is connate water but most of the water is produced as condensate from the steam used to heat and mobilize the bitumen. As shown in the example of FIG. 2, a SAGD steam chamber 200 is the reservoir or source of bitumen, condensed water along with dissolved and free gases such as CH.sub.4, CO.sub.2, H.sub.2S and other trace gases. The source material is recovered from the steam chamber 200 by producer wells such as used, for example, in SAGD or CSS, or by non-thermal processes such as VAPEX or by a combination of these processes that can cause the bitumen to be mobilized and recovered. The produced source material is then sent to an underground location 201 for storage and processing or for storage, pumping to the surface and processing. Thus, the process of the present invention may be carried out on the surface, underground or portions of the process may be carried out underground. While the producer well-heads are assumed to be underground for purposes of the present illustration, the well heads may be located on the surface. One of the products of the process of the present invention is hot, dry, pressurized steam which may be returned to the underground location and finally to the reservoir 200 for ongoing steaming (SAGD or CSS) operations. Other products of the process of the present invention, such as for example, CO.sub.2, NO.sub.x and SO.sub.2, may also be captured and returned to the underground location and finally to the reservoir 200 or other geologic repository for sequestration. he FWKO unit 203 separates most of the water which is then sent to a de-oiling unit 208 for final cleaning of remaining oil residue. The oil residue from the de-oiling unit 208 is returned to the feedstock of the FWKO unit 203. Make-up water from a water well source 209, for example, is added to the de-oiled water and then fed to a tube evaporator 210 which distills the water in preparation for making steam. Some water is condensed in the tube evaporator 210 and is processed by a blowdown treatment apparatus 215 and then returned to the ground via a water disposal well 216.) for the purpose of having a carbon sequestration facility in which carbon dioxide can be controlled and sequestered in a repository such as for example a mature or depleted oil and gas reservoir, an unmineable coal seam, a deep saline formation, a basalt formation, a shale formation, or an excavated tunnel or cavern. [0016]
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Perrota, with the above limitation, as taught by Gill, in order to have carbon sequestration facility in which carbon dioxide can be controlled and sequestered in a repository such as for example a mature or depleted oil and gas reservoir, an unmineable coal seam, a deep saline formation, a basalt formation, a shale formation, or an excavated tunnel or cavern.
Claim 43
Perrota disclose the method of claim 42. Perrota does not explicitly disclose, , wherein introducing the pollutant-sorbent particles and introducing the pollutant gas is performed during or after a blowdown operation on the depleted steam chamber. (Same as claim 42)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Espin et al. (US 2002/0157536 A1) METHOD FOR REMOVING H2S AND CO2 FROM CRUDE AND GAS STREAMS teaches A method for removing at least one contaminant selected from the group consisting of H.sub.2S and CO.sub.2 from hydrocarbon streams, including the steps of providing a stream of hydrocarbon containing the at least one contaminant; the positioning metal-containing nanoparticles in the stream, the metal-containing nanoparticles being selected from the group consisting of metal oxides, metal hydroxides and combinations thereof, whereby the nanoparticles adsorb the contaminants from the stream, Zauderer (US 2004/0200393 A1) Production Of Hydrogen And Removal And Sequestration Of Carbon Dioxide From Coal-fired Furnaces And Boilers teaches Methods for reducing and eliminating carbon dioxide from the emissions of solid fuel fired power plants, particularly coal fired power plants, and to sequester the carbon dioxide, typically by using existing equipment. In some embodiments, the methods involve pyrolyzing the solid fuel to remove volatile matter and using the volatile matter to produce hydrogen. Additionally, the methods may involve burning the solid fuel or pyrolized solid fuel at very fuel rich stoichiometric conditions. Sequestration may include the production of a carbon dioxide-containing solution and the pumping of the solution into the ground, particularly in areas high in limestone, and Cogliandro et al (US 2007/0261844 A1) Method And Apparatus For Capture And Sequester Of Carbon Dioxide And Extraction Of Energy From Large Land Masses During And After Extraction Of Hydrocarbon Fuels Or Contaminants Using Energy And Critical Fluids teaches A closed loop system for increasing yield, reducing post process pollution, reducing energy consumed during and after extraction of fuels or contaminants in formations and for sequestering of carbon dioxide C0.sub.2 from various sources is converted to a critical fluid for use as a flushing and cooling medium. Electrical energy heats a hydrocarbon rich formation resulting in the extraction of hot fluids which are fed to heat exchangers, gas/liquid separator, and steam turbine whereby oil, electric power, carbon dioxide and methane are produced for reuse in the system or for external use. Further, a method for sequestering of carbon dioxide in a formation comprises the steps of injecting CO.sub.2 into the reservoir, flushing with cool pressurized CO.sub.2 for heat removal, infiltrating with ultra-fine low density suspended catalyst particles of dry sodium hydroxide in CO.sub.2, pumping water moistened CO.sub.2 into the reservoir to activate the catalysts, binding the CO.sub.2 with reacting materials and capping the reservoir.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SILVANA C RUNYAN whose telephone number is (571)270-5415. The examiner can normally be reached M-F 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at 571-272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SILVANA C RUNYAN/Primary Examiner, Art Unit 3674 02/02/2026