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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/30/2025 has been entered.
Claim Objections
Claims 1-6, 8-13, 15 are objected to because of the following informalities:
Claim 1, last “postburner” has been amended “post[[-]]burner” to be without a space between post and burner, whereas earlier in the claim there is a space. See also claim 10, 2nd ^& 4th paragraphs from the end for analogous issues.
claim 10, 3rd paragraph from the end “processing the the” does not make grammatical sense. 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.
Claims 1-6, 8-13, 15 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.
Claim 1, 4th paragraph, “from the gas turbine engine back to the into inlet of the gas turbine engine” is unclear.
Claim 9 is indefinite as it does not depend on another claim.
Claim 10 “splitting flue gas from the heat recovery steam generator into a first stream and a second stream via a pair of lines comprising a first line coupling the stack to a carbon dioxide capture unit and a second line coupling the stack to the heat recovery steam generator; recycling the first stream of the flue gas for use at the post[[-]]burner; processing the the second stream of the flue gas in a carbon dioxide capture unit and removing carbon dioxide from the flue gas;”
is unclear. Note the first stream, second stream, first line and second line are unclear as to which [first or second] stream is associated with which line [first or second]. “a first line coupling the stack to a carbon dioxide capture unit” would appear to require line 29 since line 33 does not meet that requirement. Also second line coupling the stack 25 to the heat recovery steam generator 11 would require the second line to be upstream of the stack and not downstream of the stack 25 and thus does not read on line 33. Furthermore, the first stream is not clear whether this is line 29 or 33 and the second stream is not clear whether this is 33 or 29. Similarly it is unclear if first stream corresponds to the first line and if the second stream corresponds to the second line.
Claim 15 “The method of one or more of claims” 10 is unclear.
Claim 15 “the gaseous stream containing carbon dioxide” is unclear as it lacks proper antecedent basis and it is not clear which of the amended streams of claim 10 are referenced.
Claim 15 “the step” lacks proper antecedent basis.
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.
Note the following abbreviations may be used in the treatment of the claims: carbon dioxide (CO2), heat recovery steam generator (HRSG).
Claim(s) 1-5, 8-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al (2007/0034704) in view of Chillar et al (2009/0107141) and Van Der Walt et al (2022/0249974) and Anderson (2012/0312018) and optionally in view of Earnest et al (4133171). Hu et al teach (1) A gas turbine system, comprising: a gas turbine engine 5 having an inlet and an exhaust; fuel lines comprising a first fuel line F and a second fuel line F, the first fuel line F coupled to the gas turbine 5 to feed fuel to the gas turbine engine; a flue gas duct 210 coupled to the exhaust of the gas turbine engine; a heat recovery steam generator 50 coupled to the flue gas duct 210 to receive flue gas exhausted from the gas turbine engine, the heat recovery steam generator 50 comprising a post burner 50a and a stack, the post burner 50a coupled to the second fuel line F to receive feed fuel therefrom; a second recycle line 210r coupled to the stack 70, the second recycle line comprising a first branch 210r and a second branch [above 245], the first branch 210r coupled to the post burner 50a and adapted to recycle flue gas exhausted from the heat recovery steam generator 50 via the stack to the post burner 50a; a line from the stack via the second branch [above 245], (2) a bottom thermodynamic cycle 20 including a steam turbine [not shown, end of paragraph 0021] adapted to expand steam S generated by the heat recovery steam generator 50 and to produce mechanical power therefrom. (3) an electric generator drivingly coupled to the steam turbine [not shown, paragraph 0021]. (4) an electric generator 215 drivingly coupled to the gas turbine engine. (10) A method for generating power with a gas turbine system, the method comprising the following steps: feeding fuel F to a gas turbine engine and to a post burner 50a of a heat recovery steam generator 50 ; streaming flue gas exhausted from the gas turbine engine through the heat recovery steam generator 50; generating steam in the heat recovery steam generator 50; splitting flue gas from the heat recovery steam generator 50 into