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 .
Response to Amendment
Objection to Claim 4 has been withdrawn in view of applicant’s amendments.
Double Patenting Rejection of Claim 1 with copending application 18/133577 has been withdrawn in view of applicant’s amendments.
Rejections under 35 USC § 112(b) of Claims 4-8 and 11 have been withdrawn in view of applicant’s amendments.
Rejections under 35 USC § 112(b) of Claim 3 has been withdrawn in view of cancellation of claim 3.
Rejections under 35 USC § 102 of Claims 1, 4-5 and 7 have been withdrawn in view of applicant’s amendments. However, upon further search and consideration, new grounds of rejection have been made.
Rejections under 35 USC § 102 of Claims 2-3 have been withdrawn in view of cancellation of claims 2-3.
Rejections under 35 USC § 103 of Claims 6, 8 and 10-11 have been withdrawn in view of applicant’s amendments. However, upon further search and consideration, new grounds of rejection have been made.
Rejections under 35 USC § 103 of Claim 9 has been withdrawn in view of cancellation of claim 9.
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.
Claims 1, 4-8 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Weist et al. (WO2022/265651A1, hereinafter Weist) in view of Beyer et al. (US Pat. Pub. No. 2024/0066493, hereinafter Beyer).
In regards to Claim 1, Weist discloses an apparatus for producing hydrogen using a steam methane reformer (SMR) via ammonia cracking, the apparatus comprising:
means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes (see figure 1 and page 8, lines 17-25 and page 12, lines 1-11; Weist discloses an apparatus for producing hydrogen from ammonia comprising a pump for pressurizing liquid ammonia, at least one first heat exchanger in fluid communication with the pump for heating and vaporizing the liquid ammonia from the pump by heat exchange with one or more hot fluids to produce heated ammonia, and carrying the heated ammonia to catalyst-containing reactor tubes.);
a furnace (#10 existing SMR reformer) having the plurality of reactor tubes (#8 SMR tubes) and a plurality of burners, wherein the furnace (#10) is configured to catalytically crack the ammonia within the reactor tubes (#8) to produce a crude process gas and a flue gas (see figure 1 and page 8, lines 23-27, page 12, lines 12-25 and page 13, lines 23-26; Weist discloses carrying the heated ammonia to catalyst-containing reaction tubes for cracking heated ammonia from the first heat exchanger to produce a first cracked gas, i.e. crude process gas, containing hydrogen gas, nitrogen gas and residual ammonia. A furnace containing a plurality of burners and in thermal communication with the catalyst-containing reactor tubes and for combustion of a fuel to heat the catalyst-containing reactor tubes and to form a flue gas.);
a plurality of waste heat recovery sections (see figure 1 and page 8, lines 20-29 and page 12, lines 7-11 and 25-29; Weist discloses at least one first heat exchanger in fluid communication with the pump for heating and vaporizing the liquid ammonia from the pump by heat exchange with one or more hot fluids to produce heated ammonia. The catalyst-containing reactor tubes are in fluid communication with the first heat exchangers for cracking heated ammonia from the first heat exchanger. A cracked gas conduit for feeding cracked gas from the catalyst-containing reactor tubes to the first heat exchanger, and a flue gas conduit for feeding flue gas from the furnace to the first heat exchangers.); and
a pressure swing adsorption (PSA) unit disposed downstream the furnace (#10), wherein the PSA unit is configured to receive the crude process gas, or a gas derived therefrom, and produce a hydrogen product stream and a PSA offgas (see figure 1 and page 9, lines 1-7 and page 12, lines 25-14; Weist discloses a first PSA system in fluid communication with the catalyst-containing reactor tubes #8 inside the furnace #10 for purifying cooled cracked gas after passage through the at least one heat exchanger to produce a first hydrogen product gas and a first PSA tail gas, i.e. PSA offgas.);
wherein the means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes (8) comprises an ammonia storage vessel, an ammonia pump and an ammonia pump (P102) (see figure 1 and page 8, lines 17-25 and page 12, lines 1-11; Weist discloses an apparatus for producing hydrogen from ammonia comprising a pump for pressurizing liquid ammonia taken from a storage (not shown), at least one first heat exchanger in fluid communication with the pump for heating and vaporizing the liquid ammonia from the pump by heat exchange with one or more hot fluids to produce heated ammonia, and carrying the heated ammonia to catalyst-containing reactor tubes.);
wherein the ammonia vaporizer is configured to vaporize ammonia to form the pressurized and gaseous ammonia stream (see figure 1 and page 8, lines 17-25 and page 12, lines 1-11; Weist discloses an apparatus for producing hydrogen from ammonia comprising a pump for pressurizing liquid ammonia taken from a storage (not shown), at least one first heat exchanger in fluid communication with the pump for heating and vaporizing the liquid ammonia from the pump by heat exchange with one or more hot fluids to produce heated ammonia, and carrying the heated ammonia to catalyst-containing reactor tubes.);
wherein the pressurized and gaseous ammonia stream is tied into feed piping of the SMR (see figure 1 and page 8, lines 17-25 and page 12, lines 1-11; Weist discloses an apparatus for producing hydrogen from ammonia comprising a pump (P102) for pressurizing liquid ammonia from a storage (not shown), at least one first heat exchanger (E101) in fluid communication with the pump for heating and vaporizing the liquid ammonia from the pump by heat exchange with one or more hot fluids to produce heated ammonia, and carrying the heated ammonia to catalyst-containing reactor tubes (8). The pressurized and heated ammonia stream is tied into feeding pipe (6) of the furnace (10) and the feed piping (6) is located immediately upstream of the catalyst-containing reactor tubes (8), as claimed by the applicant.).
