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 response to applicant’s amendment filed on April 13, 2026. Claims 11 and 15-16 have been amended. Claims 21-22 have been added. No claims have been cancelled. Claims 1-22 are pending in the application. Claims 1-10 have been withdrawn as being directed to a non-elected invention.
Response to Amendment
Objections to specification have been withdrawn in view of applicant’s amendments.
Objections to drawings have been withdrawn in view of applicant’s amendments.
Claim interpretation under 35 USC § 112(f) have been withdrawn in view of applicant’s amendments.
Rejections under 35 USC § 112(b) of Claims 15-16 have been withdrawn in view of applicant’s amendments.
Rejections under 35 USC § 103 of Claims 11-20 have been withdrawn in view of applicant’s amendments. However, upon further search and consideration, modified grounds of rejection have been made.
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.
Claims 11-14, 17 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Younes et al. (US Pat. Pub. No. 2022/0212141, hereinafter Younes) in view of Eisenberger.
In regards to Claim 11, Younes discloses a system for removal of carbon dioxide gas, the system comprising: an apparatus comprising:
a web comprising a sorbent (#1300 conveyor belt including a porous medium #320) configured to absorb carbon dioxide (see figure 1A and paragraph [0040]);
a drive system (#1301) operably coupled to the web (#1300), wherein, in operation, the drive system (#1301) transports the web (#1300) from (i) a first zone (#1001a) to (ii) a second zone (#1001c) within an at least partially enclosed area (see figure 1A and paragraphs [0038]-[0040]); and
a heating mechanism (#1104 second inlet configured to receive a condensable gas #1030 which includes steam provided by a steam generation boiler or a renewable energy source with direct steam generation capacity) configured to heat a portion of the web (#1300 conveyor belt) within the second zone (#1001c) to a predetermined minimum temperature, such that (i) the first zone (#1001a) is at a first temperature and the second zone (#1001c) is at a second temperature greater than the first temperature, and (ii) an affinity of the web within the second zone (#1001c) to absorb carbon dioxide decreases (see figure 1A below and paragraphs [0003], [0040]-[0041] and [0050]; Younes discloses a first zone for carbon dioxide adsorption, a second zone for sorbent heating, a third zone for carbon dioxide desorption, and a fourth zone for sorbent cooling. The carbon dioxide sorbent is configured to adsorb carbon dioxide from the carbon dioxide-containing fluid #1010 within the first zone #1001a as the carbon dioxide-containing fluid #1010 flows through the conveyor belt #1300 at a first temperature to produce the carbon dioxide-depleted fluid #1013. The carbon dioxide sorbent is configured to desorb the carbon dioxide captured from the carbon dioxide-containing fluid #1010 within the third zone #1001C, i.e. second zone, at a second temperature to produce the carbon dioxide-rich fluid #1021. The condensable gas #1030 entering the third zone #1001c, i.e. second zone, can heat the carbon dioxide sorbent traveling through the third zone #1001c, i.e. second zone, which facilitates the desorption of carbon dioxide from the carbon dioxide sorbent, and in turn, the regeneration of the carbon dioxide sorbent. The first zone is at a first temperature is from 0ºC to 50ºC, and the third zone #1001c, i.e. second zone, is at a second temperature in a range from 70ºC to 130ºC, i.e. the first zone is a at first temperature and the second zone is at a second temperature greater than the first temperature. Since the second zone is at a second temperature where the carbon dioxide is desorbed, it is considered obvious, that an affinity of the web within the second zone to absorb carbon dioxide decreases, as claimed by the applicant. Further, it is clearly shown in figure 1A that the web is positioned such that an entirety of the web #1300 is not in contact with steam provided via the heating mechanism, as claimed by the applicant, since the condensable gas #1030 from the heating mechanism contacts one side of the conveyor belt #1300, i.e. web, when passing through the third zone #1001c, i.e. second zone.).
