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 .
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of US11673091.
Regarding claims 1-20, US11673091 claims a system of producing electricity directly from biogas, the system comprising: a digester producing a raw digester gas from animal manure, the raw digester gas comprising methane, carbon dioxide and sulfur compounds; a biogas treatment apparatus configured to remove sulfur compounds from the raw digester gas to produce the biogas; a biogas purification treatment apparatus configured to purify the biogas to obtain a purified biogas suitable for methane-to-electricity-fuel cell operation; a solid oxide fuel cell configured to receive a charge of the purified biogas and to produce the electricity directly from the purified biogas, wherein the electricity produced from the purified biogas is associated with electrical charges received by electric vehicles (EVs) to generate renewable energy credits for apportionment.
Claim Rejections - 35 USC § 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.
1. Claims 1-6, 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsu (US 20160060537).
2. Regarding claims 1-6, Hsu teaches system of producing electricity directly from biogas (The present invention thus relates to a reforming plant that utilizes electricity that is generated by an energy source, such as by a renewable energy source [0005]; The zero emission energy system 600 may be applied to use renewable feedstock that includes municipal solid waste (MSW), municipal sewage, farm animal waste, biomass and woody biomass with a feedstock processor. The municipal sewage and farm animal waste may be first processed through a digester to yield biogas [0070]; The energy system 100 transforms various input gases, such as natural gas, syngas or biogas, into hydrogen rich gas that may be used by the electrochemical reaction of the fuel cell [0049]), the system comprising:
a digester producing a raw digester gas, the raw digester gas comprising methane, carbon dioxide and sulfur compounds (The municipal sewage and farm animal waste may be first processed through a digester to yield biogas, which includes methane CH4, CO2 and CO [0045]);
a biogas treatment apparatus configured to remove sulfur compounds from the raw digester gas to produce the biogas (The present invention is also directed to a method for producing a liquid fuel, comprising catalytically converting a hydrocarbon fuel into a reformate with a fuel processor [0013]; The fuel processor can include any suitable type of reformer…As shown the reformer processes or reforms the fuel, and the processed fuel can pass through a sulfur removal apparatus for removing sulfur from the processed fuel, to form the reformate [0036]);
a biogas purification treatment apparatus configured to purify the biogas to obtain a purified biogas suitable for methane-to-electricity-fuel cell operation (The reformate of the fuel processor may be processed with a pressure swing adsorption process to form two flow streams, namely, a high purity H2 steam and a high carbon concentration stream (CO, CO2) [0036]); and
a fuel cell configured to receive a charge of the purified biogas and to produce the electricity directly from the purified biogas (The fuel processor 120 can be a reformer, such as a steam reformer, that converts a renewable feedstock, such as methane rich gas, into a reformate including H2, CO and CO2, which in turn can be introduced to a fuel cell, such as a solid oxide fuel cell (SOFC) [0047]; woody biomass may be processed through a gasifier 610 to yield syngas which includes methane CH4, CO2 and CO [0070]), wherein the electricity produced from the purified biogas is associated with electrical charges to generate renewable energy credits for apportionment (610 has commercial value as the activated charcoal for commercial use and may claim for carbon credits and renewable energy credits [0073]).
3. Regarding claim 2, Hsu teaches wherein the raw digester gas is produced from animal manure (The municipal sewage and farm animal waste may be first processed through a digester to yield biogas [0045]).
4. Regarding claim 3, Hsu teaches wherein the animal manure comprises cow manure (The municipal sewage and farm animal waste may be first processed through a digester to yield biogas [0070]).
5. Regarding claim 4, Hsu teaches wherein the biogas is free of siloxanes (Hsu does not disclose siloxanes which indicates the biogas is free of siloxanes).
6. Regarding claims 5 and 6, Hsu teaches wherein the purified biogas exiting the biogas purification treatment apparatus is free of carbonyl sulfides (Hsu does not disclose carbon disulfides which indicates the carbon disulfides have been removed).
7. Regarding claim 10, Hsu teaches wherein the fuel cell is configured to produce carbon dioxide and water (The power generator can be any suitable type of generator configured to generate electricity of power from an input gas, such as hydrogen. Examples of suitable power generators include fuel cells [0090]; The power generator 140 may use the H2 rich stream derived from the reformer 120 to generate power, a byproduct of which is water [0049]; Also, the energy system generates CO2 [0011]).
8. Regarding claims 11 and 12, Hsu teaches comprising a plurality of animal manure digesters, each producing raw digester gas (The municipal sewage and farm animal waste may be first processed through a digester to yield biogas [0070]).
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 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.
9. Claims 7, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 20160060537) as applied to claim 1 in view of Weingaertner et al. (US 20200091531 filed 9/13/2018).
10. Regarding claims 7, 18, and 19, the complete discussion of Hsu as applied to claim 1 is incorporated herein. However, they are silent about the limitations of claims 7, 18, and 19.
11. Weingaertner teaches a sulfur adsorption reactor comprising a metal oxide configured to adsorb sulfur species from fuel [0005] and suitable metal oxide sorbents include…CuO [0032] for the benefit of an adsorption bed may be used to purify fuel [0065].
12. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hsu with Weingaertner’s teachings for the benefit of an adsorption bed may be used to purify fuel.
13. Claims 9, 16, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 20160060537) as applied to claim 1 in view of MacGregor (US 20200283362 filed PCT 9/21/2018).
14. Regarding claims 9, 16, 17 and 20, the complete discussion of Hsu as applied to claim 1 is incorporated herein. However, they are silent about the limitations of claim 9.
15. MacGregor teaches integration assembly may include an automation apparatus, such as a computer, configured to control the integration automatically in response to the input variables [0051], and various techniques described herein can be used in the context of a carbon capture, carbon storage, carbon trade, carbon credit, and carbon tax systems [0052] for electric power trains, carry hydrogen for fuel cell powered electric drives [0055], and a portion of the surplus and low demand AC based power stored in DC batteries, while enabling a steady state production of hydrogen and oxygen from water, may be converted back to AC to serve variable periods of high demand (peak) electricity [0024]. The control unit can be configured to receive information regarding the bio-methanol production process as well as the external electricity/power source(s), including cost information for external electricity as well as for inputs (e.g., biomass feedstocks) and outputs (e.g., bio-methanol) of the production system. The control unit can be configured to balance the electricity sources (i.e., internal and external) to minimize cost or to reduce cost while prioritizing more sustainable electricity sources [0056].
16. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hsu with MacGregor’s teachings for the benefit of serving variable periods of high demand (peak) electricity.
17. Claims 8, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 20160060537) as applied to claim 1 in view of Raaheim et al. (US 20190241434 filed PCT filed 7/17/2017).
18. Regarding claims 8, 13-15, the complete discussion of Hsu as applied to claim 1 is incorporated herein. Hsu teaches high temperature waste stream of the SOFC power generator is 600° C. to 800° C [0072]. Hsu teaches fuel cell operates at 80 to 100% of capacity (fuel cells of unlimited capacity [0016]). However, they are silent about the limitations of claims 8 and 14.
19. Raaheim teaches the fuel cell 120 may be charged with raw biogas or a combination of hydrogen and raw biogas [0046], and biogas from food waste (or other sources such as manure and wastewater) treatment facilities typically consist of 35-45% CO2 as a source for hydrogen production used in hydrogen fuel cell electric vehicles. [0007]
20. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hsu with Raaheim’s teachings for the benefit of hydrogen production used in hydrogen fuel cell electric vehicles.
Conclusion
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/OLATUNJI A GODO/Primary Examiner, Art Unit 1752