a first stream [210r] and a second stream [above 245] via a pair of lines comprising a first line [above 245] coupling the stack and a second line 210r coupling the stack to the heat recovery steam generator 50; recycling the first [???] stream 210r of the flue gas for use at the post burner 50a; . (11) generating mechanical power in a bottom thermodynamic cycle including a steam turbine [not shown, end of paragraph 0021] using the steam S generated by the heat recovery steam generator 50. (12) converting the mechanical power generated by the steam turbine into electric power [not shown, end of paragraph 0021]; (13) converting mechanical power generated by the gas turbine engine into electric power 215. Hu et al do not teach (1) … a first recycle line coupled to the flue gas duct and to the inlet of the gas turbine engine, the first recycle line directing flue gas exhausted directly from the gas turbine engine back to the into inlet of the gas turbine engine nor (10) directing a portion of the flue gas directly from the gas turbine engine back into the gas turbine engine; nor (8) a cooler disposed on the first recycle line; (9) a flow treatment unit disposed on the first recycle line. . Chillar et al [Fig. 1] teach (1) … a first recycle line 165 coupled to the flue gas duct 145 and to the inlet 110 of the gas turbine engine 100, the first recycle line 165 directing flue gas exhausted directly from the gas turbine engine back to the into inlet [110] of the gas turbine engine and 10) directing a portion of the flue gas 165 directly from the gas turbine engine 100 back into the gas turbine engine. Chillar et al also teach (8) a cooler 170 [¶ 0026 teaches cooling] disposed on the first recycle line 165; (9) a flow treatment unit 170 [¶ 0026 teaches scrubbing contaminants] disposed on the first recycle line 165. Chillar et al teach the recycling reduces emissions [¶ 0003] and with treatment prevents corrosion and fouling of components [which removes e.g. acids and other corrosives, paragraph 0004]. It would have been obvious to one of ordinary skill in the art to employ (1) … a first recycle line coupled to the flue gas duct and to the inlet of the gas turbine engine, the first recycle line directing flue gas exhausted directly from the gas turbine engine back to the into inlet of the gas turbine engine (10) directing a portion of the flue gas directly from the gas turbine engine back into the gas turbine engine; (8) a cooler disposed on the first recycle line; (9) a flow treatment unit disposed on the first recycle line, as taught by Chillar, as the first recycle stream reduces emissions [¶ 0003] and with treatment prevents corrosion and fouling of components [which removes e.g. acids and other corrosives, paragraph 0004]. Alternately, Earnest et al teach (1) … a first recycle line coupled to the flue gas duct [from 70] and to the inlet [“inlet”] of the gas turbine engine, the first recycle line 22 [e.g. Fig. 4 or 5] directing flue gas exhausted directly from the gas turbine engine back to the into inlet of the gas turbine engine (10) directing a portion of the flue gas 22 directly from the gas turbine engine back into [“inlet”] the gas turbine engine; and (8) a cooler 64 [Fig. 5] disposed on the first recycle line; (9) a flow treatment unit [broadly 64 does flow treatment] disposed on the first recycle line. Earnest et al teach the system, including the first recycle line / directing a portion of the flue gas directly from the gas turbine engine back into the gas turbine engine, enhances the engine efficiency [col. 1, lines 7-18]. It would have been obvious to one of ordinary skill in the art to employ (1) … a first recycle line coupled to the flue gas duct and to the inlet of the gas turbine engine, the first recycle line directing flue gas exhausted directly from the gas turbine engine back to the into inlet of the gas turbine engine (10) directing a portion of the flue gas directly from the gas turbine engine back into the gas turbine engine; (8) a cooler disposed on the first recycle line; (9) a flow treatment unit disposed on the first recycle line, as taught by Earnest et al, as the first recycle line / directing a portion of the flue gas directly from the gas turbine engine back into the gas turbine engine, enhances the engine efficiency [col. 1, lines 7-18]. Hu et al do not teach (1) a carbon dioxide capture unit fluidly coupled to the stack via the second branch, the carbon dioxide capture unit adapted to capture carbon dioxide from flue gas exhausted from the heat recovery steam generator 50 via the stack; and a third recycle line coupled with the carbon dioxide capture unit, the third