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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 8, and 10-13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Greenwood (US 4,647,549).
Regarding claim 1, Greenwood discloses a system for regenerating a spent catalyst into a reactivated catalyst having a predetermined heat content, the system comprising: a reactor configured to generate the spent catalyst, since a spent catalyst stream in a spent catalyst line (8) perhaps coming from a reactor is sent to the upper chamber (80) via the riser (25) (see figure 1 and paragraph 0026); receiving the spent catalyst in a regenerator, since the reactor may comprise may comprise a reactor catalyst inlet and a reactor catalyst outlet through which the spent catalyst exits the reactor; and the regeneration vessel (85) may be in downstream communication with the reactor via the catalyst outlet (see figure 1 and paragraph 0027); a regenerator (1) configured to regenerate the spent catalyst from the reactor; and an electrically energized heater (the heating means may be tubes containing a heat transfer fluid, but are preferably electric resistance heating elements; a top section view of the portion of vessel (1) which contains the heating tubes or elements, which are denoted by reference number (25); reference number (24) identifies the balance of the heating apparatus associated with tubes or elements (25), see figures 1-2 and column 5, lines 30-55) configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst (see figures 1-2 and column 4, line 21 through column 6, line 4).
Regarding claim 3, Greenwood discloses a system wherein the heater is positioned internal to the regenerator (see figures 1-2 and column 4, line 21 through column 6, line 4).
Regarding claim 8, Greenwood discloses a system further comprising an electrical power source configured to supply power to the heater, since Greenwood discloses a system for regenerating a spent catalyst into a reactivated catalyst having a predetermined heat content, the system comprising: a regenerator (1) configured to regenerate the spent catalyst from the reactor; and an electrically energized heater (the heating means may be tubes containing a heat transfer fluid, but are preferably electric resistance heating elements; a top section view of the portion of vessel (1) which contains the heating tubes or elements, which are denoted by reference number (25); reference number (24) identifies the balance of the heating apparatus associated with tubes or elements (25), see figures 1-2 and column 5, lines 30-55) configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst (see figures 1-2 and column 4, line 21 through column 6, line 4).
Regarding claims 10-13, Greenwood discloses a system wherein the heater is further configured to have a first selectable operating mode wherein the heat does not increase the heat content if one or more non-electrical sources increase the heat content to the predetermined heat content; wherein the heater is further configured to have a second selectable operating mode wherein the heater and one or more non-electrical sources increase the heat content to the predetermined heat content; wherein the heater is further configured to have a third selectable operating mode wherein only the heater increases the heat content to the predetermined heat content; and wherein the heater and one or more non-electrical sources increase the heat content to the predetermined heat content, since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
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.
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.
Claim(s) 1-2, 4-8, and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Owen et al. (US 5066627) in view of Greenwood (US 4,647,549).
Regarding claim 1, Owen et al. discloses a system (see figure 3 and column 9, line 66 through column 11, line 21) for regenerating a spent catalyst into a reactivated catalyst having a predetermined heat content, the system comprising: a reactor configured to generate the spent catalyst; a regenerator (H.E.R. regenerator) configured to regenerate the spent catalyst from the reactor; and heater (heat exchanger, 303) (see figure 3 and column 8, line 66 through column 11, line 21), since the heat exchanger (303) is vertical, with catalyst in the shell side and the heat exchanger medium, preferably water, passes through the tubes via lines (309) and (309’) (see column 9, line 63 through column 10, line 10); control of the duty of the heat exchanger (303) may be achieved by controlling the quantity of fluidizing gas in line (377); and the quantity of steam generated and flowing through line (309’) may be measured by meter (324) (see column 10, line 63 through column 11, line 11).
Owen et al. fails to disclose an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst.
