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 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “CO convertor unit” and “CO2 depletion unit” in claim 1 and 14.
Such claim limitation(s) is/are: “physical absorption device” and “chemical absorption device” in claim 11 and 16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 14-18 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 14 recites the broad recitation followed by the narrow recitation after “in particular” (twice recited) in “a source of blast furnace gas, in particular a blast furnace gas network” and “a source of coke oven gas, in particular a coke oven gas network”. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 1-13 are allowed.
Claims 14-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance and indication of allowable subject matter: Considering claims 1 and 15, the prior art does not teach or fairly suggest the claimed system and method for operating a coke oven plant, the method comprising the steps of: a) providing a blast furnace gas stream comprising carbon monoxide CO, carbon dioxide CO2 and hydrogen H2, and a coke oven gas stream comprising hydrogen H2, carbon monoxide CO and methane CH4; b) treating a part of the blast furnace gas stream by converting carbon monoxide to carbon dioxide in a CO converter unit to obtain a treated blast furnace gas stream; c) subjecting the treated blast furnace gas stream from step b) to a removal of carbon dioxide in a CO2-depletion unit to obtain a primary CO2-depleted blast furnace gas stream; d) mixing the primary CO2-depleted blast furnace gas stream from step c) with a proportion of the blast furnace gas stream in a first mixing unit to obtain a secondary CO2-depleted blast furnace gas stream; e) mixing the secondary CO2-depleted blast furnace gas stream from step d) with a proportion of the coke oven gas stream in a second mixing unit to obtain a tertiary CO2-depleted gas stream; f) feeding said tertiary CO2-depleted gas stream to an underfiring system of a coke oven from the coke oven plant to convert coal to coke thereby producing a coke oven gas and an exhaust gas; wherein properties of the secondary CO2-depleted blast furnace gas stream are determined by a first analyzer downstream the first mixing unit and properties of the tertiary CO2-depleted gas stream are determined by a second analyzer downstream the second mixing unit; wherein the proportion of the blast furnace gas stream and the proportion of the coke oven gas stream are controlled based on said properties determined by said first and second analyzers to adjust at least one of CO2 content, CO content, H2 content, Wobbe Index, stoichiometric combustion air demand and Lower Heating Value in said tertiary CO2-depleted gas stream thereby controlling operation of the underfiring system.
Tani et al (JP 2006348063) is regarded as the closest relevant prior art, Tani teaches method and a system for setting the blend ratio of blast furnace gas (BFG) and coke oven gas (COG), wherein the mixed gas is used for heating coke oven (5), with means for analyzing the gas (2a,2b) is comprised in both BFG (1a) and COG pipeline (1b) (see Fig 1, [0013-0018]), however Tani does not teach the CO convertor unit, CO2 depletion unit and proportioned mixing based upon the first and second analyzers to control operation of the underfiring system as claimed
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ackeren (US 3,192,127) teaches coking oven underfiring. Van Acekeren (US 4,061,544) teaches coke oven underfiring. Frederick (US 4,363,654) teaches producing reducing gas for furnace injection. Millner (US 2012/0237421) teaches CO2 removal from exhaust gases by physical and chemical absorption. Schneider (US 2016/0068390) teaches utilization of blast furnace gases. Grant (US 2017/0002434) teaches blast furnace gas use. Kinzel (US 2022/0145410) teaches blast furnace gas operation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MILLER whose telephone number is (571)270-1603. The examiner can normally be reached Monday - Friday 9 - 5.
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/JONATHAN MILLER/Primary Examiner, Art Unit 1772