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 Objections
Claim 4 is objected to because of the following informalities: Language inconsistency.
Claim 4 recites: “…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 SMR tubes and downstream of the ammonia feed pump.” Language consistency is recommended in order to avoid confusion.
For purposes of examination, examiner will interpret claim 4 as reciting: “…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 SMR tubes and downstream of the ammonia pump.”
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/133577 in view of Weist et al. (WO2022/265651A1, hereinafter Weist).
Claim 1 of copending application 18/133577 contains substantially similar limitations as claim 1 of instant invention except: means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes.
However, Weist teaches an apparatus for producing hydrogen using a retrofitted 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 taken from a storage (not shown), i.e. ammonia storage vessel, 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 and page 12, lines 12-25; 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 in thermal communication with the catalyst-containing reactor tubes 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.).
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 claim 1 of copending application 18/133577 by further including means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes, as claimed in claim 1 of instant invention, as Weist teaches an apparatus for producing hydrogen using a retrofitted steam methane reformer (SMR) via ammonia cracking comprising, wherein the apparatus for producing hydrogen from ammonia comprises a pump for pressurizing liquid ammonia taken from a storage (not shown), i.e. ammonia storage vessel, carrying the heated ammonia to catalyst-containing reaction tubes for cracking heated ammonia from the first heat exchanger to produce a first cracked gas, wherein the at least one first heat exchanger is 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, wherein the catalyst-containing reactor tubes are in fluid communication with the first heat exchanger for cracking heated ammonia from the first heat exchanger, whereby a cracked gas conduit for feeding cracked gas from the catalyst-containing reactor tubes is carried to the first heat exchanger, and a flue gas conduit for feeding flue gas from the furnace to the first heat exchanger, and a first PSA system is in fluid communication with the catalyst-containing reactor tubes inside the furnace 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.).
This is a provisional nonstatutory double patenting rejection.
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 3-8 and 11 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.
Claim 3 recites: “…wherein the means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes further comprises an ammonia vaporizer, wherein ammonia is vaporized in the ammonia vaporizer to form the pressurized and gaseous ammonia stream, wherein the pressurized and gaseous ammonia stream is tied into feed piping and/or a feed distribution system of the existing SMR, wherein the feed piping and/or feed distribution system are located immediately upstream the SMR tubes.” There is no mention of SMR tubes previously any of the claims which claim 3 depends from. Therefore, there is insufficient antecedent basis for this limitation in the claim. Further, this limitation is considered indefinite because it is unclear as to what applicant refers to. It is unclear if the SMR tubes are the same plurality of reactor tubes of the furnace of claim 1 or if these are different tubes.
For purposes of examination, examiner will interpret claim 3 as reciting: “…wherein the means for or providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes further comprises an ammonia vaporizer, wherein ammonia is vaporized in the ammonia vaporizer to form the pressurized and gaseous ammonia stream, wherein the pressurized and gaseous ammonia stream is tied into feed piping and/or distribution system of the existing SMR, wherein the feed piping and/or feed distribution system are located immediately upstream of the plurality of reactor tubes.”
Claim 4 recites: “The apparatus as claimed in Claim 2, 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 consisting of an ammonia vaporizer, an ammonia interchanger, an ammonia preheater, an ammonia pre-reactor, and combinations thereof, wherein the new equipment is disposed upstream of the SMR tubes and downstream of the ammonia feed pump.” There is no mention of SMR tubes previously any of the claims which claim 4 depends from. Therefore, there is insufficient antecedent basis for this limitation in the claim. Further, this limitation is considered indefinite because it is unclear as to what applicant refers to. It is unclear if the SMR tubes are the same plurality of reactor tubes of the furnace of claim 1 or if these are different tubes.
For purposes of examination, examiner will interpret claim 4 as reciting: “The apparatus as claimed in Claim 2, 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 consisting of an ammonia vaporizer, an ammonia interchanger, an ammonia preheater, an ammonia pre-reactor, and combinations thereof, wherein the new equipment is disposed upstream of plurality of reactor tubes and downstream of the ammonia pump.”