recycle line adapted to recycle a gaseous stream containing carbon dioxide from the carbon dioxide capture unity wherein the gaseous stream mixes with fuel in the first fuel line and the second fuel line for use in the gas turbine engine and the post burner, respectively nor (10) coupling the stack to a carbon dioxide capture unit, … processing the the second stream of the flue gas in a carbon dioxide capture unit and removing carbon dioxide from the flue gas; and recycling a third stream from the carbon dioxide capture unit for use at both the gas turbine engine and the postburner, wherein the third stream is mixed with the fuel that is burned in the gas turbine engine and the post burner. Van Der Walt et al teach
(1) a carbon dioxide capture unit 126 fluidly coupled to the stack [124 “to Atmosphere”] via the second branch [above 245], the carbon dioxide capture unit 126 adapted to capture carbon dioxide from flue gas exhausted from the heat recovery steam generator 124 via the stack [124 “to Atmosphere”]; and a third recycle line [annotated CO2] coupled with the carbon dioxide capture unit 126, the third recycle line adapted to recycle a gaseous stream containing carbon dioxide from the carbon dioxide capture unit 126; wherein the gaseous CO2 stream mixes 118 with fuel in the first fuel line [118 o 122] and for use in the gas turbine engine , respectively and (10) coupling the stack [124 “to Atmosphere”] to a carbon dioxide capture unit 126, … processing the the second stream of the flue gas in a carbon dioxide capture unit 126 and removing carbon dioxide from the flue gas; and recycling a third stream [annotated CO2] from the carbon dioxide capture unit 126 for use at both the gas turbine engine 122 , wherein the third stream [CO2] is mixed with the fuel [118 to 122] that is burned in the gas turbine engine . Anderson is cited to teach carbon dioxide 128 diverted through the carbon dioxide diverting line 128 is blended in the fuel 127 to the post burner as well as CO2 123 may also be blended into the first fuel line 122 to the gas turbine. Further note that both gas turbine combustor 125 and post burner 135 may operate on the same fuel and diluent [CO2 / recycled flue gas, ¶ 0015, 0020, 0025]. Anderson teaches that using diluent CO2 blended with the fuel is equivalent to omitting the diluent CO2 [e.g. ¶ 0015]. It would have been obvious to one of ordinary skill in the art to employ (1) a carbon dioxide capture unit fluidly coupled to the stack via the second branch, the carbon dioxide capture unit adapted to capture carbon dioxide from flue gas exhausted from the heat recovery steam generator via the stack; and a third recycle line coupled with the carbon dioxide capture unit, the third recycle line adapted to recycle a gaseous stream containing carbon dioxide from the carbon dioxide capture unity wherein the gaseous stream mixes with fuel in the first fuel line and the second fuel line for use in the gas turbine engine, respectively (10) coupling the stack to a carbon dioxide capture unit, … processing the the second stream of the flue gas in a carbon dioxide capture unit and removing carbon dioxide from the flue gas; and recycling a third stream from the carbon dioxide capture unit for use at both the gas turbine engine, wherein the third stream is mixed with the fuel that is burned in the gas turbine engine, in the manner taught by Van der Walt et al, in order to capture CO2 from the exhaust line / stack of Hu et al and return it to the system by blending CO2 with the fuel in manner that reduces the greenhouse emissions and allows for CO2 recovery. It would have been obvious to one of ordinary skill in the art to have the third recycle line adapted to recycle a gaseous stream containing carbon dioxide from the carbon dioxide capture unity wherein the gaseous stream mixes with fuel in the first fuel line and the second fuel line for use in the gas turbine engine and the post burner, respectively, and to be recycling a third stream from the carbon dioxide capture unit for use at both the gas turbine engine and the postburner, wherein the third stream is mixed with the fuel that is burned in the gas turbine engine and the post burner, as taught by Anderson, where Anderson teaches mixing CO2 diluent with the fuel and directing recycling it to the post burner in addition to the fuel of the gas turbine, in order to utilize CO2 with the fuel to control the calorific output of the fuel, noting that Anderson teaches that using diluent CO2 blended with the fuel is equivalent to omitting the diluent CO2 [e.g. ¶ 0015] and thus is an equivalent fuel utilized in the art for the post burner and combustor.
