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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-12 and 19-20 in the reply filed on 18 Mar. 2026 is acknowledged.
Information Disclosure Statement
Applicant is reminded of the duty to disclose, as recited in MPEP §609: “In nonprovisional applications, applicants and other individuals substantively involved with the preparation and/or prosecution of the application have a duty to submit to the Office information which is material to patentability as defined in 37 CFR 1.56."
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 6, claim 6 recites “The apparatus of claim 5, comprising the nitrogen storage unit.” The apparatus of claim 5 comprises the nitrogen storage unit (“An apparatus … comprising: … feeding at least a portion of the nitrogen stream to a nitrogen storage unit.” of claim 1).
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
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).
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).
Xuelei does not teach the pre-selected feed pressure is greater than 1300 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 (¶0149, pressure from air compressor) of Xuelei to be greater than 1300 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 greater than 1300 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 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 claims 5-6, 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 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.
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).
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.
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.
Conclusion
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/STEPHEN HOBSON/Examiner, Art Unit 1776