Greenwood discloses a system for regenerating a spent catalyst into a reactivated catalyst having a predetermined heat content, the system comprising: a reactor configured to generate the spent catalyst, since a spent catalyst stream in a spent catalyst line (8) perhaps coming from a reactor is sent to the upper chamber (80) via the riser (25) (see figure 1 and paragraph 0026); receiving the spent catalyst in a regenerator, since the reactor may comprise may comprise a reactor catalyst inlet and a reactor catalyst outlet through which the spent catalyst exits the reactor; and the regeneration vessel (85) may be in downstream communication with the reactor via the catalyst outlet (see figure 1 and paragraph 0027); a regenerator (1) configured to regenerate the spent catalyst from the reactor; and an electrically energized heater (the heating means may be tubes containing a heat transfer fluid, but are preferably electric resistance heating elements; a top section view of the portion of vessel (1) which contains the heating tubes or elements, which are denoted by reference number (25); reference number (24) identifies the balance of the heating apparatus associated with tubes or elements (25), see figures 1-2 and column 5, lines 30-55) configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst (see figures 1-2 and column 4, line 21 through column 6, line 4).
Additionally, Greenwood discloses a heating means may be tubes containing a heat transfer fluid (see column 5, lines 30-34).
Because these two heaters (heat exchanger and an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst) were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst for hot flue gas heated heating tubes catalyst heater.
Regarding claim 2, Owen et al. discloses a system wherein the heater (303) is positioned external to the regenerator; and wherein the heater (303) is positioned internal to the regenerator (see figure 3 and column 9, line 66 through column 11, line 21).
Regarding claim 4, Owen et al. discloses a system wherein the heater (303) includes:
- one or more shells positioned external to the regenerator,
- a first inlet (308) conveying the catalyst from the regenerator into the shell, and
- a second inlet (307) conveying a fluidizing agent into the shell (see figure 3 and column 9, line 66 through column 11, line 21).
Owen et al. fails to discloses a system wherein the plurality of energy emitting members are positioned inside the shell.
Greenwood discloses a system wherein the plurality of energy emitting members are positioned inside a shell (the heating means may be tubes containing a heat transfer fluid, but are preferably electric resistance heating elements; a top section view of the portion of vessel (1) which contains the heating tubes or elements, which are denoted by reference number (25); reference number (24) identifies the balance of the heating apparatus associated with tubes or elements (25), see figures 1-2 and column 5, lines 30-55), since Greenwood discloses that catalyst discharged from the annular space between the catalyst retention screens fills all of the lower section of the chamber (1), with the exception of the space below catalyst screen (6) which contains heating means; and catalyst flows past the heating means through downcomers, or catalyst passages, which are defined by plates (5) and (23) and portions of the sidewall (27) of the lower section of chamber (1) (see figure 1 and column 5, line 30-55) resulting in a shell with an open bottom.
Because these two heaters (heat exchanger and an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst) were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst for hot flue gas heated heating tubes catalyst heater.
Regarding claims 5-7, Owen et al. discloses a system wherein the heater (303) further includes: a catalyst outlet (the area where the spent catalyst enters the heat exchanger (303) is also the regenerated catalyst exits the heat exchanger (303)) from which the catalyst in the shell exits; further comprising a gas outlet (the fluidizing gas exit the heat exchanger (303) through the same exit as the regenerated catalyst, since the fluidizing gas lifts the regenerated catalyst into the regenerator) from which the fluidizing agent in the shell exits; and further comprising a passage connecting the heater (303) and the regenerator, wherein at least the catalyst enters and exits the regenerator via the passage (see figure 3 and column 9, line 66 through column 11, line 21).
Regarding claim 8, Owen et al. fails to discloses a system further comprising an electrical power source configured to supply power to the heater; and wherein the electrical power source is a renewable power source.
