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 1-13, in the reply filed on April 27, 2026 is acknowledged.
Group II, claims 14-20, is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claims 5-7 are objected to because of the following informalities:
In claim 5, --is-- should be inserted before “recycled” (at line 2).
In claim 6, “productions” (at line 3) should be changed to --products--. Furthermore,
--and-- should be inserted after “air” (at line 5).
In claim 7, --is-- should be inserted before “recycled” (at line 2).
Appropriate correction is required.
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 1-13 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.
Regarding claim 1, the relationship between “an oxygen containing stream” (at line 35) and “an oxygen containing stream” previously set forth in the claim (at lines 30-31) is unclear.
Regarding claim 2, the recitation of “the stream comprising oxygen to the combustion chamber” (at lines 1-2) lacks proper positive antecedent basis.
Regarding claim 4, the recitation of “the stream comprising oxygen to the combustion chamber” (at lines 1-2) lacks proper positive antecedent basis.
Regarding claim 6, the recitation of “the stream comprising oxygen to the combustion chamber” (at lines 1-2) lacks proper positive antecedent basis.
Also, the recitation of “the stream comprising oxygen to the same or a different combustion chamber” (at lines 3-4) lacks proper positive antecedent basis.
Also, the recitation of “the exhaust stream” (at lines 4-5) lacks proper positive antecedent basis.
Regarding claim 7, the limitation “at least part of the flue gas from the combustion chamber [is] recycled to the oxygen separation module” is considered indefinite because claim 6, from which this claim depends, sets forth two combustion chambers, including “the combustion chamber” (at line 2) and “a different combustion chamber” (at line 4). It is unclear as to which combustion chamber is being referenced by the claim.
The remaining claims are also rejected because they depend from a rejected base claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4, and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Serhal et al. (US 2018/0305278 A1) in view of Ye et al. (US 5,447,555 A).
Regarding claim 1, Serhal et al. discloses a chemical complex for oxidative dehydrogenation of C2-C4 alkanes (see FIG. 1), comprising:
an oxidative dehydrogenation reactor 1, a quench tower 2, an amine wash tower 3, a dryer 4, a distillation tower 5, and an oxygen separation module 6 (paragraph [0086]);
wherein the oxidative dehydrogenation reactor 1 comprises a mixed metal oxide catalyst (paragraphs [0104]-[0116]) and is designed to accept an oxygen containing gas (i.e., via an oxygen line 7) and a C2-C4 alkane containing gas (i.e., via an alkane line 8), and to produce a product stream (i.e., via an ODH reactor product line 9) comprising a corresponding C2-C4 alkene and one or more of: an unreacted C2-C4 alkane; oxygen; one or more carbon oxides selected from carbon dioxide and carbon monoxide; one or more oxygenates selected from acetic acid, acrylic acid and maleic acid; and water (paragraphs [0132]-[0133]);
wherein the quench tower 2 is adapted to quench the product stream 9 and remove water and soluble oxygenates (i.e., via a bottom outlet 10) from the product stream to provide a quenched product stream (i.e., via a quench tower overhead line 11), (paragraph [0087]);
wherein the amine wash tower 3 is adapted to remove carbon dioxide (i.e., via a carbon dioxide bottom outlet 12) from the quenched product stream 11 to provide a washed product stream (i.e., via an amine wash tower overhead line 13), (paragraph [0087]);
wherein the dryer 4 is adapted to remove water from the washed product stream 13 to provide a dried product stream 14, (paragraph [0087]);
wherein the distillation tower 5 is adapted to remove C2/C2+ hydrocarbons (i.e., via a C2/C2+ hydrocarbons bottom outlet 15) from the dried product stream 14 to produce an overhead stream 16 comprising C1 hydrocarbons, (paragraph [0087]); and
wherein the oxygen separation module 6 (paragraphs [0088]-[0089], [0143]) comprises:
an oxygen transport membrane 19 housed inside a sealed vessel and having a retentate side 17 and a permeate side 18;
a first inlet for introducing the overhead stream 16 into the retentate side 17 (i.e., the overhead stream 16 may be directed into either of retentate side 17 or permeate side 18, optionally directed by means of flow controlling means 26 (FIG. 3D));
a second inlet for introducing the overhead stream 16 into the permeate side 18 (i.e., the overhead stream 16 may be directed into either of retentate side 17 or permeate side 18, optionally directed by means of flow controlling means 26 (FIG. 3D)));
an air inlet (i.e., via an air input 20) for introducing air into the retentate side 17;
an exhaust stream outlet (i.e., via an exhaust 21) for discharge of oxygen depleted air from the retentate side 17; and
an outlet stream (i.e., via an oxygen enriched bottom line 22) for removing oxygen enriched gas from the permeate side 18;
wherein the oxygen enriched gas 22 from the permeate side 18 is directed back to the oxidative dehydrogenation reactor 1 to make up at least part of the oxygen containing gas introduced into the oxidative dehydrogenation reactor 1 (paragraph [0089]).
