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 .
Applicant amended Claim 13. Support for the amendment is found in the original filing. No new matter is presented.
Information Disclosure Statements
The information disclosure statements (IDS) submitted on 07/20/2023, 03/20/2024, 11/19/2024, 02/04/2025, 04/21/2025, and 09/22/2025 have been considered by the examiner.
Election/Restrictions
Claims 1-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected process, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/11/2025.
Applicant's election with traverse of Group II Claims 7-15 in the reply filed on 11/11/2025 is acknowledged. The traversal is on the ground(s) that Claim 7 has been amended to recite that hydrogen-rich gas is introduced into the system of Claims 7-15. This is not found persuasive because the introduction of hydrogen-rich reducing gas into the system of Claims 7-15 is an intended use. It remains that Groups I and II share a technical feature.
The requirement is still deemed proper and is therefore made FINAL.
Response to Amendment
Responsive to communications filed on 04/09/2026, an amendment to Claim 13 overcoming the objection made 01/09/2026 has been acknowledged.
The rejections over Astoria et al. US 20200385827 A1 are maintained as set forth below.
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.
(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.
Claims 7-15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Astoria et al. US 20200385827 A1.
Regarding Claim 7, Astoria et al. ‘827 discloses a system for the production of direct reduced iron (meeting the limitation for sponge iron), the system comprising a direct reduction shaft comprising a reducing gas inlet and a top gas outlet [0013], (Fig. 3 (A)), wherein a hydrogen-rich reducing gas is introduced into the direct reduction shaft through the reducing gas inlet (Fig. 3), a source of make-up gas being arranged in fluid communication with the reducing gas inlet [0013]. Astoria et al. ‘827 discloses a heat exchanger for pre-heating the hydrogen-rich reducing gas and the heat exchanger is arranged in fluid communication with the top gas outlet such that top gas is passed through the heat exchanger which cools the top gas and heats the hydrogen-rich reducing gas (Fig. 3 (E)) as well as a bleed-off valve arranged in fluid communication with the top gas outlet and arranged to divide top gas between a recycle stream outlet and a bleed-off stream outlet (Fig. 3, 3)[0015]. Astoria et al. ‘827 discloses a separation unit arranged in fluid communication with the bleed-off stream outlet and arranged to separate a bleed-off stream into a hydrogen-enriched stream and an inert-enriched stream [0013, 0015]. The system of Astoria et al. ‘827 is capable of supplying a source of make-up gas that consists essentially of hydrogen gas, meeting the limitation of the instant Claim.
Regarding Claim 8, Astoria et al. ‘827 discloses a gas separation unit (Fig. 3 (I))[0027] is a membrane separation or pressure swing absorption unit, meeting the limitations of the instant Claim.
Regarding Claim 9, Astoria et al. ‘827 discloses the source of recirculated spent gas (meeting the limitation for make-up gas) is a water electrolyzer unit [0010], meeting the limitations of the instant Claim.
Regarding Claim 10, Astoria et al. ‘827 discloses the direct reduction shaft comprises a reduction zone and a carburizing zone (claim 10) and wherein the direct reduction shaft is arranged to prevent passage of gas from the carburization zone to the reduction zone [0013], meeting the limitations of the instant Claim.
Regarding Claim 11, Astoria et al. ‘827 discloses the system comprises a carburization reactor vessel (Fig. 3, (F))[0027], meeting the limitations of the instant Claim.
Regarding Claim 12, Astoria et al. ‘827 discloses the carburization reactor comprises a carburizing gas inlet (18) and a spent carburizing gas outlet (19) and discloses the system further comprises a source of carburizing gas arranged in fluid communication with the carburizing gas inlet; a carburization bleed-off valve arranged in fluid communication with the spent carburizing gas outlet and arranged to divide spent carburizing gas between a carburization recycle stream outlet and a carburization bleed-off stream outlet; and the carburization bleed-off stream outlet is arranged in fluid communication with a separation unit [0012] (Fig. 3), meeting the limitations of the instant Claim.
Regarding Claim 13, Astoria et al. ‘827 teaches the system further comprises a carbon separation unit wherein the carburization bleed-off stream outlet is arranged in fluid communication with the separation unit via the carbon separation unit [0012] (Fig. 3), meeting the limitations of the instant Claim.
Regarding Claim 14, Astoria et al. teaches a system not comprising a CO2 separation unit (Fig. 3), meeting the limitations of the instant Claim.
Regarding Claim 15, Astoria et al. teaches the system further comprises an auxiliary separation unit arranged in fluid communication with an inert-enriched stream outlet of the separation unit, and wherein the auxiliary separation unit is a membrane separation unit [0027], meeting the limitations of the instant Claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 6027545 A teaches a system capable of producing sponge iron with a gas consisting essentially of hydrogen.
CN 111270036 A teaches a system for the direct reduction of iron with hydrogen.
Response to Arguments
Applicant's arguments filed 04/09/2026 have been fully considered but they are not persuasive.
Applicant argues “Astoria does not disclose the use of top gas as the heating medium for the reducing gas through a heat exchanger [emphasis added].” However, the claims are drawn to a system, not to a method of producing sponge iron. The system of Astoria reads on the limitations of the instant claims features valves and connections meeting the limitation for a bleed-off valve arranged in fluid communication with the top gas outlet and arranged to divide top gas between a recycle stream outlet and a bleed-off stream outlet. See MPEP 2141.01(a) I. “[A] reference need not be from the same field of endeavor as the claimed invention in order to be analogous art.” Bigio, 381 F.3d at 1325, 72 USPQ2d at 1212. As set forth above, the system of Astoria further comprises a separation unit used to remove hydrogen from the gas and return the gas to the process loop See e.g. Astoria et al. ‘827 at [0012]. While a method of producing sponge iron may vary, any differences in the use of the valves do not negate the system of Astoria et al. ‘827 being capable of performing the function of the instant Claims. Applicant’s arguments are not persuasive as to the system claims examined herein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20160002744 A1 teaches splitting top gas within a direct reduction process to prevent the accumulation of inert gases and improve efficiency.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORIAH S. SMOOT whose telephone number is (571)272-2634. The examiner can normally be reached M-F 8:30am - 5pm EDT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Hendricks can be reached at (571) 272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/M.S.S./Examiner, Art Unit 1733
Prosecution Insights