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 Objections
Claim 12 is objected to because of the following informalities: line 1 recites “a higher alcohols” which is grammatically incorrect. Appropriate correction is required.
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 1-18 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 single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p) II. Independent claims 1 and 16 and dependent claims 9-12, 14, and 17 all recite that the structural elements perform method steps. For example, claim 1 recites “one or more components that cool and compress” in line 2. The limitations should be amended to recite that these structures are “configured to” or “adapted to” etc perform these functions. Claims 1-15 depend on claim 1 and claims 17 and 18 depend on claim 16. It should be noted that intended usage recitations are only given patentable weight insofar as the structures’ ability to perform the functions. See MPEP 2114 II.
Claim 15 recites the limitation "the higher selectivity" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 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 (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 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, 3-9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foody (US 2018/0112142 A1).
Regarding claim 1, Foody discloses a methane purification system (a system for removing contaminants from methane-containing biogas; figure 3e; paragraphs [0014], [0080]) comprising: one or more components that cool and compress an input methane-containing gaseous mixture stream to form a first methane-containing gaseous mixture stream (biogas feedstock (input) comprising a mixture of CH4 and impurity gases is compressed and cooled; figure 3e; paragraphs [0083], [0140]-[0142]); a filter-separator in fluid communication with the one or more components that receives the first methane-containing gaseous mixture stream removing water therefrom to form a second methane-containing gaseous mixture stream (sending compressed and cooled biogas (first stream) to an H2O removal system 122 to remove water by absorption, adsorption, and filtration thus forming a dehumidified biogas (second stream); figure 3e; paragraphs [0083], [0140]-[0142]); an activated carbon station that receives the second methane-containing gaseous mixture stream removing hydrogen sulfide therefrom to form a third methane-containing gaseous mixture stream (sending dehumidified biogas (second stream) to an H2S removal system 121 comprising an activated carbon thus producing dehumidified desulfurized biogas (third stream); figure 3e; paragraphs [0084], [0140]-[0142]); a methanol scrubber that receives the third methane-containing gaseous mixture stream or an expanded stream therefrom, removing carbon dioxide to form a fourth methane-containing gaseous mixture stream (sending dehumidified desulfurized biogas (third stream) to a CO2 wet scrubbing system 125e comprising methanol (methanol scrubber) to separate CO2 and produce methane rich biogas (fourth stream); figure 3e; paragraphs [0109], [0140]-[0142]); and a final stage separator that produces a purified methane stream from the fourth methane-containing gaseous mixture stream or an expanded stream therefrom (sending methane-rich biogas (fourth stream) to the membrane/PSA separators 127e, 128 to produce upgraded biogas having up to 99% methane; figure 3e; paragraphs [0133], [0140]-[0142]). It should be noted that the initial methane-containing gaseous mixture stream is not positively recited.
Regarding claim 3, Foody discloses the methane purification system of claim 1, and further discloses wherein the final stage separator is a PSA/membrane system (final separation stage includes membrane and PSA separation modules 127e, 128; figure 3e; paragraphs [0093], [0142]).
Regarding claim 4, Foody discloses the methane purification system of claim 1, and further discloses wherein the input methane-containing gaseous mixture stream includes methane and one or more of carbon dioxide, nitrogen, oxygen, water, hydrogen sulfide (biogas feedstock mixture includes CO2, H2S, water vapor, N2, O2; figure 3e; paragraph [0080]), and methanol (optional). It should be noted that the initial methane-containing gaseous mixture stream is not positively recited.
Regarding claim 5, Foody discloses the methane purification system of claim 1, and further discloses wherein the input methane-containing gaseous mixture stream includes a biogas (biogas feedstock; figure 3e; paragraph [0080]). It should be noted that the initial methane-containing gaseous mixture stream is not positively recited.
Regarding claim 6, Foody discloses the methane purification system of claim 1, and further discloses wherein the input methane-containing gaseous mixture stream includes greater than 40 mole percent methane (CH4 content of biogas feedstock is about 35-70 mol.%; paragraph [0080]). It should be noted that the initial methane-containing gaseous mixture stream is not positively recited.
