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 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.
Claim(s) 1-5, 7-10 is/are rejected under 35 U.S.C. 102(a)(!) as being anticipated by US 2015/0125771 to Finnerty et al (Finnerty).
Regarding claim 1, Finnerty discloses an electrically heated apparatus (figs. 4A-D) at least comprising:
an electrically heated furnace (401, figs. 4A-D) having walls (410) defining a space; a first row (multiple rows of reactor units 408 shown in fig. 4B-C) of tubes running through the space, wherein the tubes have an inlet (from 431) and outlet (to 410) outside of the space;
a second row (multiple rows of reactor units 408 shown in fig. 4B-C) of tubes running through the space, wherein the tubes have an inlet (from 431) and outlet (to 410) outside of the space;
a first set of electrical radiative heating elements (439, figs. 4A-D; [204]) located in the space, wherein the first set comprises electrical radiative heating elements ([204]) located between the first and second rows of tubes (figs. 4A-D).
Regarding claim 2, Finnerty discloses the apparatus according to claim 1, wherein the first set of electrical radiative heating elements comprises electrical radiative heating elements (439) between a side wall of the space and the first row of tubes (Figs. 4A-D; 439 protrude through the side wall and hence, will be between the wall and the row of tubes).
Regarding claim 3, Finnerty discloses the apparatus according to claim 1, wherein the apparatus (1) comprises third (multiple rows of reactor units 408 shown in fig. 4B-C) and further rows of tubes (multiple rows of reactor units 408 shown in fig. 4B-C), with electrical radiative heating elements positioned between the rows (figs. 4A-D).
Regarding claim 4, Finnerty discloses the apparatus according to claim 1, wherein each row (4,14,24) of tubes (10) comprises at least ten tubes (10).
Regarding claim 5, Finnerty discloses the apparatus according to claim 1, wherein the tubes (10) extend in a substantially vertical manner (fig. 4B).
Regarding claim 7, Finnerty discloses the apparatus according to claim 1, wherein the electrical radiative heating elements extend in a substantially horizontal manner (figs. 4A-D).
Regarding claim 8, Finnerty discloses the apparatus according to claim 1, wherein the electrical radiative heating elements are not in direct contact with the tubes (fig. 4C).
Regarding claim 9, Finnerty discloses the apparatus according to claim 1, wherein the electrical radiative heating elements are tubular heating elements (figs. 4C-D).
Regarding claim 10, Finnerty discloses a method for performing a fluid conversion reaction or heating using the electrically heated apparatus according to claim 1, wherein the method comprises at least the steps of:
a) feeding a feed stream via the inlets of the tubes (As shown in fig. 4A);
b) subjecting the feed stream flowing through the tubes to a fluid conversion reaction or heating in the space of the apparatus using heating as generated by the electrical radiative heating elements (using 439, figs. 4A-D), thereby obtaining one or more reaction products or a heated feed stream;
c) removing the one or more reaction products or a heated feed stream from the apparatus via the outlets of the tubes (outlet to tubes 408, figs. 4A-D).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Finnerty.
Regarding claim 6, Finnerty discloses the apparatus according to claim 1, wherein the apparatus further comprises a second set (two sets of elements 439 are shown in figs. 4A-D) of electrical radiative heating elements located in the space, but does not explicitly disclose that the heating elements of the second set run substantially perpendicular to the heating elements of the first set.
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to have the heating elements of the second set on adjacent wall to the first set of heating elements and run substantially perpendicular to the heating elements of the first set, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11,697,099 to Carr et al.
US 3,901,659 to Joklik et al.
US 2021/0113980 to Van Der Ploeg
US 2021/0080176 to Kimura et al.
All references above describe general state of art.
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/DAPINDER SINGH/Primary Examiner, Art Unit 3746
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