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 claimed "blue ammonia unit" is interpreted as a unit that produced ammonia from natural gas while also capturing and storing carbon dioxide (CO2) emissions generated during the production process (to reduce related emissions)-see Specification [0040].
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 1-7, 9-15, 17-21 and 23-24 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 is indefinite because the claim recites the limitation “configured” but the claim nor the instant specification give any guidance on the configuration or how “the blue ammonia unit” or the “first conduit” are configured. For this reason, the claim is indefinite.
Claim 2 is indefinite because the claim recites the limitation “hydrogen-rich” but the claim nor the instant specification give any guidance on what constitutes “hydrogen-rich”.
Claims 3-7, 9-13 and 15 are indefinite for the same reason discussed above for claim 1.
Claim 4 is further indefinite because the claim recites the limitation “hydrogen-rich” and “methane-rich” but the claim nor the instant specification give any guidance on what constitutes “hydrogen-rich”, nor “methane-rich”.
Claims 5-6 are further indefinite because the claims recite the limitation “methane-rich” but the claim nor the instant specification give any guidance on what constitutes “methane-rich”.
Claims 10-13 are further indefinite for the same reason discussed above for claim 2.
Claims 14, 18-21 and 23-24 are indefinite for the same reason discussed above for claim 2.
Claim 17 is indefinite for the same reason discussed above for claims 5-6.
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.
Claims 1-24 are rejected under 35 U.S.C. 103 as being unpatentable over Zellhuber et al., International Publication No. WO/2022/189422 (hereinafter referred to as Zellhuber) in view of Russell, US Patent Application Publication No. 2023/0174375 (hereinafter referred to as Russell).
Regarding claims 1-3, Zellhuber discloses a system comprising: a steam cracking unit comprising a cracking furnace (see Abstract - "A method of steam cracking using a steam cracking using a steam cracking system (100) including a first steam cracking furnace unit"), an ammonia unit in fluid communication with the steam cracking unit, the ammonia unit configured to generate a hydrogen gas containing stream (Page 27/L. 15-21), which each may be part of the system or arrangement (according to the present Invention) to supply at least temporarily needed additional fuel gas to the first steam cracking furnace unit (Page 35/L. 17-22 - "Hydrogen streams 4004 may, in the example shown, be provided by an ammonia decomposition unit 4300 and/or an electrolyzer unit 4400 to which ammonia and water are supplied"), a first conduit configured to direct the hydrogen gas containing stream to the steam cracking unit to be used as fuel (Page 27/L. 15-21 - "the present invention may additionally include that a hydrogen-rich fuel gas is at least temporarily released from an electrolysis unit, an ammonia decomposition unit and/or a hydrogen storage unit (which each may be part of the system or arrangement according to the present invention) to supply at least temporarily needed additional fuel gas to the first steam cracking furnace unit" (Page 35/L. 17-22 - "Hydrogen streams 4004 may, in the example shown, be provided by an ammonia decomposition unit 4300 and/or an alectrolyzer unit 4400 to which ammonia and water are supplied").
See Figure 2, line 4004 stream; it is reasonable to assume a conduit is used to transfer the stream in 4004 - but does not teach the ammonia unit as a blue ammonia unit as recited in claim 1.
Russell discloses an invention relating to ammonia decomposition, wherein blue ammonia units are used to generate hydrogen streams (see Abstract - "Methods for producing hydrogen from ammonia are described, the effluent stream from the ammonia cracking reaction zone is sent to the first hydrogen PSA unit The high-pressure hydrogen stream can be recovered" and Para. [0002] - "Ammonia can be used as a liquid hydrogen carrier with the existing transportation infrastructure. If the carbon dioxide by-product from a fossil-fuel based ammonia production process is recovered and sequestered (Blue Ammonia), the resulting hydrogen has a low carbon footprint. At the point of use, the Blue Ammonia is cracked at high temperature into H2 and N2", and Para. [0026], "Heat is Input Into the ammonia cracking reaction zone 110 using a heat source 115. The effluent stream 120 from the ammonia cracking reaction zone 110 comprises a mixture of H2 and N2, and it is typically at a temperature in the range of 700 to 1000° C"). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine these references and incorporate said blue ammonia unit as the ammonia decomposition unit in Zellhuber by routine experimentation to optimize producing the hydrogen in Zellhuber (see Zellhuber Page 27/L. 15-21 - "the present invention may additionally include that a hydrogen-rich fuel gas is at least temporarily released from an ammonia decomposition unit").
Regarding claims 4-9, Zellhuber/Russell disclose all the limitations discussed above and Zellhuber further discloses the steam cracking unit further comprising a recovery system configured to receive an effluent cracked gas from the cracking furnace and separate from the effluent cracked gas at least a hydrogen-rich gas stream and a methane-rich gas stream (Zellhuber Page 35/L. 24-26 - "In a hydrogen separation unit 4700, a light gas mixture from the demethanizer unit 3700 is treated, providing a hydrogen stream 4004 and a remaining methane fraction 4008").
Regarding claims 10-15, Zellhuber/Russell disclose all the limitations discussed above, but does not explicitly teach the steam cracking unit further comprising a recycle line configured to direct the hydrogen-rich gas stream from the recovery system to the cracking furnace to be used as fuel. However, it would have been obvious to one of ordinary skill in the art to recycle via a line configured to direct the hydrogen-rich gas stream from the recovery system to the cracking furnace to be used as fuel by routine experimentation because Zellhuber generated hydrogen gas can be reused after storage in the cracking unit (Page 27/L. 15-21 - "the present Invention may additionally include that a hydrogen- rich fuel gas is at least temporarily released from an ammonia decomposition unit and/or a hydrogen storage unit (which each may be part of the system or arrangement according to the present Invention) to supply at least temporarily needed additional fuel gas to the first steam cracking furnace unit").
