DETAILED ACTION
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 of Group I (claims 1-9), species 2, Fig. 2, air separation plant 200, subspecies B - spec. para. 69, no phase separation after second turbine 6 and biphasic introduction into the low-pressure column in the reply filed on 5/15/2026 with traverse is acknowledged. Claims 7, 8, 10-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, species, or subspecies, there being no allowable generic or linking claim. The traversal is on the ground(s) that “the Examiner as failed to identify any such features that are not shared by all claims.” This is not found persuasive because the lack of unity explicitly shows that the groups and species do not share a special technical feature, since the shared features were taught in the prior art and therefore not special technical features. Further as the structure of the air separation plant was fully met by the identified prior art there were no special technical features shared by the groups. Further, the prior art below demonstrates that the shared features do not distinguish the invention from the prior art and therefore the requirement is still deemed proper and is therefore made FINAL. It is noted that claim 7 is withdrawn since the elected species does not have a further booster unit as claimed.
Examiner Request
The applicant is requested to provide line numbers to each claim in all future claim submissions to aide in examination and communication with the applicant about claim recitations. The applicant is thanked for aiding examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 1, the recitation, “a second partial quantity of the feed air quantity compressed to the pressure in the third pressure range is supplied to the second turbine unit at the pressure in the third pressure range or at a pressure in a fifth pressure range above the third pressure range and at a temperature in a second temperature range, decompressed to a pressure in the second pressure range using the second turbine unit, and fed into the high-pressure column,” is new matter as the disclosed invention sends fluid from the second turbine to the low-pressure column not the high pressure column. Further the recitation is new matter in combination with the rest of the recitations of the claim.
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.
Claim(s) 1-6 is/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 pre-AIA the applicant regards as the invention.
In regard to claim 1, the recitation, “the feed air” lacks proper antecedent basis and there is no way to discern what is being referenced. All of other recitations of feed air should likewise be consistent (see claims 5, 6).
The recitation, “a second partial quantity of the feed air quantity compressed to the pressure in the third pressure range is supplied to the second turbine unit at the pressure in the third pressure range or at a pressure in a fifth pressure range above the third pressure range and at a temperature in a second temperature range, decompressed to a pressure in the second pressure range using the second turbine unit, and fed into the high-pressure column,” is indefinite for being inconsistent with the disclosure and the rest of the claim as the disclosed invention sends fluid from the second turbine to the low-pressure column not the high pressure column and there is no way to discern what this conflict requires.
The recitation, “a first partial quantity of the feed air quantity compressed to the pressure in the third pressure range is supplied to the first turbine unit at the pressure in the third pressure range or at a pressure in a fourth pressure range above the third pressure range and at a temperature in a first temperature range,” is indefinite for being inconsistent with the later recitation, “the first partial quantity of the feed air quantity compressed to the pressure in the third pressure range is provided at the pressure in the fourth pressure range and is thereby brought to the pressure in the fourth pressure range using a booster unit” as it is not possible for the first partial quantity to be either at the third pressure or the fourth pressure in accordance with the first recitation and for the first portion to be only at the fourth pressure in accordance with the second recitation.
The recitation, “16 to 50” is indefinite as there is no way to determine what these naked numbers require.
The recitation, “the second temperature range is selected such that a two-phase mixture having a liquid proportion of 5 to 15% forms at the outlet of the second turbine unit” is indefinite and unclear as the recitation appears to imply that all that is necessary for the liquid result is for the second temperature range to be within a certain temperature range and no other parameters are required. However, formation of liquid is based on thermophysical properties of the fluid in response to both temperature and pressure and it is unclear how the state of the fluid would determined only by temperature as claimed.
The recitation, “the temperature in the first temperature range and the temperature in the second” is indefinite since the recitation of “the second” is unclear.
The recitation, “for air” is indefinite since it is unclear if the recited air is related to the feed air or some other air.
In regard to claim 5, the recitation, “before it is” is indefinite as being unclear what “it” references.
The recitation, “after it” is indefinite as being unclear what “it” references.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitation “first turbine unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph and is interpreted as a turbine (para. 21).
Claim limitation “second turbine unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph and is interpreted as a turbine (para. 21).
Claim limitation “booster unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification uses the term but never defines what structure is necessary and sufficient. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The term “Biphasically” is interpreted to mean merely that the line feeding fluid to the low pressure column does not have a phase separator (spec. para. 69).
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Golubev (EP 3696486) see translation provided with this action. See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted. Further note the interpretation of the claim language as outlined in the rejection below.