Regarding claim 7, Foody discloses the methane purification system of claim 1, and further discloses wherein the input methane-containing gaseous mixture stream includes 30 to 60 mole percent carbon dioxide (CO2 content of biogas feedstock is about 15-65 mol.%; paragraph [0080]). It should be noted that the initial methane-containing gaseous mixture stream is not positively recited.
Regarding claim 8, Foody discloses the methane purification system of claim 1, and further discloses wherein the filter-separator includes a packed column (a PSA system comprising an absorption vessel packed with absorbents (packed column) removes CO2, N2, O2, H2O, H2S from biogas; paragraphs [0119]-[0120]).
Regarding claim 9, Foody discloses the methane purification system of claim 1, and further discloses wherein the third methane-containing gaseous mixture stream emerging from the activated carbon station flows through expansion valve which drops temperature and pressure prior to being introduced into the methanol scrubber (dehumidified and desulfurized biogas (third stream) exits pretreatment system 122 and enters separation system 125 to remove CO2 using methanol solvent (methanol scrubber), the system 125 having turboexpanders (expansion valves which drops temperature and pressure); figure 2b; paragraphs [0099], [0109], [0140]-[0142], [0224]). It should be noted that the initial methane-containing gaseous mixture stream is not positively recited.
Regarding claim 11, Foody discloses the methane purification system of claim 1, and further discloses wherein a carbon dioxide and methanol stream flows from the methanol scrubber (methanol is used as a CO2 scrubbing solvent in the separation system 125, yielding a stream of separated CO2 and a stream of regenerated methanol; paragraph [0109]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Foody as applied to claim 1 above, and further in view of Zubrin (US 2015/0233634 A1).
Regarding claim 2, Foody discloses the methane purification system of claim 1, and further discloses wherein the final stage separator is an LNG separator (methane-rich biogas (fourth stream) 22 is compressed to provide liquefied natural gas LNG (final stage separator); figure 1b; paragraph [0056]). Foody does not disclose wherein the final stage separator is an LNG separator. Zubrin discloses wherein the final stage separator is an LNG separator (final stages of natural gas separation includes vapor-liquid natural gas phase separator 707 (LNG separator); figure 7b; paragraphs [0063], [0133], [0140]). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to have modified the system, as previously disclosed by Foody, in order to have provided wherein the final stage separator is an LNG separator, as disclosed by Zubrin, so as to separate purified natural gas stream into a methane sales gas stream and a natural gas liquids stream comprised of valuable chemicals (Zubrin; paragraphs [0133], [0136]).
Regarding claim 10, Foody discloses the methane purification system of claim 9, and further discloses wherein the fourth methane-containing gaseous mixture stream flows into a liquified natural gas (LNG) separator (methane-rich biogas (fourth stream) 22 is compressed to provide liquefied natural gas LNG (final stage separator); figure 1b; paragraph [0056]), and turboexpander (the system 100 includes a turboexpander; figure 1b; paragraphs [0062], [0099], [0224]). Foody does not disclose wherein stream flows through a turbo-expander which further drops temperature and pressure prior to flowing into a liquified natural gas (LNG) separator. Zubrin discloses wherein stream flows through a turbo-expander which further drops temperature and pressure prior to flowing into a liquified natural gas (LNG) separator (vapor-liquid methane phase separator 707 separates A flows through a restriction which drops both the temperature and the pressure as the liquid undergoes adiabatic expansion and Joule-Thompson cooling, the output entering a second phase separator B (LNG separator); figures 1, 7b; paragraphs [0063], [0140]). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to have modified the system, as previously disclosed by Foody, in order to have provided wherein stream flows through a turbo-expander which further drops temperature and pressure prior to flowing into a liquified natural gas (LNG) separator, as disclosed by Zubrin, so as to use a simple restriction valve to lower the temperature of the natural gas using adiabatic cooling effect to conduct a liquid-gas separation to recover valuable chemicals (Zubrin; paragraphs [0133], [0136]). It should be noted that the initial methane-containing gaseous mixture stream is not positively recited.
Claims 12-14 and 16-17 lack an inventive step under PCT Article 33(3) as being obvious over Foody in view of Wang (“One-step Reforming of CO2 and CH4 into High-value Liquid Chemicals and Fuels at Room Temperature by Plasma-driven Catalysis”).