The differences between Weist and the instant invention is that Weist does not explicitly disclose wherein the feed piping are located at a tie-in point located immediately upstream of the plurality of reactor tubes, and wherein the feed piping comprises a nitridation resistant material and/or has a nitridation protective layer on an inner surface of the feed piping.
However, Beyer teaches a method and apparatus for hydrogen production using existing industrial units. There is a need to provide industrial facilities that can efficiently produce hydrogen from ammonia, particularly by retrofitting existing hydrogen production industrial facilities to produce hydrogen from an ammonia feed gas while preventing, delaying, or at least minimizing embrittlement issues during operation (see paragraphs [0001] and [0009]).
The hydrogen production facility includes a reformer, i.e. furnace, configured to catalytically convert a feed stream into a product stream comprising hydrogen, the reformer, i.e. furnace, having a plurality of catalyst tubes and a plurality of burners configured to provide heat to the catalyst tubes, means for providing the feed stream to the reformer, i.e. furnace, from an ammonia source, wherein the feed stream comprises at least 90% of ammonia, wherein the plurality of catalyst tubes comprise a nitridation protective layer on an inner surface of the catalyst tubes (see paragraph [0031]). Further, the hydrogen production facility can also include additional equipment having the nitridation protective layer, wherein the additional equipment is selected from the group consisting of feed piping, a feed preheater, process gas heat exchangers, and combination thereof (see paragraph [0044]).
Beyer further teaches that the nitridation protective layer for the protection of feed piping is highly preferably if a tie-in point is shifted upstream in the process, such as for preheating of ammonia and heat integration of the flue gas and splitting of ammonia prior to entering the catalyst tubes due to temperature and a certain catalytic effect of metallic surfaces (see paragraph [0053]). Therefore, Beyer makes operable the use of the feed pipe to be relocated at a tie-in point located immediately upstream the plurality of reactor tubes.
In view of this, it would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the apparatus for producing hydrogen as disclosed by Weist by further having the feed piping to be relocated to a tie-in point located immediately upstream of the plurality of reactor tubes and having the feed piping to further comprise a nitridation resistant material and/or having a nitridation protective layer on an inner surface of the feed piping, as claimed by the applicant, with a reasonable expectation of success, as Beyer teaches a method and apparatus for hydrogen production using existing industrial units, wherein the hydrogen production facility includes a reformer, i.e. furnace, configured to catalytically convert a feed stream into a product stream comprising hydrogen, the reformer having a plurality of catalyst tubes and a plurality of burners configured to provide heat to the catalyst tubes, means for providing the feed stream to the reformer from an ammonia source, wherein the plurality of catalyst tubes comprise a nitridation protective layer on an inner surface of the catalyst tubes, and further, the hydrogen production facility can also include additional equipment having the nitridation protective layer, such as feed piping, whereby the nitridation protective layer for the protection of feed piping is highly preferably if a tie-in point is shifted upstream in the process, such as for preheating of ammonia and heat integration of the flue gas and splitting of ammonia prior to entering the catalyst tubes due to temperature and a certain catalytic effect of metallic surfaces (see paragraphs [0031], [0044] and [0053]).
In regards to Claim 4, Weist discloses wherein the means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes further comprises new equipment selected from the group of an ammonia vaporizer, an ammonia interchanger, an ammonia preheater, and ammonia pre-reactor, and combinations thereof, wherein the new equipment is disposed upstream of the plurality of reactor tubes (8) and downstream of the ammonia pump (P102) (see figure 1 and page 8, lines 17-25 and page 12, lines 1-11; Weist discloses an apparatus for producing hydrogen from ammonia comprising a pump (P102) for pressurizing liquid ammonia, at least one first heat exchanger (E101) in fluid communication with the pump for heating and vaporizing the liquid ammonia from the pump by heat exchange with one or more hot fluids to produce heated ammonia, and carrying the heated ammonia to catalyst-containing reactor tubes (8).).
