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 of invention I, claims 1-12 in the reply filed on 11/19/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), there being no allowable generic or linking claim.
Claim Objections
Claims 1-12 are objected to because of the following informalities. Appropriate correction is required.
1-12. The word “Claim” should be lower case since nonproper nouns are generally lower case.
3. The verb “feed” should be “fed.”
Claim Rejections - 35 U.S.C. § 102
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.
Claims 1, 4, and 9-12 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Khowaiter et al., U.S. Patent App. Pub. No. 2023/0183083 A1 [hereinafter Khowaiter].
The body of the claim is generally written with parentheses following the limitations indicating the prior art's teachings and/or examiner notes.
1. An integrated oxidation and electrolysis system for producing hydrogen and/or power at scale (oxidation and electrolysis system used to produce hydrogen; Khowaiter abstract, fig. 2), the system comprising:
a partial oxidation reactor to partially combust a carbonaceous gaseous and/or liquid feed with oxygen-containing feeds to generate heat used to pyrolyze a non-combusted portion of the carbonaceous gaseous and/or liquid feed (auto-thermal reformer 204 partially combusting feed stream 205 which would inherently generate the heat to pyrolyze; Khowaiter [0061], fig. 2) and create an effluent containing hydrogen, carbon monoxide, carbon dioxide, water, nitrogen, and other trace components (reformed stream 211 has all of these components, including at least methane as a trace component; Khowaiter [0062], fig. 2);
an electrolyzer to convert water to hydrogen and oxygen, whereby the oxygen is fully or partially utilized as an oxidizer for the partial oxidation reactor (electrolyzer 202 converts water to produce second electrolysis stream 203 including oxygen which is eventually fed back to auto-thermal reformer 204 by stream 209; Khowaiter [0046], [0048]-[0049], [0057], fig. 2); and
an electric power source that provides power input to the electrolysis process (solar energy; Khowaiter [0046], fig. 2).
4. The system of Claim 1, wherein the partial oxidation reactor is embodied in an auto-thermal reformer (rejected for similar reasons stated in the claim 1 rejection).
9. The system of Claim 1, further comprising a water-gas-shift reactor configured to receive the effluent from the partial oxidation reactor, wherein the water-gas-shift reactor is configured to react carbon monoxide and water in the effluent to produce additional hydrogen.
10. The system of Claim 1, further comprising a separator and/or purifier apparatus to separate hydrogen from the effluent or from effluent components (carbon capture unit 208). Khowaiter [0041], fig. 2.
11. The system of Claim 1, wherein the power source comprises a renewable energy source selected from biomass, solid waste, wind, solar, wave, hydroelectric, and/or geothermal power systems (rejected for similar reasons stated in the claim 1 rejection).
12. The system of Claim 1, wherein the carbonaceous gaseous and/or liquid feed comprises natural gas, refinery off-gases, liquified-petroleum gases, pyrolysis gases, renewable gases, and combinations thereof (natural gas). Khowaiter [0025].
Claim Rejections - 35 U.S.C. § 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 of this title, 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.
Claims 1-2, 4-6, and 9-12 are rejected under 35 U.S.C. § 103 as being unpatentable over Brook et al., U.S. Patent App. Pub. No. 2010/0083666 A1 [hereinafter Brook] and at least one of Khowaiter et al., U.S. Patent App. Pub. No. 2023/0183083 A1 [hereinafter Khowaiter].
The body of the claim is generally written with parentheses following the limitations indicating the prior art’s teachings and/or examiner notes.
1. The following references render this claim obvious.
I. Brook
An … oxidation … system for producing hydrogen and/or power at scale (oxidation system comprising an autothermal reformer 11 producing hydrogen; Brook [0065], fig. 1), the system comprising:
a partial oxidation reactor to partially combust a carbonaceous gaseous and/or liquid feed with oxygen-containing feeds to generate heat used to pyrolyze a non-combusted portion of the carbonaceous gaseous and/or liquid feed (autothermal reformer 11 partially combusting natural gas feedstock 1 which eventually turns into a pre-reformed stream 10 and would inherently pyrolyze; Brook [0065], fig. 1) and create an effluent containing hydrogen, carbon monoxide, carbon dioxide, water, nitrogen, and other trace components (partially combusting natural gas would inherently lead to the claimed effluent components; see Khowaiter [0025], [0062], fig. 2);
II. Electrolyzer - Khowaiter
Brook is silent on an integrated … electrolysis system …, the system comprising an electrolyzer to convert water to hydrogen and oxygen, whereby the oxygen is fully or partially utilized as an oxidizer for the partial oxidation reactor; and an electric power source that provides power input to the electrolysis process.
However, Khowaiter teaches a system comprising an integrated electrolyzer 202 powered by solar energy which electrolyzes water to produce a second electrolysis stream 203 comprising oxygen, oxygen storage system 218, and all of the oxygen eventually leads to stream 209 fed to auto-thermal reformer 204. Khowaiter [0046], [0048]-[0049], [0057], fig. 2. Khowaiter teaches that using an integrated electrolyzer has synergies in co-production of hydrogen. Khowaiter [0014]-[0015].