Serhal et al. (at paragraph [0090]) further discloses,
“Oxygen transport membrane 19 is temperature dependent, only allowing transport of oxygen when the temperature reaches at least 850° C.”
Serhal et al. (at paragraph [0150]) further discloses,
“Theoretically, the oxygen transport membrane can reach 850° C. due to the exothermic nature of combustion of the C1 hydrocarbons present in the overhead stream. However, in instances where the C1 hydrocarbons (as the sole source of feedstock for combustion) are insufficient to reach the required temperature, the present disclosure contemplates the addition of combustible fuel to the oxygen separation module to include an independent means for heating the oxygen separation module, including the oxygen transport membrane. For instance a separate line may add a combustible fuel, for example, methane, either into the overhead stream before entering the oxygen separation module (e.g., line 23 in FIG. 1), or directly into the oxygen separation module. Alternatively a heat exchanger or other means may be employed to heat the module to the required temperature. It is preferred that when using a heat exchanger or other means for heating that heat is distributed evenly throughout the module. The present disclosure also contemplates heating the overhead stream just upstream of the oxygen separation module.”
Serhal et al., however, fails to disclose an [external] combustion chamber; wherein the combustion chamber is adapted to receive the overhead stream 16 and the fuel stream 23 and combust the overhead stream to produce heat and flue gas for raising the temperature of the oxygen transport membrane 19 to the required temperature of at least 850° C; and wherein the flue gas is used to provide heat to the oxygen separation module 6 either by introducing the flue gas to the oxygen separation module 6, or by using the flue gas to heat an oxygen containing stream that is introduced to the oxygen separation module 6.
Ye et al. discloses an apparatus (i.e., an ion transport membrane system for recovering high-purity oxygen; see FIG. 1; column 4, lines 35-65) comprising:
an external combustion chamber (i.e., a combustor 109 or 129) and an oxygen separation module (i.e., a membrane zone 113 comprising an oxygen-selective ion transport membrane 115);
wherein the combustion chamber is adapted to receive a fuel stream (i.e., via a fuel line 111 which leads to the combustor 109, or via a fuel line (dashed-line, shown) which leads to the combustor 129) and combust the fuel stream, the combustion chamber being capable of producing heat and a flue gas (i.e., a heated stream 112 comprising combustion products leaving the combustor 109, or a heated stream (not labeled) comprising combustion products leaving the combustor 129) at a temperature of about 850 °C to about 1500 °C (i.e., the heated stream can be heated to a temperature from 500-1200 °C by the combustor, see column 5, lines 15-17; e.g., the heated stream can be heated to a temperature that maintains a membrane temperature of 850 °C, see Examples 1 and 2); and
wherein the flue gas is used to provide heat to the oxygen separation module either by:
i) introducing the flue gas to the oxygen separation module (i.e., the heated stream 112 from the combustor 109 can flow directly to the membrane zone 113 to provide heat to the membrane zone 113); or
ii) using the flue gas to heat an oxygen-containing stream that is introduced to the oxygen separation module (i.e., alternatively, the combustor 109 can be an indirect system, i.e., a process furnace, in which the stream 107 is indirectly heated by combustion of fuel 111 with outside air (not shown), whereby the heated stream 112 passes without composition change to the membrane zone 113, see column 4, lines 47-52; also, the heated stream from the combustor 129 flows through a heat exchanger 105, wherein the heated stream exchanges heat with a compressed air feed stream 104 in order to heat the compressed air stream that is introduced to the membrane zone 113 and provide heat to the membrane zone 113).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed combustion chamber for supplying heat to the oxygen separation module in the chemical complex of Serhal et al. because the claimed combustion chamber would have also satisfactorily raised the temperature of the oxygen separation module to the required temperature for enabling the transport of oxygen through the oxygen transport membrane, as taught by Ye et al.
