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 .
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.
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Claims 39-66 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6-9, 11, 14-23, 26-27 and 29-33 of U.S. Patent No. 11,891,302. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 11,891,302 claims a similar system and method.
Regarding claim 39, U.S. Patent No. 11,891,302 claims a water gas shift (WGS) reactor system comprising: a housing; a reaction tube disposed in the housing, wherein a reaction channel is defined within the reaction tube and a cooling fluid channel is defined between the housing and the reaction tube; a catalyst disposed in the reaction channel, the catalyst configured to catalyze a hydrogen generation reaction; and a heat transfer material disposed in the reaction channel, in which the heat transfer material comprises a foam (see claim 1).
Regarding claims 40-54, U.S. Patent No. 11,891,302 claims a water gas shift (WGS) reactor system wherein the catalyst comprises: a first catalyst disposed in the reaction channel and configured to catalyze the hydrogen generation reaction in a first temperature range; and a second catalyst disposed in the reaction channel and configured to catalyze the hydrogen generation reaction in a second temperature range lower than the first temperature range (see claim 2); wherein the heat transfer material is disposed in the reaction channel between the first catalyst and the second catalyst (see claim 3); wherein a distance between the heat transfer material and an inlet of the reaction channel is less than a distance between the catalyst structure and the inlet of the reaction channel (see claim 6); wherein the catalyst comprises a catalyst configured to catalyze the hydrogen generation reaction at a temperature of between 200° C. and 450° C (see claim 7); wherein the catalyst comprises a foam comprising a catalyst material (see claim 8); wherein the catalytic foam comprises a foam substrate, wherein the catalyst material is disposed on the foam substrate (see claims 8-9); wherein the catalyst comprises catalyst pellets (see claim 11); comprising a cooling channel heat transfer material disposed in the cooling fluid channel (see claim 14); wherein the cooling channel heat transfer material comprises a foam (see claim 15); wherein the housing comprises a cylindrical housing, and wherein the reaction tube is coaxial with the cylindrical housing (see claim 16); comprising an inner tube disposed in the reaction tube, wherein the reaction channel is defined by an annular space between the reaction tube and the inner tube, and wherein an inner cooling fluid channel is defined within the inner tube (see claim 17); comprising multiple reaction tubes disposed in the housing (see claim 18); wherein an inlet of the reaction channel and an outlet of the cooling fluid channel are disposed at a first end of the WGS reactor (see claim 19); wherein an inlet of the reaction channel is in fluid communication with an outlet of the cooling fluid channel (see claim 20); and comprising a flow controller configured to control a flow rate of cooling fluid through the cooling fluid channel (see claim 21).
Regarding claim 55, U.S. Patent No. 11,891,302 claims a method for producing hydrogen in a water gas shift (WGS) reactor, the method comprising: providing a cooling fluid in a cooling fluid channel defined between a housing of a WGS reactor and a reaction tube disposed in the housing; and flowing a gas comprising carbon monoxide and steam through a reaction channel defined the reaction tube; in which flowing the gas through the reaction channel comprises: flowing the gas across a heat transfer material disposed in the reaction channel to cool the gas; and flowing the cooled gas across a catalyst disposed in the reaction channel, the catalyst configured to catalyze a hydrogen generation reaction (see claim 22).
Regarding claim 56-66, U.S. Patent No. 11,891,302 claims a method in which an inlet of each reaction channel and an outlet of the cooling fluid channel are disposed at a first end of the WGS reactor (see claim 22); in which flowing the gas across the heat transfer material comprises comprising reducing the temperature of the flowing gas to a temperature at which the catalyst structure catalyzes the hydrogen generation reaction (see claim 22); comprising reducing the temperature of the flowing gas to a temperature between 200° C. and 450° C (see claim 22); wherein flowing the gas across the catalyst comprises: flowing the gas across a first catalyst disposed in the reaction channel, wherein the first catalyst is configured to catalyze the hydrogen generation reaction in a first temperature range; and flowing the gas across a second catalyst disposed in the reaction channel, wherein the second catalyst is configured to catalyze the hydrogen generation reaction in a second temperature range lower than the first temperature range (see claim 23); comprising flowing the gas across the heat transfer material after flowing the gas across the first catalyst (see claim 26); wherein flowing the gas across the heat transfer material comprises reducing the temperature of the flowing gas to within the second temperature range (see claim 27); comprising flowing cooling fluid through an inner cooling fluid channel defined within an inner tube disposed in the reaction tube (see claim 29); wherein flowing the gas through the reaction channel comprises flowing the gas from a first end of the WGS reactor to a second end of the WGS reactor; and wherein flowing the cooling fluid through the cooling fluid channel comprises flowing the cooling fluid from the second end of the WGS reactor to the first end of the WGS reactor (see claim 30); comprising adjusting a flow rate of the cooling fluid through the cooling fluid channel based on a flow rate of the gas through the reaction channel (see claim 31); and comprising providing steam from the cooling fluid channel to an input of the reaction channel (see claim 33).
Claim Objections
Claims 56-58 are objected to because of the following informalities: The examiner suggests ending the claims with a period. Appropriate correction is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA E YOUNG whose telephone number is (571)270-3163. The examiner can normally be reached M-F 7:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wang Claire 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.
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NATASHA E. YOUNG
Examiner
Art Unit 1774
/NATASHA E YOUNG/ Primary Examiner, Art Unit 1774