In regards to Claim 5, Weist discloses wherein the ammonia vaporizer (E101) is heated using electricity, steam, the crude stream, and/or a flue gas stream (see figure 1 and page 12, lines 7-11).
In regards to Claim 6, Weist discloses wherein the ammonia vaporizer (E101) is configured to vaporize and heat ammonia at a temperature below 450ºC (see figure 1 and page 12, lines 7-11).
In regards to Claim 7, Weist discloses wherein the means for providing a pressurized and gaseous ammonia stream to the plurality of reactor tubes (8) further comprises heating pressurized ammonia from the ammonia pump (P102) in at least one of the plurality of waste heat recovery sections to form the pressurized and gaseous ammonia stream (see figure 1 and page 12, lines 7-11; Weist discloses the pressurized liquid ammonia line (line 4) is then heated, vaporized and heater further, up to a temperature of greater than 250ºC via a heat exchanger (E101) using the heat available in the cracked gas leaving the reaction tubes and the flue gas from the furnace. In the figure, the heat exchanger (E101) is shown as one heat exchanger but, in practice, it will be a series of heat exchangers in a network, i.e. plurality of waste heat recovery sections.).
In regards to Claim 8, Weist discloses wherein the furnace (10) is configured to operate at a pressure between 15-80 bar and a temperature between 600-850ºC (see figure 1 and page 7, lines 27-28 and 31-32; Weist discloses wherein the operating temperature of the ammonia cracking reactor, i.e. furnace, is usually in the range of about 250ºC to about 800ºC and the operating pressure of an ammonia cracking reactor, i.e. furnace, is usually in the range of from 10 to 40 bar, which overlaps the claimed temperature range of 600-850ºC and the claimed pressure range of 15-80bar, as claimed by the applicant, thereby making the claimed ranges prima facie obvious. See MPEP2144.05.).
In regards to Claim 10, Weist, in view of Beyer, discloses the apparatus as recited in claim 1. Beyer further teaches wherein the nitridation protective layer is disposed on an inner surface of the feed piping, wherein the nitridation protective layer is selected from the group consisting of a protective liner material that is mechanically coupled to the inner surface, an aluminization layer applied to the inner surface, a diffusion barrier layer in conjunction with the aluminization layer applied to the inner surface, wherein the diffusion barrier layer is disposed between the inner surface and the aluminization layer, and a weld-overlay applied to the inner surface, wherein the protective liner material is selected from a group of alloys having a nickel content in excess of 60% (see paragraphs [0031]-[0037], [0044] and [0053]; Beyer discloses the hydrogen production facility includes a reformer, i.e. furnace, configured to catalytically convert a feed stream into a product stream comprising hydrogen, the reformer, i.e. furnace, having a plurality of catalyst tubes and a plurality of burners configured to provide heat to the catalyst tubes, means for providing the feed stream to the reformer, i.e. furnace, from an ammonia source, wherein the feed stream comprises at least 90% of ammonia, wherein the plurality of catalyst tubes comprise a nitridation protective layer on an inner surface of the catalyst tubes. Further, the hydrogen production facility can also include additional equipment having the nitridation protective layer, wherein the additional equipment is selected from the group consisting of feed piping, a feed preheater, process gas heat exchangers, and combination thereof. The nitridation protective layer for the protection of feed piping is highly preferably if a tie-in point is shifted upstream in the process, such as for preheating of ammonia and heat integration of the flue gas and splitting of ammonia prior to entering the catalyst tubes due to temperature and a certain catalytic effect of metallic surfaces).
In view of this, it would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the apparatus for producing hydrogen as disclosed by Weist by further having the nitridation protective layer to be disposed on an inner surface of the feed piping, wherein the nitridation protective layer is selected from the group consisting of a protective liner material that is mechanically coupled to the inner surface, an aluminization layer applied to the inner surface, a diffusion barrier layer in conjunction with the aluminization layer applied to the inner surface, wherein the diffusion barrier layer is disposed between the inner surface and the aluminization layer, and a weld-overlay applied to the inner surface, wherein the protective liner material is selected from a group of alloys having a nickel content in excess of 60%, as claimed by the applicant, with a reasonable expectation of success, as Beyer teaches a method and apparatus for hydrogen production using existing industrial units, wherein the hydrogen production facility includes a reformer, i.e. furnace, configured to catalytically convert a feed stream into a product stream comprising hydrogen, the reformer having a plurality of catalyst tubes and a plurality of burners configured to provide heat to the catalyst tubes, means for providing the feed stream to the reformer from an ammonia source, wherein the plurality of catalyst tubes comprise a nitridation protective layer on an inner surface of the catalyst tubes, and further, the hydrogen production facility can also include additional equipment having the nitridation protective layer, such as feed piping, whereby the nitridation protective layer for the protection of feed piping is highly preferably if a tie-in point is shifted upstream in the process, such as for preheating of ammonia and heat integration of the flue gas and splitting of ammonia prior to entering the catalyst tubes due to temperature and a certain catalytic effect of metallic surfaces (see paragraphs [0031]-[0037], [0044] and [0053]).
