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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1 and 3-11 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-4 and 7-12 of copending Application No. 19/634,691 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,542,625 A to Bronicki (Bronicki).
In reference to claim 1, Bronicki discloses a non-condensable gas reinjection system for use in a geothermal power plant, the geothermal power plant including a gas-liquid separator configured to separate geothermal fluid obtained from a production well into a first gas and a first liquid, an evaporator configured to exchange heat between the first gas and a working fluid, a turbine configured to be rotated by the working fluid discharged from the evaporator, and a condenser configured to cool the working fluid that has rotated the turbine and to condense the working fluid into a liquid (since the claim is directed to a “non-condensable gas reinjection system”, the elements following “for use in...” are interpreted as intended use and not as structure required by the claim), the non-condensable gas reinjection system comprising: a pump (36; Fig. 4) configured to pressurize a third liquid (condensate) to be sent to a reinjection well; and an ejector (45A) configured to be driven by the third liquid, to suction a non-condensable gas (“noncondensible gas”; Fig. 4) contained in the first gas (exiting turbine 32) and remaining uncondensed in the evaporator (again, not positively recited as a part of the system and therefore intended use), and to discharge a fourth liquid in which the third liquid and the non-condensable gas are mixed, wherein the first liquid and the fourth liquid are mixed and sent to the reinjection well (“rejection well”).
In reference to claim 2, Bronicki discloses the non-condensable gas reinjection system according to claim 1, wherein the third liquid is a condensate of the first gas condensed in the evaporator (again, the structure of Bronicki would be capable of the intended use).
In reference to claim 3, Bronicki discloses the non-condensable gas reinjection system according to claim 1, wherein the third liquid is a portion of cooling water sent to the condenser (again, the structure of Bronicki would be capable of the intended use).
In reference to claim 4, Bronicki discloses the non-condensable gas reinjection system according to claim 1, wherein the third liquid is a portion of the first liquid (although also intended use, see Fig. 4).
In reference to claim 5, Bronicki discloses the non-condensable gas reinjection system according to claim 1, wherein the geothermal power plant further includes a reinjection pit configured to store the first liquid, and the third liquid is a portion of the first liquid stored in the reinjection pit (again, the structure of Bronicki would be capable of the intended use).
In reference to claim 6, Bronicki discloses the non-condensable gas reinjection system according to claim 1, wherein the ejector is provided on ground (implicit; see Figs. 1-3; the equipment is depicted outside of the wells).
Allowable Subject Matter
Claim 12 is 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.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0003460 A1, 2011/0239649 A1, WO 2014/145349 A1 and JP H09-177507 A each disclose reinjection systems relevant to at least claim 1 and may be relied upon in a subsequent Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MATTHIAS whose telephone number is (571)272-5168. The examiner can normally be reached Monday-Wednesday 10am - 6pm Pacific Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi III can be reached at (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN R MATTHIAS/Primary Examiner, Art Unit 3746
29 September 2026
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