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
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.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Xuelei et al. CN 112755734 published 7 May. 2021 as translated by EPO (hereafter Xuelei) and further in view of Tengfei et al. CN113047994 published 29 Jun. 2021 as translated by EPO (hereafter Tengfei).
Regarding claim 1, Xuelei teaches an apparatus for nitrogen generation for a powered maritime vehicle (¶n0002), the apparatus comprising:
a compression system (system comprising compressor A1) configured to compress air to a pre-selected feed pressure and output a compressed air flow at the pre-selected feed pressure (¶0026); and
a nitrogen separation unit (A5), the nitrogen separation unit positioned downstream of the compression system, the nitrogen separation unit configured to separate nitrogen and oxygen from the compressed air flow fed to the nitrogen separation unit via the compression system, the nitrogen separation unit configured to output the nitrogen separated from the compressed air flow as a nitrogen stream for feeding at least a portion of the nitrogen stream to a nitrogen storage unit (¶n0021, ¶n0008, ¶n0015; storage tank A6).
Xuelei does not teach where the powered maritime vehicle is a methanol powered maritime vehicle; the pre-selected feed pressure being greater than or equal to 13000 kPag.
Tengfei teaches a methanol powered maritime vehicle (¶n0001) comprising a nitrogen generator in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
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 nitrogen generation apparatus of Booth to be used with the methanol powered maritime vehicle (¶n0001) of Tengfei in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
Xuelei further teaches wherein the air buffer tank which stores air generated by the air compressor is stored at 1000 to 1200 kPag (¶0149, ¶0053), where the higher the feed pressure the higher the efficiency (¶0046), and wherein the pre-selected feed pressure is selected so that the nitrogen stream is formed and fed to the nitrogen storage unit without a booster compressor (¶0149).
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 preselected feed pressure (¶149, pressure from air compressor) of Xuelei to be equal or greater to 1300 kilopascals gauge (kPag) in order to increase efficiency (Xuelei ¶0046).
Further and/or alternatively, 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 preselected feed pressure (¶0149, pressure from air compressor) of Xuelei to be equal to or greater than 1300 kilopascals gauge (kPag) in order to pressurize the air buffer tank at between 1000 to 1200 kPa (Xuelei ¶0149), where supplying air at greater than the air buffer tank pressure would enable faster filling of the tank by creating a larger pressure differential.
Further, the system would be fully capable of performing the functional limitation of the feed pressure being equal or greater than 1300 kPag in accordance with MPEP 2114, 2115, and 2173.05(g).
Regarding claim 2, Xuelei in view of Tengfei teach all the limitations of claim 1. Xuelei further teaches wherein the air buffer tank which stores air generated by the air compressor is stored at 1000 to 1200 kPag (¶0149, ¶0053), where the higher the feed pressure the higher the efficiency (¶0046), and wherein the pre-selected feed pressure is selected so that the nitrogen stream is formed and fed to the nitrogen storage unit without a booster compressor (¶0149).
Xuelei does not teach wherein the pre-selected feed pressure is between 1300 kilopascals gauge (kPag) and 2000 kPag.
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 preselected feed pressure (¶149, pressure from air compressor) of Xuelei to be between 1300 kilopascals gauge (kPag) and 2000 kPag in order to increase efficiency (Xuelei ¶0046).
Further and/or alternatively, 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 preselected feed pressure (¶0149, pressure from air compressor) of Xuelei to be between 1300 kilopascals gauge (kPag) and 2000 kPag in order to pressurize the air buffer tank at between 1000 to 1200 kPa (Xuelei ¶0149), where supplying air at greater than the air buffer tank pressure would enable faster filling of the tank by creating a larger pressure differential.
Regarding claim 3, Xuelei in view of Tengfei teach all the limitations of claim 1. Xuelei further teaches wherein the compression system comprises a compressor (A1) and the pre-selected feed pressure is greater than 1000 to 1200 kPag (¶0149, ¶0053), where the higher the feed pressure the higher the efficiency (¶0046), and wherein the pre-selected feed pressure is selected so that the compressor of the compression system is the only compressor utilized to separate the nitrogen from the compressed air flow and feed the nitrogen stream to the nitrogen storage unit (¶0149).
