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/Restrictions
Applicant’s election without traverse of Group I and Species A in the reply filed on 03/06/2026 is acknowledged.
Claims 5-9 and 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/06/2026.
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.
(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 1-4 and 8 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by EP 3,521,155 Lee et al. (hereinafter Lee).
Regarding claim 1, Lee discloses (figure 1, paragraphs 54-90) A method for reliquefying boil-off gas (BOG) containing volatile components, the method comprising: a) compressing a BOG stream 20, wherein the BOG stream exits a final compression stage as a finally compressed BOG stream having a final pressure from 20d; b) condensing the finally compressed BOG stream to obtain an at least partly condensed, finally compressed fluid stream (cooled in 21d/0/41); c) providing a fluid receptacle 90 having a fluid stream inlet a2 and a fluid stream outlet PL/LL, wherein a position of the fluid stream outlet is selected such that it is above a predefined fluid containment volume; d) feeding the final compressed fluid stream through the fluid stream inlet into the fluid receptacle a2 into 90; e) setting a liquid level setpoint for the fluid receptacle such that the liquid level setpoint is at a level of an upper edge of the fluid stream outlet or a predefined distance above the upper edge of the fluid stream outlet (see paragraphs 63, 72-75); f) setting an upper final pressure limit for the final compression stage (see PL, see paragraphs 80--88; g) measuring a liquid level in the fluid receptacle (see paragraphs 72-75); h) measuring the final pressure (paragraphs 80-88); i) discharging a fluid stream from the fluid receptacle through the fluid stream outlet (through LL); j) cooling the fluid stream from the fluid receptacle step i) to a temperature equal to a saturation temperature of the fluid stream at a pressure lower than the final pressure (cooled in 42), in order to condense gaseous components of the fluid stream; k) transferring the cooled fluid stream when the measured liquid level is at least equal to the liquid level setpoint and/or when the measured final pressure is equal to the final pressure limit (see paragraphs 54-90 as discussed above).
Regarding claim 2, wherein the cooling of the fluid stream from the fluid receptacle j) includes jl) providing a refrigerant circuit in which a refrigerant flows through a heat exchanger; j2) feeding the discharged fluid stream from step i) into the heat exchanger; wherein the transferring of the cooled fluid stream step k) includes discharging the cooled fluid stream from the heat exchanger (see rejection of claim 1 above, Heat exchanger 42, see paragraphs 90-95).
Regarding claim 3, wherein the providing of the refrigerant circuit step jl) includes:-providing a refrigerant circuit in which a liquid refrigerant flows through the heat exchanger; and storing the refrigerant in a refrigerant storage tank, wherein the refrigerant in a lower region of the refrigerant storage tank is in its liquefied phase and in an upper region is in its gaseous phase (cooling provided in 42 from expanded stream a3 in 72 can be considered internal refrigerant stored in tank 90).
Regarding claim 4, wherein the refrigerant storage tank is structurally separate from the heat exchanger (90 separate from 42).
Regarding claim 8, wherein the discharge point of the liquid refrigerant from the refrigerant storage tank is placed above the inlet of the refrigerant into the heat exchanger (see figure, stream moves downward from tank 90).
Claims 1-4, 8, and 10 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated WO2019/234025 Lars et al. (hereinafter Lars).
Regarding claim 1, Lars discloses a method (figure 15) for reliquefying boil-off gas (BOG) containing volatile components, the method comprising: a) compressing a BOG stream, wherein the BOG stream exits a final compression stage as a finally compressed BOG stream having a final pressure (BOG 1 compressed in 100/110/120); b) condensing the finally compressed BOG stream to obtain an at least partly condensed, finally compressed fluid stream (130); c) providing a fluid receptacle 140 having a fluid stream inlet 7 and a fluid stream outlet 15/20, wherein a position of the fluid stream outlet is selected such that it is above a predefined fluid containment volume (15 above a volume of 0 to ensure all fluid can be removed); d) feeding the final compressed fluid stream through the fluid stream inlet into the fluid receptacle (6/7); e) setting a liquid level setpoint for the fluid receptacle such that the liquid level setpoint is at a level of an upper edge of the fluid stream outlet or a predefined distance above the upper edge of the fluid stream outlet (see L1/LC1/ SB1, see claim 6, using level controller to set and control a level); f) setting an upper final pressure limit for the final compression stage; g) measuring a liquid level in the fluid receptacle (see pressure controller, claims 4-6; h) measuring the final pressure (P2/P7); i) discharging a fluid stream from the fluid receptacle through the fluid stream outlet through 15; j) cooling the fluid stream from the fluid receptacle step i) to a temperature equal to a saturation temperature of the fluid stream at a pressure lower than the final pressure, in order to condense gaseous components of the fluid stream (cooling in condensate sub cooler 150); k) transferring the cooled fluid stream when the measured liquid level is at least equal to the liquid level setpoint and/or when the measured final pressure is equal to the final pressure limit (see claims 1-6 and pages 26-28).
Regarding claim 2, Lars discloses wherein the cooling of the fluid stream from the fluid receptacle j) includes j) providing a refrigerant circuit (stream 8) in which a refrigerant flows through a heat exchanger; 150 j2) feeding the discharged fluid stream 15 from step i) into the heat exchanger 150; wherein the transferring of the cooled fluid stream step k) includes discharging the cooled fluid stream from the heat exchanger 19.
Regarding claim 3, Lars discloses wherein the providing of the refrigerant circuit step jl) includes:-providing a refrigerant circuit in which a liquid refrigerant flows through the heat exchanger; and storing the refrigerant in a refrigerant storage tank (droplet separator 160), wherein the refrigerant in a lower region of the refrigerant storage tank is in its liquefied phase and in an upper region is in its gaseous phase (see 160)
Regarding claim 4, wherein the refrigerant storage tank is structurally separate from the heat exchanger (160 separate from 150).
Regarding claim 8, wherein the discharge point of the liquid refrigerant from the refrigerant storage tank is placed above the inlet of the refrigerant into the heat exchanger (see droplet tank 160 is above 150 in figure 15).
Regarding claim 10, Lars discloses wherein the condensing b) is by means of seawater (page 26).
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.
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 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee OR Lars as applied to claim 1 above, and further in view of US 3,223,075 Barlow.
Regarding claim 9, Lee and Lars do not explicitly disclose wherein an ebullient cooling system is used in the cooling of the fluid stream j). Ebullient cooling heat exchangers are well known in the art at the time of applicant’s filing – Barlow provides one example of an ebullient cooling system to help cool a stream with refrigerant. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to utilize an ebullient heat exchanger as disclose by Barlow to provide cooling to the BOG of Lee or the BOG cooling of Lars in order to minimize temperature rise on the refrigerant by taking advantage of latent heat of vaporization (see column 1 of Barlow). Further this is merely a simple substitution of one known cooling system for another.
Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee as applied to claim 1 above, and further in view of Lars.
Regarding claim 10, Lee does not explicitly disclose wherein the condensing b) is by means of seawater. Lars provides seawater is a well-known cooling refrigerant for cooling boil off gas (see page 26) stating “the cooling medium used in the cargo condenser 130 can be seawater….”. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to utilize sea water as disclosed by Lars with the condensing of boil off of Lee to provide a cheap and easily accessible refrigerant that is also easily replaceable. Additionally, it is merely a simple substitution of one known refrigerant for another both of which are known to be able to cool boil off gas.
Conclusion
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/KEITH M RAYMOND/Supervisory Patent Examiner, Art Unit 3798
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