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.
Claims 1, 4-5, 8 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mcenaney et al. (US Pat. Pub. No. 2021/0331135, hereinafter Mcenaney) in view of Markey, J. (US Pat. No. 3,572,991, hereinafter Markey) and Munekata, E. (US Pat. No. 2,899,293, hereinafter Munekata).
In regard to Claims 1 and 4, Mcenaney discloses a system (#100) for production of nitrophosphates and mineralized carbon, the system comprising:
a plasma-nitrogen-fixation system comprising:
a plasma reactor (#1) for producing oxidized nitrogen species (see figures 1 and 4 and paragraphs [0039]-[0041]); and,
an absorber (#7) fluidly coupled to the plasma reactor (#1) for producing nitric acid from the oxidized nitrogen species (see figures 1 and 4 and paragraphs [0041]-[0044] and [0052]);
an acidulation reactor (#36 neutralization unit) fluidly coupled to the absorber (#7) for combining the nitric acid produced in the absorber with a phosphate source, thereby producing nitro-phosphoric acid comprising phosphoric acid and calcium nitrate (see figures 1 and 4 and paragraph [0071]; Mcenaney discloses wherein the neutralization unit #36 is coupled to the absorber #7 for combining the nitric acid produced with a rock phosphate, i.e. phosphate source. Since contacting nitric acid with rock phosphate reasonably results in acidulation of the phosphate rock and formation of phosphoric acid and calcium nitrate, the neutralization unit of Mcenaney reasonably performed the claimed function of the acidulation reactor, and therefore, is reasonably considered equivalent to the acidulation reactor, as claimed by the applicant.); and
a third reactor fluidly coupled to the acidulation reactor for combining the nitrophosphoric acid with ammonia, water, and carbon dioxide, thereby producing a solution comprising nitrophosphates and mineralized carbon.
Examiner notes that although Mcenaney is silent in regard to producing nitro-phosphoric acid comprising phosphoric acid and calcium nitrate when combining the nitric acid with the rock phosphate, Mcenaney discloses substantially the same chemical compounds and substantially the same chemical reaction is occurring, as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that phosphoric acid and calcium nitrate will be reasonably produced, as claimed by the applicant, as it has been held that chemical compounds and their properties are inseparable. See MPEP 2112.02.
Mcenaney fails to disclose:
wherein the acidulation reaction is also fluidly coupled to the plasma-nitrogen-fixation system for recycling NOx gases produced in the plasma reactor and the acidulation reactor; and
a third reactor fluidly coupled to the acidulation reactor for combining the nitrophosphoric acid with ammonia, water, and carbon dioxide, thereby producing a solution comprising nitrophosphates and mineralized carbon.
In regard to (1), Markey teaches a system for the production of phosphoric acid and phosphatic fertilizers, and by product calcium nitrate, by the nitric acid acidulation of phosphate rock, and for the decomposition of calcium nitrate to nitrogen oxides from which additional nitric acid is produced (see column 1, lines 36-42). Calcium nitrate from acidulation is decomposed into nitrogen oxides and lime, and the nitrogen oxides can be recycled back to the system for conversion into additional nitric acid, whereby the nitric acid formed in this manner can be further recycled to the acidulation reactor for acidulation of additional phosphate rock (see column 1, lines 57-61). This system provides a convenient and efficient means for recovering and utilizing nitrogen values in the calcium nitrate formed in the nitric acid acidulation of phosphate rock (see column 4, lines 46-51).
Since the nitrogen oxides are recycled back to the system for conversion into additional nitric acid, and Mcenaney discloses that the nitric acid is formed in the plasma-nitrogen-fixation system comprising the absorber, it would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Mcenaney by further having the acidulation reactor fluidly coupled to the plasma-nitrogen-fixation system for recycling NOx gases produced in the plasma reaction and the acidulation reactor, as claimed by the applicant, with a reasonable expectation of success, as Markey teaches a system for the production of phosphoric acid and phosphatic fertilizers, and by product calcium nitrate, by the nitric acid acidulation of phosphate rock, and for the decomposition of calcium nitrate to nitrogen oxides from which additional nitric acid is produced, wherein calcium nitrate from acidulation is decomposed into nitrogen oxides and lime, and the nitrogen oxides can be recycled back to the system for conversion into additional nitric acid, whereby the nitric acid formed in this manner can be further recycled to the acidulation reactor for acidulation of additional phosphate rock, thereby obtaining a system that provides a convenient and efficient means for recovering and utilizing nitrogen values in the calcium nitrate formed in the nitric acid acidulation of phosphate rock (see column 4, lines 46-51).
