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
Claim 4 recites the limitation, “said additional heat exchanger is made with a high grade material.” Whether or not a prior art’s material is considered as “high grade” is being interpreted consistent with para. 22 of the Applicant’s PGPUB, which states, “the heat damper being made in high grade material (high Chromium Steel, Ni alloy, etc.)”. In particular, this portion of the specification is being interpreted as providing a standard for ascertaining the requisite degree, and one of ordinary skill in the art would be reasonably apprised of the scope of the invention. See also para. 11.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 6-8 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US 20080289313 A1 to Batscha.
Regarding claim 1. Batscha teaches a waste heat recovery unit (fig. 1) comprising a main heat exchanger configured to exchange heat between a hot exhaust fluid stream from a heat source and a working fluid stream of a waste heat recovery system (super heater SH 24, which exchanges heat between the exhaust gas and the organic motive fluid vapor, see para. 37),
wherein the waste heat recovery unit comprises an additional heat exchanger (vaporizer BLR 25) arranged upstream said main heat exchanger (in fig. 1, the BLR 25 can be seen upstream from the SH 24 in the exhaust gas flow direction), the additional heat exchanger being configured to exchange heat between the hot exhaust fluid stream and a cooling fluid stream (para. 27, “The preheated motive fluid flows to boiler (BLR) coils 25 of WHVG 20 where organic motive fluid vapor is produced.”).
PNG
media_image1.png
469
736
media_image1.png
Greyscale
Alternatively, Regarding claim 1. Batscha teaches a waste heat recovery unit (fig. 2) comprising a main heat exchanger configured to exchange heat between a hot exhaust fluid stream from a heat source and a working fluid stream of a waste heat recovery system (super heater SH 24A, which exchanges heat between the exhaust gas and the organic motive fluid vapor, see end of para. 32),
wherein the waste heat recovery unit comprises an additional heat exchanger (vaporizer BLR 25A) arranged upstream said main heat exchanger (in fig. 2, the BLR 25A can be seen upstream from the SH 24A in the exhaust gas flow direction), the additional heat exchanger being configured to exchange heat between the hot exhaust fluid stream and a cooling fluid stream (para. 32, “The preheated motive fluid flows to boiler (BLR) or vaporizer 25A of WHVG 20A”).
=
PNG
media_image2.png
492
765
media_image2.png
Greyscale
Regarding claim 3. Batscha teaches the waste heat recovery unit according to claim 1, wherein a diverter is arranged upstream said additional heat exchanger (bypass valve 26 or 26A, figs. 1-2), the diverter being configured to control the amount of the hot exhaust fluid stream directed to said main heat exchanger and to a bypass duct (para. 39).
Regarding claim 6. Batscha teaches the waste heat recovery unit according to claim 1, wherein the waste heat recovery unit comprises (fig. 1)
a working fluid feed line (63),
a bypass stream line (64) connected at a first end to the working fluid feed line (where 64 connects to 63) and at a second end to the additional heat exchanger (where 64 connects to BLR 25) and
a main stream line (65) connected at a first end to the working fluid feed line (where 65 connects to 63) and at a second end to a first end of a main heat exchanger feed line (where 65 connects to the line leading to SH 24);
the waste heat recovery unit additionally comprising a preheated working fluid line (41) connected at one end to a working fluid exit of the additional heat exchanger (where exit of BLR 25 leads into 41) and at a second end to the first end of the main heat exchanger feed line (41 ultimately leads to SH 24 via separator 44),
the second end of the main heat exchanger feed line being connected to the main heat exchanger (the line leading to SH 24 is connected at the first end to line 65 and at the second end to SH 24).
PNG
media_image3.png
681
811
media_image3.png
Greyscale
Regarding claim 7. Batscha teaches the waste heat recovery unit according to claim 6 (fig. 1), wherein a separator (separator 44) is arranged downstream the preheated working fluid line (separator 44 is downstream of at least part of the line 41) and upstream the main heat exchanger feed line (separator 44 is upstream of the point where 65 connects to the line leading to SH 24).
