Prosecution Insights
Last updated: April 19, 2026
Application No. 18/434,401

System and Method for Separating Nitrogen from Methane with Ultra-Low Greenhouse Gas Emissions

Non-Final OA §103
Filed
Feb 06, 2024
Examiner
ZEC, FILIP
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BCCK Holding Company
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
79%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
649 granted / 998 resolved
-5.0% vs TC avg
Moderate +14% lift
Without
With
+14.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
31 currently pending
Career history
1029
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
15.6%
-24.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 998 resolved cases

Office Action

§103
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 § 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(s) 1-5, 11 and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2021/0180863 to Butts (Butts) in view of U.S. Patent Application Publication 2018/0231306 to Butts (‘306). In reference to claim 1, Butts teaches a system for producing a methane product stream and a nitrogen stream (par 0001) from a feed stream (12, FIG. 1) comprising nitrogen, methane and other components (par 0001), the system comprising a first fractionating column (32, FIG. 1) wherein the feed stream is separated into a first column overhead stream (80, FIG. 1) and a first column bottoms stream (46, FIG. 1); a first splitter (50, FIG. 1) for splitting the first column bottoms stream (through 36, FIG. 1) into a first portion (52, FIG. 1), a second portion (60, FIG. 1), and a third portion (68, FIG. 1); a second fractionating column (104, FIG. 1) wherein the first column overhead stream (80, FIG. 1) is separated into a second column overhead stream (106, FIG. 1) and a second column bottoms stream (120, FIG. 1); a first mixer (128, FIG. 1) to mix the second column bottoms stream (184, FIG. 1) and the first portion of the first column bottoms stream (156, FIG. 1) to form a refrigerant stream (130, FIG. 1); a first heat exchanger (14, FIG. 1) wherein the feed stream is cooled upstream of the first fractionating column (32, FIG. 1) through heat exchange with the refrigerant stream (76, FIG. 1), the second portion of the first column bottoms stream (60, FIG. 1), the third portion of the first column bottoms stream (68, FIG. 1), and the first portion of the second column overhead stream (106, FIG. 1); a second heat exchanger (88, FIG. 1) for cooling a vapor stream (86, FIG. 1) from an upper fractionation section (82, FIG. 1) of the first fractionating column (32, FIG. 1) to produce the first column overhead stream (90, FIG. 1) and a reflux stream (84, from 82 and 124, FIG. 1; par 0011) for the first fractionating column (32, FIG. 1) through heat exchange with the refrigerant stream prior to the refrigerant stream undergoing heat exchange in the first heat exchanger (14, FIG. 1); wherein the methane product stream comprises the refrigerant stream (130, now 76, FIG. 1), the second portion of the first column bottoms stream (60, FIG. 1), and the third portion of the first column bottoms stream (par 0025) each after undergoing heat exchange in the first heat exchanger (14, FIG. 1); and wherein the nitrogen stream comprises the first portion of the second column overhead stream and comprises less than 0.05% methane (inherent in the structure of FIG. 1), but does not teach a second splitter for splitting the second column overhead stream into a first portion and a second portion. ‘306 teaches a system and method for separating natural gas liquid and nitrogen from natural gas streams (FIG. 3) comprising a second splitter (175, FIG. 3) for splitting the second column overhead stream (126, FIG. 3) into a first portion (136, FIG. 3) and a second portion (310, FIG. 3) in order to provide the refrigeration to cool the incoming gas stream (which is a portion of feed stream) through heat exchange in NGL tower overhead preheater (par 0036). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Schlosser, to include the electrical energy source wherein said electrical energy source applies an electrical pulse energy to said evaporator to melt an interfacial layer of said ice such that it is freed from said ice-forming surface during a harvesting mode, as taught by Lee, in order to free said ice from said ice-forming surface without damaging the surface and to automate said system by introducing a controller to control the refrigerant supply in order to improve the efficiency of the freeze and harvest routines. In reference to claim 2, Butts and ‘306 teach the system as explained in the rejection of claim 1 above, and Butts additionally teaches wherein the first fractionating column is operated at a pressure between 300 and 500 psig and the second fractionating column is operated at a pressure between 75 and 