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 .
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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “transfer conduit” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: There are inconsistencies in claim 1, all references to “conduit” should be amended to “transfer conduit.” Appropriate correction is required.
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) 1, 3, 6-7, 9-12, and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gauthier et al (US 20110036752; hereinafter Gauthier).
As regarding claim 1, Gauthier discloses the claimed invention for a gas-liquid separator (figs. 2-3), adapted for separating liquid and gas in an ebullated bed reactor (1 of fig. 3) under operating conditions, the separation device comprising: a transfer conduit (31) for transferring a gas-liquid mixture stream from a lower section of an ebullated bed reactor to an upper section of the reactor, wherein the conduit is oriented vertically during operation in the reactor, the transfer conduit having a top and a bottom, a lower opening and an upper opening, a cross-sectional area and dimensions, and comprising internal means to produce a spiral flow in a liquid and gas mixture flowing vertically through the conduit; wherein the transfer conduit comprises lower and upper sections, the lower and upper sections each having a top and a bottom and being round or pipe sections that are open on both ends and configured to fit together at corresponding ends to form the conduit, the upper section comprising the internal means to produce a spiral flow in a gas-liquid mixture flowing through the conduit and the lower section being configured to allow a gas-liquid mixture to flow into the lower opening and pass through the lower section into the lower end of the conduit upper section; wherein the internal means to produce a spiral flow in a liquid and gas mixture is a spiral or helical insert positioned within the transfer conduit upper section from the top to the bottom of the upper section and has the same dimensions as the interior cross-section of the transfer conduit; a vortex separation section, located on top of and adjacent to the upper opening of the transfer conduit, the vortex separation section having a top and a bottom and comprising internal separation means for separating the gas-liquid mixture stream into a liquid-rich stream and a gas-rich stream, a top plate, an outlet for the liquid-rich stream, and an outlet for the gas-rich stream; and a gas-rich stream outlet conduit located on top of and adjacent to the vortex separation section and in fluid communication with the gas-rich stream outlet of the vortex separation section (annotated fig. 3).
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As regarding claim 3, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for wherein the transfer conduit lower section is adapted to fit in corresponding openings in a flow-through pan (200) of an ebullated bed reactor (1) so that a gas-liquid mixture can be passed from the lower section of the reactor into the separation device.
As regarding claim 6, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for wherein the vortex separation section is open on the bottom, has a cross-sectional area and dimensions that are larger than the transfer conduit, is positioned over the top of the transfer conduit and extends below the top of the transfer conduit (annotated fig. 3).
As regarding claim 7, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for wherein the vortex separation section is sized to provide a liquid flow pathway between the exterior of the conduit and the interior of the vortex separation section (annotated fig. 3).
As regarding claim 9, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for wherein the liquid-rich stream outlet comprises the liquid flow pathway (annotated fig. 3).
As regarding claim 10, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for wherein the gas-rich stream outlet is located at the top of the vortex separation section (annotated fig. 3).
As regarding claim 11, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for wherein the internal separation means comprises a separator conduit extending from the top of the vortex separation section to the transfer conduit upper opening, the separator conduit being aligned with and having the cross-sectional dimensions of the gas-rich stream outlet (annotated fig. 3).
As regarding claim 12, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for wherein the internal separation means comprises a separator conduit having a smaller cross-sectional area and dimensions than the cross-sectional area and dimensions of the transfer conduit (annotated fig. 3).
As regarding claim 14, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for wherein the transfer conduit, the internal flow means to produce a spiral flow, the vortex separation section, the internal separation means, the gas-rich stream outlet, and the gas-rich stream outlet conduit are centrally aligned about a vertical axis (annotated fig. 3).
As regarding claim 15, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for a flow through pan gas-liquid separator (200) for an ebullated bed reactor comprising a plurality of gas-liquid separators (fig. 3).
As regarding claim 16, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention for an ebullated bed reactor (1) comprising the flow through pan gas-liquid separator (200).
Claims 17-20 are likewise rejected for reasons analogous to those set forth for claims 1, 3, 6-7, 9-12, and 14-16 above.
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) 4, 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Gauthier et al (US 20110036752; hereinafter Gauthier).
As regarding claim 4, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention except for wherein the upper and lower sections of the transfer conduit are round or pipe sections having diameters of about 2 to 8 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the upper and lower sections of the transfer conduit are round or pipe sections having diameters of about 2 to 8 inches in order to enhance vortex separator performance, 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 re Aller, 105 USPQ 233.
As regarding claim 8, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention except for wherein the vortex separation section is round or a pipe section having a diameter of about 4 to 12 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the vortex separation section is round or a pipe section having a diameter of about 4 to 12 inches in order to enhance vortex separator performance, 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 re Aller, 105 USPQ 233.
As regarding claim 13, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention except for wherein the internal separation means is round or a pipe section having a diameter of about 1 to 6 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the internal separation means is round or a pipe section having a diameter of about 1 to 6 inches in order to enhance vortex separator performance, 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 re Aller, 105 USPQ 233.
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Gauthier et al (US 20110036752; hereinafter Gauthier), as applied supra, and further in view of Amblard et al (US 20190321753; hereinafter Amblard).
As regarding claim 21, Gauthier discloses all of limitations as set forth above. Gauthier discloses the claimed invention except for wherein the gas-rich stream outlet conduit comprises an angular orientation relative to horizontal when the gas-liquid separator is positioned in a vertical orientation. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the gas-rich stream outlet conduit comprises an angular orientation relative to horizontal when the gas-liquid separator is positioned in a vertical orientation in order to enhance gas-liquid separator performance, since it was known in the art as shown in Amblard ([0028] and 55 of figs. 2-4). Both Gauthier and Amblard are directed to cyclonic separator.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3, 4, 7-9, 11, 13-15, 17, 18, and 21 have been considered but are moot because of the new ground of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG H BUI whose telephone number is (571)270-7077. The examiner can normally be reached Monday-Friday 8:00 - 4:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin L. Lebron can be reached at (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUNG H BUI/ Primary Examiner, Art Unit 1773
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