Mcenaney, in view of Markey, fails to disclose a third reactor fluidly coupled to the acidulation reactor for combining the nitrophosphoric acid with ammonia, water, and carbon dioxide, thereby producing a solution comprising nitrophosphates and mineralized carbon.
However, Munekata teaches a system and process for producing a nitrogen phosphate, i.e. nitrophosphates, and difficultly soluble calcium salts, i.e. mineralized carbon, from rock phosphate (see column 2, lines 8-32). As shown in the figure, a rock phosphate is carried to an acidulation reactor and combined with nitric acid to form nitrophosphoric acid and calcium nitrate (see column 1, lines 47-55). Further, the phosphoric acid and calcium nitrate suspension is carried to a reaction chamber, i.e. third reactor, for ammoniation and carbonation of the nitrophosphoric acid and calcium nitrate by combining the nitrophosphoric acid and calcium nitrate with ammonia gas, water, and carbon dioxide thereby producing a solution comprising nitrophosphates and difficultly soluble calcium salts, i.e. mineralized carbon. An example of the reaction formula is: Ca(NO3)2 + H2O + CO2 + 2NH3→ CaCO3 + 2NH4NO3 (encompasses the limitation of claim 4) (see column 2, line 9-32 and column 2, line 53 to column 3, line 4).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Mcenaney in view of Markey, by further taking the liquid phase comprising nitrophosphoric acid and calcium nitrate and carrying it to a third reactor coupled to the acidulation reactor for combining the nitrophosphoric acid and calcium nitrate with ammonia, water and carbon dioxide, to produce a solution comprising nitrophosphates and mineralized carbon, as claimed by the applicant, with a reasonable expectation of success, as Munekata teaches a system and process for producing a nitrogen phosphate, i.e. nitrophosphates, and difficultly soluble calcium salts, i.e. mineralized carbon, from rock phosphate, wherein the system comprises a rock phosphate being carried to an acidulation reactor and combined with nitric acid to form nitrophosphoric acid and calcium nitrate, whereby the nitrophosphoric acid and calcium nitrate suspension is carried to a reaction chamber for ammoniation and carbonation of the nitrophosphoric acid and calcium nitrate by combining the nitrophosphoric acid and calcium nitrate with ammonia gas, water, and carbon dioxide thereby producing a solution comprising solution comprising nitrophosphates and difficultly soluble calcium salts, i.e. mineralized carbon, thereby obtaining a fertilizer having low hygroscopicity (see column 2, line 9-32 and column 2, line 53 to column 3, line 4).
In regard to Claim 5, Mcenaney, in view of Markey and Munekata, discloses the system as recited in claim 1. Although Mcenaney, as modified above, is silent in regard to wherein the nitrophosphates comprise diammonium phosphate or monoammonium phosphate, Mcenaney discloses substantially the same system as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Mcenaney’s system, as modified above, is capable of functioning in the same manner as claimed, such as producing diammonium phosphate or monoammonium phosphate, as it has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed functions are considered prima facie obvious. See MPEP 2112.01.
In regard to Claim 8, Mcenaney discloses wherein the system is powered by electricity generated from renewable sources (see paragraphs [0006]-[0007]).
In regard to Claim 19, Mcenaney discloses wherein the phosphate source comprises phosphate rock (see paragraph [0071]).
In regard to Claim 20, Mcenaney discloses wherein the plasma-nitrogen-fixation system further comprises an oxidation chamber (#32) fluidly coupled to the plasma reactor (#1) and to the absorber for further oxidizing partially oxidized nitrogen species produced in the plasma reactor (#1) (see figure 4 and paragraphs [0070] and [0078]-[0080]).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Mcenaney, in view of Markey and Munekata, and further in view of Pascal et al. (EP4056541A1, hereinafter Pascal).
In regard to Claim 2, Mcenaney, in view of Markey and Munekata, discloses the system as recited in claim 1, but fails to disclose further comprising a first separator fluidly coupled to the third reactor for separating the mineralized carbon from the solution.