Regarding claim 4, Ye et al. (see FIG. 1) discloses that the stream comprising oxygen to the combustion chamber 129 comprises at least part of the oxygen-depleted air and combustion products from the retentate side (i.e., the non-permeate stream 125, which contains oxygen, is fed to the combustor 129).
Regarding claim 8, the limitation of a specific temperature of the oxygen transport membrane being from about 850 °C to about 1250 °C is directed to an intended use of the apparatus. Serhal et al. discloses that the oxygen transport membrane 19 is operable at temperatures not less than 850 °C, for instance, temperatures that exceed 850 °C and approach 1000 °C (see paragraphs [0054], [0144]). Therefore, the modified chemical complex of Serhal et al. would be capable of performing the intended use as claimed.
Regarding claim 9, the limitation of a specific temperature of the oxygen transport membrane being from about 850 °C to about 1000 °C is directed to an intended use of the apparatus. Serhal et al. discloses that the oxygen transport membrane 19 is operable at temperatures not less than 850 °C, for instance, temperatures that exceed 850 °C and approach 1000 °C (see paragraphs [0054], [0144]). Therefore, the modified chemical complex of Serhal et al. would be capable of performing the intended use as claimed.
Regarding claim 10, Ye et al. (see FIG. 1) discloses that the combustion chamber is operable at a pressure from atmospheric to about 700 kPag (i.e., the combustor 109 receives compressed air at 15-500 psia, see column 4, lines 35-37; the combustor 129 receives the non-permeate stream 125 from the membrane zone 113, which is also under elevated pressure; e.g., in Example 1, the compressor 103 discharge pressure was 29.7 psia and the membrane zone 113 feed side (non-permeate side) pressure was 24.7 psia; for reference, 1 psi = 6.89 kPa).
Regarding claim 11, Serhal et al. (see paragraphs [0105]-[0115]) discloses that the mixed metal oxide catalyst comprises one or more compounds selected from:
i) catalysts of the formula: MoaVbTecNbdPdeOf
wherein a, b, c, d, e and f are the relative atomic amounts of the elements Mo, V, Te, Nb, Pd and O, respectively; and when a=1, b=0.01 to 1.0, c=0 to 1.0, d=0 to 1.0, 0≤e≤0.10 and f is a number to satisfy the valence state of the catalyst; (at paragraphs [0106]-[0107]);
ii) catalysts of the formula: NigAhBiDjOf
wherein: g is a number from 0.6 to 0.8; h is a number from 0.04 to 0.9; i is a number from 0 to 0.5; j is a number from 0 to 0.5; and f is a number to satisfy the valence state of the catalyst; A is selected from the group consisting of Ti, Ta, V, Nb, Hf, W, Y, Zn, Zr, Si and Al or mixtures thereof; B is selected from the group consisting of La, Ce, Pr, Nd, Sm, Sb, Sn, Bi, Pb, Tl, In, Te, Cr, Mn, Mo, Fe, Co, Cu, Ru, Rh, Pd, Pt, Ag, Cd, Os, Ir, Au, Hg, and mixtures thereof; D is selected from the group consisting of Ca, K, Mg, Li, Na, Sr, Ba, Cs, and Rb and mixtures thereof; and O is oxygen; (at paragraphs [0108]-[0109]);
iii) catalysts of the formula: MoaEkGlOf
wherein: E is selected from the group consisting of Ba, Be, Ca, Cr, Mn, Nb, Ta, Ti, Te, V, W and mixtures thereof; G is selected from the group consisting of Al, Bi, Ce, Co, Cu, Fe, K, Mg, V, Ni, P, Pb, Sb, Si, Sn, Ti, U, and mixtures thereof; a=1; k is 0 to 2; l=0 to 2, with the proviso that the total value of 1 for Co, Ni, Fe and mixtures thereof is less than 0.5; and f is a number to satisfy the valence state of the catalyst; (at paragraphs [0110]-[0111]);
iv) catalysts of the formula: VmMonNboTepMeqOf