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the aforementioned prior art’s system with Khowaiter’s system comprising an integrated electrolyzer and oxygen storage system feeding oxygen to the auto-thermal reformer to synergize the production of hydrogen.
2. The system of Claim 1, further comprising a power plant that utilizes, fully or partially, a combined hydrogen feed produced collectively by the partial oxidation and electrolyzer, to generate electric power (hydrogen stream passed to a gas turbine via line 30 to drive an electrical generator which a person having ordinary skill in the art would recognize would be a part of a power plant). Brook [0070], fig. 1.
4. The system of Claim 1, wherein the partial oxidation reactor is embodied in an auto-thermal reformer (rejected for similar reasons stated in the claim 1 rejection).
5. The system of Claim 1, further comprising an oxygen feed configured to transport all of the oxygen from the electrolyzer to the partial oxidation reactor (all of the oxygen in second electrolysis stream 203 may make it to the auto-thermal reformer 204). See claim 1 rejection.
6. The system of Claim 5, further comprising an oxygen storage apparatus in combination with the oxygen feed (oxygen storage system 218). See claim 1 rejection.
9. The system of Claim 1, further comprising a water-gas-shift reactor configured to receive the effluent from the partial oxidation reactor, wherein the water-gas-shift reactor is configured to react carbon monoxide and water in the effluent to produce additional hydrogen (shift converter unit 24). Brook [0067], fig. 1.
10. The system of Claim 1, further comprising a separator and/or purifier apparatus to separate hydrogen from the effluent or from effluent components (carbon dioxide removal unit 26). Brook [0068], fig. 1.
11. The system of Claim 1, wherein the power source comprises a renewable energy source selected from biomass, solid waste, wind, solar, wave, hydroelectric, and/or geothermal power systems (rejected for similar reasons stated in the claim 1 rejection).
12. The system of Claim 1, wherein the carbonaceous gaseous and/or liquid feed comprises natural gas, refinery off-gases, liquified-petroleum gases, pyrolysis gases, renewable gases, and combinations thereof (natural gas). See claim 1 rejection.
Claims 3 and 7 are rejected under 35 U.S.C. § 103 as being unpatentable over Brook in view of Khowaiter as applied to claims 1-2 previously, and further in view of Schwarz, DE 10 2020 110 854 A1. Schwarz, U.S. Patent App. Pub. No. 2023/0243271 A1 was used as a translation.
3. The system of Claim 2, wherein heat from the electrolyzer is fed to the power plant. Brook is silent on this.
However, Schwarz teaches a system comprising electrolyzer 80, oxygen storage tank 88, hydrogen storage tank 86, fluid circuits 90 and 92 which captures heat from the electrolyzer, delivers the heat to a water bath evaporation device 62 which heats air that eventually is delivered to and drives the turbine 76 with an attached power generator 78 which generates electricity. Schwarz [0056-[0060], [0068], figs. 1-3. A person having ordinary skill in the art would have recognized that this system would take otherwise waste heat and convert it into electricity.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s system with Schwarz’s system comprising fluid circuits, water bath evaporation device, hydrogen storage tank, and other equipment to take waste heat and convert it into electricity.
7. The system of Claim 1, further comprising at least one hydrogen storage apparatus in combination with at least one of the partial oxidation reactor and the electrolyzer (rejected for similar reasons stated in the claim 3 rejection).
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over Khowaiter and Brook in view of Khowaiter as applied to claim 1 previously, and further in view of Ahmed et al., U.S. Patent App. Pub. No. 2004/0226217 A1 [hereinafter Ahmed].
8. The system of Claim 1, further comprising a quench water feed in combination with the partial oxidation reactor and downstream of a partial oxidation reaction zone therein, wherein the quench water feed is configured to cool the effluent and increase a total water content of the effluent. Khowaiter and Brook are silent on this.
However, Ahmed teaches a system comprising a vessel containing the auto-thermal reactor 12 and an area within the vessel downstream of the partial oxidation reaction zone where water is used to cool the reformate. Ahmed [0026]-[0027], figs. 5 & 10. Ahmed teaches that if the reformate temperature exceeds the set point, then water injector 42 must inject water to quench the reformate down to the set point. Ahmed [0035], fig. 1. Since Ahmed’s fig. 1 shows the injection occurring after the heat exchanger, a person having ordinary skill in the art would have recognized that he could inject the water either within the vessel down from the heat exchanger or in the piping.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s system with Ahmed’s system comprising a water injector in order to quench reformate down to the set point. It further would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s system to have placed this injector to inject into the downstream area of the vessel to have a suitable position out of the finite number of possibilities to yield the predictable result of cooling the reformate down to set point.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794