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 5 and 11 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.
Claim 5 recites the limitation "the plurality of parallel convection conduits" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “wherein the convection conduit is arranged such that an inlet of the convection conduit is above a heating zone having a higher temperature compared with a heating zone below an outlet of the convection conduit” which renders the claim indefinite because it is unclear from the claim language whether the term “a heating zone” is referring to one of the plurality of heating zones defined in claim 10 or a heating zone within the convection section. Thus, it is unclear as to where the convection conduit is in relation to the plurality of heating zones defined in claim 10. The limitation in claim 11 also appears to be inconsistent with the limitations defined in claims 1 and 10, which require that the convection conduit pass through the convection section.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gengler et al. (US 4,361,478).
Regarding claim 1, the reference Gengler et al. discloses an apparatus (1) for heating a process fluid (see Abstract; Fig. 1), the apparatus comprising:
a radiant section (2) having one or more burners (4) configured to provide heat and flue gas (see col. 3, lines 38-58; Figs. 1-2);
a convection section (3) disposed adjacent the radiant section (2), the convection section configured to receive the flue gas from the radiant section (see col. 3, lines 38-58; Figs. 1-2);
a convection conduit (7-12; 107-112) passing through the convection section and configured to receive a process fluid and transfer heat to the process fluid (see col. 3, lines 59-65; Figs. 1-2); and,
a radiant conduit (22) passing through the radiant section and configured to receive the process fluid and transfer heat to the process fluid (see col. 4, lines 9-15; Fig. 1),
wherein the convection conduit and the radiant conduit are arranged in series such that all of the process fluid passing through the convection conduit passes through the radiant conduit (see col. 3, lines 59-65; col. 4, lines 9-15; Figs. 1-2).
Regarding claim 2, the reference Gengler et al. discloses the apparatus, wherein the radiant conduit comprises a multi-pass coil conduit (see col. 4, lines 9-15; Fig. 1).
Regarding claim 3, the reference Gengler et al. discloses the apparatus, wherein the convection conduit comprises a straight conduit with no bends (see col. 5, lines 20-32; Fig. 2).
Regarding claim 4, the reference Gengler et al. discloses that the apparatus comprises a plurality of parallel convection conduits, each convection conduit passing through the convection section and configured to receive the process fluid and transfer heat to the process fluid (see col. 5, lines 20-32; Fig. 2).
Regarding claim 5, the reference Gengler et al. discloses that the apparatus further comprises: a first convection manifold and a second convection manifold, the plurality of parallel convection conduits extending between the first convection manifold and the convection second manifold (see Fig. 2).
Regarding claim 6, the reference Gengler et al. discloses that the apparatus further comprises: a bypass conduit configured to bypass a portion of the process fluid around the convection section.
Claims 1, 2, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan et al. (US 2008/0110801).
Regarding claim 1, the reference Yuan et al. discloses an apparatus (210;500) for heating a process fluid (see paras. [0062]; [0076]; Figs. 1-4), the apparatus comprising:
a radiant section (250, 300, 350; 530) having one or more burners (252, 302, 352; 542) configured to provide heat and flue gas (see para. [0063]; [0076]; Figs. 1-4);
a convection section (230, 280, 330; 510) disposed adjacent the radiant section, the convection section configured to receive the flue gas from the radiant section (see para. [0063]; [0076]; Figs. 1-4);
a convection conduit (234, 284, 334; 512) passing through the convection section and configured to receive a process fluid and transfer heat to the process fluid (see para. [0063]; [0076]; Figs. 1-4); and,
a radiant conduit (254, 304, 354; 544) passing through the radiant section and configured to receive the process fluid and transfer heat to the process fluid (see para. [0063]; [0076]; Figs. 1-4),
wherein the convection conduit and the radiant conduit are arranged in series such that all of the process fluid passing through the convection conduit passes through the radiant conduit (see paras. [0064]; [0070]; [0073]; Figs. 1-3).
Regarding claim 2, the reference Yuan et al. discloses the apparatus, wherein the radiant conduit comprises a multi-pass coil conduit (see paras. [0053]; [0076]; Fig. 4).
