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 .
Election/Restriction
Applicant’s election, without traverse, of Group I (claims 1-16) in the reply filed on November 3, 2025, to the restriction requirement dated September 5, 2025, is hereby acknowledged.
Accordingly, claims 1-16 have been examined in the instant Office action whereas claims 17-20 have been withdrawn from consideration as drawn to a nonelected invention but remain pending with the present application.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp
Claims 1-16 are rejected on the ground of non-statutory double patenting (‘ODP’) as unpatentable over claims 1-15 of U.S. Patent No. 12,358,788 A1 (‘788 patent), which issued July 15, 2025.
Present independent claim 1 is not identical to independent claim 1 of the ‘788 patent in that the preamble of the method recited therein is drawn to a “method for reforming hydrocarbons,” whereas that of present claim 1 recites a “method for performing pyrolysis.”
However, the two sets of claims are not patentably distinct from each other because they are both drawn to a method for performing hydrocarbon pyrolysis (reforming hydrocarbons by heating) to provide a hydrogen-containing gas product that includes: heating a first group of a fluidized bed of coke particles using one or more heating elements within the first fluidized bed at a temperature of 1000° C (Figure 2 of the ‘788 patent) wherein a gas environment in the first fluidized bed can comprise a specified amount of hydrogen; flowing at least a portion of the coke particles from the fluidized bed into other fluidized bed stages comprising coke particles having a temperature of 1000° C or more; contacting a hydrocarbon-containing feed with coke particles in the fluidized bed stage under heat/pyrolysis conditions to form a partially converted hydrogen-containing effluent; and contacting a portion of the partially converted effluent with the first fluidized bed stage of coke particles to form a hydrogen-containing product (claims 1-3 of the ‘788 patent). Claims 12 and 13 of the ‘788 patent discloses that external heating of fluidized beds can be electrical heating (see also, col. 7, lines 14-19 of the ‘788 patent).
The method of the ‘788 patent further recites pneumatically transporting a recycled fraction of the first set of fluidized bed of coke particles with a transport gas and combining it with a hydrogen-containing effluent (claims 5-7 of the ‘788 patent). The hydrocarbons in the ‘788 patent are converted to hydrogen and carbon (claims 8 and 9 of the ‘788 patent).
Thus, the instant claims are unpatentable under ODP over claims of the ‘788 patent.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1, and 2-16 that depend therefrom, are rejected under 35 U.S.C. §102(a)(2) as anticipated by the ‘788 patent.
The ‘788 patent discloses a method for reforming hydrocarbons by pyrolysis of hydrocarbons that comprises contacting a hydrocarbon-containing feed with a first portion of coke particles in a first group of fluidized beds to form a heated hydrocarbon-containing feed, the hydrocarbon-containing feed sequentially passed into fluidized beds of coke particles, wherein the method further includes contacting the heated hydrocarbon-containing feed with a portion of coke particles in another group(s) of fluidized beds, operating under pyrolysis conditions, to form a hydrogen-containing effluent (abstract; col. 2, lines 35-45; Figures 1-3, wherein Figures 2 and 3 depict temperatures higher than 1000°Cfor pyrolysis/reactions). The one or more fluidized beds can be externally heated, such as electrical heating (col. 2, lines 45-46; col. 7, lines 14-19 of the ‘788 patent.)
The method of the ‘788 patent also includes contacting the hydrogen-containing effluent with another portion of coke particles in a subsequent group of fluidized beds to form a cooled hydrogen-containing effluent wherein the hydrogen-containing effluent can be sequentially passed into fluidized beds (col. 2, lines 47-52; col. 8, lines 15-34). Portions of coke particles can flow in a counter-current direction to the flow direction of a hydrocarbon-containing feed, and the hydrogen-containing effluent, a portion of coke particles passed into the second group of fluidized beds, other fractions of coke particles can pass into other fluidized beds and can include passing a recycled fraction of the first portion of coke particles into subsequent groups of fluidized beds that have undergone pyrolytic conditions/changes in temperatures (col. 2, lines 52 to col. 3, line13). The method can include pneumatic transport of recycled fraction of particles/fluidized beds (col. 3, line 21-31).
The ’788 patent further discloses that by using a plurality of sequential fluidized beds, methane pyrolysis is enhanced relative to configurations employing a moving bed or a single fluidized bed of a similar size, which allows a fluidized bed to have excellent heat transport capabilities so that a relatively uniform temperature is present throughout the fluidized bed (col. 5, lines 1-51). The hydrogen-containing product can be used as a transport gas after exiting from an upstream fluidized bed, wherein the coke particles can be withdrawn/travel through a conduit (via gravity) into pneumatic transport conduit (col. 11, lines 21-25). The gas for the pneumatic transport conduit can be the hydrogen-containing product gas generated by the pyrolysis reaction system, wherein after pneumatically lifting the coke particles, the coke particles are separated from the hydrogen-containing product gas, such as by using a cyclone separator, wherein the resultant hydrogen-containing product gas can used with fresh product gas from the reactor for use as product and/or for use as the transport gas/fluid (col. 11, lines 26-52).
Thus, claims 1-16 are anticipated by the ‘788 patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The closest cited prior art aside from Gupta discussed, supra, is USPN 3,424,554 to C.E. Jahnig and W.K. Lewis, published January 28, 1969. This patent discloses reforming hydrocarbons by continuous cracking of a hydrocarbon feed by contact with a fluidized bed of coke particles. However, the method further includes adding heated oxygen-rich air to the fluidized bed of the coke particles to obtain an effluent suitable for ammonia synthesis that is further reacted in a water/gas shift conversion zone with pressure to provide ammonia. See, for example, abstract and claim 5 of this patent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J FIGUEROA whose telephone number is (571)272-8916. The examiner can normally be reached on 8:30 am -6:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSEPH DEL SOLE can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN J FIGUEROA/Primary Examiner, Art Unit 1763
February 15, 2025