Detailed Office Action
Notice of Pre-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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Restriction/Election
Applicant’s election of Group I, Claims 1 and 5 in the reply filed on 04/02/24 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2 – 4 and 6 – 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II and III, there being no allowable generic or linking claim.
Claim Rejections – U.S.C. § 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 and 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.
Regarding claim 1, “removing water from an exhaust gas in the reducing and thus hydrogen gas is separated” is indefinite. The phrase is indefinite because it first states removing water and that thus hydrogen gas is separated, however, these are two different components. Thus, it’s not clear from the phrase whether this refers to two different separation steps or whether the removal of water from an exhaust gas that includes hydrogen would meet the scope of the limitation. For purposes of examination, this latter interpretation is taken.
Claim 5 is rejected by virtue of dependency.
Claim Rejections – U.S.C. §102
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 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 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.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Astoria (US2020/0385827)
Regarding claim 1, Astoria teaches a method of direct reduction of iron [Abstract]. The method comprises:
Injecting a reducing gas containing hydrogen into a reduction shaft to reduce iron oxide [0015, Fig 4, “9”]
Meeting the claimed limitation of reducing iron oxide raw material with a reducing gas containing hydrogen
The topgas (i.e., an exhaust gas) is recovered and recirculated to an electrolyzer which converts water to oxygen and hydrogen, separates out the oxygen, and recycles the hydrogen back into the reduction gas line [Fig 4, “D”, 0017].
The conversion of water into hydrogen and oxygen meets the broadest reasonable interpterion of “removing water” from the exhaust gas and the separation of hydrogen and oxygen meets the broadest reasonable interpretation of hydrogen separation from the exhaust gas.
Introducing a carburizing gas containing methane, wherein methane reaction in carburizing is endothermic and thus contributes to cooling [0025, Fig 4, “18”, 0027]. Methane has carbon as an element (i.e, CH4).
Meeting the broadest reasonable interpretation of introducing carbonizing and cooling gas containing carbon as an element to the direct reduction iron and the cooling gas being methane.
The exhaust gas is collected and subjected to a gas separation step using membrane absorption [0027]. The hydrogen is recovered to be recycled back to the reduction gas line [0027, Fig 4, “14”]. Wherein given that methane gas is introduced as the carburizing gas, there is a reasonable expectation that methane is also partially present in the exit gas stream [Fig 4, “12”, 0027]. The non-hydrogen stream [Fig 4, “15”] is returned to the cooling as loop.
Meeting the claimed limitation of separating hydrogen gas and methane gas in an exhaust gas and the cooling gas having methane recovered from the separation.
As shown in Fig 4, the process gas “9” has hydrogen originating from both the topgas and carburizing exit gas.
Meeting the claimed limitation of the reducing gas containing hydrogen gas separated in the removing step and the separating step.
Regarding claim 5, Astoria teaches the invention as applied in claim 1. Astoria shows in Fig 4 that the process has [Fig 4, 0015]:
A shaft furnace with a top entrance for iron oxide and a discharge port at the bottom for reduced and carbonized iron [Fig 4, 0015], meeting the claimed limitations.
An inlet and outlet for carburizing gas, wherein carburizing and cooling (due to endothermic reaction) occurs between these [Fig 4, 0027], meeting the claimed limitation.
An inlet and outlet for reducing gas and topgas, wherein the reducing zone is between these ports [Fig 4, 0015], meeting the claimed limitation.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 12,692,563 – System and process for producing carburized sponge iron including a reducing area and carburizing area
US 12,180,554 – Process for carburization of iron including a reducing area and carburizing area and a hydrogen recycle line from carburization loop
US2011/0247457 – Recovery of hydrogen from carburizing loop and topgas loop to use as reducing gas
US 6,039,916 – Recycling of carburizing exit gas to reducing gas loop
WO2022169392 – reducing and carburizing of iron ore with topgas loop and carburizing and cooling gas loop and separation of hydrogen.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUSTIN POLLOCK whose telephone number is (571)272-5602. The examiner can normally be reached M - F (8 - 5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally Merkling can be reached on (571) 272-6297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUSTIN POLLOCK/Examiner, Art Unit 1738
/SALLY A MERKLING/SPE, Art Unit 1738
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