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 .
Office Action Summary
This is the initial office action for application 18645427 filed 04/25/2024.
Claims 1-5 are currently pending and have been fully considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
It is unclear if the phrase “in the case of” is meant to suggest an optional limitation.
Claim 1 has been interpreted to comprise the steps of introducing a mixed hydrate reaction liquid into a reaction tank, introducing natural gas into the hydrate reaction liquid to form a mixture and heat the mixture to 273.65 K – 283.15 K to form hydrates and maintain the hydrates at a temperature of less than or equal to 298.15 K. The reaction tank is also taught to be a transportation tank. The transportation tank is also taught to be matched with a transportation vehicle.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI (USPGPUB 2020/0339900) and METTLER et al. (USPGPUB 2018/0229178).
LI teaches a hydrate formation promoter and its use in methane storage.
The process is taught in paragraph 12 of LI, wherein the hydrate formation promoter is added to a reaction vessel (introducing a mixed hydrate reaction liquid into hydrate reaction tank), and methane is introduced into the reaction vessel (introducing natural gas) at a temperature of from 1 to 25 C (enabling the mixture to undergo a hydrate generation reaction at a temperature of 273.65 K – 283.15 K to obtain the hydrate).
LI further teaches in paragraph 12 that the hydrate formed is stable at higher temperatures. The heating to form the hydrate are also at temperatures that overlap the temperatures in which the hydrates are stable. LI further teaches in paragraph 14, that the hydrate formation allows for the storage, and transportation of methane hydrates. (heating the hydrate to a temperature of less than or equal to 298.15K).
METTLER et al. teach forming and sequestering CO2 clathrates.
METTLER et al. teach in paragraph 8 that the formation of a CO2 clathrates may be done with a hydrate formation promoter such as cyclopentane.
METTLER et al. further teach in paragraph 9 that it is known in the art to form the CO2 clathrate on the seagoing vessel while transporting to a deposition site where the CO2 clathrates and sequestered.
The formation of the CO2 clathrates is taught in paragraph 46 to be produced in a hydrate formation reactor.
It would be well within one of ordinary skill in the art that the methane hydrates may be formed on a transportation vehicle such as a seagoing vessel. The reaction tank would then also be considered a transportation tank.
LI further teaches in paragraph 53 that any other changes, modifications, substitutions, combinations, and simplifications without departing from the spirit and principle of the present invention shall be regarded as equivalent replacements and included in the scope of the present invention.
Performing the methane hydrate formation in a tank on a transportation vehicle would be a modification without departing from the spirit. Doing so would also allow for improved efficiencies to perform the reaction during transportation.
Regarding claim 2, LI teaches in paragraph 12 that the hydrate formation promoter is added at a temperature of 1 to 25 C which is 274 to 298K.
It would be obvious to one of ordinary skill in the art to use a temperature between 274.15 to 283.15K since it has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 3, LI teaches in reference claim 1 the hydrate formation promoter comprises cyclopentane in water.
Regarding claim 4, LI teaches in reference claim 1 the hydrate formation promoter comprises cyclopentane.
Regarding claim 5, LI teaches in reference claim 1 cyclopentane is present in water in an amount of 5 to 23.4%.
It would be obvious to one of ordinary skill in the art to use about 5.6 vol% cyclopentane in water since it has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art at the time of the invention.
Conclusion
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/MING CHEUNG PO/Examiner, Art Unit 1771
/ELLEN M MCAVOY/Primary Examiner, Art Unit 1771