DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner Request
The applicant is requested to provide line numbers to each claim in all future claim submissions to aide in examination and communication with the applicant about claim recitations. The applicant is thanked for aiding examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1, 6, 7, 9-13, 19-20 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 1, the recitation, “intercooling stages disposed between an upstream side and a downstream side of the second compressor stages, the inter-cooling stages comprising a first inter-cooling stage to receive flow from the first pair of second compressor stages and deliver flow to the second pair of second compressor stages and a second inter-cooling stage to receive flow from one of the first pair of second compressor stages and deliver flow to the other of the first pair of second compressor stages;” encompasses new matter and is not fully supported. The disclosed and elected invention (Fig. 4) does not support a second inter-cooling stage located as claimed. The disclosure shows that the first intercooling stage is located to receive flow from the first pair of the second compressors and to deliver flow to the second pair of the second compressors (see the first 320 in Fig. 4). The second inter-cooling stage (the second 320) is located to receive flow from one of the second pair of the second compressor stages and deliver flow to the other of the second pair of the second compressor stages; Not to receive flow from one of the first pair of the second compressor stages and deliver flow to the other of the first pair of the second compressor stages.
The recitation, “a third heat exchanger coupled to both the cooling loop and to the pre-cooling loop, the third heat exchanger for transferring heat from the natural gas to the first refrigerant;” is new matter in combination with the recitation, “a first heat exchanger coupled to both the cooling loop and to the pre-cooling loop, the first heat exchanger for transferring heat from both of a natural gas and the second refrigerant to the first refrigerant;” since the disclosure shows that the invention does not have two heat exchangers coupled to both the cooling loop and to the pre-cooling loop (see Fig. 2). Only one of the disclosed heat exchangers (170) is coupled to both the cooling loop and to the pre-cooling loop and the other is only coupled to the pre-cooling loop.
Therefore, the recitations relative to the first heat exchanger and the third heat exchanger are new matter.
The applicant will further note that the original disclosure only describes a first heat exchanger device (170) and there is no mention whatsoever of a third heat exchanger as claimed and the presently recited first heat exchanger has no support since the alleged first heat exchanger (the top 170 in Fig. 2) does not transfer heat from both natural gas and the second refrigerant as claimed, but only transfers heat from the second refrigerant to the first refrigerant and the alleged third heat exchanger (lower heat exchanger 170 in Fig. 2) only cools natural gas with the first refrigerant and is not coupled to both the pre-cooling loop and the cooling loop, but is only coupled to the pre-cooling loop and therefore the recitations introduce new matter.
Further it is noted that the cooling of the natural gas with the first refrigerant (of the pre-cooling loop) and the cooling of the second refrigerant with the first refrigerant is entirely disclosed by the teachings of the prior art (see Fig. 1) and the pre-cooling features of the applicant’s elected invention is not different from the prior art.
It is considered that these amendments are clearly new matter and it is presumed that the applicant is merely making mistakes in claiming the disclosed invention and that this is not an effort to pursue a non-elected alternative. A Notice of non-responsive amendment will be issued if the applicant attempts to pursue mutually exclusive non-elected species.
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.
Claim(s) 1, 6, 7, 9-13, 19, 20 is/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 pre-AIA the applicant regards as the invention.
In regard to claim 1, the recitations, “a second pair of first compressor stages” and “a second pair of second compressor stages” is indefinite for improperly reintroducing “first compressor stages” and “second compressor stages” anew when first compressors stages and second compressor stages were already introduced previously.
Likewise, all of the later recitations that refer to the first and second pairs of the first and second compressor stages fail to properly recite “the first compressor stages” and “the second compressor stages”. The applicant is encouraged to amend all of the later recitations that refer to first compressor stages or second compressor stages to properly reference the first compressor stages and the second compressor stages to provide clarity. For example, “the first pair of the second compressor stages” rather than “the first pair of second compressor stages”. All such recitations should be corrected.
The recitation, “intercooling stages disposed between an upstream side and a downstream side of the second compressor stages, the inter-cooling stages comprising a first inter-cooling stage to receive flow from the first pair of second compressor stages and deliver flow to the second pair of second compressor stages and a second inter-cooling stage to receive flow from one of the first pair of second compressor stages and deliver flow to the other of the first pair of second compressor stages;” is indefinite for many reasons.