In regards to Claim 11, Weist, in view of Beyer, discloses the apparatus as recited in claim 1. Beyer further teaches wherein the plurality of reactor tubes comprise a nitridation protective layer on an inner surface of the reactor tubes, wherein the nitridation protective layer is selected from the group consisting of a protective liner material that is mechanically coupled to the inner surface, an aluminization layer applied to the inner surface, a diffusion barrier layer in conjunction with the aluminization layer applied to the inner surface, wherein the diffusion barrier layer is disposed between the inner surface and the aluminization layer, and a weld-overlay applied to the inner surface, wherein the protective liner material is selected from a group of alloys having a nickel content in excess of 60% (see paragraphs [0031]-[0037] and [0054]; Beyer discloses the hydrogen production facility includes a reformer, i.e. furnace, configured to catalytically convert a feed stream into a product stream comprising hydrogen, the reformer, i.e. furnace, having a plurality of catalyst tubes and a plurality of burners configured to provide heat to the catalyst tubes, means for providing the feed stream to the reformer, i.e. furnace, from an ammonia source, wherein the feed stream comprises at least 90% of ammonia, wherein the plurality of catalyst tubes comprise a nitridation protective layer on an inner surface of the catalyst tubes. The task is to optimize the material for the selection for the inner diameter surface of the catalyst tubes that are potentially affected by nitridation—either by replacing them with tubes made from another material or to coat/weld-overlay or line the inner diameter surface of the catalyst tube with a material having a lower nitridation embrittlement susceptibility.).
In view of this, it would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the apparatus for producing hydrogen as disclosed by Weist by further having the plurality of reactor tubes to further comprise a nitridation protective layer on an inner surface of the reactor tubes, wherein the nitridation protective layer is selected from the group consisting of a protective liner material that is mechanically coupled to the inner surface, an aluminization layer applied to the inner surface, a diffusion barrier layer in conjunction with the aluminization layer applied to the inner surface, wherein the diffusion barrier layer is disposed between the inner surface and the aluminization layer, and a weld-overlay applied to the inner surface, wherein the protective liner material is selected from a group of alloys having a nickel content in excess of 60%, as claimed by the applicant, with a reasonable expectation of success, as Beyer teaches a method and apparatus for hydrogen production using existing industrial units, wherein the hydrogen production facility includes a reformer, i.e. furnace, configured to catalytically convert a feed stream into a product stream comprising hydrogen, the reformer having a plurality of catalyst tubes and a plurality of burners configured to provide heat to the catalyst tubes, means for providing the feed stream to the reformer from an ammonia source, wherein the plurality of catalyst tubes comprise a nitridation protective layer on an inner surface of the catalyst tubes, for effectively preventing, delaying or minimizing embrittlement issues during operation (see paragraphs [0009], [0031]-[0037] and [0054])
In regards to Claims 12-13, Weist in view of Beyer, discloses the apparatus as recited in claim 1. Although Weist, in view of Beyer, does not explicitly disclose wherein the tie-in point located upstream of the plurality of reactor tubes is configured such that the gaseous ammonia bypasses existing hydrocarbon-specific equipment constructed of nitridation-susceptible materials and wherein the existing hydrocarbon-specific equipment is selected from the group consisting of a desulfurization unit, a pre-reformer, and combinations thereof, Weist, as modified above, discloses substantially the same apparatus as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Weist’s apparatus, as modified above, is capable of functioning in the same manner as claimed, as it has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed functions as considered prima facie obvious. See MPEP 2112.01.
Response to Arguments
Applicant’s arguments with respect to Weist have been considered but are moot in view of applicant’s amendments which change the scope of the invention.
Applicant’s arguments with respect to Sakaguchi have been considered but are moot because Sakaguchi is no longer used in the current rejection.
Conclusion
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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, Claire 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.
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.
/JELITZA M PEREZ/ Primary Examiner, Art Unit 1774
Prosecution Insights