Regarding claim 4, Xuelei in view of Tengfei teach all the limitations of claim 1. Xuelei further teaches a filtration system (A4) having at least one filter element positioned between the compression system and the nitrogen separation unit to filter the compressed air flow before the compressed air flow is fed to the nitrogen separation unit (¶n0021).
Regarding claim 5, Xuelei in view of Tengfei teach all the limitations of claim 4. Xuelei further teaches a pretreatment unit (A3) positioned between the compressor (A1) and the nitrogen separation unit (A5) to dry the compressed air flow before the compressed air flow is fed to the nitrogen separation unit (¶n0021); the nitrogen storage unit (A6).
Xuelei does not teach a pretreatment unit positioned between the filtration system and the nitrogen separation unit.
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 pretreatment unit (A3) of Xuelei to be between the filtration system (A4) and the nitrogen separation unit (A5) in order to prevent oil and particles from getting into the pretreatment dryer (¶n0018). See MPEP 2144.04 VI C.
Regarding claim 6, Xuelei in view of Tengfei teach all the limitations of claim 5. Xuelei further teaches the nitrogen storage unit (A6).
Xuelei does not teach the nitrogen storage unit configured to store gas of the nitrogen stream fed to the nitrogen storage unit at a pressure of between 1000 kPag and 1600 kPag.
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 nitrogen storage unit (A6) of Xuelei to store gas at a pressure of between 1000 kPag and 1600 kPag (for instance at 1000 kPag) in order to store nitrogen at a high pressure which enables an increase density and to maintain the pressure energy from the compressor.
Further, the system would be fully capable of performing the functional limitation in accordance with MPEP 2114, 2115, and 2173.05(g).
Regarding claims 7 and 9, Xuelei in view of Tengfei teach all the limitations of claim 1. Xuelei further teaches wherein the nitrogen separation unit comprises at least one membrane (¶n0069); wherein the nitrogen separation unit comprises at least one membrane for forming the nitrogen stream and forming an O2-enriched stream (¶n0069, ¶n0008), wherein the O2-enriched stream is output from the nitrogen separation unit and vented (E2 in Fig 1; ¶0033, ¶n0063, ¶n0072).
Regarding claim 10, Xuelei in view of Tengfei teach all the limitations of claim 1. Xuelei further teaches wherein the nitrogen stream comprises greater than or equal to 95 volume percent (vol%) N2 and less than 100 vol% N2 (¶0053); and wherein the maritime vehicle is a ship (¶n0002).
Regarding claim 11, Xuelei in view of Tengfei teach all the limitations of claim 1. Xuelei further teaches the nitrogen storage unit (A6)
Xuelei does not teach a methanol engine unit, the nitrogen storage unit positioned to output nitrogen stored in the nitrogen storage unit to the methanol engine unit via a methanol engine feed conduit positioned between the nitrogen storage unit and the methanol engine unit.
Tengfei teaches a methanol engine unit (unit comprising methonal fuel system), the nitrogen storage unit positioned to output nitrogen stored in the nitrogen storage unit to the methanol engine unit via a methanol engine feed conduit positioned between the nitrogen storage unit and the methanol engine unit in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
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 nitrogen generation apparatus of Xuelei to be used with the methanol powered maritime vehicle (¶n0001) and the methanol engine unit (unit comprising methonal fuel system) of Tengfei in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
Claims 1 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tihen et al. US 2018/0214725 (hereafter Tihen) and further in view of Tengfei et al. CN113047994 published 29 Jun. 2021 as translated by EPO (hereafter Tengfei)
Regarding claims 1 and 7-8, Tihen teaches an apparatus for nitrogen generation (¶34) for a powered maritime vehicle (¶4), the apparatus comprising:
a compression system (system comprising 101) configured to compress air to a pre-selected feed pressure and output a compressed air flow at the pre-selected feed pressure (¶34); and
a nitrogen separation unit (PSA, ¶36), the nitrogen separation unit positioned downstream of the compression system, the nitrogen separation unit configured to separate nitrogen and oxygen from the compressed air flow fed to the nitrogen separation unit via the compression system, the nitrogen separation unit configured to output the nitrogen separated from the compressed air flow as a nitrogen stream for feeding at least a portion of the nitrogen stream to a nitrogen storage unit (¶36-37, nitrogen storage unit of reservoir tank 107);
wherein the nitrogen separation unit comprises an adsorption system, wherein the adsorption system is a pressure swing adsorption (PSA) system (¶36).
