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 Objections
The claims are objected to because of the following informalities:
Claim 5 should read, “wherein a second spilt portion of the heating medium is sent to the second gas cleaner” for clarity.
Appropriate correction is required.
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 1-5 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.
Regarding claim 1. The claim recites the limitation, “A system for fossil fuel free heating in industrial plant process, the system comprising: … an optional gas recovery unit to recover the gas exiting the processing equipment followed by a gas separator to separate out solid particles before venting out non-harmful gases to the environment …”
It is unclear if only the gas recovery unit, or the gas recovery unit and gas separator are optional. See MPEP 2173.05(h) II. For the purpose of substantive examination, Examiner will consider both the gas recovery unit and gas separator as being optional.
Regarding claim 2. The claim recites limitations already recited in claim 1, e.g. gas recovery unit, heat recovery unit. It is unclear if these limitations further define the previously recited instances or require further structure. These issues seem to be concentrated in the second paragraph of the claim.
For the purpose of substantive examination, Examiner will consider the limitations of claim 2 as further defining the instances of claim 1. It is kindly recommended to recite, “the” before the gas recovery unit and heat recovery unit in claim 2, in addition to any other instances not listed here, so that it is clear an additional unit is not being introduced. See for example claim 2’s recitation of “the gas storage unit” in the fourth paragraph of the claim.
Regarding claim 5. The claim recites, “the second predefined temperature” in the last paragraph. There is insufficient antecedent basis for this limitation.
For the purpose of substantive examination, Examiner will consider the claim as if first introducing a second predefined temperature, being one of the plurality introduced in claim 2, “control the temperature of the heating medium to a plurality of predefined temperatures via the first electric gas heater and the second electric gas heater” It appears this claim may have been intended to depend from claim 3, which properly introduces a second predefined temperature.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20230110304 A1 to Purola.
Regarding claim 1. Purola teaches a system for fossil fuel free heating in industrial plant processes (para. 6, the invention seeks to solve emissions from fossil fuel burning), the system comprising:
a process equipment for obtaining a product by processing a raw material (fig. 1B, kiln 118),
wherein a heat required for processing the raw material is derived from a gas used as a heating medium (paras. 89-90, heated fluidic medium from rotary heater supplied to kiln),
wherein the gas is heated electrically to a predefined temperature (para. 34, the input energy of the rotary apparatus is electricity, where a certain amount of energy is added resulting in a specific temperature, para. 93),
wherein the heat from the gas is transferred directly to the raw material through direct contact (para. 90, “Connection may be direct or through a number of heat exchangers.” Where direct connection would result in contact between the raw material and gas),
wherein the gas is chemically inactive or participating in the reactions during processing of the raw material (para. 89, the gas is described as, “In embodiments, the method comprises generation of a heated fluidic medium such as air, steam, nitrogen (N.sub.2), hydrogen (H.sub.2), carbon dioxide, carbon monoxide, methane or any other (flue) gas” where at least CO2 reads on the claim), and
wherein the gas is at least one of: (i) involved in the processing of the raw material as a reactant and/or a byproduct (CO2 is a byproduct of clinkerization), and (ii) an externally introduced stable gas, or a gas mixture thereof (optional limitation, see mapping to alternative);
a plurality of electric gas heaters, powered with electricity source, to heat the gas to the predefined temperature (para. 90, “The rotary apparatus 100 can be provided as a standalone apparatus or as a number of apparatuses arranged in series (in sequence) or in parallel.” Where the rotary apparatuses are powered by electricity, para. 34, and used to achieve a specific temperature, para. 93),
where preheating of the gas is performed at a heat recovery unit (fig. 1B, heat recovery unit/clinker cooler 120),
wherein the heat released by the heat recovery unit during cooling of the product exiting the processing equipment is utilized to raise temperature of the gas (para. 110, “Clinker leaving the kiln 118 at temperatures within a range of about 1200-1250° C. is rapidly cooled in the heat recovery unit/clinker cooler 120, and hot gases recovered in cooling can be further recycled back to the rotary apparatus 100 (recycling path not shown).”), and
wherein a heating medium flow design loop comprising of the plurality of electric gas heaters reutilizes the heat carrying capacity of the gas by recirculation and eliminates need for storing heat energy from the gas (fig. 1B shows recirculation via paths 3, and does not show storing heat energy of the gas in all of the recirculation loops);
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a plurality of gas cleaning units to clean the gas before entering the plurality of electric gas heaters (para. 154, with reference to fig. 3, “In some instances, gases require purification, e.g. from dust and fine particles, before being directed to heat recovery. Purification can be done by a series of filters, for example, arranged before the heat recovery section 104 (not shown). Additionally or alternatively the gases exiting the process unit 101 may be directed to a purification unit 105 (bypassing the unit 104), and, after purification, returned to the heat recovery (not shown).” This would be along the recirculation path 3 of fig. 1B);
an optional gas recovery unit to recover the gas exiting the processing equipment (fig. 3, heat recovery unit 104) followed by a gas separator to separate out solid particles before venting out non-harmful gases to the environment (fig. 3, purification unit 105); and
a gas storage unit to store the gas exiting the gas separator (fig. 3, the lines 11 and 7 read on this storage unit, per se, in addition to any downstream storage capabilities), wherein the stored gas is recirculated as a heating medium in the heating medium flow design loop (fig. 3, recycle gas) and excess gas is forwarded for sequestration for longer term storage or utilization (para. 156, “Purification unit 105 can be further adapted to purify waste gas(es), e.g. carbon dioxide, for further carbon capture. Waste gases discharged from the cement production facility as stream 7 (FIG. 3) can thus be further directed to carbon capture (not shown). Suitable methods for purification of waste gases include for example PSA, distillation, absorption, etc.”).
