DETAILED ACTION
Notice to Applicant
This Office Action is issued in response to amendment filed 19 August 2025.
Claims 1, 9, 11-16, and 20 are amended.
Claims 2, 10, 18, and 19 are cancelled.
Claims 1, 3-9, 11-17, and 20 are pending.
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, 3-9, 11-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zecevic, "Energy Intensification of Steam Methane Reformer Furnace in Ammonia Production by Application of Digital Twin Concept." International Journal of Sustainable Energy, March 3, 2021, Volume 41, Number 1, pp. 12-28 in view of Mehta et al. (US 20240143854 A1).
As per claim 1, Zecevic discloses a method of evaluating one or more aspects of a low carbon ammonia production facility (pg. 12, Abstract; pg. 14, para 2-3; pg. 28, para 1-2; improve energy efficiency, increase maintenance reliability, and prevent environmental pollution by reducing CO2 emissions.) comprising:
providing a digital twin implemented on a computer system that comprises a processor and non-transitory memory running software stored in a non-transitory memory (Fig. 1; pg. 15, para 4; pg. 17, para 1) pg. 18, para 2; pg. 19, para 2) distributed control system for producing a digital twin using an algorithm and memory, wherein the system and/or algorithm fs inherently implemented on a computer system or capable of being implemented on a computer system, the digital twin comprising:
a hydrogen source component (pg. 13, para 4 pg. 15, para 7 to pg. 16, para 3, steam methane reformer (SMR), wherein methane is a hydrogen source.)
a nitrogen source component (Table 1, pg. 18, para 4 to pg. 15, para 4, air is used in steam methane reformer to provide nitrogen.) and an
ammonia synthesis loop component (Fig. 4; pg.18, para 4, pg.18, para 3-7, steam methane reformer furnace as shown with ammonia synthesis with air/gas and cold/hot thermal loops, as shown.);
receiving by the digital twin at least one input comprising facility-specific information (pg.19, para 3-7; design base case temperature profile.), non-facility specific information (Table 1, temperature, tin, in data.), or other information (Table 1, rate data, GJ/h m2.) wherein the at least one input received by the digital twin comprises a forecasted energy availability profile for the low carbon energy source over a period of time (pg. 14, para 5; pg. 15, para 9-6; pg. 23, para 2, model ensures recommendations for optimisation of actual process parameters during real-time and actual time processing... save energy, reduce CO2 emissions, and reduce § t fuel gas consumption); and
simulating the low carbon ammonia production facility via the digital twin to generate at least one simulated facility output based on the at least one input (pg.12, Abstract; pg.14, para 2-4, pg.28, para 1-2; improve energy efficiency, increase maintenance reliability, and prevent environmental pollution by reducing CO2 emissions).
Zecevic may not explicitly disclose, however, Mehta discloses
the hydrogen source component configured to simulate a hydrogen source powered by a “low carbon” energy source (Mehta [0006], [0012]. Ammonia production plant operable to run on renewable energy sources, e.g., wind, solar, tidal, hydroelectric.)
simulation by one or more of varying hydrogen generation, managing a hydrogen inventory, or managing an electricity storage for the low carbon ammonia production facility (Mehta, e.g. [0264-266].)
Zecevic and Mehta are directed to ammonia production plant configuration. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to add Mehta’s features to Zecevic with the motivation to more efficiently, safely, cost-effectively and economically-viably produce ammonia.
Furthermore, all of the claimed elements were known in the prior art of Zecevic and Mehta and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 3, Zecevic in view of Mehta discloses the limitations of claim 1 as discussed above. Zecevic further discloses the digital twin further comprising a secondary energy source component (Fig. 4, pg. 19, para 3-7; pg. 22, para 3, heat exchangers, as shown, with air heater at air inlet and between hot/cold coils).
As per Claim 4, Zecevic in view of Mehta discloses the limitations of claim 1 as discussed above. Zecevic discloses the digital twin further comprising a secondary hydrogen source component (pg. 13, para 2; pg. 19, para 4; Table 1; mixed feed coil with steam and natural gas, heavy fuel oil and natural gas).
As per Claim 5, Zecevic in view of Mehta discloses the limitations of claim 1 as discussed above. Zecevic discloses receiving additional inputs at time intervals, and iteratively simulating the low carbon ammonia production facility via the digital twin based on the additional inputs to obtain the at least one simulated facility output for each time interval (Figs. 6-7; pg. 241, para 1-4; design base case (DEC) data and actual process data (APD) based on heat load for a time period as shown in the cascade diagrams and composite curves and Indicated by iterative process streams for deltas in temperature through time, as shown.).