Younes discloses a second outlet (#1102) configured to discharge a carbon dioxide-rich fluid from the third zone (#1001c), i.e. second zone (see figure 1A and paragraph [0038]). Younes does not explicitly disclose a blower configured to remove fluid comprising at least 0.1% carbon dioxide from the second zone.
PNG
media_image1.png
710
740
media_image1.png
Greyscale
However, Eisenberger teaches a system for the removal of carbon dioxide comprising a track (#31), i.e. web, comprising a sorbent (#21 sorbent monolithic panels) configured to absorb carbon dioxide, a drive system (electric motor and drive wheel along the track) operably coupled to the track (#31), wherein, in operation, the drive system transports the web (#31) from (i) a first zone (sorption zone) to (ii) a second zone (#25 regeneration box) within an at least partially enclosed area, a heating mechanism (#235 steam line) configured to heat a portion of the track with the sorbent (#31, #33 with sorbent #21-1) within the second zone (#25) to a predetermined minimum temperature, such that (i) the first zone (sorption zone) is at a first temperature and the second zone (#25) is at a second temperature greater than the first temperature, and (ii) an affinity of the web within the second zone to absorb carbon dioxide decreases (CO2 desorption occurs), and during regeneration and CO2 release from a sorbent within the second zone (#25), steam is supplied to the regeneration box (#25) containing the track with the sorbent, wherein the CO2 is removed from the box (#25), i.e. second zone, by the action of a CO2 blower (#225) (see figures 1-7 and paragraphs [0033], [0035], [0064], [0053]-[0054] and [0102]). This is considered equivalent to a blower configured to remove fluid comprising at least 0.1% carbon dioxide from the second zone, as claimed by the applicant.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Younes by further having a blower configured to remove fluid comprising at least 0.1% carbon dioxide from the second zone, as claimed by the applicant, with a reasonable expectation of success, as Eisenberger teaches a system for the removal of carbon dioxide comprising a track, i.e. web, comprising a sorbent configured to absorb carbon dioxide, a drive system operably coupled to the track, wherein, in operation, the drive system transports the web from (i) a first zone to (ii) a second zone within an at least partially enclosed area, a heating mechanism configured to heat a portion of the track with the sorbent within the second zone to a predetermined minimum temperature, such that (i) the first zone is at a first temperature and the second zone is at a second temperature greater than the first temperature, and (ii) an affinity of the web within the second zone to absorb carbon dioxide decreases, and during regeneration and CO2 release from a sorbent within the second zone, steam is supplied to the regeneration box containing the track with the sorbent, wherein the CO2 is removed from the box by the action of a CO2 blower, thereby efficiently removing CO2 from the second zone (see figures 1-7 and paragraphs [0033], [0035], [0064], [0053]-[0054] and [0102]).
In regards to Claim 12, Younes discloses wherein heating the portion of the web (#1300) within the second zone (#1001c) to the predetermined minimum temperature comprises transporting the web (#1300), via the drive system (#1301), across a first plate (wall) that is in contact with the heating mechanism (#1104) within the second zone (#1001c) (see figure 1A and paragraphs [0005] and [0048]).
In regards to Claim 13, Younes discloses wherein heating the portion of the web (#1300) within the second zone (#1001c) to the predetermined minimum temperature comprises directing steam having a temperature at or above the predetermined minimum temperature toward a conductor (#1400) positioned between the heating mechanism (#1104) and the web (#1300) (see figure 1A and paragraph [0006], [0019] and [0050]).
In regards to Claim 14, Younes discloses wherein the drive system (#1301) is further configured to transport the web (#1300) across a first conductor (#1400) and a second conductor (#1401) within the second zone (#1001c), wherein the second conductor (#1401) is positioned downstream of the first conductor (#1400) and causes the second conductor (#1401) to recapture heat from the web (#1300) (see figure 1A and paragraphs [0003] and [0016]).
In regards to Claim 17, Younes discloses wherein the sorbent comprises an amine group (see paragraph [0040]).