Regarding claim 10, the reference Yuan et al. discloses the apparatus, wherein the radiant section has a plurality of heating zones (250, 300, 350), each heating zone can be operated at a temperature independent of a temperature of the other heating zones (see paras. [0015]; [0063]; [0076]; Figs. 1-4).
Regarding claim 11, the reference Yuan et al. discloses the apparatus, wherein the convection conduit can be arranged such that an inlet (240) of the convection conduit is above a heating zone (250) having a higher temperature compared with a heating zone (350) below an outlet of the convection conduit (see paras. [0053]-[0063]; [0069]; Fig. 2).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Gengler et al. as applied to claims 1 and 6 above, and further in view of Rickerman et al. (US 2,250,052).
Regarding claim 7, the reference Gengler et al. is silent with respect to the apparatus further including a first radiant manifold and a second radiant manifold, the radiant conduit extending between the first radiant manifold and the second radiant manifold.
The reference Rickerman et al. teaches an apparatus (10) for heating a process fluid, comprising: a radiant section (11) having one or more burners (31, 44) configured to provide heat and flue gas (page 2, left column, lines 6-36; Figs. 1-3); a convection section (not shown) disposed adjacent the radiant section, the convection section configured to receive the flue gas from the radiant section (see page 4, left column, lines 30-39); a convection conduit passing through the convection section and configured to receive a process fluid and transfer heat to the process fluid (see page 4, left column, lines 30-39); and, a radiant conduit (26, 28) passing through the radiant section and configured to receive the process fluid and transfer heat to the process fluid (see page 2, right column, lines 45-54; Fig. 1), wherein the convection conduit and the radiant conduit are arranged in series such that all of the process fluid passing through the convection conduit passes through the radiant conduit (see page 4, left column, lines 30-39). The reference Rickerman et al. further teaches that the apparatus comprises a first radiant manifold (72) and a second radiant manifold (76), the radiant conduit (26, 28) extending between the first radiant manifold and the second radiant manifold (see page 3, left column, lines 2-13; Figs. 1-2). The reference Rickerman et al. further teaches that the first radiant manifold can be configured to receive process fluid from the convection conduit (see page 4, left column, lines 30-39).
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 apparatus of Gengler et al. to include a first radiant manifold and a second radiant manifold such that the radiant conduit extends between the first radiant manifold and the second radiant manifold as taught by Gengler et al., and claimed by applicant, because, as evidenced by the reference Gengler et al. (see page 2, left column, lines 2-14; Fig. 1), it is well known in the art to utilize manifolds to distribute a process fluid to and/or collect a process fluid from a plurality of heater tubes.
Regarding claim 8, the references Gengler et al. and Rickerman et al. disclose the apparatus, wherein the first radiant manifold is configured to receive process fluid from the convection conduit (see Gengler et al. col. 4, lines 9-11; Fig. 1; Rickerman et al: page 4, left column, lines 30-39).
Regarding claim 9, the reference Rickerman et al. does not specifically specify having the first radiant manifold configured to receive process fluid from a bypass conduit. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first radiant manifold of Gengler et al. and Rickerman et al. configured to receive process fluid from the bypass conduit, since the reference Gengler et al. teaches that for more effective utilization of the waste heat in the convection section, a portion of the process fluid can be made to bypass the convection section (see col. 2, lines 29-36; col. 5, lines 24-29; Fig. 2).
Regarding claim 10, the reference Gengler et al. does not specifically disclose wherein the radiant section has a plurality of heating zones, each heating zone operated at a temperature independent of a temperature of the other heating zones. However, the reference Rickerman et al. teaches that the radiant section can be provided with a plurality of heating zones, each heating zone operated at a temperature independent of a temperature of the other heating zones (see page 2, left column, lines 6-14 and lines 37-46; page 3, left column, lines 30-41; Fig. 1). Accordingly, 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 radiant section of Gengler et al. to include a plurality of heating zones, each heating zone operated at a temperature independent of a temperature of the other heating zones as taught by Rickerman et al., and claimed by applicant, since the reference by Rickerman et al. teaches that such a modification advantageously permits the heating of the process fluid to be controlled (see page 2, lines 23-44; Fig. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESSANEWORK SEIFU/Primary Examiner, Art Unit 1774
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