Claim 5 recites: “The apparatus as claimed in claim 2, wherein the ammonia vaporizer is heated…” There is no mention of an ammonia vaporizer in any of the claims which claim 5 depends from. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 5 as reciting: ““The apparatus as claimed in claim 3, wherein the ammonia vaporizer is heated…”
Claim 6 recites: “…wherein the ammonia vaporizer is configured to vaporize and preheat ammonia at a temperature below 450°C, preferably below 350°C, more preferably below 300°C.” The term “preferably” is considered indefinite because it this is a relative term and it is unclear as to what the meets and bounds of the claim is.
For purposes of examination, examiner will interpret claim 6 as reciting: “…wherein the ammonia vaporizer is configured to vaporize and preheat ammonia at a temperature below 450°C.”
Claim 6 recites: “The apparatus as claimed in claim 2, wherein the ammonia vaporizer is configured to vaporize…” There is no mention of an ammonia vaporizer in any of the claims which claim 6 depends from. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 6 as reciting: ““The apparatus as claimed in claim 3, wherein the ammonia vaporizer is configured to vaporize…”
Claim 7 recites: “The apparatus as claimed in claim 2, the apparatus further comprises a waste heat recovery section, wherein the means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes further comprises heating pressurized ammonia from the ammonia pump in the waste heat recovery section to form the pressurized and gaseous ammonia stream.” This limitation is considered indefinite because it is unclear as to what applicant refers to. It is unclear if applicant is referring to an additional waste heat recovery section in addition to the plurality of waste heat recovery sections claimed in claim 1 or if applicant is referring to one of the plurality of waste heat recovery sections of claim 1 or if applicant is referring to the plurality of waste heat recovery sections of claim 1.
For purposes of examination, examiner will interpret claim 7 as reciting: “The apparatus as claimed in claim 2, wherein the means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes further comprises heating pressurized ammonia from the ammonia pump in the plurality of waste heat recovery sections to form the pressurized and gaseous ammonia stream.”
Claim 8 recites: “…wherein the furnace is configured to operate at a pressure between 15-80 bar, preferably 20-60 bar, more preferably 20-35 bar, and a temperature between 600-850ºC, preferably 650-750ºC.” The term “preferably” is considered indefinite because it this is a relative term and it is unclear as to what the meets and bounds of the claim is.
For purposes of examination, examiner will interpret claim 8 as reciting: “…wherein the furnace is configured to operate at a pressure between 15-80 bar, and a temperature between 600-850ºC.”
Claim 11 recites: “The apparatus as claimed in claim 1, wherein the plurality of catalyst tubes comprise a nitridation protective layer on an inner surface of the reactor tubes.” There is no mention of a plurality of catalyst tubes previously in clam 1. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 11 as reciting: “The apparatus as claimed in claim 1, wherein the plurality of reactor tubes comprise a nitridation protective layer on an inner surface of the reactor tubes.”
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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)(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 1-5 and 7 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Weist et al. (WO2022/265651A1, hereinafter Weist).
In regards to Claim 1, Weist discloses an apparatus for producing hydrogen using a retrofitted 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.).
Examiner notes that although Weist does not explicitly disclose the apparatus for producing hydrogen uses a retrofitted steam methane reformer (SMR), it has been held that if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. If the prior art structure is capable of performing the intended use as reciting in the preamble, then it meets the claim. See MPEP 2111.02.II.
In regards to Claim 2, Weist discloses wherein the means for or providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes (8) comprises an ammonia storage vessel 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, 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.).
In regards to Claim 3, Weist discloses wherein the means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes further comprises an ammonia vaporizer, wherein ammonia is vaporized in the ammonia vaporizer to form the pressurized and gaseous ammonia stream, wherein the pressurized and gaseous ammonia stream is tied into feed piping and/or distribution system of the existing SMR, wherein the feed piping and/or feed distribution system are located immediately upstream of the plurality of reactor tubes (8) (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). The pressurized and heated ammonia stream is tied into feeding pipe (6) and/or feed distribution system 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.).
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 a plurality of reactor tubes (8) further comprises heating pressurized ammonia from the ammonia pump (P102) in 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.).
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 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Weist.