In regards to Claim 19, Younes discloses wherein the second temperature is at least 5 degrees Celsius greater than the first temperature (see figure 1 and paragraphs [0003], [0040]-[0041] and [0051]; Younes discloses a first zone for carbon dioxide adsorption, a second zone for sorbent heating, a third zone for carbon dioxide desorption, and a fourth zone for sorbent cooling. The carbon dioxide sorbent is configured to adsorb carbon dioxide from the carbon dioxide-containing fluid #1010 within the first zone #1001a as the carbon dioxide-containing fluid #1010 flows through the conveyor belt #1300 at a first temperature to produce the carbon dioxide-depleted fluid #1013. The carbon dioxide sorbent is configured to desorb the carbon dioxide captured from the carbon dioxide-containing fluid #1010 within the third zone #1001C, i.e. second zone, at a second temperature to produce the carbon dioxide-rich fluid #1021. The first zone is at a first temperature is from 0ºC to 50ºC, and the third zone #1001c, i.e. second zone, is at a second temperature in a range from 70ºC to 130ºC, which falls inside the claimed range of at least 5ºC greater than the first temperature, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.).
In regards to Claim 20, Younes discloses wherein to heat the portion of the web (#1300), the heating mechanism (#1104) is further configured to hold a fluid having a temperature at or above the second temperature of at least 85 degrees Celsius, and wherein the fluid does not directly contact the web (#1300) (see figure 1A and paragraph [0051]; Younes discloses that the electric heater #1500 can be used to heat the carbon dioxide sorbent traveling through the third zone #1001c, i.e. second zone. In some implementations, the condensable gas #1030 (steam) and the electric heater #1500 work together to heat the carbon dioxide sorbent to the second temperature within the third zone #1001c, i.e. second zone.).
Although Younes does not explicitly disclose a temperature of the fluid (steam) being at or above the second temperature of at least 85 degrees Celsius, it is considered reasonably obvious to have the fluid at a temperature at or above the second temperature of at least 85 degrees Celsius, as claimed by the applicant, in order to efficiently carry out the desorption of carbon dioxide from the sorbent in the web. Further, although Younes is silent in regards to wherein the fluid (steam) does not directly contact the web, adjusting/relocating the inlet of steam to a position that does not directly contact the web is a mere engineering design choice in order to obtain a desired end-result, such as for improved desorption efficiency, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MEP 2144.04.
In regards to Claim 21, Younes discloses wherein the heating mechanism includes a heat exchanger positioned to heat the web #1300 (see paragraph [0058]; Younes discloses a heat exchanger #220 configured to facilitate heat transfer between the liquid heating medium #1400 in the second zone #1001b and the liquid cooling medium #1401 in the fourth zone #1001d. Although Younes does not explicitly disclose wherein the heat exchanger is positioned to heat the web #1300, it is considered reasonably obvious, absent evidence to the contrary, that the heat exchanger will reasonably heat the web #1300 since the web #1300 passes through the liquid heating medium #1400 in the second zone and the liquid cooling medium #1400 in the fourth zone, and therefore, some heating will reasonably be carried to the web #1300.).
In regards to Claim 22, Younes discloses wherein the drive system (#1301) is configured to operate continuously (see paragraph [0035]).
Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Younes in view of Eisenberger, and further in view of Lackner et al. (US Pat. Pub. No. 2022/0355238, hereinafter Lackner).
In regards to Claim 16, Younes, in view of Eisenberger, discloses the system as recited in claim 11, but fails to disclose wherein a controller is configured to control a speed of the web via a speed control unit and adjust the speed of the web via the speed control unit based on a temperature of the web, a temperature of the second zone, and/or a carbon dioxide removal rate.