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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.
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.
Claim(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Purola as applied to claim 1 above, and further in view of the attached NPL to Unitronics, What is the definition of PLC?, accessibility date of 10/2/22.
Regarding claim 2. Purola teaches the system as claimed in claim 1, wherein the industrial plant process is a cement manufacturing plant (fig. 1B, kiln 118), wherein
the processing equipment comprising:
a gas recovery unit, functioning as one or more preheaters, to obtain a preheated feed from the raw material comprising a raw meal feed entering the one or more preheaters (fig. 1B, raw material preheater 114),
a pre-calciner for calcination of the preheated feed to obtain a partially calcined raw meal (fig. 1B, precalciner 116),
a rotary kiln for clinkerization to obtain the product in the form of a clinker from the partially calcined raw meal (fig. 1B, kiln 118), and
a heat recovery unit in form of a cooler to obtain the product in form of a clinker product by cooling the clinker (fig. 1B, cooler 120);
the gas used as the heating medium comprising at least one of (i) Carbon dioxide (CO2) which is the byproduct of the calcination (para. 89) and (ii) one or more inert gases (optional limitation, see mapping to alternative);
the gas storage unit comprising a CO2 Storage-Sequestration-Utilization Storage unit for storing the CO2 to be reutilized by the heating medium flow design loop (fig. 3, at least recirculation line 11 would “store” at least a portion of CO2), wherein the excess CO2 is sent for sequestration for longer term storage or utilization (fig. 3, line 7 leads to carbon capture);
the plurality of electric gas heaters comprising a first electric gas heater and a second electric gas heater (para. 90, “a number of apparatuses” would include a first and second heater 100); and
the plurality of gas cleaning units comprising a first gas cleaner, a second gas cleaner (para. 154, a series of filters reads on the claimed first and second gas cleaners) and a third gas cleaner using a cyclone separator (para. 154, “Unit 105 can comprise a number of appliances, such as filters, cyclones etc., adapted to mechanically remove dust and solid particles. Any conventional purification/separation methods and devices may be utilized. Exemplary purification/separation methods include, but are not limited to: cryogenic separation methods, membrane processes, Pressure Swing Adsorption (PSA), distillation, absorption, and any combination of these methods.”); and
a controller configured to (para. 138, “Suitable coupling(s) arranged between a motor drive shaft and the rotor shaft, as well as various appliances, such as power converters, controllers and the like, are not described herewith.”):
control the temperature of the heating medium to a plurality of predefined temperatures via the first electric gas heater and the second electric gas heater (para. 21), and
control a flow rate or pressure of the heating medium when the heating medium is discharged through the one or more preheaters, the pre-calciner, and the rotary kiln in accordance with the heating medium flow design loop (the pressure of the return flow is dependent at least partially upon the rotary apparatuses 100, see fig. 1B),
wherein control of the flowrate or the pressure is performed through operations of fans, compressors or blowers in the heating medium flow design loop (para. 22, where the rotary apparatus reads on the fan, compressor, or blower).
But fails to teach a controller comprising:
a memory storing instructions;
one or more Input/Output (I/O) interfaces; and
one or more hardware processors coupled to the memory via the one or more I/O interfaces, wherein the one or more hardware processors are configured by the instructions to:
Unitronics teaches a controller (PLC control system, see figure) comprising:
a memory storing instructions (figure, memory, Rom/Ram);
one or more Input/Output (I/O) interfaces (figure, interface of the input and output modules); and
one or more hardware processors coupled to the memory via the one or more I/O interfaces (figure, digital and analog outputs from the output module, see right side, which are coupled to the memory via the output module interface), wherein the one or more hardware processors are configured by the instructions (the system outputs digital and analog controls based on the memory instructions of the application) to:
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Purola to utilize a suitable PLC controller, as taught by Unitronics. This would provide the predictable result and benefit of a robust and flexible controller, as suggested by Unitronics in the first paragraph, “Programmable Logic Controllers are a flexible and robust control solution, adaptable to almost any application.”