Greenwood discloses a system further comprising an electrical power source configured to supply power to the heater, since Greenwood discloses a system for regenerating a spent catalyst into a reactivated catalyst having a predetermined heat content, the system comprising: a regenerator (1) configured to regenerate the spent catalyst from the reactor; and an electrically energized heater (the heating means may be tubes containing a heat transfer fluid, but are preferably electric resistance heating elements; a top section view of the portion of vessel (1) which contains the heating tubes or elements, which are denoted by reference number (25); reference number (24) identifies the balance of the heating apparatus associated with tubes or elements (25), see figures 1-2 and column 5, lines 30-55) configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst (see figures 1-2 and column 4, line 21 through column 6, line 4).
Because these two heaters (heat exchanger and an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst) were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst for hot flue gas heated heating tubes catalyst heater.
Regarding claims 10-13, the combined teachings of Owen et al. and Greenwood discloses a system wherein the heater is further configured to have a first selectable operating mode wherein the heat does not increase the heat content if one or more non-electrical sources increase the heat content to the predetermined heat content; wherein the heater is further configured to have a second selectable operating mode wherein the heater and one or more non-electrical sources increase the heat content to the predetermined heat content; wherein the heater is further configured to have a third selectable operating mode wherein only the heater increases the heat content to the predetermined heat content; and wherein the heater and one or more non-electrical sources increase the heat content to the predetermined heat content, since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claim 14, Owen et al. discloses a method for regenerating a spent catalyst into a reactivated catalyst having a predetermined heat content, the method comprising: generating a spent catalyst in a reactor; receiving the spent catalyst in a regenerator (H.E.R. regenerator); at least partially immersing a plurality of members (lines (309) and (309’)) of a heater (heat exchanger, 303) in the spent catalyst; and selectively increasing a heat content of the spent catalyst to the predetermined heat content by using the heater (303), since the heat exchanger (303) is vertical, with catalyst in the shell side and the heat exchanger medium, preferably water, passes through the tubes via lines (309) and (309’) (see column 9, line 63 through column 10, line 10); control of the duty of the heat exchanger (303) may be achieved by controlling the quantity of fluidizing gas in line (377); and the quantity of steam generated and flowing through line (309’) may be measured by meter (324) (see column 10, line 63 through column 11, line 11).
Owen et al. fails to disclose a method comprising: at least partially immersing a plurality of energy emitting members of a heater in the spent catalyst.
Greenwood discloses a method comprising: at least partially immersing a plurality of energy emitting members of a heater in the spent catalyst (the heating means may be tubes containing a heat transfer fluid, but are preferably electric resistance heating elements; a top section view of the portion of vessel (1) which contains the heating tubes or elements, which are denoted by reference number (25); reference number (24) identifies the balance of the heating apparatus associated with tubes or elements (25), see figures 1-2 and column 5, lines 30-55).
Because these two heaters (heat exchanger and an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst) were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst for hot flue gas heated heating tubes catalyst heater.
Regarding claim 15, Owen et al. disclose a method wherein the heater (303) includes at least one shell positioned external to the regenerator, wherein the plurality of members (lines (309) and (309’)) of a heater (heat exchanger, 303) are positioned inside the shell, and further comprising:
- conveying the catalyst from the regenerator into the shell using a first inlet (the area where the spent catalyst enters the heat exchanger (303)), and
- conveying a fluidizing agent into the shell using a second inlet (377) (see figure 3 and column 9, line 66 through column 11, line 21).
Owen et al. fails to discloses a method wherein the plurality of energy emitting members are positioned inside the shell.
Greenwood discloses a method plurality of energy emitting members are positioned inside the shell (the heating means may be tubes containing a heat transfer fluid, but are preferably electric resistance heating elements; a top section view of the portion of vessel (1) which contains the heating tubes or elements, which are denoted by reference number (25); reference number (24) identifies the balance of the heating apparatus associated with tubes or elements (25), see figures 1-2 and column 5, lines 30-55).
Because these two heaters (heat exchanger and an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst) were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst for hot flue gas heated heating tubes catalyst heater.
Allowable Subject Matter
Claims 9, 16-19 are 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.