Tihen does not teach where the powered maritime vehicle is a methanol powered maritime vehicle; the pre-selected feed pressure being greater than or equal to 13000 kPag.
Tengfei teaches a methanol powered maritime vehicle (¶n0001) comprising a nitrogen generator in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
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 nitrogen generation apparatus of Tihen to be used with the methanol powered maritime vehicle (¶n0001) of Tengfei in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
Tihen teaches where the nitrogen storage unit have can be any pressure and will commonly have a pressure above 1200 kPag (¶41). The nitrogen storage unit is fed by the nitrogen separation unit.
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 pre-selected feed pressure to the nitrogen generation unit (105) of Tihen to be equal to or greater than 1300 kPag in order to feed the 1200 kPag nitrogen storage unit. Further, with a value above 1300 kPag (“any value” in Tihen ¶41) would necessarily be at or above 1300 kPag in order to induce flow from the nitrogen separation unit to the nitrogen storage unit.
Further, the system would be fully capable of performing the functional limitation of the feed pressure being equal or greater than 1300 kPag in accordance with MPEP 2114, 2115, and 2173.05(g).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Xuelei in view of Tengfei as applied to claim 1 above and further in view of Tihen et al. US 2018/0214725 (hereafter Tihen).
Regarding claim 12, Xuelei in view of Tengfei teach all the limitations of claim 11. Xuelei further teaches the nitrogen storage unit (A6).
Xuelei does not teach wherein the nitrogen storage unit is connected to a supplemental nitrogen feed conduit to feed nitrogen to one or more other elements of the maritime vehicle.
Tihen teaches an apparatus for nitrogen generation (¶34) for a powered maritime vehicle (¶4), the apparatus comprising:
a compression system (system comprising 101) configured to compress air to a pre-selected feed pressure and output a compressed air flow at the pre-selected feed pressure (¶34); and
a nitrogen separation unit (PSA, ¶36), the nitrogen separation unit positioned downstream of the compression system, the nitrogen separation unit configured to separate nitrogen and oxygen from the compressed air flow fed to the nitrogen separation unit via the compression system, the nitrogen separation unit configured to output the nitrogen separated from the compressed air flow as a nitrogen stream for feeding at least a portion of the nitrogen stream to a nitrogen storage unit (¶36-37, nitrogen storage unit of reservoir tank 107);
wherein the nitrogen storage unit is connected to a supplemental nitrogen feed conduit to feed nitrogen to one or more other elements of the maritime vehicle in order to supply nitrogen to a sprinkler system (¶36-37).
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 nitrogen generation apparatus of Xuelei to be used with the supplemental nitrogen feed conduit to feed nitrogen to one or more other elements of the maritime vehicle (¶36-37) of Tihen in order to supply nitrogen to a sprinkler system (¶36-37).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xuelei et al. CN 112755734 published 7 May. 2021 as translated by EPO (hereafter Xuelei) and further in view of Tengfei et al. CN113047994 published 29 Jun. 2021 as translated by EPO (hereafter Tengfei) and “Relief valve” Wikipedia published 5 Aug. 2022 accessed at <https://en.wikipedia.org/w/index.php?title=Relief_valve&oldid=1102573544> (hereafter Relief).
Regarding claims 19-20, Xuelei teaches an apparatus for nitrogen generation for a powered maritime vehicle (¶n0002), the apparatus comprising:
a compression system (system comprising compressor A1) configured to compress air to a pre-selected feed pressure and output a compressed air flow at the pre-selected feed pressure (¶0026);
a nitrogen separation unit (A5) positioned downstream of the compression system, the nitrogen separation unit configured to separate nitrogen and oxygen from the compressed air flow fed to the nitrogen separation unit via the compression system, the nitrogen separation unit configured to output the nitrogen separated from the compressed air flow as a nitrogen stream and feed at least a portion of the nitrogen stream to a nitrogen storage unit (A6) via a nitrogen storage unit feed conduit connected between the nitrogen storage unit and the nitrogen separation unit (¶n0021, ¶n0008, ¶n0015).