Regarding claim 8. Batscha teaches the waste heat recovery unit according to claim 7, wherein a vapor stream line is connected at a first end with an upper portion of the separator (line coming from top of separator 44) and at a second end with the first end of the main heat exchanger feed line (line coming from top of separator 44 extends to the point where 65 connects to the line leading to SH 24) and
wherein a liquid stream line is connected with a lower portion of the separator (43).
Claim(s) 1, 10-11 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US 20050229595 A1 to Hoetger.
Regarding claim 1. Hoetger teaches a waste heat recovery unit (fig. 1) comprising a main heat exchanger (first HX 7) configured to exchange heat between a hot exhaust fluid stream (exhaust gas line 28) from a heat source (internal combustion engine 10) and a working fluid stream of a waste heat recovery system (para. 17, “The thermodynamic engine 1 essentially comprises two separate Rankine circuits, a closed low-temperature circuit 6 and a closed high-temperature circuit 3.” Where 6 passes through HX 7),
wherein the waste heat recovery unit comprises an additional heat exchanger (second HX 4) arranged upstream said main heat exchanger (see fig. 1), the additional heat exchanger being configured to exchange heat between the hot exhaust fluid stream (exhaust gas line 28) and a cooling fluid stream (para. 19, “From there, the second working medium is further transported into a second heat exchanger 4 in which the second working medium is evaporated.”).
PNG
media_image4.png
827
859
media_image4.png
Greyscale
Regarding claim 10. Hoetger teaches the waste heat recovery unit according to claim 1, wherein the waste heat recovery unit comprises
a cooling fluid feed line connected at a first end to a service cooling fluid circuit and at a second end to the inlet of the additional heat exchanger (part of line 3 being the inlet of the second HX 4) and
a cooling fluid outlet line connected at a first end to the outlet of the additional heat exchanger and at a second end to the service cooling fluid circuit (part of line 3 being the outlet of the second HX 4), and
wherein the waste heat recovery unit comprises a working fluid feed line connected to the main heat exchanger (part of line 6 being the inlet of the first HX 7).
Regarding claim 11. Hoetger teaches the waste heat recovery unit according to claim 10, wherein a heat exchanger (collection chamber 12) is configured to exchange heat (as noted below, the vaporous fluid stream of the line 3 would be understood to exchange heat with the liquid line of 6) between the cooling fluid downstream the additional heat exchanger (see dotted line of 3 going from top to bottom of the chamber 12 and then ultimately flowing to condenser 18) and the working fluid upstream the main heat exchanger (see solid line of 6 going from right to left of the chamber 12 from pump 17).
Claim(s) 1, 12 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US 20190010830 A1 to Magee.
Regarding claim 1. Magee teaches a waste heat recovery unit (fig. 1) comprising a main heat exchanger (evaporator section 16) configured to exchange heat between a hot exhaust fluid stream from a heat source and a working fluid stream of a waste heat recovery system (para. 22, “In combined cycle systems such as system 10, hot exhaust (e.g., the exhaust gas 20) may flow from the gas turbine 24 and pass through the HRSG 12 to generate high-pressure, high-temperature steam, such as superheated steam. The steam produced by the HRSG 12 may then be passed through the steam turbine 46 for power generation.” Where the water could be considered as a working fluid stream),
wherein the waste heat recovery unit comprises an additional heat exchanger (economizer section 14) arranged upstream said main heat exchanger (see fig. 1), the additional heat exchanger being configured to exchange heat between the hot exhaust fluid stream and a cooling fluid stream (see para. 22, cited above, where the water could also be considered a cooling fluid stream, per se).
PNG
media_image5.png
509
688
media_image5.png
Greyscale
Regarding claim 12. Magee teaches the waste heat recovery unit according to claim 1, wherein said waste heat recovery unit is a once through heat recovery steam generator (paras. 17-18).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Batscha as applied to claim 1 above, and further in view of DE 102017006171 A1 to Kardos.
Note: Reference is made to the attached translation of Kardos.
Regarding claim 2. Batscha teaches the waste heat recovery unit according to claim 1, wherein a diverter (fig. 2, bypass valve 26A) is arranged and configured to control the amount of the hot exhaust fluid stream directed to said main heat exchanger and to a bypass duct (para. 39).