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; Weist discloses wherein the pressurized liquid ammonia (line 4) is then heated, vaporized and heated further, up to a temperature of greater than 250ºC, which falls inside the claimed range of a temperature below 450ºC, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.).
In regards to Claim 8, Weist discloses wherein the furnace (10) is configured to operate at a pressure between 15-80 bar (see figure 1 and page 7, lines 31-32; Weist discloses wherein 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 range of from 15-80bar, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP2144.05.).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Weist in view of Sakaguchi et al. (WO2022/153719A1, rejection relied on US equivalent Pat. Pub. No. 2024/0316520, hereinafter Sakaguchi).
In regards to Claim 9, Weist discloses the apparatus as recited in claim 1, but fails to disclose wherein the means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes comprise piping that comprises a nitridation resistant material and/or has a nitridation protective layer on an inner surface of the piping.
However, Sakaguchi teaches an ammonia decomposition system capable of suppressing nitridation of a material for a reactor where ammonia is decomposed (see paragraph [0005]). The ammonia decomposition system comprises a reactor #2 filled with a catalyst for a decomposition reaction where ammonia is decomposed into hydrogen and nitrogen, i.e. SMR reactor furnace (see paragraph [0006]). The reactor #2 is connected to a raw material supply line #4 for supplying the ammonia raw material to the reactor. The raw material line #4 is provided with an evaporator #5 for evaporating the liquid ammonia supplied from a storage facility for storing liquid ammonia into gaseous ammonia, i.e. means for providing a pressurized and gaseous ammonia stream to the reactor. The reactor #2 is connected to one end of an outflow gas line #6 through which an outflow gas having flowed out of the reactor flows and the outflow gas contains nitrogen, hydrogen and unreacted ammonia (see paragraph [0016]). Another end of the of the outflow gas line #6 is connected to an ammonia recovery device #7, which may be a PSA device (see paragraph [0017]).
Sakaguchi further teaches in an embodiment, an inner surface #2a of the reactor #2 may be covered with a refractory material such as brick, a refractory brick, or refractory cement, to reduce the risk of nitridation of the connection portion #2b of the reactor #2 (see figure 6 and paragraph [0033]).
In view of this, since Sakaguchi teaches that an inner surface of the reactor is covered with a refractory material to reduce the risk of nitridation of the connection portion of the reactor, it is considered reasonably obvious, absent evidence to the contrary, to also cover the inner surfaces of the raw material line piping to further reduce the risk of nitridation of the piping and extend the life of the piping as well.
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 as disclosed by Weist by further having the means for providing a pressurized and gaseous ammonia stream to a plurality of reactor tubes comprise piping that comprises a nitridation resistant material and/or has a nitridation protective layer on an inner surface of the piping, as claimed by the applicant, with a reasonable expectation of success, as Sakaguchi teaches an ammonia decomposition system capable of suppressing nitridation of a material for a reactor where ammonia is decomposed, wherein the ammonia decomposition system comprises a reactor filled with a catalyst for a decomposition reaction where ammonia is decomposed into hydrogen and nitrogen, i.e. SMR reactor furnace, wherein the reactor is connected to a raw material supply line for supplying the ammonia raw material to the reactor, and an evaporator for evaporating the liquid ammonia supplied from a storage facility for storing liquid ammonia into gaseous ammonia, wherein the reactor is connected to one end of an outflow gas line through which an outflow gas having flowed out of the reactor flows and the outflow gas contains nitrogen, hydrogen and unreacted ammonia, and another end of the of the outflow gas line is connected to an ammonia recovery device, which may be a PSA device, whereby an inner surface of the reactor may be covered with a refractory material such as brick, a refractory brick, or refractory cement, to reduce the risk of nitridation of the connection portion of the reactor, thereby improving and extending the life of the system as a whole (see figure 6 and paragraph [0033]).
In regards to Claim 10, Weist, in view of Sakaguchi, discloses the apparatus as recited in claim 9. Sakaguchi further teaches 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 (see figure 6 and paragraph [0033]).