However, Lackner teaches a system for capturing atmospheric carbon dioxide. The system comprises a track and a plurality of panels, i.e. web comprising a sorbent, moveably and pivotably coupled to the track. Each panel includes a sorbent material and an orientation with respect to the track. The system also includes a harvest house having a sorbent regeneration system, i.e. second zone, and at least one aperture, and a propulsion system, i.e. drive system, coupled to the track and configured to move each panel of the plurality of panels in a circuit including a collection phase, i.e. first zone, and a release phase. For each panel of the plurality of panels, the collection phase, i.e. first zone, of the circuit includes the panel moving along the track at a speed such that the sorbent material is capturing carbon dioxide throughout the collection phase and may be substantially loaded when the panel arrives at the harvest house at the end of the collection phase. For each panel of the plurality of panels, the release phase of the circuit includes the panel being sufficiently enclosed inside the harvest house that the sorbent regeneration system, i.e. second zone, may operate on the sorbent material to release captured carbon dioxide from the sorbent material and form an enriched gas within the harvest house. The system may further include a control system communicatively coupled to the propulsion system and is configured to control the propulsion system to enhance the performance of the system. The speed with which the sorbent panels move along the track may be tuned such that each panel is capturing carbon dioxide for its entire journey about the track, and this speed tuning is accomplished using the control system. The control system may also adjust the speed of the sorbent panels in response to different ambient environmental conditions, such as temperature, wind speed, wind direction, humidity etc. (see figure 1 and paragraphs [0005]-[0006] and [0043]-[0046]). This is considered equivalent to wherein a controller is configured to control a speed of the web via a speed control unit and adjust the speed of the web via the speed control unit based on a temperature of the web, a temperature of the second zone, and/or a carbon dioxide removal rate, as claimed by the applicant.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Younes, in view of Eisenberger, by further having a controller operatively coupled to the apparatus, as claimed by the applicant, with a reasonable expectation of success, as Lackner teaches a system for capturing atmospheric carbon dioxide comprising a track, a plurality of panels moveably and pivotably coupled to the track, wherein each panel includes a sorbent material and an orientation with respect to the track, a harvest house having a sorbent regeneration system, i.e. second zone, and at least one aperture, and a propulsion system, i.e. drive system, coupled to the track and configured to move each panel of the plurality of panels in a circuit including a collection phase, i.e. first zone, and a release phase, wherein for each panel of the plurality of panels, the collection phase, i.e. first zone, of the circuit includes the panel moving along the track to expose the sorbent material to an airflow and allow the sorbent material to capture atmospheric carbon dioxide and for each panel of the plurality of panels, the release phase of the circuit includes the panel being sufficiently enclosed inside the harvest house that the sorbent regeneration system, i.e. second zone, may operate on the sorbent material to release captured carbon dioxide from the sorbent material and form an enriched gas within the harvest house, and the system may further include a control system communicatively coupled to the propulsion system and is configured to control the propulsion system to enhance the performance of the system, wherein the speed with which the sorbent panels move along the track may be tuned such that each panel is capturing carbon dioxide for its entire journey about the track, and this speed tuning is accomplished using the control system, and the control system may also adjust the speed of the sorbent panels in response to different ambient environmental conditions, such as temperature, wind speed, wind direction, humidity etc., thereby efficiently improving the CO2 removal rate and CO2 collection of the system (see figure 1 and paragraphs [0005]-[0006] and [0043]-[0046]).
In regards to Claim 18, Younes, in view of Eisenberger, discloses the system as recited in claim 11, but fails to disclose wherein the system further comprises a controller operably coupled to the apparatus.
