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 .
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al (US 20240100469; hereinafter Yoon).
As regarding claim 11, Yoon discloses the claimed invention for a hydrogen purification method using a pressure swing adsorption apparatus, comprising: proving the pressure swing adsorption apparatus comprising: a raw material feed pipe for supplying a mixed hydrogen gas produced after ammonia decomposition; a plurality of adsorption towers including a guard bed unit disposed at a lower position and a hydrogen purification unit disposed at an upper position; a vacuum pump connected to the plurality of adsorption towers to maintain the plurality of adsorption towers under vacuum pressure; and a plurality of valves configured to open and close pipes connecting the plurality of adsorption towers and the vacuum pump, wherein each adsorption tower of the guard bed unit is packed with a first adsorbent and a second adsorbent arranged in layers to selectively remove moisture and ammonia, respectively, from the mixed hydrogen gas, wherein each adsorption tower of the hydrogen purification unit is packed with a third adsorbent to selectively remove nitrogen from the mixed hydrogen gas; feeding the mixed hydrogen gas produced after ammonia decomposition into an adsorption tower of the guard bed unit through the raw material feed pipe; selectively adsorbing and removing moisture by allowing the fed mixed hydrogen gas to pass through the first adsorbent packed at a lower layer region of the adsorption tower in the guard bed unit; selectively adsorbing and removing ammonia by allowing the mixed hydrogen gas free of moisture to pass through the second adsorbent packed at an upper layer region of the adsorption tower in the guard bed unit; feeding the mixed hydrogen gas free of moisture and ammonia into the adsorption tower of the hydrogen purification unit; and selectively adsorbing and removing nitrogen by allowing the fed mixed hydrogen gas free of moisture and ammonia to pass through the third adsorbent packed in the adsorption tower in the hydrogen purification unit to acquire purified hydrogen.
Yoon does not disclose the guard bed unit disposed at a lower position and the hydrogen purification unit disposed at an upper position. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide the guard bed unit disposed at a lower position and the hydrogen purification unit disposed at an upper position for compact PSA apparatus, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Yoon as modified does not disclose when during operation a lowest pressure reached in each adsorption tower of the guard bed unit is not less than one fourth of a raw material feed pressure. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide when during operation a lowest pressure reached in each adsorption tower of the guard bed unit is not less than one fourth of a raw material feed pressure in order to enhance PSA apparatus performance, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Where patentability is said to be based upon particular chosen values or upon another variable recited in the claim, the applicant must show that the chosen values are critical and unexpected results.
As regarding claim 12, Yoon as modified discloses all of limitations as set forth above. Yoon as modified discloses the claimed invention for wherein the step of selectively adsorbing and removing ammonia reduce an amount of ammonia in the mixed hydrogen gas free of moisture is less than 0.1 ppm, and wherein the step of selectively adsorbing and removing nitrogen reduced an amount of nitrogen in the purified hydrogen to less than 10 ppm ([0035], [0055], [0060]).
Alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the step of selectively adsorbing and removing ammonia reduce an amount of ammonia in the mixed hydrogen gas free of moisture is less than 0.1 ppm, and wherein the step of selectively adsorbing and removing nitrogen reduced an amount of nitrogen in the purified hydrogen to less than 10 ppm in order to achieve ultra-high-purity hydrogen that is safe, effective, and compliant for sensitive applications, while preventing catalyst poisoning and system degradation, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
As regarding claim 13, Yoon as modified discloses all of limitations as set forth above. Yoon as modified discloses the claimed invention except for wherein the guard bed unit comprises first through fifth adsorption towers, and the hydrogen purification unit comprises first through fifth adsorption towers, wherein the method further comprises: operating each of the first through fifth adsorption towers of the guard bed unit to perform an adsorption step, a first pressure equalization step, a second pressure equalization step, a purge providing step, a countercurrent blowdown step, a vacuum purge step, a first pressurization step, a second pressurization step and a final pressurization step by product in sequence operating each of the first through fifth adsorption towers of the hydrogen purification unit to perform an adsorption step, a first pressure equalization step, a second pressure equalization step, a purge providing step, a countercurrent blowdown step, a vacuum purge step, a first pressurization step, a second pressurization step and a final pressurization step by product in sequence.
Yoon as modified does not disclose wherein the guard bed unit comprises first through fifth adsorption towers, and the hydrogen purification unit comprises first through fifth adsorption towers, wherein the method further comprises: operating each of the first through fifth adsorption towers of the guard bed unit to perform an adsorption step, a first pressure equalization step, a second pressure equalization step, a purge providing step, a countercurrent blowdown step, a vacuum purge step, a first pressurization step, a second pressurization step and a final pressurization step by product in sequence operating each of the first through fifth adsorption towers of the hydrogen purification unit to perform an adsorption step, a first pressure equalization step, a second pressure equalization step, a purge providing step, a countercurrent blowdown step, a vacuum purge step, a first pressurization step, a second pressurization step and a final pressurization step by product in sequence in order to further targeted removal of moisture and ammonia, protects the main adsorbent beds, enhances purity and recovery, and improves process and system lifespan – leading to reliable production of ultra-high-purity hydrogen for demanding applications, since it has been held that mere duplication of parts has no patentable significance, unless a new and unexpected result is produced, since it involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Claim 14 is likewise rejected for reasons analogous to those set forth for claim 13 above.
As regarding claim 15, Yoon as modified discloses all of limitations as set forth above. Yoon as modified discloses the claimed invention for regenerating the first adsorbent and second adsorbent of an adsorption tower of the guard bed unit by supplying tail gas emitted from an adsorption tower of the hydrogen purification unit as a purge gas to the adsorption tower of the guard bed unit after the countercurrent blowdown step ([0050]-[0051], [0059] and claim 14).
Response to Arguments
Applicant’s arguments with respect to claim(s) 11-15 have been considered but are moot because of the new ground of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/DUNG H BUI/ Primary Examiner, Art Unit 1773