As per Claim 6, Zecevic in view of Mehta discloses the limitations of claim 1 as discussed above. Zecevic discloses receiving additional forecasted energy availability profiles for the low carbon energy source at sequential time intervals (Figs. 6-7: pg. 21, para 1-4; design base case (DBC) data and actual process data (APD) based on heat load for a time period as shown in the cascade diagrams and composite curves and indicated by process streams for deltas in temperature through time) and iteratively simulating the low carbon ammonia production facility via the digital twin based on the additional forecasted energy availability profiles to obtain the al least one simulated facility output for each time interval (Figs. 6-7; pg. 21, para 1-4; design base case (DBC) data and actual process data (API) based on heat load for a time period as shown in the cascade diagrams and composite curves and indicated by iterative process streams for deltas in temperature through time, as shown).
As per Claim 7, Zecevic in view of Mehta discloses the limitations of claim 1 as discussed above. Zecevic discloses wherein the at least one simulated facility output is obtained based on one or more predetermined targets (Fig. 8; pg. 21, para 3; pg. 25, para 1-3) pg. 24, para 3; process pinch point simulation determined from design base case and actual process date to optimize the temperature profile, for example).
As per Claim 8, Zecevic in view of Mehta discloses the limitations of claim 7 as discussed above. Zecevic discloses wherein the one or more predetermined targets comprise a target cumulative production, target of stable operation of an ammonia synthesis loop that is part of the low carbon ammonia production facility, target of low carbon energy requirement (pg. 12, Abstract, pg. 14, para 2-3; pg. 26, para 1-2; improve energy efficiency, increase maintenance reliability, and prevent environmental pollution by reducing CO2 emissions).
As per Claim 9, Zecevic discloses a method of managing operation and/or design of a low carbon ammonium production facility (pg. 12, Abstract; pg. 14, para 2-3; pg. 28, para 1-2; improve energy efficiency, increase maintenance reliability, and prevent environmental pollution by reducing CO2 emissions.) comprising:
providing a digital twin implemented on a computer system that comprises a processor and non-transitory memory running software stored in a non-transitory memory (Fig. 1; pg. 15, para 4; pg. 17, para 1) pg. 18, para 2; pg. 19, para 2) distributed control system for producing a digital twin using an algorithm and memory, wherein the system and/or algorithm fs inherently implemented on a computer system or capable of being implemented on a computer system, the digital twin comprising:
a hydrogen source component (pg. 13, para 4 pg. 15, para 7 to pg. 16, para 3, steam methane reformer (SMR), wherein methane is a hydrogen source.)
a nitrogen source component (Table 1, pg. 18, para 4 to pg. 15, para 4, air is used in steam methane reformer to provide nitrogen.) and an
ammonia synthesis loop component (Fig. 4; pg.18, para 4, pg.18, para 3-7, steam methane reformer furnace as shown with ammonia synthesis with air/gas and cold/hot thermal loops, as shown.);
receiving by the digital twin at least one input comprising facility-specific information (pg.19, para 3-7; design base case temperature profile.), non-facility specific information (Table 1, temperature, tin, in data.), or other information (Table 1, rate data, GJ/h m2.); and
simulating the low carbon ammonia production facility via the digital twin based on the input (pg.12, Abstract; pg.14, para 2-4, pg.28, para 1-2; improve energy efficiency, increase maintenance reliability, and prevent environmental pollution by reducing CO2 emissions).
Zecevic may not explicitly disclose, however, Mehta discloses
the hydrogen source component configured to simulate a hydrogen source powered by a “low carbon” energy source (Mehta [0006], [0012]. Ammonia production plant operable to run on renewable energy sources, e.g., wind, solar, tidal, hydroelectric.)
determine one or more system configurations or operating parameters for the low carbon ammonia production facility to meet a hydrogen feed requirement to synthesize ammonia (Mehta e.g., [0246], [0265-265]. Feed flow rates of hydrogen accounted for in simulation.)
Zecevic and Mehta are directed to ammonia production plant configuration. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to add Mehta’s features to Zecevic with the motivation to more efficiently, safely, cost-effectively and economically-viably produce ammonia.
Furthermore, all of the claimed elements were known in the prior art of Zecevic and Mehta and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per Claim 11, Zecevic in view of Mehta discloses the limitations of claim 9 as discussed above. Zecevic discloses wherein receiving by the digital twin an input comprises receiving an input from a user, and further comprising evaluating the input from the user (pg. 26, para 4; users optimize performance of the steam methane reformer furnace).