However, Lackner teaches a system for capturing atmospheric carbon dioxide. The system comprises a track and a plurality of panels, i.e. web comprising a sorbent, moveably and pivotably coupled to the track. Each panel includes a sorbent material and an orientation with respect to the track. The system also includes a harvest house having a sorbent regeneration system, i.e. second zone, and at least one aperture, and a propulsion system, i.e. drive system, coupled to the track and configured to move each panel of the plurality of panels in a circuit including a collection phase, i.e. first zone, and a release phase. For each panel of the plurality of panels, the collection phase, i.e. first zone, of the circuit includes the panel moving along the track to expose the sorbent material to an airflow and allow the sorbent material to capture atmospheric carbon dioxide. For each panel of the plurality of panels, the release phase of the circuit includes the panel being sufficiently enclosed inside the harvest house that the sorbent regeneration system, i.e. second zone, may operate on the sorbent material to release captured carbon dioxide from the sorbent material and form an enriched gas within the harvest house. The system may further include a control system, i.e. controller operatively coupled to the apparatus, communicatively coupled to the propulsion system and may modify the orientation of the panel based on an environmental condition observed by the plurality of sensors and/or location of the panel along the track (see figure 1 and paragraphs [0005]-[0006] and [0044]-[0046]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Younes, in view of Eisenberger, by further having a controller operatively coupled to the apparatus, as claimed by the applicant, with a reasonable expectation of success, as Lackner teaches a system for capturing atmospheric carbon dioxide comprising a track, a plurality of panels moveably and pivotably coupled to the track, wherein each panel includes a sorbent material and an orientation with respect to the track, a harvest house having a sorbent regeneration system, i.e. second zone, and at least one aperture, and a propulsion system, i.e. drive system, coupled to the track and configured to move each panel of the plurality of panels in a circuit including a collection phase, i.e. first zone, and a release phase, wherein for each panel of the plurality of panels, the collection phase, i.e. first zone, of the circuit includes the panel moving along the track to expose the sorbent material to an airflow and allow the sorbent material to capture atmospheric carbon dioxide and for each panel of the plurality of panels, the release phase of the circuit includes the panel being sufficiently enclosed inside the harvest house that the sorbent regeneration system, i.e. second zone, may operate on the sorbent material to release captured carbon dioxide from the sorbent material and form an enriched gas within the harvest house, and the system may further include a control system, i.e. controller operatively coupled to the apparatus, communicatively coupled to the propulsion system and may modify the orientation of the panel based on an environmental condition observed by the plurality of sensors and/or location of the panel along the track, thereby further enhancing the performance of the system (see figure 1 and paragraphs [0005]-[0006] and [0044]-[0046]).
Examiner’s Comments
In regards to Claim 15, no art rejection has been made for this claim. It has only been rejected under 35 USC 112(b), as explained in the above office action.
Younes et al. (US Pat. Pub. No. 2022/0212141)- considered the closest prior art of record, discloses a system for removal of carbon dioxide gas, the system comprising: an apparatus comprising:
a web comprising a sorbent (#1300 conveyor belt including a porous medium #320) configured to absorb carbon dioxide (see figure 1A and paragraph [0040]);
a drive system (#1301) operably coupled to the web (#1300), wherein, in operation, the drive system (#1301) transports the web (#1300) from (i) a first zone (#1001a) to (ii) a second zone (#1001c) within an at least partially enclosed area (see figure 1A and paragraphs [0038]-[0040]); and
a heating mechanism (#1104 second inlet configured to receive a condensable gas #1030 which includes steam provided by a steam generation boiler or a renewable energy source with direct steam generation capacity) configured to heat a portion of the web (#1300 conveyor belt) within the second zone (#1001c) to a predetermined minimum temperature, such that (i) the first zone (#1001a) is at a first temperature and the second zone (#1001c) is at a second temperature greater than the first temperature, and (ii) an affinity of the web within the second zone (#1001c) to absorb carbon dioxide decreases (see figure 1A below and paragraphs [0003], [0040]-[0041] and [0050]; Younes discloses a first zone for carbon dioxide adsorption, a second zone for sorbent heating, a third zone for carbon dioxide desorption, and a fourth zone for sorbent cooling. The carbon dioxide sorbent is configured to adsorb carbon dioxide from the carbon dioxide-containing fluid #1010 within the first zone #1001a as the carbon dioxide-containing fluid #1010 flows through the conveyor belt #1300 at a first temperature to produce the carbon dioxide-depleted fluid #1013. The carbon dioxide sorbent is configured to desorb the carbon dioxide captured from the carbon dioxide-containing fluid #1010 within the third zone #1001C, i.e. second zone, at a second temperature to produce the carbon dioxide-rich fluid #1021. The condensable gas #1030 entering the third zone #1001c, i.e. second zone, can heat the carbon dioxide sorbent traveling through the third zone #1001c, i.e. second zone, which facilitates the desorption of carbon dioxide from the carbon dioxide sorbent, and in turn, the regeneration of the carbon dioxide sorbent. The first zone is at a first temperature is from 0ºC to 50ºC, and the third zone #1001c, i.e. second zone, is at a second temperature in a range from 70ºC to 130ºC, i.e. the first zone is a at first temperature and the second zone is at a second temperature greater than the first temperature. Since the second zone is at a second temperature where the carbon dioxide is desorbed, it is considered obvious, that an affinity of the web within the second zone to absorb carbon dioxide decreases, as claimed by the applicant. Further, it is clearly shown in figure 1A that the web is positioned such that an entirety of the web #1300 is not in contact with steam provided via the heating mechanism, as claimed by the applicant, since the condensable gas #1030 from the heating mechanism contacts one side of the conveyor belt #1300, i.e. web, when passing through the third zone #1001c, i.e. second zone.).
