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 § 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 18 and 21 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.
With respect to claim 18, the claim is indefinite. The claim recites wherein the vapor pressure is above 100,000 Pa2, however Pa2 is not a standard unit of measurement. Correction is required.
With respect to claim 21, the claim is indefinite. The claim recites feeding the first hydrocarbon liquid product to a “second”. The claim fails to identify what the Applicant means, second feedstock, second separation unit or separate hydroprocessing zone. Correction is required.
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) 1-4 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (US 2022/0204869) in view Topsoe (WO 2022/101333).
With respect to claim 1, Jorgensen discloses a system for hydroprocessing a hydrocarbon feedstock (see abstract), comprising:
a first stage of a hydroprocessing system (see paragraph 0024), wherein the first stage comprises one or more reactors and is configured to convert the hydrocarbon feedstock into an intermediate product having hydrogen halide, ammonia (NH3), and an ammonium salt (see paragraph 0037, 0042-0043); and
a heating system comprising a plurality of heat exchanger arranged in a loop and having a heat transfer fluid configured to recover and dispense heat to one or more fluids in the first stage, and wherein the at least one heat exchanger is configured to maintain a temperature of the intermediate product above a de-sublimation temperature of ammonia and hydrogen halide (see paragraph 0043), wherein at least one heat exchanger (32) of the plurality of heat exchangers is disposed between the one or more first reactors (24) and a separation section (40) (see paragraph 0043).
Jorgensen fails to disclose wherein the hydrocarbon feedstock has a total chlorine (Cl) content greater than 3 parts per million weight (40).
However, in a related process for treating hydrocarbon feedstock including halides, such as chlorine, Topsoe discloses wherein such feedstock comprises at least 10 ppm to about 10,000 ppm halide concentration (see abstract).
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify Jorgensen in view of Topsoe with the claimed, hydrocarbon feedstock has a total chlorine (Cl) content greater than 3 parts per million by weight, as said halide concentration is within conventionally treated hydrocarbon feedstock.
With respect to claim 2, the prior combination teaches the limitation of claim 1.
Jorgensen further discloses wherein the system further comprising a separation system disposed within the separation section and configured to receive the intermediate product and to separate the intermediate product into an aqueous stream and the first hydrocarbon liquid (see paragraph 0044).
With respect to claim 3, the prior combination teaches the limitation of claim 2.
Jorgensen further discloses wherein the system further comprising a first conduit (26) extending between and fluidly coupling the first stage (24) and the separation system (40), a second conduit (42) extending between and fluidly coupling the separation system and the first conduit, wherein the second conduit is configured to inject an quench fluid generated in the separation system into the first conduit downstream of the at least one heat exchanger of the plurality of heat exchangers, and wherein the first conduit comprises the intermediate product (see paragraph 0043).
With respect to claim 4, the prior combination teaches the limitation of claim 3.
Jorgensen further discloses wherein the quench fluid is a wash water stream (see paragraph 0043).
With respect to claim 7, the prior combination teaches the limitation of claim 1.
Jorgensen further discloses wherein the ammonium salt is ammonium chloride , ammonium halide, and combinations thereof (see paragraph 0037 and 0043).
With respect to claim 8, the prior combination teaches the limitation of claim 7.
Jorgensen further discloses wherein the intermediate product includes HCL and NH3 , and further discloses wherein reactor temperature pressure is about 30 Barg (see paragraph 0042-0043).
Jorgensen fails to disclose wherein the intermediate product is a pressure above 100,000 Pa (greater than 1 bar), as claimed.
However, Topsoe discloses wherein precipitation temperature of ammonium halides for ammonium chloride in concentrations above 500 ppm and a pressure of 100 Barg this temperature is 280°C as an example, and typically for the relevant conditions this temperature will be in the range 150-300°C (see page 3, lines 25-32).
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify the pressure of the claimed intermediate product, through routine experimentation.
Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
With respect to claim 9, the prior combination teaches the limitation of claim 1.
Jorgensen further discloses wherein the heating system comprises a fluid vessel configured to contain the heat transfer fluid and a heater disposed between the fluid vessel and the at least one heat exchanger, wherein the heater is configured to heat the heat transfer fluid upstream of the at least one heat exchanger (see paragraph 0043, separate steam circuit).
With respect to claim 10, the prior combination teaches the limitation of claim 1.
Jorgensen further discloses wherein the feedstock is a liquid hydrocarbon derived from fossil, biomass, post-consumer products, solid plastic waste, and combinations thereof (see paragraph 0036).
Claim Rejections - 35 USC § 103
Claim(s) 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (US 2022/0204869) in view Topsoe (WO 2022/101333).