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 as disclosed by Weist by further having the nitridation protective layer to be 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, as claimed by the applicant, with a reasonable expectation of success, as Sakaguchi teaches an ammonia decomposition system capable of suppressing nitridation of a material for a reactor where ammonia is decomposed, wherein the ammonia decomposition system comprises a reactor filled with a catalyst for a decomposition reaction where ammonia is decomposed into hydrogen and nitrogen, i.e. SMR reactor furnace, wherein the reactor is connected to a raw material supply line for supplying the ammonia raw material to the reactor, and an evaporator for evaporating the liquid ammonia supplied from a storage facility for storing liquid ammonia into gaseous ammonia, wherein the reactor is connected to one end of an outflow gas line through which an outflow gas having flowed out of the reactor flows and the outflow gas contains nitrogen, hydrogen and unreacted ammonia, and another end of the of the outflow gas line is connected to an ammonia recovery device, which may be a PSA device, whereby an inner surface of the reactor may be covered with a refractory material such as brick, a refractory brick, or refractory cement, to reduce the risk of nitridation of the connection portion of the reactor, thereby improving and extending the life of the system as a whole (see figure 6 and paragraph [0033]).
In regards to Claim 11, Weist discloses the apparatus as recited in claim 1, but fails to disclose wherein the plurality of reactor tubes comprise a nitridation protective layer on an inner surface of the reactor tubes.
However, Sakaguchi teaches an ammonia decomposition system capable of suppressing nitridation of a material for a reactor where ammonia is decomposed (see paragraph [0005]). The ammonia decomposition system comprises a reactor #2 filled with a catalyst for a decomposition reaction where ammonia is decomposed into hydrogen and nitrogen, i.e. SMR reactor furnace (see paragraph [0006]). The reactor #2 is connected to a raw material supply line #4 for supplying the ammonia raw material to the reactor. The raw material line #4 is provided with an evaporator #5 for evaporating the liquid ammonia supplied from a storage facility for storing liquid ammonia into gaseous ammonia, i.e. means for providing a pressurized and gaseous ammonia stream to the reactor. The reactor #2 is connected to one end of an outflow gas line #6 through which an outflow gas having flowed out of the reactor flows and the outflow gas contains nitrogen, hydrogen and unreacted ammonia (see paragraph [0016]). Another end of the of the outflow gas line #6 is connected to an ammonia recovery device #7, which may be a PSA device (see paragraph [0017]).
Sakaguchi further teaches in an embodiment, an inner surface #2a of the reactor #2 may be covered with a refractory material such as brick, a refractory brick, or refractory cement, to reduce the risk of nitridation of the connection portion #2b of the reactor #2 (see figure 6 and paragraph [0033]).
In view of this, since Sakaguchi teaches that an inner surface of the reactor is covered with a refractory material to reduce the risk of nitridation of the connection portion of the reactor, it is considered reasonably obvious, absent evidence to the contrary, to also cover the inner surfaces of the plurality of reactor tubes to further reduce the risk of nitridation of the reactor tubes and extend the life of the reactor tubes as well.
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 as disclosed by Weist by further having the plurality of reaction tubes to comprise a nitridation protective layer on an inner surface of the reactor tubes, as claimed by the applicant, with a reasonable expectation of success, as Sakaguchi teaches an ammonia decomposition system capable of suppressing nitridation of a material for a reactor where ammonia is decomposed, wherein the ammonia decomposition system comprises a reactor filled with a catalyst for a decomposition reaction where ammonia is decomposed into hydrogen and nitrogen, i.e. SMR reactor furnace, wherein the reactor is connected to a raw material supply line for supplying the ammonia raw material to the reactor, and an evaporator for evaporating the liquid ammonia supplied from a storage facility for storing liquid ammonia into gaseous ammonia, wherein the reactor is connected to one end of an outflow gas line through which an outflow gas having flowed out of the reactor flows and the outflow gas contains nitrogen, hydrogen and unreacted ammonia, and another end of the of the outflow gas line is connected to an ammonia recovery device, which may be a PSA device, whereby an inner surface of the reactor may be covered with a refractory material such as brick, a refractory brick, or refractory cement, to reduce the risk of nitridation of the connection portion of the reactor, thereby improving and extending the life of the system as a whole (see figure 6 and paragraph [0033]).
Conclusion
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/JELITZA M PEREZ/ Primary Examiner, Art Unit 1774