a nitrogen venting conduit (E1) positioned between the nitrogen separation unit and the nitrogen storage unit for venting of at least a portion of the nitrogen stream (¶n0072, ¶0033, ¶n0063), the nitrogen venting conduit having a valve (B2 and/or valve in conduit E1 shown in Fig 1);
a sensor (C8) configured to detect a pressure of the nitrogen storage unit (¶n0070, ¶0031, ¶0106); and
a controller (¶0022, ¶0024, electrical control system) having a processor in communication with a non-transitory memory (¶0024, PLC), the controller in communication with the sensor and the valve of the nitrogen venting conduit, (¶23-25);
wherein the controller is in communication with the compression system and is configured to deactivate the compression system if the pressure of the nitrogen storage unit is at or above the pre-selected pressure threshold (¶n0034).
Xuelei does not teach:
where the powered maritime vehicle is a methanol powered maritime vehicle;
wherein the maritime vehicle is a ship.
the nitrogen storage unit connected to a methanol engine unit of the maritime vehicle via a methanol feed conduit to feed nitrogen stored in the nitrogen storage unit to the methanol engine unit;
the controller configured to determine whether the pressure of the nitrogen storage unit is at or above a pre-selected pressure threshold based on data from the sensor and, if the pressure of the nitrogen storage unit is at or above the pre-selected pressure threshold, actuate the valve of the nitrogen venting conduit to adjust the valve of the nitrogen venting conduit to an open position to vent at least a portion of the nitrogen stream and/or communicate with the compression system to adjust operation of the compression system;
the pre-selected feed pressure being greater than or equal to 13000 kPag.
Tengfei teaches a methanol powered maritime vehicle wherein the maritime vehicle is a ship (¶n0001) comprising a nitrogen generator in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
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 nitrogen generation apparatus of Booth to be used with the methanol powered maritime vehicle wherein the maritime vehicle is a ship (¶n0001) of Tengfei in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
Tengfei teaches a methanol engine unit (unit comprising methonal fuel system), the nitrogen storage unit positioned to output nitrogen stored in the nitrogen storage unit to the methanol engine unit via a methanol engine feed conduit positioned between the nitrogen storage unit and the methanol engine unit in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
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 nitrogen generation apparatus of Xuelei to be used with the methanol powered maritime vehicle (¶n0001) and the methanol engine unit (unit comprising methonal fuel system) of Tengfei in order to blow methanol vapor in the pipeline and equipment back into the methanol fuel storage tank and the methanol fuel day use tank (¶n0010).
Relief teaches where a relief valve is used to control or limit the pressure in a system in order to avoid process upset, instrument failure, or equipment failure (first paragraph).
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 nitrogen storage unit (A6) of Xuelei to include a relief valve (first paragraph) of Relief in order to avoid process upset, instrument failure, or equipment failure (first paragraph), such as if the pressure in the tank continued increasing after supply had been cut off by, for example, the nitrogen temperature increasing.
Further, 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 controller (PLC) of Xuelei to control the valve (Relief first paragraph) in order to in order to avoid process upset, instrument failure, or equipment failure (Relief first paragraph) and where the controller of Xuelei controls the systems of the apparatus (¶n022, ¶0035, ¶n0023-n0025).
The modification would have resulted in the controller configured to determine whether the pressure of the nitrogen storage unit is at or above a pre-selected pressure threshold based on data from the sensor and, if the pressure of the nitrogen storage unit is at or above the pre-selected pressure threshold, actuate the valve of the nitrogen venting conduit to adjust the valve of the nitrogen venting conduit to an open position to vent at least a portion of the nitrogen stream and/or communicate with the compression system to adjust operation of the compression system.
Xuelei further teaches wherein the air buffer tank which stores air generated by the air compressor is stored at 1000 to 1200 kPag (¶0149, ¶0053), where the higher the feed pressure the higher the efficiency (¶0046), and wherein the pre-selected feed pressure is selected so that the nitrogen stream is formed and fed to the nitrogen storage unit without a booster compressor (¶0149).
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 preselected feed pressure (¶149, pressure from air compressor) of Xuelei to be equal or greater to 1300 kilopascals gauge (kPag) in order to increase efficiency (Xuelei ¶0046).
