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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 26, 2026 has been entered.
Response to Arguments
Applicant’s arguments filed on February 26, 2026 have been fully considered.
In particular, Applicant argues that neither Russell (US 1,872,011) nor Russell (US 1,940,648) disclose or teach the new limitation of claim 1, “wherein the carbonaceous material feeder is positioned at a location effective to permit gravity to transfer the solid carbonaceous material from the carbonaceous material feed to the reactor”. The arguments are considered persuasive, and, therefore, the rejections under 35 U.S.C. 102 and 103 have been withdrawn. However, upon further consideration, new grounds of rejection are made in view of the newly discovered references to Pier (US 1,920,887) and Schroeder (US 3,823,084).
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 1 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pier (US 1,920,887).
Pier discloses a system (i.e., an apparatus; see Figure; page 2, column 1, lines 48-74) comprising:
a reactor (i.e., a hydrogenating vessel 1);
a hydrogen donor feeder (i.e., a hydrogen feed line connected to a source of hydrogen, wherein the hydrogen feed line passes through a preheater 3); and
a product liquid collection reservoir (i.e., an extraction vessel 10 connected to an outlet at the bottom of the hydrogenating vessel 1);
wherein the hydrogen donor feeder (i.e., the hydrogen feed line) and the product liquid collection reservoir 10 are in fluid communication with the reactor 1;
wherein the reactor defines a first opening (i.e., a solids inlet at the top of the vessel 1) and a second opening (i.e., a hydrogen inlet at the bottom of the vessel 1), and is configured to receive via the first opening a solid carbonaceous material (i.e., solid carbonaceous materials such as coal) from a carbonaceous material feeder (i.e., a feeder equipped with sluices 2a,2b);
wherein the carbonaceous material feeder is positioned at a location effective to permit gravity to transfer the solid carbonaceous material from the carbonaceous material feeder to the reactor (i.e., the feeder is positioned above the solids inlet at the top of the vessel 1, such that carbonaceous materials are fed into the vessel 1 by gravity); and
wherein the hydrogen donor feeder is configured to provide the reactor 1 a hydrogen donor (i.e., hydrogen) via the second opening.
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 1-3 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Russell (US 1,940,648) in view of Schroeder (US 3,823,084).
Regarding claim 1, Russell discloses a system (i.e., an apparatus; see Figure) comprising:
a reactor (i.e., a drum defining a reaction chamber 3 for the hydrogenation of coal or other solid carbonaceous material; see page 1, lines 17-20);
a hydrogen donor feeder (i.e., a line 12 for feeding hydrogen to the reaction chamber 3, the hydrogen being received from a suitable source (not shown) of hydrogen or a gas rich in free hydrogen by a pipe 7 and a feed manifold 10; see page 1, lines 29-35); and
a product liquid collection reservoir (i.e., a chamber 21 for receiving oil from the reaction chamber 3; see page 1, lines 48-52);
wherein the hydrogen donor feeder and the product liquid collection reservoir 21 are in fluid communication with the reactor 3 (i.e., line 12 communicates with the reaction chamber 3 directly, and the chamber 21 communicates with the reaction chamber 3 via a line 19);
wherein the reactor defines a first opening (i.e., an opening connected to a discharge end of a pipe coil 1) and a second opening (i.e., an opening connected to the line 12);
wherein the reactor is configured to receive via the first opening a solid carbonaceous material from a carbonaceous material feeder (i.e., the line 1 feeds finely divided coal (or other solid carbonaceous material) from a pulverizer 32 to the reaction chamber 3, the coal being thoroughly incorporated in fresh oil supplied by a pump 31, so as to supply a mixture (slurry) of coal and oil to the reactor via the line 1; see page 1, at lines 65-82); and
wherein the hydrogen donor feeder 12 is configured to provide to the reactor a hydrogen donor (i.e., the hydrogen or the gas rich in free hydrogen) via the second opening.
Russell fails to disclose or suggest that the carbonaceous material feeder is positioned at a location effective to permit gravity to transfer the solid carbonaceous material from the carbonaceous material feeder, via a first opening, to the reactor.
Schroeder discloses a system (see FIG. 2) comprising:
a reactor (i.e., a reactor 16 for the hydrogenation of coal);
a hydrogen donor feeder (i.e., a fresh hydrogen supply connected to a hydrogen compressor 92 and a line 94); and
a product liquid collection reservoir (i.e., a space at the bottom of a first heat exchanger 20, within which product liquids formed during the hydrogenation of coal are able to collect);
wherein the hydrogen donor feeder 92,94 is in fluid communication with the reactor 16 (i.e., via a line 12 which feeds hydrogen to the reactor 16), and wherein the product liquid collection reservoir 20 is in fluid communication with the reactor 16 (i.e., via an outlet at the bottom of the reactor 16).