But fails to explicitly teach the diverter is arranged downstream said additional heat exchanger.
Kardos teaches a diverter arranged downstream of a heat exchanger (fig. 1, valve 24 downstream of heat exchanger 20).
PNG
media_image6.png
847
783
media_image6.png
Greyscale
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Batscha to implement suitable valves, at least 24, as taught by Kardos. This would provide the predictable result and benefit of suitably passing a desired amount of exhaust gas through bypass 3a, as suggested by Kardos in the last paragraph of p. 5 and through the second paragraph of p. 6.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Batscha as applied to claim 1 above, and further in view of the attached NPL to Patterson Kelley, Benefits of Stainless Steel Commercial Boilers, posted 11/29/2018.
Regarding claim 4. Batscha teaches the waste heat recovery unit according to claim 1,
But fails to explicitly teach wherein said additional heat exchanger is made with a high grade material (consistent with the claim interpretation section above).
It is known in the art to configure a heat exchanger by using a high grade material (“Why choose a stainless steel boiler?, Corrosion and Oxidation Resistance, Stainless steel belongs to a large family of alloys which vary to accommodate different system characteristics. In a heat exchanger application, chromium is the key component in stainless steel. Chromium gives stainless steel corrosion resistant properties, but the performance and quality often depend on its grade. Patterson-Kelley uses both 304 and 316 grade stainless steel in its commercial boiler application because of its resistance to pitting and crevice corrosion in chloride environments. Stainless steel also has minimal reactions to contaminants in water systems and like all metals has a pH tolerance level. Oxygen entrained in fresh water makeup must be reduced to avoid O2 corrosion with any ferrous metal. Stainless steel can also withstand corrosion from flue gas condensate with respect to its pH and air quality requirements.”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange the heat exchangers of Batscha with a suitable stainless steel, as taught by Patterson Kelley. This would provide the predictable result and benefit of providing corrosion and oxidation resistance, as suggested by Patterson Kelley in the portion cited above.
See also MPEP 2144.07, which states, “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination …”
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Batscha as applied to claim 1 above, and further in view of JP 2012057860 A to Goshima.
Note: Reference is made to the attached translation of Goshima.
Regarding claim 5. Batscha teaches the waste heat recovery unit according to claim 1, wherein said additional heat exchanger (fig. 1, BLR 25) is configured as a portion of the waste heat recovery unit (see fig. 1).
But fails to explicitly teach configured as a removable portion.
Goshima teaches a heat exchanger as a removable portion (p. 8 para. 3, “However, since the dry / condensation economizer 35 is detachable, corrosion and scale can be removed. When adhesion or the like occurs, only the dry / condensation economizer 35 can be removed and repaired or replaced.”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Batscha to implement removable heat exchangers. This would provide the predictable result and benefit of allowing for easier repair and/or replacement, as suggested by Goshima in the portion cited above.
Additionally, it is obvious to make elements separable, see MPEP 2144.04 V. C; it would have been obvious to make the additional heat exchanger of Batscha removable, at least for the reasons described above.
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9. Batscha, applied to claim 6, represents the closest prior art of record to the claimed invention. The prior art fails to teach, “a temperature sensor arranged along the main heat exchanger feed line”, in addition to the rest of the claim.
Instead, the main heat exchanger feed line extends from the main stream line to the main heat exchanger, see claim 6, “a main stream line connected … at a second end to a first end of a main heat exchanger feed line” and “the second end of the main heat exchanger feed line being connected to the main heat exchanger”. Therefore, the claimed temperature sensor arranged along the main heat exchanger feed line would be upstream of the main heat exchanger, based on the structural features found in claim 6.
Therefore, while Batscha teaches the main stream line (65) comprising a valve connected to a temperature sensor (de-superheating control valve 71 connected to temperature sensor 72), it would not have been obvious to one of ordinary skill in the art to arrange the temperature sensor 72 upstream of the SH 24, as claimed, based on the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kurt J Wolford whose telephone number is (571)272-9945. The examiner can normally be reached 7:30 AM - 4:00 PM.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G Hoang can be reached at (571)272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KURT J WOLFORD/Examiner, Art Unit 3762
/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762