Regarding claim 12, Foody discloses the methane purification system of claim 1. Foody does not disclose wherein higher alcohols with higher selectivity are produced. Wang discloses wherein higher alcohols with higher selectivity are produced (ethanol is produced with higher selectivity than methanol; page 13870, figure 3, second column, second paragraph). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to have modified the system, as previously disclosed by Foody, in order to have provided wherein a higher alcohols with higher selectivity are produced, as disclosed by Wang, so as to produce valuable liquid fuels and chemicals, such as ethanol and methanol, in a one-step room-temperature CO2/CH4 reforming process, with the capability of influencing the selectivity by varying the CO2/CH4 reactants ratio (Wang; page 13870, figure 3, second column, second paragraph).
Regarding claim 13, Foody discloses the methane purification system of claim 1. Foody does not disclose a dielectric barrier discharge reactor configured to produce ethanol from CO2. Wang discloses a dielectric barrier discharge reactor configured to produce ethanol from CO2 (producing ethanol using dielectric barrier discharge (DBD); page 13868, first column, third paragraph, figure 1a; page 13870, figure 3; second column, second paragraph). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to have modified the system, as previously disclosed by Foody, in order to have provided comprising a dielectric barrier discharge reactor configured to produce ethanol from CO2, as disclosed by Wang, so as to use plasma reactor to conduct one-step conversion of CO2 and CH4 into oxygenates at room temperature and atmospheric pressure producing valuable chemicals (Wang; page 13870, figure 3, second column, second paragraph).
Regarding claim 16, Foody discloses a methane purification system (a system for removing contaminants from methane-containing biogas; figure 3e; paragraphs [0014], [0080]) comprising: one or more components that cool and compress an input methane-containing gaseous mixture stream to form a first methane-containing gaseous mixture stream (biogas feedstock (input) comprising a gaseous mixture of CH4 and impurity gases is compressed and cooled; figure 3e; paragraphs [0083], [0140]-[0142]); a filter-separator in fluid communication with the one or more components that receives the first methane-containing gaseous mixture stream removing water therefrom to form a second methane-containing gaseous mixture stream (sending compressed and cooled biogas (first stream) to an H2O removal system 122 to remove water by absorption, adsorption, and filtration thus forming a dehumidified biogas (second stream); figure 3e; paragraphs [0083], [0140]-[0142]); an activated carbon station that receives the second methane-containing gaseous mixture stream removing hydrogen sulfide therefrom to form a third methane-containing gaseous mixture stream (sending dehumidified biogas (second stream) to an H2S removal system 121 comprising an activated carbon thus producing dehumidified desulfurized biogas (third stream); figure 3e; paragraphs [0084], [0140]-[0142]); a methanol scrubber that receives the third methane-containing gaseous mixture stream or an expanded stream therefrom, removing carbon dioxide to form a fourth methane-containing gaseous mixture stream (sending dehumidified desulfurized biogas (third stream) to a CO2 wet scrubbing system 125e comprising methanol (methanol scrubber) to separate CO2 and produce methane rich biogas (fourth stream); figure 3e; paragraphs [0109], [0140]-[0142]); and a final stage separator that produces a purified methane stream from the fourth methane-containing gaseous mixture stream or an expanded stream therefrom (sending methane-rich biogas (fourth stream) to membrane/PSA separators 127e, 128 to produce upgraded biogas having up to 99% methane; figure 3e; paragraphs [0133], [0140]-[0142]). Foody does not disclose a dielectric barrier discharge reactor configured to produce ethanol from CO2. Wang discloses a dielectric barrier discharge reactor configured to produce ethanol from CO2 (producing ethanol using dielectric barrier discharge (DBD); page 13868, first column, third paragraph, figure 1a; page 13870, figure 3; second column, second paragraph). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to have modified the system, as previously disclosed by Foody, in order to have provided comprising a dielectric barrier discharge reactor configured to produce ethanol from CO2, as disclosed by Wang, so as to use plasma reactor to conduct one-step conversion of CO2 and CH4 into oxygenates at room temperature and atmospheric pressure producing valuable chemicals (Wang; page 13870, figure 3, second column, second paragraph). It should be noted that the initial methane-containing gaseous mixture stream is not positively recited.