Hu et al do not teach (5) a carbon dioxide discharge duct coupled to the carbon dioxide discharge unit and to the third recycle line and a fuel treatment skid fluidly coupled to the first fuel line and the second fuel line, wherein, in use, carbon dioxide diverted through the third recycle line is blended in the fuel treatment skid and distributed, via the first fuel line and the second fuel line, to the gas turbine engine and the post burner. Van Der Walt et al teach (5) a carbon dioxide discharge duct [line between 126 and 130] coupled to the carbon dioxide discharge unit 126 and to the third recycle line CO2 and a fuel treatment skid 118 fluidly coupled to the first fuel line [for 122], wherein, in use, carbon dioxide diverted through the third recycle line is blended in the fuel treatment skid and distributed, via the first fuel line , to the gas turbine engine . It would have been obvious to one of ordinary skill in the art to employ (5) a carbon dioxide discharge duct coupled to the carbon dioxide discharge unit and to the third recycle line and a fuel treatment skid fluidly coupled to the first fuel line, wherein, in use, carbon dioxide diverted through the third recycle line is blended in the fuel treatment skid and distributed, via the first fuel line, to the gas turbine engine, as taught by Van Der Walt, as using a fuel treatment skid to blend the fuel prior to use in the gas turbine is well known in the art. It would have been obvious to one of ordinary skill in the art to employ the blended fuel from the skid in both the first fuel line and post-burner, via the first and second fuel lines, as a convenient source of diluent and blended fuel that Anderson teaches is used in both the first fuel line and second fuel line for the respective gas turbine engine and post burner.
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Claim(s) 6, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al (2007/0034704) in view of Chillar et al (2009/0107141) and Van Der Walt et al (2022/0249974) and Anderson (2012/0312018) and optionally in view of Earnest et al (4133171), as applied above, and further in view of Kulkarni et al (2013/0145773). Hu et al do not teach (6) a chilled flue gas recycling line fluidly coupled to the carbon dioxide capture unit and to the gas turbine engine, wherein, in use, the chilled flue gas recycling line diverts an amount of chilled flue gas from the carbon dioxide capture unit to the gas turbine engine nor (15) wherein the step of recycling the gaseous stream containing carbon dioxide comprises the step of diverting flue gas chilled in the carbon dioxide capture unit to a suction side of the gas turbine engine. Kulkarni et al teach (6) wherein the carbon dioxide return line comprises a chilled flue gas recycling line 68 fluidly coupled to the carbon dioxide capture unit and to [an air compressor 14] of the gas turbine engine 12; in use the chilled flue gas recycling line 68 diverting an amount of chilled flue gas from the carbon dioxide capture unit 62 to the air compressor 14 of the gas turbine engine and (15) wherein the step of recycling the gaseous stream containing carbon dioxide comprises the step of diverting flue gas 68 chilled in the carbon dioxide capture unit 62 to a suction side 14 of the gas turbine engine. Kulkarni et al teach this reduces emissions, including of CO2 and NOx. It would have been obvious to one of ordinary skill in the art to be using (6) a chilled flue gas recycling line fluidly coupled to the carbon dioxide capture unit and to the gas turbine engine, wherein, in use, the chilled flue gas recycling line diverts an amount of chilled flue gas from the carbon dioxide capture unit to the gas turbine engine; (15) wherein the step of recycling the gaseous stream containing carbon dioxide comprises the step of diverting flue gas chilled in the carbon dioxide capture unit to a suction side of the gas turbine engine, as taught by Kulkarni et al, in order to further reduce emissions.
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive.
Applicant’s arguments are directed to the amended limitations including "a first recycle line coupled to the flue gas duct and to the inlet of the gas turbine engine, the first recycle line directing flue gas exhausted directly from the gas turbine engine back to the into inlet of the gas turbine engine." This is taught by Chillar et al and also optionally by Earnest et al, as applied above. Accordingly, applicant’s arguments fail to persuade.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to TED KIM whose telephone number is 571-272-4829. The Examiner can be reached on regular business hours before 5:00 pm, Monday to Thursday and every other Friday.
The fax number for the organization where this application is assigned is 571-273-8300.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer, can be reached at 571-272-7118 Alternate inquiries to Technology Center 3700 can be made via 571-272-3700.
Information regarding the status of an application may be obtained from Patent Center https://www.uspto.gov/patents/apply/patent-center. Should you have questions on Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). General inquiries can also be directed to the Inventors Assistance Center whose telephone number is 800-786-9199. Furthermore, a variety of online resources are available at https://www.uspto.gov/patent
/Ted Kim/
Telephone
571-272-4829
Primary Examiner
Fax
571-273-8300
June 10, 2026
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