However, Pascal teaches the ODDA process for the production of nitrogen-based fertilizers. The ODDA process comprises acidifying rock phosphate with nitric acid in an acidulation reactor to produce an acidulation solution comprising phosphoric acid and calcium nitrate, cooling the acidulation solution to temperature that allows for crystallization of calcium nitrate, neutralizing the reaction mixture comprising phosphoric acid and calcium nitrate with ammonia to produce ammonium phosphate, calcium phosphate and ammonium nitrate, converting the calcium nitrate into ammonium nitrate and calcium carbonate using carbon dioxide and ammonia to produce nitrophosphates and calcium carbonate, i.e. mineralized carbon, and separating the calcium carbonate, i.e. mineralized carbon, from the ammonium nitrate in a sedimentation vessel (#100), i.e. first separator (see figure 1 and paragraph [0029]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Mcenaney, in view of Markey and Munekata, by further including a first separator fluidly coupled to the third reactor for separating the mineralized carbon from the solution, as claimed by the applicant, with a reasonable expectation of success, as Pascal teaches the ODDA process for the production of nitrogen-based fertilizers, wherein the ODDA process comprises acidifying rock phosphate with nitric acid in an acidulation reactor to produce an acidulation solution comprising phosphoric acid and calcium nitrate, cooling the acidulation solution to temperature that allows for crystallization of calcium nitrate, neutralizing the reaction mixture comprising phosphoric acid and calcium nitrate with ammonia to produce ammonium phosphate, calcium phosphate and ammonium nitrate, converting the calcium nitrate into ammonium nitrate and calcium carbonate using carbon dioxide and ammonia to produce nitrophosphates and calcium carbonate, i.e. mineralized carbon, and separating the calcium carbonate, i.e. mineralized carbon, from the ammonium nitrate in a sedimentation vessel, i.e. first separator, thereby obtaining a fertilizer with less impurities (see figure 1 and paragraph [0029]).
In regard to Claim 3, Mcenaney, in view of Markey, Munekata and Pascal, discloses the system as recited in claim 2. Although Mcenaney, as modified above, does not explicitly disclose wherein the first separator comprises a filter, changing a known separator for another known separator to a filter, is a mere engineering design choice, as is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Mcenaney, in view of Markey and Munekata, and further in view of Odda, S. (GB339340A, hereinafter Odda).
In regard to Claim 21, Mcenaney, in view of Markey and Munekata, discloses the system as recited in claim 1, but fails to disclose further comprising a calcination reactor coupled to the acidulation reactor and operable to calcine the phosphate source prior to acidulating the phosphate source and the nitric acid in the acidulation reactor.
However, Odda teaches a system and process for the treatment of phosphate rock with nitric acid to produce calcium nitrate and phosphoric acid (see page 1, line 98 to page 2, line 7). The phosphoric acid is particularly adapted for the manufacture of compound fertilizers (see page 2, lines 8-16). The phosphate rock was slightly roasted, i.e. calcined, before the treatment with nitric acid in order to render harmless organic substances and other impurities, which cause frothing and slow filtration (see example 3, page 2, lines 91-96).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Mcenaney, in view of Markey and Munekata, by further including a calcination reactor coupled to the acidulation reactor and operable to calcine the phosphate source prior to acidulating the phosphate source and the nitric acid in the acidulation reactor, as claimed by the applicant, with a reasonable expectation of success, as Odda teaches a system and process for the treatment of phosphate rock with nitric acid to produce calcium nitrate and phosphoric acid, wherein the phosphoric acid is particularly adapted for the manufacture of compound fertilizers, whereby the phosphate rock was slightly roasted, i.e. calcined, before the treatment with nitric acid in order to render harmless organic substances and other impurities, which cause frothing and slow filtration (see example 3, page 2, lines 91-96).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Mcenaney in view of Munekata and Markey.
In regard to Claim 29, Mcenaney discloses a system (#100) for production of nitrophosphates and mineralized carbon, the system comprising:
a plasma-nitrogen-fixation system comprising:
a plasma reactor (#1) for producing oxidized nitrogen species (see figures 1 and 4 and paragraphs [0039]-[0041]); and,
an absorber (#7) fluidly coupled to the plasma reactor (#1) for producing nitric acid from the oxidized nitrogen species (see figures 1 and 4 and paragraphs [0041]-[0044] and [0052]);
an acidulation reactor (#36 neutralization unit) fluidly coupled to the absorber (#7) for combining the nitric acid produced in the absorber with a phosphate source, thereby producing nitro-phosphoric acid comprising phosphoric acid and calcium nitrate (see figures 1 and 4 and paragraph [0071]; Mcenaney discloses wherein the neutralization unit #36 is coupled to the absorber #7 for combining the nitric acid produced with a rock phosphate, i.e. phosphate source. Since contacting nitric acid with rock phosphate reasonably results in acidulation of the phosphate rock and formation of phosphoric acid and calcium nitrate, the neutralization unit of Mcenaney reasonably performed the claimed function of the acidulation reactor, and therefore, is reasonably considered equivalent to the acidulation reactor, as claimed by the applicant.).