First, the recitation employs the same term, “flow” to apparently refer to several different streams and it is unclear if this is the same stream or various streams.
Second, the recitation is unclear for not being explicitly contradictory to the disclosure (see Fig. 4) which shows a first inter-cooling stage (first 320) and a second inter-cooling stage (second 320), but does not teach any intercooling stage between one of the first pair of the second compressor stages and the other of the first pair of second compressor stages, instead shows intercooling between the second pair of the second compressor stages and therefore the recitation is entirely indefinite for being contradictory to the disclosed and elected invention and thereby creating total confusion.
Third, the recitation is indefinite for improperly reintroducing “first compressor stages” and “second compressor stages” anew when first compressors stages and second compressor stages were already introduced previously.
The recitation, “a third heat exchanger coupled to both the cooling loop and to the pre-cooling loop, the third heat exchanger for transferring heat from the natural gas to the first refrigerant;” is indefinite in combination with the recitation, “a first heat exchanger coupled to both the cooling loop and to the pre-cooling loop, the first heat exchanger for transferring heat from both of a natural gas and the second refrigerant to the first refrigerant;” since the recitations are not consistent with the disclosure there are no two heat exchangers that both cool the natural gas. Rather there is cooling of the natural gas in one and cooling of the second refrigerant in the other. It is entirely unclear how to interpret the present recitations since they are not supported and are inconsistent with the disclosed invention.
In regard to claim 7, the recitation, “the second pair of first compressor stages and the first pair of first pair of first compressor stages are arranged on opposite ends of the first shaft and the second shaft, respectively.” is indefinite for being inconsistent with the limitations of claim 1. Claim 1 states that the first pair of the first compressor stages are coupled with the first shaft and that the second pair of the first compressor stages are coupled with the second shaft.
Therefore, the present recitation is backwards and not consistent with the recitations of claim 1 and this creates ambiguity.
In regard to claim 10, the recitation, “the first heat exchanger device” is indefinite for lacking proper antecedent basis and is a relic of former amendments.
All of the claims have been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, and it is considered that none of the claim recitations should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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(s) 1, 6, 7, 9-13, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pellagotti (US 2016/0040927) in view of Jager (US 2009/0314030) and Prumper (US 5154571). See the 112 rejections and note that the prior art teaches the limitations as far as supported and understood.
In regard to claim(s) 1, 6, 7, 13, Pellagotti teaches a natural gas liquefaction system (see whole disclosure, including Fig. 2), comprising:
an integrally-geared turbo-compressor (109; para. 33, 36) comprising:
a first gear wheel (163),
a first shaft (159) and a second shaft (161) coupled to the first gear wheel (163),
a first pair (109CD) of first compressor stages (109ABCD) coupled with the first shaft (159),
a second pair (109AB) of the first compressor stages (109ABCD) coupled with the second shaft (161);
second compressor stages (131, 133, multiple stages of the multistage mixed refrigerant compressor - para. 48) including a first pair of the second compressor stages (131, para. 48) and the second pair of the second compressor stages (133, para. 48);
a first intercooling stage (137) disposed between an upstream side (before 131) and a downstream side (after 133) of the second compressor stages (131, 133), the first intercooling stage (137) receives flow from the first pair of the second compressor stages (131) and delivers the flow to the second pair of the second compressor stages (133);
a prime mover (gas turbine, para. 36) coupled to the first gear wheel (163);
a pre-cooling loop (103; para. 31, 33) through which a first refrigerant (first refrigerant - propane - para. 31) is adapted to circulate through a first condenser (115; para. 40), wherein the first pair (109CD) of the first compressor stages (109ABCD, propane stages) and the second pair (109AB) of the first compressor stages (109ABCD) are adapted to pressurize the first refrigerant (propane) upstream of the first condenser (115); wherein the prime mover (gas turbine, para. 36) drives each of the first compressor stages (multi-stages para. 35);
a cooling loop (105), through which a second refrigerant (second refrigerant - mixed refrigerant - para. 31) is adapted to circulate through a second condenser (139, para. 50), wherein second compressor stages (mixed refrigerant stages; para. 48) are adapted to pressurize the second refrigerant (mixed refrigerant) upstream of the second condenser (139);
a first heat exchanger (125ABCD) coupled to both the cooling loop (105) and to the pre-cooling loop (103), the first heat exchanger (125ABCD) for transferring heat from the second refrigerant (second refrigerant - mixed refrigerant) to the first refrigerant (first refrigerant - propane); and
a second heat exchanger (145) coupled only to the cooling loop (105), the second heat exchanger (145) for transferring heat from the natural gas (para. 32) to the second refrigerant (second refrigerant - mixed refrigerant);
a third heat exchanger (123ABCD) coupled to the pre-cooling loop (103), the third heat exchanger (123ABCD) for transferring heat from the natural gas (para. 32) to the first refrigerant (first refrigerant - propane)
wherein the pre-cooling loop (103) is configured to divide the first refrigerant (first refrigerant - propane) into a plurality of precooling streams (117 to 123ABCD and on to 130ABCD) and to direct one of the plurality of precooling streams (130D) to each of the first compressor stages (109ABCD)(see that 130D goes through each of the first compressor stages (109ABCD).
