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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 1 recites:
A method for maximizing the selectivity (S) of an epoxidation catalyst in an ethylene oxide reactor system, comprising: receiving a measured reactor selectivity (Smeas), a measured reactor temperature (Tmeas), and one or more operational parameters from an ethylene oxide production system configured to convert, in the ethylene oxide reactor system, a feed gas comprising ethylene and oxygen into ethylene oxide in the presence of the epoxidation catalyst and a chloride-containing catalyst moderator, wherein the epoxidation catalyst comprises silver and a promoting amount of rhenium (Re), and wherein the measured reactor selectivity (Smeas), the measured reactor temperature (Tmeas), and the one or more operational parameters comprise real-time and historical operating data points over time generated by the ethylene oxide production system; and using a processor to:
(a) calculate, using a model, for each time point, a model-estimated selectivity (Sest) and a model-estimated temperature (Test) of the epoxidation catalyst at an optimum moderator level (Mopt), wherein the model-estimated selectivity (Sest) and the model-estimated temperature (Test) are determined based on at least one operational parameter of the one or more operational parameters at said time points, wherein the at least one operational parameter does not include a chloride-containing moderator level, and wherein the model is based, at least in part, on empirical historical data associated with the epoxidation catalyst, the ethylene oxide production system, or both;
(b) determine a difference (AS) between the measured reactor selectivity (Smeas) and the model-estimated selectivity (Sest) and a difference (AT) between the measured reactor temperature (Tmeas) and the model-estimated temperature (Test) for each of the time points;
(c) fit a curve to the delta selectivity (AS) data points as a function of the corresponding delta temperature (AT) data points to obtain a fitted curve;
(d) determine a real-time relative effective moderator level (RCleffreal-time)based on the fitted curve and real-time values of AS (ASreal-time) and AT (ATreal- time);
(e) output an actionable recommendation based on the real-time RCleff (RCleffreal-time),wherein the recommendation comprises a target change (Mchange) of a moderator level (M) to its optimal value (Mopt) such that the RCleff is changed from its real-time value (RCleffreal-time) to the optimum level of 0.0 by definition or the equivalent absolute moderator level target (Mopt); and
(f) display the actionable recommendation on a display; wherein the RCleff is defined to be the value of the ratio of the moderator level (M) to the optimum moderator level (Mopt) minus one:RCleff= (M/Mopt) - 1 and, wherein the moderator level (M) is defined as a total or weighted total concentration of chloride species in the feed gas to the ethylene oxide reactor system, a makeup feed rate of chlorides or a catalyst chloriding effectiveness value (Cleff), which is calculated as: Clewhereby [MC], [EC], [EDC], and [VC] are the concentrations in ppmv of methyl chloride (MC), ethyl chloride (EC), ethylene dichloride (EDC), and vinyl chloride (VC), respectively, and [CH4], [C2H6] and [C2H4] are the concentrations in mole percent of methane, ethane, and ethylene, respectively, in the feed gas, wherein the recommended change to bring the moderator level (M) from its real-time level (Mreal-time) to its optimal level (Mopt) and to bring the RCleff to its optimum level of 0.0 is defined as Mchange =(1/(RCleffreal-time + 1) - 1) *100%,in percentage terms or, as the equivalent incremental change in moderator level, or equivalently, wherein the absolute recommended optimal moderator level target (Mopt) is defined asMopt =Mreal-time/(RCleffreal-time + 1) and wherein the real-time RCleff (RCleffreal-time) is determined by:
(i) determining a slope of the fitted curve at the real-time values of AS (ASreal-time) and AT (ATreal-time) and comparing the slope to a reference curve for the epoxidation catalyst, or by
(ii) determining from the fitted curve a maximum AS (ASopt) and a corresponding AT (ATopt) at the maximum AS, wherein the ASopt occurs at the optimum RCleff calculating a relative selectivity difference (RSD) by subtracting the ASopt from the AS and a relative temperature difference (RTD) by subtracting the ATopt from the AT, and comparing real-time values of the RSD (RSDreal-time) and the RTD (RTDreal-time) to reference curves for the epoxidation catalyst, or by a combination of said methods (i) and (ii), wherein the reference curves are generated from previous laboratory testing, pilot plant testing, or earlier plant operation that relate the selectivity deviations and temperature deviations versus optimum to the relative effective moderator level (RCleff) or that relate the slope of the plot of said selectivity deviations plotted against said temperature deviations to the relative effective moderator level (RCleff).
