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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 16, 19-20, and 22-24 all recite rwgs which renders the claims indefinite because the first disclosure in claim 16 does not initially spell out the acronym. This acronym should be identified in the first disclosure and then the acronym can be used. For the purpose of examination rwgs is interpreted as reverse water gas shift as is evident from the Applicant’s Specification.
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.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. PGPUB 20160083810 to Kuhl (Kuhl).
Regarding claim 16, Kuhl teaches introducing a non-gaseous charge to be thermoprocessed into a furnace (metal charge, Figure 5), - heating the furnace by means of combustion of fuel with oxidant (36 or it is noted that blast furnaces have burners, Figure 5), said fuel and oxidant being supplied to the furnace at regulated supply rates (36 has a burner which has a combustion gas inlet 38 and per Paragraph 0143 discloses added oxygen. In a burners normal orientation it is well known that and oxidant is required to perform combustion. The supply of each of these in their normal orientation would be regulated by the upstream processes either by limitations placed upon the upstream process or a regulator or the like placed upon a supply bottle. Alternatively, in its normal operation a furnace would operate with some sort of control or regulation on the gas lines), - generating an atmosphere in the furnace, said atmosphere comprising of a gaseous mixture comprising (a) combustion gas generated by the combustion of the fuel with the oxidant and (b) carbon dioxide released by the charge during thermoprocessing (Paragraph 0143), - withdrawing the thermoprocessed charge from the furnace (in its normal operation the product would be removed from the furnace) and - evacuating the gaseous mixture as flue gas from the furnace (through exhaust at 54 and/or 40. Alternatively the system in its normal operation would be shut down for maintenance or decomissioning which would necessitate evacuating the gaseous mixture), wherein - hydrogen is supplied to the process (through 124 and/or 52, Figure 4) and a non-zero fraction of the flue gas containing at least 50%vol and at most 100%vol CO2 is combined with at least part of the supplied hydrogen (Paragraph 0127 discloses 50-53% CO2 and hydrogen) and subjected to a rWGS reaction with said hydrogen in a rWGS reactor, wherein at least part of the CO2 in the fraction is converted into CO, and:- the reaction product of the rWGS reaction is supplied to the furnace as part or all of the fuel to be combusted (104, Figure 5).
Regarding claim 17, Kuhl teaches at least 80%vol C02, and/or * from 0 to 20%vol H20 H20 (Paragraph 0127 includes a percentage of water below 20%).
Regarding claim 18, Kuhl teaches wherein the fraction of the flue gas is a dehumidified flue-gas fraction (128, Figure 5).
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) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhl.
Regarding claim 26, Kuhl does not explicitly disclose wherein the fuel is combusted with the oxidant in multiple flames and/or by staged combustion. In its normal form a furnace would typically have more than one burner. To expedite prosecution the following is provided.
Kuhl discloses the claimed invention except for wherein the fuel is combusted with the oxidant in multiple flames and/or by staged combustion. It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide multiple burners, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Claim(s) 19-21 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhl in view of WO2017077421 to Bashir et al. (Bashir).
Regarding claim 19, Kuhl is silent on wherein heat is recovered from the evacuated flue gas and supplied to the rWGS reaction.
Bashir teaches wherein heat is recovered from the evacuated flue gas and supplied to the rWGS reaction (133 and/or 134, Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kuhl with the teachings of Bashir to provide wherein heat is recovered from the evacuated flue gas and supplied to the rWGS reaction. Doing so would improve the efficiency of the device.
Regarding claim 20, the modified device of Kuhl teaches wherein heat recovered from the evacuated flue gas is supplied to the rWGS reaction by using said recovered heat to heat the fraction of the flue gas upstream of the rWGS reactor and/or to heat the at least part of the supplied hydrogen upstream of the rWGS reactor and/or to heat the combined fraction of the flue gas and the at least part of the supplied hydrogen upstream of the rWGS reactor and/or to heat the rWGS reactor (133 and/or 134, Figure 1).
Regarding claim 21, the modified device of Kuhl teaches wherein heat is recovered from the evacuated flue gas and used for:- oxidant preheating, and/or - fuel preheating, and/or - drying and/or preheating of the charge to be thermoprocessed (133 and/or 134, Figure 1 of Bashir).
Regarding claim 23, the modified device of Kuhl teaches wherein a gaseous hydrocarbon-containing fuel is supplied to the process and injected into the furnace as additional fuel admixed with and/or separately from the reaction product of the rWGS reaction (natural gas at 103, Figure 1 of Bashir).
Regarding claim 24, the modified device of Kuhl teaches wherein the amount of additional fuel injected into the furnace is automatically regulated so that an instantaneous combustion heat requirement of the furnace is met by the combustion of the reaction product of the rWGS reaction together with the combustion of the injected additional fuel (natural gas at 103, Figure 1 of Bashir, Paragraph 0049 discloses control of temperature indicating regulation of the fuel which is common and well-known in the art and it is indicated by the ability to enable or enable this feature).