Specifically, Schroeder discloses that the reactor defines an opening (i.e., an inlet opening at the top of the reactor 16, connected to line 10), wherein the reactor is configured to receive via the opening a solid carbonaceous material (i.e., finely divided or pulverized coal) from a carbonaceous material feeder (i.e., a coal feeder, shown in detail in FIG. 4; see also column 7, line 34, to column 8, line 56); wherein the carbonaceous material feeder is positioned at a location effective to permit gravity to transfer the solid carbonaceous material from the carbonaceous material feeder to the reactor 16 via the opening (i.e., the coal feeder is positioned above the inlet opening at the top of the reactor 16, such that gravity can act upon the finely divided or pulverized coal which flows in a generally downward direction from a hopper 120, through a coal feed line 136, and to the inlet opening at the top of the reactor 16).
Schroeder (at column 7, lines 37-47) further discloses,
“Heretofore, one method of introducing finely divided coal into a pressurized hydrogenation system has been to mix or slurry the finely divided coal with a pasting oil and pump this slurry into the pressurized system. The pressurized feed system described herein makes it unnecessary to slurry the coal solids with a liquid. It further eliminates the difficult problems of suitable pump valves to handle slurries of coal solids and liquids and the problems of wear and erosion caused by solids going through high pressure pumps. It also makes it possible to put the coal solids into the hydrogenator without liquid.”
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the carbonaceous material feeder of Schroeder for the carbonaceous material feeder in the system of Russell, in which the carbonaceous material feeder was positioned at a location effective to permit gravity to transfer the solid carbonaceous material from the carbonaceous material feeder to the reactor via a first opening located at the top of the reactor, because the carbonaceous material feeder would make it unnecessary to mix or slurry the carbonaceous material with oil, as was previously conducted in the prior art, and the difficult problem of providing suitable pump valves to handle slurries of coal solids and liquids and the problems of wear and erosion caused by solids going through high pressure pumps would be eliminated, as taught by Schroeder (at column 7, lines 37-47).
Regarding claim 2, Russell also discloses a circulation conduit (i.e., a pipe 5 section, connected to a discharge of a pump 6) configured to remove from the reactor and then return to the reactor at least a portion of the reactor’s contents (see page 1, at lines 26-29). Based on another interpretation, Russell also discloses a circulation conduit (i.e., an oil line 30) configured to remove from the reactor and then return to the reactor at least a portion of the reactor’s contents (i.e., the oil line 30 returns oil to the reaction chamber 3, via a line 34 and the pipe coil 1; see page 1, at lines 70-77).
Regarding claim 3, Russell discloses that the circulation conduit 5 comprises a pump 6 in fluid communication with the reactor 3. Based on the another interpretation, Russell also discloses that the circulation conduit 30 comprises a pump (i.e., a pump 29 or a pump (shown) downstream of pulverizer 32) in fluid communication with the reactor 3 and the product liquid collection reservoir 21.
Regarding claim 10, Russell discloses that the system further comprises:
(i) a circulation conduit (i.e., an oil line 30) configured to remove from the reactor and then return to the reactor at least a portion of the reactor’s contents, wherein the circulation conduit 30 comprises a pump (i.e., a pump (shown) downstream of pulverizer 32), and the circulation conduit 30 is in fluid communication with the product liquid collection reservoir 21;
(ii) a reactor heater (i.e., the temperature of the reaction chamber 3 can be maintained at the desired level using internal electrical heaters; see page 1, lines 22-25);
(iii) a condenser (i.e., a condenser 16, see page 1, at lines 38-40; alternatively, a condenser 25, see page 1, at lines 57-60);
(iv) a product condensate collection reservoir (i.e., a storage (not shown) receiving condensate from the condenser 16 via a pipe 17’, see page 1, at lines 40-41, or a separator 17 that collects condensate from the condenser 16 in a lower region thereof; alternatively, a storage (not shown) receiving a portion of the condensate removed from the oil line 30, see Figure, or a separator 26 that collects the condensate from the condenser 25 in a lower region thereof), wherein the condenser 16,25 is in fluid communication with the reactor 3 and the product condensate collection reservoir is in fluid communication with the condenser 16,25 (see connecting process lines in the Figure);
(v) a first process gas feeder (i.e., a line 11 for hydrogen from the feed manifold 10), wherein the first process gas feeder 11 is in fluid communication with the reactor 3; and
(vi) a second process gas feeder (i.e., a pipe 21a connected to a supply of inert gas; see page 1, at lines 62-65), wherein the second process gas feeder 21a is in fluid communication with the product liquid collection reservoir 21.
In addition, Schroeder (see FIG. 2,4) discloses a first process gas feeder (i.e., a line 96 for supplying hydrogen to the coal hopper 120), wherein the first process gas feeder 96 is in fluid communication with the carbonaceous material feeder.
Regarding claim 11, Russell discloses that the system further comprises:
(i) a first valve (i.e., a valve, shown, connected to line 11) arranged between the first process gas feeder 11 and the reactor 3;
(ii) a second valve (i.e., a valve, shown, connected to line 12) arranged between the hydrogen donor feeder 12 and the reactor 3;
(iv) a fourth valve (i.e., a valve 20) arranged between the product liquid collection reservoir 21 and the reactor 3;
(vi) a sixth valve (i.e., a valve, shown, connected to pipe 21a) arranged between the second process gas feeder 21a and the product liquid collection reservoir 21; and
(viii) an eighth valve (i.e., a valve, shown, connected to the bottom of separator 26) arranged between the product liquid collection reservoir 21 and the circulation conduit 30.