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim limitation, that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations) and mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion.
For example, steps of “(a) calculate, using a model, for each time point, a model-estimated selectivity (Sest) and a model-estimated temperature (Test) of the epoxidation catalyst at an optimum moderator level (Mopt), wherein the model-estimated selectivity (Sest) and the model-estimated temperature (Test) are determined based on at least one operational parameter of the one or more operational parameters at said time points, wherein the at least one operational parameter does not include a chloride-containing moderator level, and wherein the model is based, at least in part, on empirical historical data associated with the epoxidation catalyst, the ethylene oxide production system, or both;
(c) fit a curve to the delta selectivity (AS) data points as a function of the corresponding delta temperature (AT) data points to obtain a fitted curve” are treated by the Examiner as belonging to mathematical concept grouping, while the steps of “(b) determine a difference (AS) between the measured reactor selectivity (Smeas) and the model-estimated selectivity (Sest) and a difference (AT) between the measured reactor temperature (Tmeas) and the model-estimated temperature (Test) for each of the time points;
(d) determine a real-time relative effective moderator level (RCleffreal-time)based on the fitted curve and real-time values of AS (ASreal-time) and AT (ATreal- time);
(i) determining a slope of the fitted curve at the real-time values of AS (ASreal-time) and AT (ATreal-time) and comparing the slope to a reference curve for the epoxidation catalyst, or by
(ii) determining from the fitted curve a maximum AS (ASopt) and a corresponding AT (ATopt) at the maximum AS, wherein the ASopt occurs at the optimum RCleff calculating a relative selectivity difference (RSD) by subtracting the ASopt from the AS and a relative temperature difference (RTD) by subtracting the ATopt from the AT, and comparing real-time values of the RSD (RSDreal-time) and the RTD (RTDreal-time) to reference curves for the epoxidation catalyst, or by a combination of said methods (i) and (ii), wherein the reference curves are generated from previous laboratory testing, pilot plant testing, or earlier plant operation that relate the selectivity deviations and temperature deviations versus optimum to the relative effective moderator level (RCleff) or that relate the slope of the plot of said selectivity deviations plotted against said temperature deviations to the relative effective moderator level (RCleff)” are treated as belonging to mental process grouping.
Similar limitations comprise the abstract ideas of Claims 8 and 12.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The above claims comprise the following additional elements:
In Claim 1: epoxidation catalyst, ethylene oxide reactor system, an epoxidation catalyst, chloride-containing catalyst moderator
In Claim 8: one or more tangible non-transitory machine-readable media, epoxidation catalyst, oxide reactor system
In Claim 12: a reactor, system, oxygen, an epoxidation catalyst, chloride-containing catalyst moderator, display, a data processing system
The additional element of “a ethylene oxide reactor system, epoxidation catalyst, chloride-containing catalyst moderator, a data processing system, display and one or more tangible non-transitory machine-readable media” are not qualified for a meaningful limitations because they only generally link the use of the judicial exception to a particular technological environment or field of use, represents a mere data gathering step, only adding an insignificant extra-solution activity to the judicial exception or are generally recited and are not qualified as a particular machines.