wherein: Me is a metal selected from the group consisting of Ta, Ti, W, Hf, Zr, Sb and mixtures thereof; m is from 0.1 to 3; n is from 0.5 to 1.5; o is from 0.001 to 3; p is from 0.001 to 5; q is from 0 to 2; and f is a number to satisfy the valence state of the catalyst; (at paragraphs [0112]-[0113]); and
v) catalysts of the formula: MoaVrXsYtZuMvOf
wherein: X is at least one of Nb and Ta; Y is at least one of Sb and Ni; Z is at least one of Te, Ga, Pd, W, Bi and Al; M is at least one of Fe, Co, Cu, Cr, Ti, Ce, Zr, Mn, Pb, Mg, Sn, Pt, Si, La, K, Ag and In; a=1.0 (normalized); r=0.05 to 1.0; s=0.001 to 1.0; t=0.001 to 1.0; u=0.001 to 0.5; v=0.001 to 0.3; and f is a number to satisfy the valence state of the catalyst; (at paragraphs [0114]-[0115]).
Regarding claim 12, Serhal et al. discloses that the mixed metal oxide catalyst can comprise a compound selected from:
Mo1V0.1-1Nb0.1-1Te0.01-0.2 X0-0.2Of
wherein X is selected from Pd, Sb Ba, Al, W, Ga, Bi, Sn, Cu, Ti, Fe, Co, Ni, Cr, Zr, Ca and oxides and mixtures thereof, and f is a number to satisfy the valence state of the catalyst (i.e., in the Example, a catalyst having the formula: MoV0.40Nb0.16Te0.14O; see paragraph [0174]).
Regarding claim 13, the further limitation with respect to the C2-C4 alkane being ethane does not impart further structural limitations to the claim, since the C2-C4 alkane is merely a material to be worked upon by the apparatus during an intended use. In any event, Serhal et al. discloses that the lower alkane supplied to the oxidative dehydrogenation reactor comprises ethane (paragraph [0153]).
Claims 2, 3, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Serhal et al. (US 2018/0305278 A1) in view of Ye et al. (US 5,447,555 A), as applied to claim 1 above, and further in view of Bool, III et al. (US 6,382,958 B1).
Regarding claim 2, Ye et al. (see FIG. 1) discloses a stream comprising oxygen (i.e., a compressed air stream 107) to the combustion chamber 109. Ye et al., however, fails to disclose that the stream comprising oxygen comprises at least part of the outlet stream 117 for removing oxygen-enriched gas and combustion products from the permeate side.
Bool, III et al. discloses an apparatus 1 (see FIG. 1; column 5, line 23-18) comprising a combustion chamber (i.e., a furnace 2) and an oxygen separation module (i.e., a membrane system 12 with an oxygen-selective, ion conducting membrane); wherein the combustion chamber 2 is adapted to receive a fuel stream 3 and combust the fuel stream, the combustion chamber 2 producing heat and a flue gas; and wherein the flue gas is used to provide heat to the oxygen separation module 12 by using the flue gas to heat an oxygen-containing stream (i.e., a compressed air stream 11) that is introduced to the oxygen separation module. Specifically, Bool, III et al. discloses that the stream 18 comprising oxygen to the combustion chamber 2 comprises at least part of the outlet stream for removing oxygen-enriched gas and combustion products from a permeate side of the oxygen separation module 12.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize at least part of said outlet stream for the stream comprising oxygen to the combustion chamber in the modified chemical complex of Serhal et al. because the oxygen-enriched gas that was removed from the permeate side of the oxygen transport membrane could be mixed with supplemental air to enable oxygen-enriched combustion to be performed by the combustion apparatus, which would increase the system efficiency while at the same time reduce NOx emissions, as taught by Bool, III et al. (see column 1, lines 23-28; column 5, lines 62-65).