Further and/or alternatively, 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 preselected feed pressure (¶0149, pressure from air compressor) of Xuelei to be equal to or greater than 1300 kilopascals gauge (kPag) in order to pressurize the air buffer tank at between 1000 to 1200 kPa (Xuelei ¶0149), where supplying air at greater than the air buffer tank pressure would enable faster filling of the tank by creating a larger pressure differential.
Further, the system would be fully capable of performing the functional limitation of the feed pressure being equal or greater than 1300 kPag in accordance with MPEP 2114, 2115, and 2173.05(g).
Claims 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Xuelei et al. CN 112755734 published 7 May. 2021 as translated by EPO (hereafter Xuelei) in view of Tengfei et al. CN113047994 published 29 Jun. 2021 as translated by EPO (hereafter Tengfei) and “Relief valve” Wikipedia published 5 Aug. 2022 accessed at <https://en.wikipedia.org/w/index.php?title=Relief_valve&oldid=1102573544> (hereafter Relief) and further in view Tihen et al. US 2018/0214725 (hereafter Tihen).
Regarding claim 21, Xuelei in view of Tengfei and Relief teach all the limitations of claim 20. Xuelei further teaches where the preselected pressure threshold is a first preselected pressure threshold.
Xuelei does not teach the controller is in communication with the compression system and is configured to activate the compression system while the pressure of the nitrogen storage unit is below a second pre-selected pressure threshold.
Tihen teaches a nitrogen apparatus for nitrogen generation comprising a compression system (101), a nitrogen separation unit (105), and a nitrogen storage unit (107) and where the controller is in communication with the compression system and is configured to activate the compression system while the pressure of the nitrogen storage unit is below a second pre-selected pressure threshold in order to ensure the nitrogen storage unit does not fall below a the preselected pressure threshold (¶55).
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 preselected pressure threshold of Xuelei to include the second pre-selected pressure threshold (¶55) of Tihen in order to ensure the nitrogen storage unit does not fall below a the preselected pressure threshold (¶55).
Regarding claim 22, Xuelei in view of Tengfei, Relief, and Tihen teach all the limitations of claim 21.
Xuelei does not teach wherein the second pre-selected pressure threshold is between 900 kPag and 1000 kPag and the second pre-selected threshold is lower than the first pre-selected threshold.
Tihen teaches where the second pre-selected pressure threshold is lower than the nitrogen storage unit pressure range and is high enough to maintain adequate nitrogen supply (¶55).
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 preselected pressure threshold of Xuelei to include the second pre-selected pressure threshold (¶55) of Tihen to be between 900 kPag and 1000 kPag and the second pre-selected threshold is lower than the first pre-selected threshold in order to maintain the maintain adequate nitrogen supply (¶55).
Further, the system would be fully capable of performing the functional limitation of the threshold being between 900 kPag and 1000 kPag in accordance with MPEP 2114, 2115, and 2173.05(g).
Regarding claim 23, Xuelei in view of Tengfei, Relief, and Tihen teach all the limitations of claim 21.
Xuelei does not teach wherein the second pre-selected pressure threshold is between 1000 kPag and 1400 kPag and the second pre-selected threshold is lower than the first pre-selected threshold.
Tihen teaches where the second pre-selected pressure threshold is lower than the nitrogen storage unit pressure range and is high enough to maintain adequate nitrogen supply (¶55).
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 preselected pressure threshold of Xuelei to include the second pre-selected pressure threshold (¶55) of Tihen to be between 1000 kPag and 1400 kPag and the second pre-selected threshold is lower than the first pre-selected threshold in order to maintain the maintain adequate nitrogen supply (¶55).
Further, the system would be fully capable of performing the functional limitation of the threshold being between 1000 kPag and 1400 kPag in accordance with MPEP 2114, 2115, and 2173.05(g).
Regarding claim 24, Xuelei in view of Tengfei, Relief, and Tihen teach all the limitations of claim 21. Xuelei further teaches wherein the nitrogen separation unit comprises at least one membrane (¶n0069).
Response to Arguments
The following is a response to Applicant’s arguments filed 30 Jun. 2026:
Applicant argues that the 112d rejection of claim 6 is overcome at least by amendment.