Regarding claim 5. Modified Purola teaches the system of claim 2, comprises setting movement of the heating medium and the calcined feed in the rotary kiln in cocurrent direction (in fig. 1B, the heated gas enters at 2 and then exits at 3 in a right-left direction, where the raw material is introduced in the right and exits at the left, i.e. the right-left direction. In other words, cocurrent directions are shown in the figure),
wherein heating medium exiting the rotary kiln is mixed with another stream of the heating medium coming from (i) the cooler after preheating (fig. 1B, the flows of heating medium from kiln 118 and cooler 120 are shown by 3 to be mixed together when feeding back into rotary apparatus 100), and is split via a flow splitter (In fig. 1B, the rotary apparatus 100, per se, is shown as flow splitter, splitting the lines 3 into lines 2),
wherein a first split portion of the heating medium is sent back to the rotary kiln post performing gas purification and reheating (fig. 1B, line 2 from rotary apparatus 100 to kiln 118, see also fig. 3 for gas purification), and
wherein a second spilt portion of the heating medium is sent to second gas cleaner followed by post heating to a second predefined temperature to the pre-calciner (fig. 1B, line 2 from rotary apparatus 100 to pre calciner 116, where the line 2 coming from the right side of apparatus 100 could be considered at a second predefined temperature. See also fig. 3 for filtering by second gas cleaner).
Allowable Subject Matter
Claims 3-4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3. The combination of Purola and Unitronics, applied to claim 2, represents the closest prior art of record to the claimed invention.
Modified Purola teaches the system of claim 2, wherein the heating medium flow design loop execution comprising:
obtaining an initial quantity of the heating medium from the CO2 Storage-Sequestration-Utilization Storage unit (fig. 3, quantity of gas in line 11, per se);
purifying the heating medium at the first gas cleaner (fig. 3, the heating medium is purified in purification unit 105);
circulating heating medium through the cooler to raise the temperature of the heating medium to an initial temperature via heat absorption of the heating medium from the clinker (fig. 1B, the heating medium is circulated through cooler 120 to raise the temperature of the gas to what could be considered an initial temperature);
purifying the heating medium at the initial temperature via the second gas cleaner to filter out impurities (fig. 3, the gas removed from process unit 101, e.g. cooler 120, is removed and purified by the purification unit 105 before being sent back to the rotary apparatus);
heating the purified heating medium to a first temperature via the first electric gas heater controlled by the controller (as shown in fig. 3, the purified gas is sent back to the rotary apparatus 100) and discharging the heated heating medium into the rotary kiln with a first flow rate controlled by the controller (from the rotary apparatus 100, the heated fluid is sent to any one of the process units 101, e.g. the kiln 118),
wherein the clinkerization utilizes heat of the heated heating medium and releases the byproduct after reactions thereby increasing the quantity and decreasing the heat of the heating medium exiting the rotary kiln (fig. 1B, line 3 coming from kiln 118, where the kiln is understood to both use heat and produce CO2);
reheating the exited heating medium (fig. 1B, after release from the kiln 118, the gas is sent back to the rotary apparatus 100 and reheated), post purifying through the third gas cleaner (fig. 3, purification unit 105), to a second temperature via the second electric gas heater controlled by the controller (when arranged in parallel, some of the recirculated gas could be sent to the second rotary apparatus 100, fig. 1B), wherein the reheated heating medium is fed to the pre-calciner for the calcination with a second flow rate controlled by the controller (from the rotary apparatus 100, the heated fluid is sent to any one of the process units 101, e.g. the pre calciner 116);
The prior art fails to teach, the particular heating medium flow design loop execution comprising “discharging the heating medium generated at the pre-calciner to the one or more preheaters for preheating the raw meal feed,
wherein the heating medium exiting a first preheater among the one or more preheaters is passed through an electrostatic precipitator to filter out solid particles from the CO2 before venting out non-harmful gases to the environment while the heating medium is exiting the one or more preheaters; and
storing excess byproduct in the CO2 Storage-Sequestration-Utilization Storage unit prior to recirculating the byproduct to the first gas purifier for iteratively executing the heating medium flow design loop.”, in addition to the rest of the claim.
Instead, modified Purola teaches the precalciner 116 not having a return path 3, see fig. 1B. Furthermore, it would not have been obvious to one of ordinary skill in the art to further modify Purola to have the particular arrangement, as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CA 3140361 A1 to Bittner, teaches a calciner with CO2 recirculation, but fails to read on the claims.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kurt J Wolford whose telephone number is (571)272-9945. The examiner can normally be reached 7:30 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G Hoang can be reached at (571)272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KURT J WOLFORD/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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