125 psig (par 0008). In reference to claim 3, Butts and ‘306 teach the system as explained in the rejection of claim 2 above, and Butts additionally teaches wherein the second portion of the first column bottoms stream is a high pressure sales gas stream having a pressure between 600 and 1300 psig; wherein the third portion of the first column bottoms stream is an intermediate pressure sales gas stream having a pressure between 175 and 275 psig; and wherein the refrigerant stream is a low pressure sales gas stream having a pressure between 60 and 150 psig (par 0008 and 0020). In reference to claim 4, Butts and ‘306 teach the system as explained in the rejection of claim 1 above, and Butts additionally teaches a third splitter (22, FIG. 1) for splitting the feed stream into a first portion and a second portion downstream of the feed stream undergoing heat exchange in the first heat exchanger; and wherein the first portion of the feed stream is cooled in the first heat exchanger prior to feeding into a mid-upper level of the first fractionating column. In reference to claim 5, Butts and ‘306 teach the system as explained in the rejection of claim 4 above, and Butts additionally teaches a third heat exchanger (36, FIG. 1) for warming a liquid stream from a bottom section of the first fractionating column to produce the first column bottoms stream and a first column returning vapor stream for the first fractionating column through heat exchange with the second portion of the feed stream prior to the second portion of the feed stream feeding into a lower level of the first fractionating column. In reference to claim 11, Butts and ‘306 teach the system as explained in the rejection of claim 1 above, and Butts additionally teaches a first expansion valve (154, FIG. 1) for expanding and cooling the first portion of the first column bottoms stream upstream of the first mixer (128, FIG. 1). In reference to claim 13, Butts and ‘306 teach the system as explained in the rejection of claim 1 above, and Butts additionally teaches wherein the second heat exchanger comprises a shell and tube heat exchanger (par 0011). In reference to claim 14, Butts and ‘306 teach the system as explained in the rejection of claim 13 above, and Butts additionally teaches wherein the shell and tube heat exchanger comprises a knockback condenser (par 0011). In reference to claim 15, Butts and ‘306 teach the system as explained in the rejection of claim 1 above, and Butts additionally teaches wherein the second heat exchanger comprises a knockback condenser (par 0011). In reference to claim 16, Butts and ‘306 teach the system as explained in the rejection of claim 15 above, and Butts additionally teaches wherein the knockback condenser comprises a plurality of heat exchange tubes disposed inside a shell space; a headspace zone disposed above and in fluid communication with the plurality of heat exchange tubes; a riser tube configured to allow fluid communication of the vapor stream from the upper fractionation section of the first fractionating column to the headspace zone; and a refrigerant inlet and a refrigerant outlet to allow fluid communication of the refrigerant stream through the shell space (par 0011 and 0026). In reference to claim 17, Butts and ‘306 teach the system as explained in the rejection of claim 1 above, and Butts additionally teaches a second column reflux stream (150, FIG. 1) that feeds into an upper level of the second fractionating column and comprises at least 99.5% nitrogen (inherent in the structure of FIG. 1). In reference to claim 18, Butts and ‘306 teach the system as explained in the rejection of claim 1 above, and Butts additionally teaches wherein the nitrogen stream comprises 0.01% or less methane (inherent in the structure of FIG. 1). In reference to claim 19, Butts and ‘306 teach the system as explained in the rejection of claim 1 above, and Butts additionally teaches wherein the nitrogen stream comprises 0.01% or less methane (inherent in the structure of FIG. 1). Allowable Subject Matter Claims 6-10, 12 and 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 for relevant prior art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILIP ZEC whose telephone number is (571)270-5846. The examiner can normally be reached Mon - Fri; 9-5. 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, JD Fletcher can be reached at 5712705054. 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. /FILIP ZEC/Primary Examiner, Art Unit 3763 11/30/2025
Read full office action

Prosecution Timeline

Feb 06, 2024
Application Filed
Nov 30, 2025
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
79%
With Interview (+14.1%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 998 resolved cases by this examiner. Grant probability derived from career allow rate.

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