In addition, Schroeder discloses (v) a fifth valve (i.e., a valve 130; FIG. 4) arranged between the first process gas feeder 96 and the carbonaceous material feeder (i.e., the coal hopper 120 of the coal feeder).
It is noted that the disclosure of “at least one” of the valves (i)-(viii) will satisfy the limitations of the claim. Also, the terms “first”, “second”, “third”, etc. have been interpreted as labels for differentiating between the valves recited, and not as an indication of quantity.
Regarding claim 12, Russell discloses that the fourth valve is present (i.e., the valve 20), and the fourth valve is a drain valve (i.e., the valve 20 controls the drainage of oil from the reaction chamber 3 to the chamber 21 disposed below the reaction chamber 3). The modified system of Russell meets the claim because the seventh valve is not required to be present.
Regarding claim 13, Russell discloses that the at least one valve comprises the second valve (i.e., the valve, shown, connected to the line 12).
Regarding claim 14, Russell discloses that the fourth valve is present (i.e., the valve 20), wherein the fourth valve 20 is arranged between a third opening of the reactor (i.e., an opening of the reaction chamber 3 to the line 19) and the pump of the circulation conduit (i.e., the pump, shown, downstream of the pulverizer 32). Russell further discloses that the eighth valve is present (i.e., the valve, shown, connected to the bottom of the separator 26), wherein the eighth valve is arranged between the pump of the circulation conduit (i.e., the pump (shown) downstream of the pulverizer 32) and the product liquid collection reservoir 21.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Russell (US 1,940,648) in further view of Schroeder (US 3,823,084), as applied to claim 1 above, and further in view of Cha et al. (US 5,164,054).
Regarding claim 5, Russell discloses that the hydrogen donor feeder comprises a suitable source of hydrogen (see page 1, column 1, lines 29-35). Russell, however, fails to disclose or suggest that the hydrogen donor feeder comprises the claimed apparatus, which includes a tube formed at least in part of an electromagnetic wave-transparent material; and an applicator, wherein (i) a first end of the tube is fixably mounted or spring mounted to the apparatus, and (ii) at least a portion of the tube is arranged in the applicator.
Cha et al. discloses an apparatus for low-cost production of hydrogen, wherein the apparatus (see FIG. 1) comprises: a tube formed at least in part of an electromagnetic wave-transparent material (i.e., a Vycor tube located inside a waveguide, wherein a first end of the tube receives hydrocarbon gases (methane) from a saturator heater 15 and a second end of the tube discharges a product gas containing hydrogen, and wherein “Vycor was used for the reactor because it does not absorb radiofrequency energy directly and behaves as a transparent wall the radiofrequency wave,” see column 6, lines 27-34); and an applicator (i.e., the waveguide, which is a traveling wave applicator for transferring radiofrequency energy to a material inside of the tube; see also column 4, lines 10-15; column 5, lines 15-37); wherein (i) a first end of the tube is fixably mounted to the applicator, and (ii) at least a portion of the tube is arranged in the applicator. Cha et al. further discloses that the apparatus has specific utility as a hydrogen donor feeder for providing a hydrogen donor to a reactor (i.e., as a source of hydrogen (H2) for use as a feedstock for a direct coal liquefaction reactor, after removal of carbon dioxide at a CO2 separator; see FIG. 4; column 10, lines 7-63).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Cha et al. as a source of hydrogen in the hydrogen donor feeder in the modified system of Russell because the apparatus was able to produce hydrogen efficiently, at lower temperatures, without chemical catalysts, and at a low-cost in comparison to conventional processes used to produce hydrogen, as taught by Cha et al. (see column 1, lines 20-50; column 3, lines 30-68).
Regarding claim 6, Cha et al. further discloses that the apparatus comprises a susceptor material disposed in the tube (i.e., the tube was filled with particles of carbon black, see column 6, lines 41-45; also, particles of iron oxide can be provided to remove hydrogen sulfide, see column 7, lines 17-18; also, particles of char can be used instead of carbon black, see column 7, lines 47-51), wherein at least a portion of the susceptor material in the tube is arranged in the applicator (see indicated region of a “char bed” in FIG. 1).
Regarding claim 7, Cha et al. further discloses that the susceptor material is in a particulate form (i.e., particles of carbon black, see column 6, lines 41-45; also, particles of iron oxide, see column 7, lines 17-18; also, particles of char, see column 7, lines 47-51).
Regarding claim 8, Cha et al. further discloses that a second end of the tube (i.e., the second end of the Vycor tube for discharging the product gas containing hydrogen) is fixably mounted to the applicator (i.e., mounted to the waveguide).
Allowable Subject Matter
Claims 4 and 9 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 JENNIFER A LEUNG whose telephone number is (571)272-1449. The examiner can normally be reached Monday - Friday 9:30 AM - 4:30 PM EST.
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 X 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.
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.
/JENNIFER A LEUNG/
Primary Examiner, Art Unit 1774
Prosecution Insights