Regarding claim 3, Ye et al. (see FIG. 1) further discloses that at least part of the flue gas 112 from the combustion chamber 109 is recycled to the oxygen separation module 113 to supply heat to the oxygen separation module 113, such that the temperature of the oxygen transport membrane 115 can be maintained at from about 850 °C to about 1500 °C (see column 4, lines 52-53; e.g., a membrane temperature of 850 °C, see Examples 1-2).
Regarding claim 6, Ye et al. (see FIG. 1) discloses a stream comprising oxygen 107 to the combustion chamber 109. Ye et al. also discloses a stream comprising oxygen 125 to a different combustion chamber 129, wherein the stream comprising oxygen 125 comprises the exhaust stream of oxygen-depleted air combustion products from the retentate side. Ye et al., however, fails to disclose that the stream comprising oxygen to the combustion chamber 109 comprises the outlet stream 117 removing oxygen-enriched gas and combustion products from the permeate side.
Bool, III et al. discloses an apparatus 1 (see FIG. 1; column 5, line 23-18) comprising a combustion chamber (i.e., a furnace 2) and an oxygen separation module (i.e., a membrane system 12 with an oxygen-selective, ion conducting membrane); wherein the combustion chamber 2 is adapted to receive a fuel stream 3 and combust the fuel stream, the combustion chamber 2 producing heat and a flue gas; and wherein the flue gas is used to provide heat to the oxygen separation module 12 by using the flue gas to heat an oxygen-containing stream (i.e., a compressed air stream 11) that is introduced to the oxygen separation module. Specifically, Bool, III et al. discloses that the stream 18 comprising oxygen to the combustion chamber 2 comprises at least part of the outlet stream for removing oxygen-enriched gas and combustion products from a permeate side of the oxygen separation module 12.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize said outlet stream for the stream comprising oxygen to the combustion chamber in the modified chemical complex of Serhal et al. because the oxygen-enriched gas that was removed from the permeate side of the oxygen transport membrane could be mixed with supplemental air to enable an oxygen-enriched combustion to be performed by the combustion apparatus, which would increase the system efficiency while at the same time reduce NOx emissions, as taught by Bool, III et al. (see column 1, lines 23-28; column 5, lines 62-65).
Regarding claim 7, Ye et al. (see FIG. 1) further discloses that at least part of the flue gas 112 from the combustion chamber 109 is recycled to the oxygen separation module 113 to supply heat to the oxygen separation module 113, such that the temperature of the oxygen transport membrane 115 can be maintained at from about 850 °C to about 1500 °C (see column 4, lines 52-53; e.g., a membrane temperature of 850 °C, see Examples 1-2).
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art to Ye et al. (see FIG. 1) discloses that the stream comprising oxygen to the combustion chamber 129 comprises at least part of the oxygen-depleted air and combustion products from the retentate side (i.e., the non-permeate stream 125, which contains oxygen). The flue gas from the combustion chamber 129 is subsequently supplied to a heat exchanger 105 for heating an oxygen-containing stream 104 that is introduced to the oxygen separation module 113. Ye et al. fails to disclose or adequately suggest that at least part of the flue gas from the combustion chamber 129 is recycled to the oxygen separation module 113 to supply heat, such that the temperature of the oxygen transport membrane 115 is from about 850 °C to about 1500 °C.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shreiber et al. (US 6,623,714 B2) is cited to further illustrate the state of the art.
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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
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