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
Applicant’s election without traverse of Group I, claims 1 and 3, in the reply filed on July 18, 2025 is acknowledged. Claim 2 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Specification
The abstract of the disclosure is objected to because the sentence, “FIG. 5 depicts the overall process flow of the system.” should be omitted. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to because the reference numerals and the part names shown in Figure 4 are illegible.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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.
Claims 1 and 3 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 3 are narrative in form and replete with indefinite language. The claims fail to conform with current U.S. practice. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claims must be in one sentence form only. Note the format of the claims in the patents cited.
Furthermore, in claim 1, it appears that applicant is attempting to claim the apparatuses shown in Figure 5 (based on the recitation at line 3) and Figure 6 (based on the recitation at line 24). Also, in claim 3, it appears that applicant is attempting to claim the apparatuses shown in Figure 8 (based on the recitation at line 3) and Figure 9 (based the recitation at line 12). However, the incorporation by reference to specific figures “is permitted only in exceptional circumstances where there is no practical way to define the invention in words… Incorporation by reference is a necessity doctrine, not for applicant’s convenience.” Rather, the claims should be complete in themselves. See MPEP § 2173.05(s). It is further unclear as to what feature(s) as shown by the figures are to be included or excluded from the claim language.
Claims 1 and 3 are further rejected as prolix for containing such long recitations or unimportant details that the metes and bounds of the claimed apparatus cannot be determined. See MPEP § 2173.05(m).
Claims 1 and 3 are further rejected as being indefinite because it appears that applicant is attempting to claim both an apparatus and the method steps of using the apparatus in a single claim. See MPEP § 2173.05(p), II.
Prior Art References
A determination on the patentability of claims 1 and 3 could not be made because the metes and bounds of the claimed subject matter could not be ascertained, for the reasons set forth in the rejections under 35 U.S.C. 112(b), above. However, as best understood, the following prior art references are considered to be pertinent to applicant's disclosure:
Gordon (US 2013/0272926) discloses an ammonia producing apparatus 100 of a first embodiment (see FIG. 1; paragraphs [0028]-[0054]), comprising:
a pressure swing adsorption (PSA) air separation unit 102 for receiving air as an input and outputting oxygen (O2) and nitrogen (N2);
a nitrogen storage tank for storing nitrogen produced by the air separation unit 102 (i.e., reading on a chamber of piston-cylinder compressor 104, which temporarily stores nitrogen received from the air separation unit 102);
an electrolyzer (i.e., an electrolysis cell 116 that is a water electrolysis hydrogen generator) for receiving water as an input and outputting oxygen (O2) and hydrogen (H2);
a hydrogen storage tank for storing hydrogen produced by the electrolyzer 116 (i.e., reading on a chamber of a piston-cylinder compressor 112, which temporarily stores hydrogen from the electrolyzer 116);
a gas booster (i.e., a piston-cylinder compressor 108) for receiving nitrogen from the nitrogen storage tank 104 and hydrogen from the hydrogen storage tank 112, the gas booster 108 combining the nitrogen with the hydrogen to form a reaction mixture (N2+H2) and further increasing the pressure of the reaction mixture;
a synthesis reactor (i.e., a pipe with a catalyst bed 136) for reacting the nitrogen with the hydrogen to produce a product gas containing ammonia (NH3) and unreacted gases; and
a recycle loop (i.e., a loop including a loop 118 and a return line equipped with a valve 134) for receiving the product gas from the synthesis reactor 136, separating ammonia from the product gas (i.e., in a separator 120), and recycling the unreacted gases to the synthesis reactor 136 (i.e., via the line equipped with the valve 134).
Gordon (at paragraph [0028]) discloses, “As will become apparent, in different applications, system 100 may be implemented on different scales. For example, it may form a part of a production plant (not shown) or the fuel source in an automobile (not shown).”
Gordon (at paragraph [0073]) further discloses, “During reaction, the temperature in compressor 108 may be controlled. For example, a cooling coil (not shown) may be provided around compressor 108 to remove heat generated by the reaction. The removed heat energy may be provided to another component, such as the unit for generating hydrogen with electrolysis cell 116.”