Regarding claims 14 and 17, Foody and Wang, in combination, disclose the methane purification system of claims 13 and 16. Foody does not disclose wherein the dielectric barrier discharge reactor utilizes a mixed metal oxide catalyst to produce alcohol with a higher selectivity towards ethanol than other alcohols. Wang discloses wherein the dielectric barrier discharge reactor utilizes a mixed metal oxide catalyst to produce alcohol with a higher selectivity towards ethanol than other alcohols (ethanol is produced with higher selectivity than methanol when using dielectric barrier discharge plasma in presence of Cu/Al2O3 catalyst (mixed metal oxide); page 13868, figure 1a; first column, third paragraph). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to have modified the system, as previously disclosed by Foody, in order to have provided wherein the dielectric barrier discharge reactor utilizes a mixed metal oxide catalyst to produce alcohol with a higher selectivity towards ethanol than other alcohols, as disclosed by Wang, so as to produce valuable liquid fuels and chemicals, such as ethanol and methanol, in a one-step room-temperature CO2/CH4 reforming process using a dielectric barrier plasma discharge reactor with catalytic mixed metal oxide, wherein the product selectivity depends on the nature of the mixed-metal catalyst (Wang; abstract; page 13868, figure 1a).
Claims 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Foody and Wang as applied to claims 13 and 17 above, respectively, and further in view of Liu (US 2019/0276943 A1).
Regarding claims 15 and 18, Foody and Wang, in combination, disclose the methane purification system of claims 13 and 17. Foody does not disclose wherein the higher selectivity towards ethanol varies from 50-100% depending on the input methane-containing gaseous mixture stream and catalyst recipe. Wang discloses wherein the higher selectivity towards ethanol varies depending on the input methane-containing gaseous mixture stream and catalyst recipe (ethanol is produced with higher selectivity than methanol in presence of Cu/Al2O3 catalyst and when CH4/CO2 molar ratio is 3:1 to 2:1; page 13868, figure 1a; first column, third paragraph; page 13870, figure 3). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to have modified the system, as previously disclosed by Foody, in order to have provided wherein the higher selectivity towards ethanol varies depending on the input methane-containing gaseous mixture stream and catalyst recipe, as disclosed by Wang, so as to produce valuable liquid fuels and chemicals, such as ethanol, in a one-step room-temperature CO2/CH4 reforming process, wherein the product selectivity depends on the nature of the metal oxide catalyst and the ratio of the CH4/CO2 reactants, and, thus, could be easily varied (Wang; abstract; page 13868, figure 1a; page 13870, figure 3). Liu discloses wherein the higher selectivity towards ethanol varies from 50-100% (catalytic selectivity in converting carbon dioxide to ethanol is at least 95%; paragraph [0010]: claim 13). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to have modified the system, as previously disclosed by Foody, in order to have provided wherein the higher selectivity towards ethanol varies from 50-100%, as disclosed by Liu, so as to use a metal-based catalyst system for carbon dioxide conversion that is highly selective in producing ethanol (Liu; paragraphs [0010]-[0012]; claim 13). Where Foody discloses separating carbon dioxide and methane streams (Foody; figure 3e; paragraphs [0109], [0140]-[0142]), where Wang discloses wherein the higher selectivity towards ethanol varies depending on the input methane-containing gaseous mixture stream and catalyst recipe (Wang; page 13868, figure 1a; first column, third paragraph; page 13870, figure 3), and where Liu discloses wherein the higher selectivity towards ethanol varies from 50-100% (Liu; paragraph [0010]; claim 13), the modification of providing wherein the higher selectivity-towards ethanol varies from 50-100% depending on the input methane-containing gaseous mixture stream and catalyst recipe would have been obvious to one of ordinary skill in the art at the time of the invention, provided the previous disclosures of Foody, Wang, and Liu so as to use CH4/CO2 output streams of the biogas purification and separation system as an Input in the DBD reactor to produce oxygenates like ethanol, wherein the selectivity can be tuned by choice of the catalyst and/or reactants ratio.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. While the Office has utilized art and the rejections of the International Search Report provided by Applicant on 4/12/24 (dated 2/3/23) since are thorough and correct, it has also found additional prior art. Applicant is recommended to peruse the additional prior art, as well, as many of the references disclose features of the instant claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725
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