Pellagotti does not explicitly teach that the prime mover is a single prime mover that also drives the second compressor stages (mixed refrigerant stages) by driving the first gear wheel (163), and the first gear wheel (163) drives a second gear wheel engaged with the first gear wheel (163), a third shaft and a fourth shaft coupled with the second gear wheel, the first pair of the second compressor stages (131) coupled with the third shaft, and the second pair of the second compressor stages (133) coupled with the fourth shaft.
However, Pellagotti teaches that the first compressor stages (propane stages) and second compressor stages (mixed refrigerant stages) may each be driven by a gas turbine (para. 36, 49). In addition, Jager teaches that a single prime mover (116) may be used to drive both propane compression stages (114, para. 40, 53, 63) and mixed refrigerant compression stages (122; para. 40, 53, 63) for the purpose of reducing the space requirements (para. 54) lowering capital and running costs (para. 63) and teaches that such a single prime mover may desirably be a gas turbine (para. 64).
In addition, it is well known to combine the transmissions of several multistage turbocompressors as taught by Prumper. Prumper teaches a multistage turbocompressor (see figure and whole disclosure) that comprises: a second gear wheel (5, 51, 52) engaged with a first gear wheel (2), a third shaft (shaft of 6) and a fourth shaft (shaft of 7) coupled with the second gear wheel (5, 51, 52), a first pair of second compressor stages (compression stages mounted to shaft of 6) coupled with the third shaft (shaft of 6), and a second pair of second compressor stages (compression stages mounted to shaft of 7) coupled with the fourth shaft (shaft of 7); wherein a prime mover (connected to driveshaft 1, column 2, line 31) drives the first gear wheel (2). In addition, Prumper teaches a first shaft (shaft of 3) and a second shaft (shaft of 4) coupled with the first gear wheel (2), a first pair of first compressor stages (compressor stages mounted on shaft of 3) coupled with the first shaft (shaft of 3), a second pair of first compressor stages (compressor stages mounted on shaft of 4) coupled with the second shaft (4) (column 2, line 35-38). Prumper teaches that the first and the second gear wheel permit two turbocompressors to be arranged in one housing (column 2, line 10-15) and provide high pressure ratios, satisfactory efficiencies and provide suitable control of the compression stages (column 1, line 65-67) and permits a single driver (see driveshaft 1) to provide power to many compression stages that operate at differing speeds.
Therefore it would have been obvious to a person of ordinary skill in the art to modify Pellagotti to drive the first and the second pair of the first compressor stages (propane stages) and the first and the second pair of second compressor stages (mixed refrigerant stages) with a single gas turbine for the purpose of reducing space requirements and reducing capital costs and running costs; and further to modify the second compression stages (131, 133) of Pellagotti to be provided with the second gear wheel, third shaft, and fourth shaft as detailed above by Prumper for the purpose of distributing the power from the gas turbine not only to the propane compression stages but also to the mixed refrigerant compression stages to permit the ability to operate both multistage compressors with the same power source and also be able to operate the stages at different speeds and to reduce the space requirements by providing one housing (column 2, line 10-15) and providing desirable pressure ratios and efficiencies and suitable control of (column 1, line 65-67) so as to obtain the operational advantages provided by the transmission of Prumper while maintaining low costs with a single prime mover.
