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 .
Applicant’s election without traverse of claims 15-24 in the reply filed on December 16, 2025 is acknowledged.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 15-24 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2923/006291 A1 in view of SCHEIFF et al (US 2022/0352721).
Regarding claim 15, WO 2023/006291 A1 discloses a process for the synthesis of ammonia and nitric acid. (See the Abstract and page 3, lie 15 to page 4, line 1.) . WO 2023/006291 A1 teaches on page 4, lines 2-4 that the ammonia is formed by reacting hydrogen and nitrogen. . WO 2023/006291 A1 also discloses on page 3, lines 5-9 that the production of ammonium nitrate is possible. Since. WO 2023/006291 A1 discloses hydrogen, nitrogen, ammonia, nitric acid and ammonium nitrate as reactants and/or products, it would be obvious to provide plants to produce and store the corresponding components. . WO 2023/006291 A1 also teaches on page 8, lines 8-10 that electrolysis of water in the process uses a renewable source of energy. . WO 2023/006291 A1 also discloses on page 10, lines 2-18 that steam and electricity are used in the process. It would be obvious from SCHEIFF et al to provide an electricity grid and a steam grid to provide such electricity and steam, since SCHEIFF et al teach in Paragraph [0045] that local energy carrier grids can be divided into grids/storage means for heat carriers, for example steam grids/storage means. Such steam grid, electricity grid, hydrogen plant and nitrogen plants of WO 2023/006291 A1 would be configured to be provided with the renewable source of power, and the ammonia plant, nitrogen plant, nitric acid plant and ammonium nitrate plant of WO 2023/006291 A1 would be configured to recover energy therefrom, to no less extent than the system recited in applicant’s claim 15.
Regarding claims 16 and 17, it would be further obvious from SCHEIFF et al to provide a steam generator, electric steam boiler and solar steam boiler as the steam grid in the process of . WO 2023/006291 A1, since SCHEIFF et al teach in Paragraph [0115] that a steam grid is advantageously fed from a central steam generator. And in Paragraph [0006] that solar energy can be used to operate power plants.
Regarding claim 18, SCHIFF et al disclose in Paragraph [0006] that wind energy can be used to operate power plants.
Regarding claims 19 and 20, . WO 2023/006291 A1 teaches in claim 19 on page 23 that the system includes a water electrolyzer arranged to produce hydrogen by water electrolysis. It is well-known that alkaline electrolyzers and solid oxide electrolyzers are conventional types of electrolyzes.
Regarding claims 21-24, SCHEIFF et al suggest in Paragraph [0045] that the energy carrier grids can be used to store intermediates, such as hydrogen.
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.
Claims 15-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-32 of copending Application No. 19/145594(reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are obvious variants of the claims of SN 19/145594. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
GB 2536996 A is made of record for disclosing an integrated process for producing ammonium nitrate by reaction ammonia with nitric acid forming the ammonia by reacting hydrogen and nitrogen.
SCMID (US 2013/0260263) is made of record for disclosing the production of ammonium nitrate by reacting ammonia and nitric acid in Paragraph [0034]. Johnston et al ‘745) (US 8,628,745) and Johnston et al ‘364 (US 9,493,364) are made of record for disclosing integrated processes for producing ammonium nitrate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LANGEL whose telephone number is (571) 272-1353. The examiner can normally be reached Monday through Friday from 8:15 am to 4:15 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LANGEL/Primary Examiner, Art Unit 1736