As per Claim 12, Zecevic in view of Mehta discloses the limitations of claim 9 as discussed above. Zecevic discloses receiving, by the digital twin, additional inputs at time intervals, and iteratively simulating the low carbon ammonia production facility via the digital twin based on the additional inputs (Figs. 6-7; pg. 21, para 1-4; design base case (DBC) data and actual process data (API) based on heat load for a time period as shown in the cascade diagrams and composite curves and indicated by iterative process streams for deltas in temperature through time, as shown).
As per Claim 13, Zecevic discloses a method for producing ammonia in a low carbon ammonia production facility (pg. 12, Abstract; pg. 14, para 2-3; pg. 26, para 1-2; improve energy efficiency, increase maintenance reliability, and prevent environmental pollution by reducing CO2 emissions.) having an ammonia synthesis loop (Fig. 4; pg. 18, para 4; pg. 19, para 3-7, steam methane reformer furnace as shown with ammonia synthesis with air/gas and cold/hot thermal loops, as shown), the method comprising: supplying energy to the low carbon ammonia production facility from a low carbon energy source to produce hydrogen (Fig. 4; pg. 14, pare 2-3; pg. 19, para 3-7; pg. 22, para 3, heat exchangers, as shown, with air heater at air inlet and between hot/cold coils to pretreat air supplied to the ammonia production facility that prevents environmental pollution); providing a digital twin comprising one or more software components configured to simulate one or more elements or parts of the low carbon ammonia production facility (Fig. 1; pg. 15, para 4; pg. 17, para 1; pg. 18, para 2; pg. 19, para 2; distributed control system for producing a digital twin using an algorithm and memory, wherein the system and/or algorithm is inherently implemented on a computer system or capable of being implemented on a computer system); receiving, by a digital twin, a forecasted energy availability profile for the low carbon energy source over a time period (pg. 14, para 5; pg. 15, para 3-6; pg. 23, para 2, model ensures recommendations for optimisation of actual process parameters during real-time and actual time processing, ... save energy; reduce CO2 emissions, and reduce fuel gas consumption.); simulating, using a digital twin, an operation of the facility based on the forecasted energy availability profile for the low carbon energy source to generate one or more simulated facility outputs (Figs. 6--7; pg. 21, para 1-4; design base case (DBC) data and actual process data (APD) based on heal load for a time period as shown in the cascade diagrams and composite curves and indicated by process streams for deltas in temperature through time).
Zecevic may not explicitly disclose, however, Mehta discloses
Managing a hydrogen supply to the ammonia synthesis loop to achieve stable ammonia production for the time period based on the one or more simulated facility outputs (Mehta e.g., [0246], [0265-265], [0398-399]. Feed flow rates of hydrogen accounted for in simulation. Design utilized in real-world plant.)
Zecevic and Mehta are directed to ammonia production plant configuration. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to add Mehta’s features to Zecevic with the motivation to more efficiently, safely, cost-effectively and economically-viably produce ammonia.
Furthermore, all of the claimed elements were known in the prior art of Zecevic and Mehta and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per Claim 14, Zecevic in view of Mehta discloses the limitations of claim 13 as discussed above. Zecevic discloses receiving, by the digital twin, additional forecasted energy availability profile for the low carbon energy source at time intervals (Figs. 6-7; pg. 21, para 1-4; design base case (DSC) data and actual process data (APO) based on heat load for a time period as shown in the cascade diagrams and composite curves and indicated by process streams for deltas in heat cascade, work in deltaQ kJ, and temperature through time); iteratively simulating the operation of the low carbon ammonia production facility via the digital twin based on the additional forecasted energy availability profiles to generate one or more additional simulated facility outputs for each time interval (Figs. 6-7; pg. 21, para ·IA: design base case (DBC) data and actual process data (APD) based on heat load for a time period as shown in the cascade diagrams and composite curves and indicated by iterative process streams for deltas in heat cascade, energy in DeltaQ kJ, and temperature through time, as shown); and revising, based on the one or more additional simulated facility outputs, one or more of the design and operational aspects of the low carbon ammonia production facility at each time interval (Fig. 9; pg. 21, para 2; pg. 23, para 1-3; pg. 24, para 3; process pinch point simulation determined from design base case and actual process data to optimize the heat flow, energy, temperature profile, for example).