With respect to claim 12, Jorgensen discloses a process for hydroprocessing a hydrocarbon feedstock (see abstract), comprising:
feeding a feedstock to a first stage of a hydroprocessing system (see paragraph 0024), wherein the first stage comprises one or more reactors and is configured to convert the hydrocarbon feedstock into an intermediate product having hydrogen halide, ammonia (NH3), and an ammonium salt (see paragraph 0037, 0042-0043); and cooling the intermediate product through a first heat exchanger disposed between the one or more reactors and a separation section of the hydroprocessing system to generate a cooled intermediate product, wherein the first heat exchanger comprises a heat transfer fluid configured to recover heat from the intermediate product (see paragraph 0043), and wherein a temperature of the cooled intermediate product is above a deposition temperature of the ammonium salt (see paragraph 0043).
Jorgensen fails to disclose wherein the hydrocarbon feedstock has a total chlorine (Cl) content greater than 3 parts per million weight.
However, in a related process for treating hydrocarbon feedstock including halides, such as chlorine, Topsoe discloses wherein such feedstock comprises at least 10 ppm to about 10,000 ppm halide concentration (see abstract).
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify Jorgensen in view of Topsoe with the claimed, hydrocarbon feedstock has a total chlorine (Cl) content greater than 3 parts per million by weight, as said halide concentration is within conventionally treated hydrocarbon feedstock.
With respect to claim 13, the prior combination teaches the limitation of claim 12. Jorgensen further discloses wherein the process further comprises quenching the cooled intermediate product to decrease the temperature to below the deposition temperature of the ammonium salt (see paragraph 0043, gas phase mixed with water, which subsequently gets contaminated during process).
With respect to claim 14, the prior combination teaches the limitation of claim 13.
Jorgensen further discloses wherein quenching the cooled intermediate product comprises injecting a quench fluid into a flow of the intermediate product, and wherein the quench fluid is generated in a separation system disposed within the separation section and fluidly coupled to the first stage (see paragraph 0043).
With respect to claim 15, the prior combination teaches the limitation of claim 14.
Jorgensen further discloses wherein the quench fluid is a wash water stream (see paragraph 0043).
With respect to claim 16, the prior combination teaches the limitation of claim 15.
The prior combination does not disclose wherein the quench fluid is a wash oil derived from the process itself, as claimed.
However, the utilization of a quench oil derived from the process is an optional step. Thus, the claimed limitations of claim 16, do not overcome the rejections of the parent claims.
With respect to claim 17, the prior combination teaches the limitation of claim 12.
Jorgensen further discloses wherein the ammonium salt is ammonium chloride , ammonium halide, and combinations thereof (see paragraph 0037 and 0043).
With respect to claim 18, the prior combination teaches the limitation of claim 17.
Jorgensen further discloses wherein the intermediate product includes HCL and NH3 , and further discloses wherein reactor temperature pressure is about 30 Barg (see paragraph 0042-0043).
Jorgensen fails to disclose wherein the intermediate product is a pressure above 100,000 Pa (greater than 1 bar), as claimed.
However, Topsoe discloses wherein precipitation temperature of ammonium halides for ammonium chloride in concentrations above 500 ppm and a pressure of 100 Barg this temperature is 280°C as an example, and typically for the relevant conditions this temperature will be in the range 150-300°C (see page 3, lines 25-32).
Thus, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify the pressure of the claimed intermediate product, through routine experimentation.
Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Allowable Subject Matter
Claims 5-6, 11 and 19-20 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 5-6 and 19-20, the claims recite limitations to a di-olefin saturation reactor, a demetallization reactor that is not taught or suggested by the closest prior art, Jorgensen (US 2022/0204869).
With respect to claims 11, the claim recited limitation to a second stage downstream and fluidly coupled to the first stage, that is not is not taught or suggested by the closest prior art, Jorgensen (US 2022/0204869).
Claim 21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With respect to claims 21, the claim recited limitation to a second stage downstream and fluidly coupled to the first stage, that is not is not taught or suggested by the closest prior art, Jorgensen (US 2022/0204869).
Allowable Subject Matter
Claims 22-24 are allowed.
The following is an examiner’s statement of reasons for allowance:
With respect to claim 22-24, the closest prior art Jorgensen (US 2022/0204869) discloses a process for hydroprocessing a hydrocarbon feedstock (see abstract), comprising:
feeding a feedstock to a first stage of a hydroprocessing system (see paragraph 0024), wherein the first stage comprises one or more reactors and is configured to convert the hydrocarbon feedstock into an intermediate product having hydrogen halide, ammonia (NH3), and an ammonium salt (see paragraph 0037, 0042-0043); and cooling the intermediate product through a first heat exchanger disposed between the one or more reactors and a separation section of the hydroprocessing system to generate a cooled intermediate product, wherein the first heat exchanger comprises a heat transfer fluid configured to recover heat from the intermediate product (see paragraph 0043), and wherein a temperature of the cooled intermediate product is above a deposition temperature of the ammonium salt (see paragraph 0043).
Jorgenson fails to teach or suggest to one with ordinary skill in the art, before the effective filing to modify the process with a second stage downstream and fluidly coupled to the first stage.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/JUAN C VALENCIA/ Examiner, Art Unit 1771
/PREM C SINGH/ Supervisory Patent Examiner, Art Unit 1771
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