In regard to claim 1, Golubev teaches a method (see whole disclosure including Fig. 1) for producing a pressurized, oxygen-rich, gaseous air product (E) using an air separation plant (“air separation plant” page 2) comprising a rectification column system (two column system, page 2; page 11 “110”) having a high-pressure column (“high pressure column” page 2, 10; 111) and a low-pressure column (112; page 11) and a main heat exchanger (105), a first turbine unit (108), and a second turbine unit (109), wherein
- the high-pressure column (111) is operated in a first pressure range (of 111) of from 4 to 7 bar (page 2), the low-pressure column (112) is operated in a second pressure range of from 1 to 2 bar (page 2), and at least a predominant portion of a total feed air quantity (feed air, page 3) supplied to the rectification column system (110) is compressed by 101) to a pressure in a third pressure range (page 3 pressure after 101, 102) which is more than 3 bar above the first pressure range (page 3 see includes pressures more than 3 bar above the first pressure of 111),
- a first partial quantity (at least through 108) of the total feed air quantity (feed air) compressed to the pressure in the third pressure range (by 101, 102) is supplied to the first turbine unit (108) at a pressure in a fourth pressure range (pressure after 106; page 10) above the third pressure range (provided by 101) and at a temperature in a first temperature range (temperature of f), decompressed to a pressure in the first pressure range (of 111) using the first turbine unit (108), and fed into the high-pressure column (111),
- a second partial quantity (at least through 109) of the total feed air quantity (feed air) compressed to the pressure in the third pressure range (by 101, 102) is supplied to the second turbine unit (109) at the pressure in the third pressure range (by 101, 102) and at a temperature in a second temperature range (inlet temp of 109), decompressed to a pressure in the second pressure range (of 112) using the second turbine unit (109), and fed into the low-pressure column (112),
- oxygen-rich liquid (m) is withdrawn from the rectification column system (110) to provide the gaseous, pressurized, oxygen-rich air product E), brought to a pressure in a sixth pressure range of from 16 to 50 bar (page 5, “31 bar”) in a liquid state (page 11), supplied to the main heat exchanger (105), evaporated therein at the temperature in the third temperature range (temperature of E) and discharged from the air separation plant (see fig. 1),
wherein
- a proportion of less than 5% of all air products withdrawn from the air separation plant is withdrawn from the air separation plant in an unevaporated and liquid state (page 9, “no…liquid air products are formed”), wherein
- the third temperature range (at E) is above the first temperature range (temperature of f) and the second temperature range (temperature of inlet of 109),
- the temperature in the first temperature range (temperature of f) and the temperature in the second temperature range (inlet temperature to 109) differ from each other by not more than 10 K (page 8),
- the first partial quantity (at least through 108) of the total feed air quantity compressed to the pressure in the third pressure range is provided at the pressure in the fourth pressure range (via 106) and is thereby brought to the pressure in the fourth pressure range using a booster unit (106),
- the first turbine unit (108) is used to drive the booster unit (106),
- the second turbine unit (109) is coupled to a warm booster (102) for air.
Further, it is noted that Golubev teaches that an output fluid (in k) at the outlet of the second turbine unit (109) is fed biphasically (no separator on line k) into the low-pressure column (112).
In addition, Golubev teaches the limitations of claim 2 that the first temperature range (temperature of f; referred to as the third temperature, page 6, 10) and the second temperature range (inlet temperature to 109; referred to as the fourth temperature, page 8, 11) are within 110 to 140 K (see at least the disclosed temperature -140C which is within both the identified third and fourth temperatures and that -140C is 133.15K which is within 110-140K).
In view of these teachings, as far as can be discerned, the second temperature range (inlet temperature to 109, “fourth temperature level”, page 8, 11) is selected such that the outlet of the second turbine (109) has a liquid proportion of 5% to 15% (per disclosure above of the temperatures being the same; in addition, see page 11, 8).
Further in regard to claim 3, Golubev teaches that the third temperature range (of E) is more than 10K above the second temperature range (fourth temperature level, page 8, 11 - see that the near ambient temperature of E is more than 10K above -140C)
Further in regard to claim 4, Golubev teaches that the booster unit (106) is formed by a cold compressor (page 10 “cold booster”).
In regard to claim 5, Golubev teaches that the first partial quantity (at least through 108) of the total feed air quantity (feed air) compressed to the pressure in the third pressure range (by 101, 102) is cooled in a first cooling step in the main heat exchanger (105) before the first partial quantity (at least through 108) is brought to the pressure in the fourth pressure range (after 106; page 10) using the booster unit (106), and wherein the first partial quantity (at least through 108) of the total feed air quantity (Feed air) compressed to the pressure in the third pressure range (by 101, 102) can be cooled in a second cooling step (see after 106, cooled again in 105) in the main heat exchanger (105) after the first partial quantity (at least through 108) has been brought to the pressure in the fourth pressure range (by 106) using the booster unit (106), wherein the second cooling step comprises cooling to the temperature in the first temperature range (page 6, 10, -140C “third temperature level”).
In regard to claim 6, Golubev teaches that a third partial quantity (at least g) of the total feed air quantity (feed air) compressed to the pressure in the third pressure range (by 101, 102) is subjected to the first cooling step together with the first partial quantity (at least through 108) of the total feed air quantity (feed air) compressed to the pressure in the third pressure range (by 101, 102) and brought to the pressure in the fourth pressure range (after 106) using the booster unit (106), wherein the third partial quantity (at least g) of the total feed air quantity (feed air) compressed to the pressure in the third pressure range (by 101, 102) is liquefied (page 7, subcooling) at the pressure in the fourth pressure range (after 106) in the main heat exchanger (105), subsequently decompressed, and fed into the high-pressure column (111).
Conclusion
The prior art made of record on the 892 form and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN F PETTITT whose telephone number is (571)272-0771. The examiner can normally be reached on M-F, 9-5p. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763
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