Examiner agrees and the rejection is withdrawn.
Applicant argues that Xuelei teaches that an air compressor should not operate at a pressure of over 12 bar.
Examiner disagrees. Xuelei teaches a non-limiting example of the pressure set to 10-12 bar (¶0149) but does not teach away from a pressure over 12 bar.
Applicant argues that the Xuelei pressure is not gauge pressure.
Examiner disagrees. Examiner concedes that Xuelei does not properly distinguish between gauge and absolute pressure, general engineering practice assumes gauge pressure for systems like that taught by Xuelei. See https://www.fluke.com/en-us/learn/blog/pressure-calibration/difference-between-gauge-absolute-pressure?srsltid=AfmBOorhGyYSzBN7djDHL0OcZkSDQembMUjuILI1gQJpC9Lb7meZ-IUn.
Applicant argues that there is no suggestion or motivation to modify Xuelei outside of the 10-12 bar pressure range.
Examiner disagrees. Xuelei teaches the motivation that a higher pressure results in an increase in production rate.
Applicant argues that an increase in inlet pressure within the 10-12 bar range only is taught by Xuelei to affect the production rate.
Examiner disagrees. Xuelei ¶0046 state that the higher the feed pressure the efficiency increases. Based on the teaching of Xuelei ¶0046 including the context of the surrounding disclosure one of ordinary skill would understand that increasing the pressure above 12 bar would also increase the efficiency.
Applicant argues that it would not be obvious to try the claimed pressure because Xuelei teaches in ¶0009 that “Nitrogen quality (O2 content) and nitrogen production rate are affected by many parameters such as membrane module performance, membrane inlet temperature, membrane inlet/outlet pressure, and membrane inlet/outlet flow rate. To obtain stable nitrogen quality and nitrogen production rate, the parameters have a large mutual influence and many coupling factors, making control relatively complex.”
Examiner disagrees. Xuelei teaches that stable nitrogen quality and production rate should control the parameters such as membrane module performance, membrane inlet temperature, membrane inlet/outlet pressure, and membrane inlet/outlet flow rate. Examiner concedes that increasing the feed pressure would increase the nitrogen efficiency and production rate which would not contribute to stability. However, a constant feed pressure above 13 bars would enable the stable nitrogen quality and production rate if the other factors were also kept stable/constant.
Applicant argues that above 12 bar taught away by Xuelei because Xuelei teaches a range of 10-12 bar and also teaches that parameters must be held within permissible ranges.
Examiner disagrees. The range of 10-12 bars of Xuelei is a non-limiting example and does not teach away from other pressure ranges. Further, Xuelei never states that 10-12 bar is the only permissible range, but rather teaches in ¶0015 that “within permissible ranges, the higher the membrane inlet temperature and the greater the membrane inlet pressure, the higher the nitrogen production flow rate. Similarly, when the nitrogen production flow rate is constant, the higher the membrane inlet temperature and the greater the membrane inlet pressure, the higher the nitrogen production purity.”
Xuelei does not state what the permissible ranges are. The prior art and claimed ranges are within the same order of magnitude and further within 10% of each other, and thus one of ordinary skill, without further evidence that supports that the range is not permissible, would expect the Xuelei system to be operable within the range of 13000 kPag.
Applicant argues that the Xuelei teaching that the parameter interaction is relatively complex teaches away from the higher 13 bar pressure.
Examiner disagrees. The relatively complex teaching does not teach away from altering any of the parameters, such as pressure. Through routine optimization, one of ordinary skill in the art would be able to optimize a system using higher pressure. One of ordinary skill in the art of nitrogen generation for use on methanol powered ship engines would have a ability to optimize relatively complex systems.
Applicant argues that because Xuelei teaches a system that generates nitrogen that one of ordinary skill in the art would not modify the system with a higher pressure.
Examiner disagrees. Xuelei teaches a system for generating nitrogen, but has not solved the problem of increasing the efficiency or production rate of nitrogen generation.
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 STEPHEN HOBSON whose telephone number is (571)272-9914. The examiner can normally be reached 9am-5pm.
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/STEPHEN HOBSON/Examiner, Art Unit 1776
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