As per Claim 15, Zecevic discloses a computer program product comprising a non-transitory memory storing computer-executable code that when executed by a processor (Fig. 1; pg. 15, para 4; pg. 17, para 1; pg. 18, para 2; pg. 19, para 2; distributed control system for producing a digital twin using an algorithm and memory, wherein the system and/or algorithm is inherently implemented on a computer
system or capable of being implemented on a computer system.), causes the processor to: generate a digital twin of a low carbon ammonia production facility (Fig. 1, pg. 15, para 4; pg. 17, para 1; pg. 18, para 2; pg. 19, para 2; distributed control system for producing a digital twin using an algorithm and memory, wherein the system and/or algorithm is inherently implemented on a computer system or capable of being implemented on a computer system); receive by the digital twin one or more inputs at time intervals comprising facility-specific information (pg 19, para 3-7; design base case temperature profile), non-facility specific information (Table 1, temperature, I_in, In data), or other information (Table 1, rate data, GJ/h m2.) wherein the at least one input received by the digital twin comprises a forecasted energy availability profile for the low carbon energy source over a period of time (pg. 14, para 5; pg. 15, para 9-6; pg. 23, para 2, model ensures recommendations for optimisation of actual process parameters during real-time and actual time processing... save energy, reduce CO2 emissions, and reduce § t fuel gas consumption); and iteratively simulating the low carbon ammonia production facility via the digital twin (Figs. 6-7; pg. 21, para 1-4; design base case (DBC) data and actual process data (APD) based on heat load for a time period as shown in the cascade diagrams and composite curves and indicated by iterative process streams for deltas in temperature through time, as shown) to generate at least one simulated facility output based on the one or more inputs for each period of time (pg.12, Abstract; pg.14, para 2-4, pg.28, para 1-2; improve energy efficiency, increase maintenance reliability, and prevent environmental pollution by reducing CO2 emissions).
Zecevic may not explicitly disclose, however, Mehta discloses
the digital twin comprising a hydrogen source component configured to simulate a hydrogen source powered by a “low carbon” energy source (Mehta [0006], [0012]. Ammonia production plant operable to run on renewable energy sources, e.g., wind, solar, tidal, hydroelectric.)
determine one or more system configurations or operating parameters for the low carbon ammonia production facility to meet a hydrogen feed requirement to the ammonia synthesis loop component of the low carbon ammonia production facility during the foecasted energy availability profile for the low carbon energy source for each period of time (Mehta e.g., [0246], [0265-265]. Feed flow rates of hydrogen accounted for in simulation.)
simulation by one or more of varying hydrogen generation, managing a hydrogen inventory, or managing an electricity storage for the low carbon ammonia production facility (Mehta, e.g. [0264-266].)
Zecevic and Mehta are directed to ammonia production plant configuration. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to add Mehta’s features to Zecevic with the motivation to more efficiently, safely, cost-effectively and economically-viably produce ammonia.
Furthermore, all of the claimed elements were known in the prior art of Zecevic and Mehta and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per Claim 16, Zecevic in view of Mehta discloses the limitations of claim 15 as discussed above. Zecevic does not explicitly disclose, however Mehta discloses the digital twin further comprising a nitrogen source component (Mehta e.g., [0086-89]).
Zecevic and Mehta are directed to ammonia production plant configuration. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to add Mehta’s features to Zecevic with the motivation to more efficiently, safely, cost-effectively and economically-viably produce ammonia.
Furthermore, all of the claimed elements were known in the prior art of Zecevic and Mehta and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per Claim 17, Zecevic in view of Mehta discloses the limitations of claim 15 as discussed above. Zecevic discloses the digital twin further comprising a secondary energy source component (Fig. 4; pg. 19, para 3-7; pg. 22, para 3, heat exchangers, as shown, with air heater at air inlet and between hot/cold coils.), a secondary hydrogen source component (pg. 13, para 2: pg. 19, para 4; pg. 23, para 4; Table 1: mixed feed coil with steam and natural gas (NG), heavy fuel oil and natural gas), or both.
As per Claim 20, Zecevic in view of Mehta discloses the limitations of claim 15 as discussed above. Zecevic discloses wherein the at least one simulated facility output is obtained based on the at least one input and on one or more predetermined targets (Fig. 9: pg. 21, para 2; pg. 23, para 1-3; pg. 24, para 3; process pinch point simulation determined from design base case and actual process data to optimize the temperature profile, for example).
Response to Arguments
35 USC § 101
Applicant’s submission that the claims are sufficiently analogous to Example 38 of the Guidelines is persuasive.
35 USC § 102
Applicant’s arguments with respect the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JEFF ZIMMERMAN whose telephone number is (571)272-4602. The examiner can normally be reached Monday - Thursday 6:00 am - 2:00 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, Jeff Zimmerman can be reached at (571)272-4602. 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.
JEFF ZIMMERMAN
Supervisory Patent Examiner
Art Unit 3628
/JEFF ZIMMERMAN/Supervisory Patent Examiner, Art Unit 3628