Regarding claims 16-17, Zellhuber/Russell disclose all the limitations discussed above and Zellhuber further discloses a process comprising: generating a hydrogen gas containing stream in an ammonia unit (Page 27/L. 15-21 - "the present invention may additionally include that a hydrogen-rich fuel gas is at least temporarily released from an electrolysis unit, an ammonia decomposition unit and/or a hydrogen storage unit (which each may be part of the system or arrangement according to the present invention) to supply at least temporarily needed additional fuel gas to the first steam cracking furnace unit" and Page 35/L. 17-22 - "Hydrogen streams 4004 may, in the example shown, be provided by an ammonia decomposition unit 4300 and/or an electrolyzer unit 4400 to which ammonia and water are supplied"); and directed the hydrogen gas containing stream to a steam cracking unit as fuel (see Abstract - "A method of steam cracking using a steam cracking using a steam cracking system (100) including a first steam cracking furnace unit" and Page 27/L. 15-21 - "the present Invention may additionally include that a hydrogen-rich fuel gas is at least temporarily released from an electrolysis unit, an ammonia decomposition unit and/or a hydrogen storage unit (which each may be part of the system or arrangement according to the present Invention) to supply at
least temporarily needed additional fuel gas to the first steam cracking furnace unit" and Page 35/L. 17-22 - "Hydrogen streams 4004 may, in the example shown, be provided by an ammonia decomposition unit 4300 and/or an electrolyzer unit 4400 to which ammonia and water are supplied"); but does not teach the ammonia unit as a blue ammonia unit.
Russell in an invention relating to ammonia decomposition using blue ammonia units to generate hydrogen streams (see Abstract - "Methods for producing hydrogen from ammonia are described, the effluent stream from the ammonia cracking reaction zone is sent to the first hydrogen PSA unit, the high-pressure hydrogen stream can be recovered" and Para. [0002] - "Ammonia can be used as a liquid hydrogen carrier with the existing transportation infrastructure. If the carbon dioxide by-product from a fossil-fuel based ammonia production process is recovered and sequestered (Blue Ammonia), the resulting hydrogen has a low carbon footprint. At the point of use, the Blue Ammonia is cracked at high temperature into H2 and N2" and Para. [0026] - "Heat is input into the ammonia cracking reaction zone 110 using a heat source 115. The effluent stream 120 from the ammonia cracking reaction zone 110 comprises a mixture of H2 and N2, and it is typically at a temperature in the range of 700 to 1000° C").
Therefore, it would have been obvious to one of ordinary skill in the art to combine these references and incorporate said blue ammonia unit as the ammonia decomposition unit in Zellhuber by routine experimentation to optimize producing the hydrogen in Zellhuber (Zellhuber Page 27/L. 15-21 - "the present invention may additionally Include that a hydrogen-rich fuel gas is at least temporarily released from an ammonia decomposition unit").
Regarding claim 18, Zellhuber/Russell disclose all the limitations discussed above and Zellhuber further discloses recovering a hydrogen-rich gas stream from effluent cracked gas of a cracking furnace of the steam cracking unit (Page 12/L. 30-34 - "As shown in Figure 2 discussed below, a steamcracker plant or system according to the present invention may include one or more process units dedicated for the usage, production or storage of hydrogen-rich fractions").
Regarding claim 19, Zellhuber/Russell disclose all the limitations discussed above and Zellhuber further discloses directing the recovered hydrogen-rich to a cracking furnace of the steam cracking unit to be used as fuel (Zellhuber Page 27/L. 15-30 - "the present Invention may additionally include that a hydrogen-rich fuel gas is at least temporarily released from a hydrogen storage unit (which each may be part of the system or arrangement according to the present invention) to supply at least temporarily needed additional fuel gas to the first steam cracking furnace unit . . . when an at least temporary surplus of a hydrogen-rich fuel gas is generated from a hydrogen separation unit (which may be part of the system or arrangement according to the present invention), compared to the overall consumption of hydrogen in the first steam cracking furnace unit or at least one of the plurality of first steam cracking units and/or in other hydrogen consumers, the said surplus of a hydrogen-rich fuel gas is at least temporarily fed to a fuel cell unit and/or a hydrogen storage unit (which may be part of the system or arrangement according to the present invention)").
Regarding claims 20-24, Zellhuber/Russell disclose the process discussed above, but do not explicitly disclose further comprising supplementing the hydrogen-rich gas stream with a hydrogen gas containing stream from the blue ammonia unit.
However, it would have been obvious to one of ordinary skill in the art to combine multiple sources of hydrogen wherein supplementing the hydrogen-rich gas stream with a hydrogen gas containing stream from the blue ammonia unit by routine experimentation to optimize providing adequate hydrogen (Zellhuber Page 27/L. 15-21 - "the present invention may additionally Include that a hydrogen-rich fuel gas is at least temporarily released from an electrolysis unit, an ammonia decomposition unit and/or a hydrogen storage unit (which each may be part of the system or arrangement according to the present invention) to supply at least temporarily needed additional fuel gas to the first steam cracking furnace unit").
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL V VASISTH whose telephone number is (571)270-3716. The examiner can normally be reached M-F 9:00-4:30 and 7:00-10:00p.
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/VISHAL V VASISTH/Primary Examiner, Art Unit 1771
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