Claim(s) 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhl in view of U.S. PGPUB 20090313886 to Hinman et al. (Hinman).
Regarding claim 22, Kuhl is silent on wherein a further part of the hydrogen supplied to the process is injected into the furnace as additional fuel admixed with and/or separately from the reaction product of the rWGS reaction.
Hinman teaches wherein a further part of the hydrogen supplied to the process is injected into the furnace as additional fuel admixed with and/or separately from the reaction product of the rWGS reaction (Paragraph 0092 discloses injecting hydrogen to a burner). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kuhl with the teachings of Hinman to provide wherein a further part of the hydrogen supplied to the process is injected into the furnace as additional fuel admixed with and/or separately from the reaction product of the rWGS reaction. Doing so would be using another suitable equivalent alternative for the fuel.
Regarding claim 23, the modified device of Kuhl teaches wherein a gaseous hydrocarbon-containing fuel is supplied to the process and injected into the furnace as additional fuel admixed with and/or separately from the reaction product of the rWGS reaction (Paragraph 0092 discloses hydrogen in Hinman).
Regarding claim 24, the modified device of Kuhl teaches wherein the amount of additional fuel injected into the furnace is automatically regulated so that an instantaneous combustion heat requirement of the furnace is met by the combustion of the reaction product of the rWGS reaction together with the combustion of the injected additional fuel (Paragraph 0092 discloses hydrogen flow to a burner in Hinman. Regulation of the fuel is common and well-known in the art and it is indicated by the ability to enable or enable this feature).
Claim(s) 25 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhl in view of U.S. PGPUB 20180283789 to Kobayashi et al. (Kobayashi).
Regarding claim 25, Kuhl is silent on wherein the oxidant has an oxygen content of 70% to 100%vol.
Kobayashi teaches wherein the oxidant has an oxygen content of 70% to 100%vol (Paragraph 0049). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kuhl with the teachings of Kobayashi to provide wherein the oxidant has an oxygen content of 70% to 100%vol. Doing so would increase the efficiency of the device through fuel savings and allow for increased flame temperatures.
Regarding claim 27, Kuhl is teaches carbon dioxide is released into the furnace atmosphere by the charge during thermoprocessing (at least Paragraph 0155), and - wherein the charge is withdrawn from the furnace as the thermoprocessed charge (in its normal operation the product would be removed from the furnace).
Kuhl is silent on the process is a glass-melting process and - solid glass-forming material to be melted is introduced into the furnace as the non-gaseous charge to be thermoprocessed.
Kobayashi teaches wherein the process is a glass-melting process and - solid glass-forming material to be melted is introduced into the furnace as the non-gaseous charge to be thermoprocessed (Paragraph 0044), wherein the molten glass is withdrawn from the furnace as the thermoprocessed charge (90, Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kuhl with the teachings of Kobayashi to provide the process is a glass-melting process and - solid glass-forming material to be melted is introduced into the furnace as the non-gaseous charge to be thermoprocessed. Doing so would allow glass to be treated as desired.
Claim(s) 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhl in view of Kobayashi and U.S. Patent 3885945 to Rees et al. (Rees).
Regarding claim 28, Kuhl is silent on wherein the furnace is heated simultaneously by means of:a) the combustion of fuel with oxidant, and b) electrodes immersed in the glass-forming material.
Rees teaches wherein the furnace is heated simultaneously by means of:a) the combustion of fuel with oxidant, and b) electrodes immersed in the glass-forming material (43 and 12, Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kuhl with the teachings of Rees to provide wherein the furnace is heated simultaneously by means of:a) the combustion of fuel with oxidant, and b) electrodes immersed in the glass-forming material. Doing so would allow different types of heaters to be utilized as desired and allow for increased control of temperature.
Regarding claim 29, the modified device Kuhl is silent on wherein between 5 and 50% of the energy supplied to the furnace is supplied to the furnace by means of the electrodes. It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide wherein between 5 and 50% of the energy supplied to the furnace is supplied to the furnace by means of the electrodes, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In this case Rees teaches supplemental burners and electrodes all of which can be controlled and dependent on the desired properties of the glass one could control these burners and electrodes to meet this requirement or supply burners and electrodes that meet this requirement when all are fully powered. It is also noted that applicant did not disclose a criticality to this range.
Regarding claim 30, the modified device Kuhl is silent on wherein between 30 and 95 of the energy supplied to the furnace is supplied to the furnace by means of the electrodes. It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide wherein between 30 and 95 of the energy supplied to the furnace is supplied to the furnace by means of the electrodes, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In this case Rees teaches supplemental burners and electrodes all of which can be controlled and dependent on the desired properties of the glass one could control these burners and electrodes to meet this requirement or supply burners and electrodes that meet this requirement when all are fully powered. It is also noted that applicant did not disclose a criticality to this range.
Conclusion
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/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762