Further the limitations of Claim 1 that disclose: “(e) output an actionable recommendation based on the real-time RCleff (RCleffreal-time),wherein the recommendation comprises a target change (Mchange) of a moderator level (M) to its optimal value (Mopt) such that the RCleff is changed from its real-time value (RCleffreal-time) to the optimum level of 0.0 by definition or the equivalent absolute moderator level target (Mopt); and
(f) display the actionable recommendation on a display; wherein the RCleff is defined to be the value of the ratio of the moderator level (M) to the optimum moderator level (Mopt) minus one:RCleff= (M/Mopt) - 1 and, wherein the moderator level (M) is defined as a total or weighted total concentration of chloride species in the feed gas to the ethylene oxide reactor system, a makeup feed rate of chlorides or a catalyst chloriding effectiveness value (Cleff), which is calculated as: Clewhereby [MC], [EC], [EDC], and [VC] are the concentrations in ppmv of methyl chloride (MC), ethyl chloride (EC), ethylene dichloride (EDC), and vinyl chloride (VC), respectively, and [CH4], [C2H6] and [C2H4] are the concentrations in mole percent of methane, ethane, and ethylene, respectively, in the feed gas, wherein the recommended change to bring the moderator level (M) from its real-time level (Mreal-time) to its optimal level (Mopt) and to bring the RCleff to its optimum level of 0.0 is defined as Mchange =(1/(RCleffreal-time + 1) - 1) *100%,in percentage terms or, as the equivalent incremental change in moderator level, or equivalently, wherein the absolute recommended optimal moderator level target (Mopt) is defined asMopt =Mreal-time/(RCleffreal-time + 1) and wherein the real-time RCleff (RCleffreal-time) is determined by….” is considered by MPEP 2106.05(g) as insignificant extra-solution activity.
In conclusion, the above additional elements, considered individually and in combination with the other claim elements do not reflect an improvement to other technology or technical field, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
However, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis).
The claims, therefore, are not patent eligible.
With regards to the dependent claims, claims 2-7, 9-11 and 13-14 provide additional features/steps which are part of an expanded algorithm, so these limitations should be considered part of an expanded abstract idea of the independent claims.
Allowable Subject Matter
Claims 1-14 would be allowable if written overcome the 101 rejection set forth in this office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1, No prior art teach nor alone or in combination A method for maximizing the selectivity (S) of an epoxidation catalyst in an ethylene oxide reactor system, comprising: receiving a measured reactor selectivity (Smeas), a measured reactor temperature (Tmeas), and one or more operational parameters from an ethylene oxide production system configured to convert, in the ethylene oxide reactor system, a feed gas comprising ethylene and oxygen into ethylene oxide in the presence of the epoxidation catalyst and a chloride-containing catalyst moderator, wherein the epoxidation catalyst comprises silver and a promoting amount of rhenium (Re), and wherein the measured reactor selectivity (Smeas), the measured reactor temperature (Tmeas), and the one or more operational parameters comprise real-time and historical operating data points over time generated by the ethylene oxide production system; and using a processor to:
(a) calculate, using a model, for each time point, a model-estimated selectivity (Sest) and a model-estimated temperature (Test) of the epoxidation catalyst at an optimum moderator level (Mopt), wherein the model-estimated selectivity (Sest) and the model-estimated temperature (Test) are determined based on at least one operational parameter of the one or more operational parameters at said time points, wherein the at least one operational parameter does not include a chloride-containing moderator level, and wherein the model is based, at least in part, on empirical historical data associated with the epoxidation catalyst, the ethylene oxide production system, or both;
(b) determine a difference (AS) between the measured reactor selectivity (Smeas) and the model-estimated selectivity (Sest) and a difference (AT) between the measured reactor temperature (Tmeas) and the model-estimated temperature (Test) for each of the time points;
(c) fit a curve to the delta selectivity (AS) data points as a function of the corresponding delta temperature (AT) data points to obtain a fitted curve;
(d) determine a real-time relative effective moderator level (RCleffreal-time)based on the fitted curve and real-time values of AS (ASreal-time) and AT (ATreal- time);