Mcenaney fails to disclose wherein the nitric acid produced in the absorber is further combined with ammonia, water and carbon dioxide in the acidulation reactor, thereby producing nitrophosphates and mineralized carbon; the acidulation reactor also fluidly coupled to the plasma-nitrogen-fixation system for recycling Nox gases produced in the plasma reactor and the acidulation reactor.
However, Munekata teaches a system and process for producing a nitrogen phosphate, i.e. nitrophosphates, and difficultly soluble calcium salts, i.e. mineralized carbon, from rock phosphate (see column 2, lines 8-32). As shown in the figure, a rock phosphate is carried to an acidulation reactor and combined with nitric acid to form phosphoric acid and calcium nitrate (see column 1, lines 47-55). Further, the phosphoric acid and calcium nitrate suspension is combined with ammonia gas, water, and carbon dioxide, for ammoniation and carbonation of the phosphoric acid and calcium nitrate, thereby producing a solution comprising nitrophosphates and difficultly soluble calcium salts, i.e. mineralized carbon. An example of the reaction formula is: Ca(NO3)2 + H2O + CO2 + 2NH3→ CaCO3 + 2NH4NO3. (see column 2, line 9-32 and column 2, line 53 to column 3, line 4).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Mcenaney, by further taking the liquid phase comprising phosphoric acid and calcium nitrate further combining the phosphoric acid and calcium nitrate with ammonia, water and carbon dioxide, to produce a solution comprising nitrophosphates and mineralized carbon, as claimed by the applicant, with a reasonable expectation of success, as Munekata teaches a system and process for producing a nitrogen phosphate, i.e. nitrophosphates, and difficultly soluble calcium salts, i.e. mineralized carbon, from rock phosphate, wherein the system comprises a rock phosphate being carried to an acidulation reactor and combined with nitric acid to form phosphoric acid and calcium nitrate, whereby the phosphoric acid and calcium nitrate suspension is combined with ammonia gas, water, and carbon dioxide, for ammoniation and carbonation of the phosphoric acid and calcium nitrate, thereby producing a solution comprising nitrophosphates and difficultly soluble calcium salts, i.e. mineralized carbon, thereby obtaining a fertilizer having low hygroscopicity (see column 2, line 9-32 and column 2, line 53 to column 3, line 4).
Mcenaney in view of Munekata, fails to disclose the acidulation reactor also fluidly coupled to the plasma-nitrogen-fixation system for recycling Nox gases produced in the plasma reactor and the acidulation reactor.
However, Markey teaches a system for the production of phosphoric acid and phosphatic fertilizers, and by product calcium nitrate, by the nitric acid acidulation of phosphate rock, and for the decomposition of calcium nitrate to nitrogen oxides from which additional nitric acid is produced (see column 1, lines 36-42). Calcium nitrate from acidulation is decomposed into nitrogen oxides and lime, and the nitrogen oxides can be recycled back to the system for conversion into additional nitric acid, whereby the nitric acid formed in this manner can be further recycled to the acidulation reactor for acidulation of additional phosphate rock (see column 1, lines 57-61). This system provides a convenient and efficient means for recovering and utilizing nitrogen values in the calcium nitrate formed in the nitric acid acidulation of phosphate rock (see column 4, lines 46-51).
Since the nitrogen oxides are recycled back to the system for conversion into additional nitric acid, and Mcenaney discloses that the nitric acid is formed in the plasma-nitrogen-fixation system comprising the absorber, it would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the system as disclosed by Mcenaney, in view of Munekata, by further having the acidulation reactor fluidly coupled to the plasma-nitrogen-fixation system for recycling NOx gases produced in the plasma reaction and the acidulation reactor, as claimed by the applicant, with a reasonable expectation of success, as Markey teaches a system for the production of phosphoric acid and phosphatic fertilizers, and by product calcium nitrate, by the nitric acid acidulation of phosphate rock, and for the decomposition of calcium nitrate to nitrogen oxides from which additional nitric acid is produced, wherein calcium nitrate from acidulation is decomposed into nitrogen oxides and lime, and the nitrogen oxides can be recycled back to the system for conversion into additional nitric acid, whereby the nitric acid formed in this manner can be further recycled to the acidulation reactor for acidulation of additional phosphate rock, thereby obtaining a system that provides a convenient and efficient means for recovering and utilizing nitrogen values in the calcium nitrate formed in the nitric acid acidulation of phosphate rock (see column 4, lines 46-51).
Allowable Subject Matter
Claims 6-7 and 9-18 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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/JELITZA M PEREZ/ Primary Examiner, Art Unit 1774
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