Younes discloses a second outlet (#1102) configured to discharge a carbon dioxide-rich fluid from the third zone (#1001c), i.e. second zone (see figure 1A and paragraph [0038]).
The differences between Younes and the instant invention is that Younes does not explicitly disclose a blower configured to remove fluid comprising at least 0.1% carbon dioxide from the second zone, and wherein the apparatus further comprises a collector configured to receive condensed fluid, wherein the collector is at a temperature lower than the predetermined minimum temperature.
Response to Arguments
Applicant’s arguments with respect to Eisenberger have been considered but are moot because Eisenberger is used under a different interpretation.
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that “…[Y]ounes relates to a carbon dioxide capture apparatus having four zones-adsorption, heating, desorption, and cooling-through which a conveyor belt carrying a porous medium with a carbon dioxide sorbent continuously cycles. In Younes, the second zone (heating zone) is filled with a liquid heating medium, and the fourth zone (cooling zone) is filled with a liquid cooling medium. See Younes, FIG. 1A and[0003], [0038]-[0041]. The liquid heating medium in the second zone serves the dual function of (1) heating the sorbent and (2) forming a hydraulic seal between the first zone (adsorption) and the third zone (desorption). See Younes, [0003]. Because the conveyor belt must pass through the liquid-filled second zone to travel from the first zone to the third zone, the sorbent necessarily comes into direct fluid contact with the liquid heating medium in every disclosed embodiment. See Younes, FIG. 1A and [0038]-[0039]. Accordingly, Younes does not teach the web being positioned such that an entirety of the web is not in contact with steam provided via the heating mechanism, as required by the claims. To the contrary, direct contact between the liquid heating medium and the sorbent is an inherent and necessary feature of Younes's architecture. Accordingly, Younes fails to cure the deficiencies of Eisenberger with respect to claim 11.
Examiner respectfully disagrees and points out that firstly, Younes was used as a primary reference for the rejection of claim 11, in a 103 obviousness type combination with Eisenberger. Secondly, as explained in the office action, Younes discloses a heating mechanism identified by reference numerals #1104 and #1030, which is configured to heat a portion of the conveyor belt #1300 within the third zone #1001c, which is equivalent to the second zone claimed by the applicant. Therefore, the sorbent coming into direct fluid contact with the liquid heating medium in every disclosed embodiment is irrelevant. As clearly shown in annotated figure 1A above (see rejection of claim 11 above), the conveyor belt #1300 is clearly positioned such that an entirety of the conveyor belt #1300 is not in contact with steam provided via the heating mechanism, since only a portion of the conveyor belt #1300 is in contact with the steam and the other portions of the conveyor belt #1300 are either within the second zone #1001b or in the fourth zone #1001d. In view of this, the argument is not considered persuasive.
Conclusion
Applicant's amendment necessitated the modified grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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, Claire Wang can be reached at (571) 270-1051. 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.
/JELITZA M PEREZ/ Primary Examiner, Art Unit 1774
Prosecution Insights