Note that the modification of Pellagotti by the teachings of Jager and Prumper as outlined, results in the second gear wheel (5, 51, 52-Prumper) engaged with the first gear wheel (163-Pellagotti), a third shaft (shaft of 6-Prumper) and a fourth shaft (shaft of 7-Prumper) coupled with the second gear wheel (5, 51, 52-Prumper), the first pair of the second compressor stages (131, para. 48-Pellagotti) coupled with the third shaft (shaft of 6-Prumper), and the second pair of the second compressor stages (133, para. 48-Pellagotti) coupled with the fourth shaft (shaft of 7-Prumper); the single prime mover (Jager -116) drives the first gear wheel (163), the first gear wheel (163) drives the second gear wheel (Prumper- 5, 51, 52) so that the single prime mover (Jager -116) drives each of the first compressor stages (109ABCD) and the second compressor stages (131, 133).
In addition, Pellagotti does not teach an intercooling stage between one (one stage of 133) of the second pair of second compressor stages (of 133) and deliver flow to the other (other stage of 133) of the second pair (133) of second compressor stages.
However, providing intercooling between compression stages is routine and ordinary as immediately demonstrated by the teachings of Pellagotti (see intercooling 153, 155, 157 between compression stages 109ABCD). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the second pair of the second compressor stages (133) of Pellagotti to have intercooling at least between the second pair of the second compressors (133) for the purpose of reducing the temperature of the compressed fluid and for improving the efficiency of the second compressing stages as is routine and ordinary for compression stages.
In regard to claim 6, Pellagotti, as modified, teaches the limitations of claim 6, since Prumper teaches that the diameter of the second gear wheel (5, 51, 52-Prumper) is smaller than the diameter of the first gear wheel (2-Prumper corresponding to the first gear wheel 163 in Pellagotti).
In regard to claim 7, Pellagotti teaches that the second pair (109AB) of the first compressor stages (109ABCD) and the first pair (109CD) of the first compressor stages (109ABCD) are arranged on opposite ends of the second shaft and the first shaft respectively (161, 159).
In regard to claim 9, Pellagotti teaches a plurality of first expansion elements (119ABCD) sequentially arranged in the pre-cooling loop (103) and configured for expanding the first refrigerant (first refrigerant - propane) at a plurality of decreasing pressure levels (para. 42).
In regard to claim 10, Pellagotti teaches at least one first auxiliary expansion element (one of 121ABCD) arranged in the pre-cooling loop (103) and at least one first auxiliary heat exchanger (one of 125ABCD) of the first heat exchanger (125ABCD) configured for receiving a portion of said first refrigerant (propane) expanded through the at least one first auxiliary expansion element (one of 121ABCD) and for transferring the heat from the second refrigerant (mixed refrigerant) to the first refrigerant (propane refrigerant).
In regard to claim 11, Pellagotti teaches a plurality of first auxiliary expansion elements (121ABCD) sequentially arranged in the pre-cooling loop (103) and configured for expanding the first refrigerant (propane) at a plurality of decreasing pressure levels (para. 44).
In regard to claim 12, Pellagotti teaches that the first refrigerant (propane) comprises a gas with a molecular weight of 40 (para. 31).
In rehearsal in regard to claim 13, Pellagotti, as modified, teaches that the single prime mover is a gas turbine (see para. 36, 49 and modification above).
In regard to claim 19, Pellagotti, as modified, teaches that the first gear wheel (2-Prumper corresponding to the first gear wheel 163 of Pellagotti) and the second gear wheel (5, 51, 52) mesh directly with one another (see the figure).
In regard to claim 20, Pellagotti, as modified, teaches that the second refrigerant (second refrigerant - mixed refrigerant) is a mixed refrigerant (para. 31).
Response to Arguments
Applicant's arguments filed 4/28/2025 have been fully considered and are that the amendment overcomes the prior art, however they are not persuasive as the detailed rejection makes clear above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN F PETTITT whose telephone number is (571)272-0771. The examiner can normally be reached on M-F, 9-5p. 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): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763
JFPIII
May 2, 2025