Gordon also discloses an ammonia producing apparatus 200 of a second embodiment (see FIG. 2, 3A-3B; paragraphs [0087]-[0101]), comprising:
a hydrogen storage tank (i.e., a hydrogen gas cylinder 208) for storing hydrogen;
a nitrogen storage tank (i.e., a nitrogen gas cylinder 216) for storing nitrogen;
a hydrogen gas booster 210 for boosting the pressure of hydrogen received from the hydrogen storage tank, the hydrogen gas booster 210 receiving compressed air as a driving force to compress the hydrogen (see paragraph [0092]);
a nitrogen gas booster 218 for boosting the pressure of nitrogen received from the nitrogen storage tank, the nitrogen gas booster 218 receiving compressed air as a driving process to compress the nitrogen (see paragraph [0093]);
mass flow controllers (see FIG. 3A; paragraphs [0095]-[0096]) for respectively controlling the mass flow of hydrogen through a hydrogen gas flow control system 214 and nitrogen through a nitrogen gas flow control system 222;
a synthesis reactor (i.e., an ammonia synthesis reactor 206) for receiving hydrogen from the hydrogen gas booster 210 and nitrogen from the nitrogen gas booster 218, the synthesis reactor 206 having a heating zone 232 wrapped with heating tape (see FIG. 4; paragraph [0097]), and the synthesis reactor 206 reacting the hydrogen with the nitrogen to form a product gas containing ammonia and unreacted gases; and
a recycle loop (i.e., a loop shown by dashed line, including a recycle gas booster) for receiving the product gas, separating ammonia from the product gas (i.e., in a phase separator, which removes liquid ammonia to an ammonia collection tank 228), and recycling the unreacted gases (i.e., via the recycle gas booster) to the synthesis reactor 206.
Fillet (US 5,797,980) discloses an apparatus for the separation of nitrogen from air (see FIG. 1), comprising: an air compressor 1 for compressing atmospheric air; air-water separation apparatus 2 for separating water from compressed air; a heat exchanger 10 for cooling the compressed air; a second phase separator 11 for removing water from the compressed air; and a permeator 12 for separating nitrogen (N2) from the compressed air. Alternatively, the air separation can be conducted by pressure swing adsorption unit (PSA) (see column 1, lines 38-44). Fillet further discloses a cooling water circuit for cooling the air compressor 1, wherein the cooling water circuit includes a water reservoir (i.e., a buffer tank 6) for storing water used for cooling the air compressor 1, the water reservoir 6 having an inlet for receiving make-up water (i.e., from a supply conduit 13 connected to an external source of water) and an inlet for receiving water that was separated by the air-water separation apparatus 2 and the second phase separator 11; an air-cooled cooler 7 for lowering the temperature of water received from the water reservoir 6; and a loop for circulating water between the air compressor 1 and the water reservoir 6, such that cooled water is used to lower the temperature of the air compressor 1 by absorbing heat generated during the compression of the atmospheric air, and heated water leaving the air compressor 1 is returned to the water reservoir 6 for re-use. A portion of the heated water can also be discharged from the system (i.e., through line 23).
Ballantine et al. (US 2021/0179451) discloses an ammonia producing apparatus 100 (see FIG. 1A-1E) comprising: a pressure swing adsorption (PSA) air separation unit (i.e., a nitrogen source 152 comprising a pressure swing adsorber; see paragraph [0038]) for generating nitrogen from air; a proton exchange membrane (PEM) electrolyzer (i.e., an electrolyzer 108 comprising an electrochemical cell including a proton exchange membrane 138; see FIG. 1C, paragraph [0030]) for generating oxygen and hydrogen from water (i.e., received from a water source 102); and a synthesis reactor (i.e., an ammonia synthesis reactor 150; see paragraph [0034]) for producing ammonia using nitrogen received from the air separation unit 152 (i.e., via line 154) and hydrogen received from the PEM electrolyzer 108 (i.e., via line 140). The unreacted water from the PEM electrolyzer 108 (i.e., as oxygen-enriched water; see paragraph [0031]) may flow back to the water source via conduit 142.
Sanchez et al. (Sustainable Production and Consumption 16 (2018) 176-192) discloses an ammonia producing apparatus (see FIG. 2; 2. Ammonia production), comprising: a pressure swing adsorption (PSA) air separation unit for producing nitrogen from air (see also FIG. 5; 3.3.3. PSA Systems); a water electrolysis unit for producing hydrogen from water (see also 3.2. Hydrogen production and purification); and a synthesis reactor for producing ammonia using the nitrogen from the air separation unit and hydrogen from the water electrolysis unit (see also 3.4. Ammonia synthesis). Scale-up and scale-down issues of the ammonia producing apparatus are further evaluated (see 5. Results and discussion).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A LEUNG whose telephone number is (571)272-1449. The examiner can normally be reached Monday - Friday 9:30 AM - 4:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLAIRE X 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.
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/JENNIFER A LEUNG/Primary Examiner, Art Unit 1774