(e) output an actionable recommendation based on the real-time RCleff (RCleffreal-time),wherein the recommendation comprises a target change (Mchange) of a moderator level (M) to its optimal value (Mopt) such that the RCleff is changed from its real-time value (RCleffreal-time) to the optimum level of 0.0 by definition or the equivalent absolute moderator level target (Mopt); and
(f) display the actionable recommendation on a display; wherein the RCleff is defined to be the value of the ratio of the moderator level (M) to the optimum moderator level (Mopt) minus one:RCleff= (M/Mopt) - 1 and, wherein the moderator level (M) is defined as a total or weighted total concentration of chloride species in the feed gas to the ethylene oxide reactor system, a makeup feed rate of chlorides or a catalyst chloriding effectiveness value (Cleff), which is calculated as: Clewhereby [MC], [EC], [EDC], and [VC] are the concentrations in ppmv of methyl chloride (MC), ethyl chloride (EC), ethylene dichloride (EDC), and vinyl chloride (VC), respectively, and [CH4], [C2H6] and [C2H4] are the concentrations in mole percent of methane, ethane, and ethylene, respectively, in the feed gas, wherein the recommended change to bring the moderator level (M) from its real-time level (Mreal-time) to its optimal level (Mopt) and to bring the RCleff to its optimum level of 0.0 is defined as Mchange =(1/(RCleffreal-time + 1) - 1) *100%,in percentage terms or, as the equivalent incremental change in moderator level, or equivalently, wherein the absolute recommended optimal moderator level target (Mopt) is defined asMopt =Mreal-time/(RCleffreal-time + 1) and wherein the real-time RCleff (RCleffreal-time) is determined by:
(i) determining a slope of the fitted curve at the real-time values of AS (ASreal-time) and AT (ATreal-time) and comparing the slope to a reference curve for the epoxidation catalyst, or by
(ii) determining from the fitted curve a maximum AS (ASopt) and a corresponding AT (ATopt) at the maximum AS, wherein the ASopt occurs at the optimum RCleff calculating a relative selectivity difference (RSD) by subtracting the ASopt from the AS and a relative temperature difference (RTD) by subtracting the ATopt from the AT, and comparing real-time values of the RSD (RSDreal-time) and the RTD (RTDreal-time) to reference curves for the epoxidation catalyst, or by a combination of said methods (i) and (ii), wherein the reference curves are generated from previous laboratory testing, pilot plant testing, or earlier plant operation that relate the selectivity deviations and temperature deviations versus optimum to the relative effective moderator level (RCleff) or that relate the slope of the plot of said selectivity deviations plotted against said temperature deviations to the relative effective moderator level (RCleff).
It is for this reason, Claim 1 and all of its dependencies would be allowed.
Claim 8 and 12 include analogous, though not necessarily coextensive, features in conjunction with Claim 1, and therefore, would be, along with its dependencies, forsimilar rationale as disclosed above, allowed.
Conclusion
The prior art made record and not relied upon is considered pertinent to applicant’s disclosure.
Al-Ahmadi et al. (EPOXIDATION PROCESS WITH ADDED MODERATOR, 2013-04-18) teaches a method for the epoxidation of an olefin comprising the steps of reacting a feed gas composition containing an olefin, oxygen, and a moderator having an optimal moderator concentration in the presence of an epoxidation catalyst at a first temperature and having a first selectivity; and increasing the optimal moderator concentration to a second moderator concentration and whereby the first selectivity is lowed to a second selectivity and the first temperature to a second temperature;
Rizkalla et al. (PROCESS FOR INITIATING A HIGHLY SELECTIVE ETHYLENE OXIDE CATALYST, 2011-06-23) teaches A start-up process for epoxidation of ethylene is provided. The process includes initiating an epoxidation reaction by reacting a feed gas composition in the presence of an epoxidation catalyst at a first temperature of about 180.degree. C. to about 210.degree. C. The first temperature is increased to a second temperature of about 230.degree. C. to about 290.degree. C., over a time period of about 6 hours to about 50 hours, while simultaneously adding a sufficient concentration of moderator so that the amount of moderator adsorbed on the catalyst after achieving the second temperature is from about 10 to about 50 g/m.sup.3 of catalyst. The second temperature is maintained for about 50 hours to about 350 hours, while regulating the feed gas composition to contain about 0.5% to about 25% CO.sub.2. The second temperature is decreased to a third temperature, while simultaneously increasing moderator concentration to a level greater than the sufficient concentration.
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/MICHAEL J SINGLETARY/Examiner, Art Unit 2863