The closest prior art references are Owen et al. (US 5066627) and Greenwood (US 4,647,549).
Regarding claim 9, Owen et al. and Greenwood fail to disclose a system wherein the electrical power source is a renewable power source.
Regarding claim 16, Owen et al. disclose a method further comprising connecting the reactor and the regenerator with a passage (308) (see figure 3 and column 9, line 66 through column 11, line 21).
Greenwood discloses disclose a method further comprising connecting the reactor and the regenerator with a passage, since a spent catalyst stream in a spent catalyst line (8) perhaps coming from a reactor is sent to the upper chamber (80) via the riser (25) (see figure 1 and paragraph 0026)
The prior art references fail to disclose or suggest at least the catalyst enters and exits the regenerator via the passage.
Regarding claims 17-19, the prior art references fail to disclose or suggest a method wherein selectively increasing includes not increasing the heat content if one or more non-electrical sources increase the heat content to the predetermined heat content; wherein selectively increasing includes using the heater and one or more non-electrical sources to increase the heat content to the predetermined heat content; and wherein selectively increasing includes using only the heater to increase the heat content to the predetermined heat content.
Response to Arguments
Applicant’s arguments, see Remarks, filed march 12, 2026, with respect to the objection of the drawings, the objection to claims 6 and 13, and the 102 and 103 rejection of claim 9 have been fully considered and are persuasive. The objection of the drawings, the objection to claims 6 and 13, and the 102 and 103 rejection of claim 9 have been withdrawn.
Applicant's arguments have been fully considered but they are not persuasive.
Regarding claim 1, the applicant argues that Greenwood fails to disclose "an electrically energized heater configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, the heater having a plurality of energy emitting members at least partially immersed in the spent catalyst."
The Office disagrees.
Greenwood discloses that the heating means may be tubes containing a heat transfer fluid, but are preferably electric resistance heating elements; a top section view of the portion of vessel (1) which contains the heating tubes or elements, which are denoted by reference number (25); reference number (24) identifies the balance of the heating apparatus associated with tubes or elements (25) (see figures 1-2 and column 5, lines 30-55).
In response to applicant's argument that configured to selectively increase a heat content of the spent catalyst to the predetermined heat content, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 1, the applicant argues that the combination of Owen et al. and Greenwood is improper because the combination would not be obvious and results in improper hindsight.
The Office disagrees.
Both references discloses heating means comprising tube containing a heat transfer fluid. Greenwood give the option of electric resistance heating elements.
Regarding claim 14, the applicant argues that Owen et al .fails to disclose “selectively increasing a heat content of the spent catalyst to the predetermined heat content by using the heater”.
The Office disagrees.
Owen discloses controlling the heat exchanger (303) by controlling the fluidizing gas (377) (see figure 3 and column 10, line 63 through column 11, line 11). Both references discloses heating means comprising tube containing a heat transfer fluid. Greenwood give the option of electric resistance heating elements. If the heating means comprising tube containing a heat transfer fluid of Owen et al., which is taught by Greenwood, the controller controlling the fluidizing gas used as a heat transfer fluid would be controlling the amount of power used by electric resistance heating elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Iglesias (US 2014/0046105 A1) discloses heater (312) is used to heat solvent and/or feedstock and/or catalyst, can be natural gas fired heater, solar furnace, geothermal, nuclear, coal, lignite, bitumen, coke, electrical, induction, resistive, etc. and use natural, radiant, and convective heat transfer (see figure 3 and paragraph 0152).
THIS ACTION IS MADE FINAL. 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 NATASHA E YOUNG whose telephone number is (571)270-3163. The examiner can normally be reached M-F 7:00 am - 6:00 pm.
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, Wang Claire 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.
NATASHA E. YOUNG
Examiner
Art Unit 1774
/NATASHA E YOUNG/Primary Examiner, Art Unit 1774
Prosecution Insights