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 .
Summary
This is the initial Office action based on application 18831100 filed 7/9/24.
Claims 1-22 are pending and have been fully considered.
Drawings
The Drawings filed on 7/9/24 are acknowledged and accepted by the examiner.
Specification
The Specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. MPEP § 608.01
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 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 of this title, 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 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over SIMPSON (US PG PUB 20160017800) in combination with BOURGEOIS (US PG PUB 20060053792) and as evidence by DYSON ET AL. (WO2018144965; 8/2018), ROUVEYRE ET AL. (US 11655551; filed 7/2021) and VERMEIREN ET AL. (US PG PUB 20210207041) in their entirety. Hereby referred to as SIMPSON, BOURGEOIS, DYSON, VERMEIREN and ROUVEYRE.
Regarding claims 1-22:
SIMPSON teaches in the abstract methods and systems of converting electrical energy to chemical energy and optionally reconverting it to produce electricity as required. In preferred embodiments the source of electrical energy is at least partially from renewable source. The present invention allows for convenient energy conversion and generation without the atmospheric release of CO2. One method for producing methane comprises electrolysis of water to form hydrogen and oxygen and using the hydrogen to hydrogenate carbon dioxide to form methane. It preferred to use the heat produced in the hydrogenation reaction to heat the water prior to electrolysis. The preferred electrical energy source for the electrolysis is a renewable energy source such as solar, wind, tidal, wave, hydro or geothermal energy. The method allows to store the energy gained at times of low demand in the form of methane which can be stored and used to generate more energy during times of high energy demand. A system comprising an electrolysis apparatus and a hydrogenation apparatus, and a pipeline for the transportation of two fluids, is also described.
SIMPSON teaches in para [0043] the methane produced by the hydrogenation of carbon dioxide can be used in formation of other hydrocarbons or hydrocarbon-based products, such as alkanes, alkenes, aldehydes, ketones, alcohols (mono-ols or polyols), and various polymeric precursors (monomers). Such downstream products can suitably be used as fuels or may be used as petrochemical feedstuffs for chemical processes such a polymerization. For example, the method may comprise subsequent formation of alkanols (e.g., methanol), alkanes (i.e., hydrocarbons of general formula C.sub.nH.sub.2n+2, wherein n=2 to 20, preferably wherein n=5 to 10, such as aviation fuel or petroleum), ethylene glycol, polyethylene, styrene, poly vinyl chloride (PVC). Methods of deriving such products, amongst others, from methane are known in the art and will not be discussed in detail here.
SIMPSON teaches in para [0040] the hydrocarbon fuel is a gas. More preferably the fuel comprises methane, preferably at least 80% by volume methane, more preferably 90% or higher, 95% or higher, or 99% or higher methane.
SIMPSON teaches in para [0031] it is preferred that the metal catalyst for the Sabatier process comprises Ru on Al.sub.2O.sub.3. This catalyst provides good selectivity and a large surface area for reaction within a small reactor volume, which is well suited to the present invention. Alternative catalysts (e.g., nickel) will be apparent to the person skilled in the art, and it is expected that this reaction will be the subject of technological developments in the coming years—such developments could readily be used in the present invention.
SIMPSON teaches in para [0119] a separator to separate water which exits the electrolysis apparatus from the hydrogen/oxygen and return it to the feed conduit. This provides a source of already hot water to the feed conduit, which further allows for heating of the input water.
SIMPSON teaches in para [0191] another possible embodiment of the invention could use oxygen-methane electrolytic fuel cells with the option of district heating. The basic fuel cell envisaged would generate electricity by a well-known electrochemical reaction when oxygen is passed continually over the cathode and hydrogen is passed over the anode, the hydrogen being derived from steam reforming of hydrogen from methane.
SIMPSON teaches in para [0227] the manufacture of larger-chain hydrocarbons from a methane feedstock has also attracted considerable interest in recent years. In many ways their proposed plant set-up resembles the upstream plant we are proposing. In their scheme, the CH.sub.4 produced by the Sabatier reactor would be fed into a partial oxidation reactor, and the output gases then fed into Fischer-Tropsch reactor, in order to create longer-chain hydrocarbons by a well-known process which would then be separated and exported to market.
SIMPSON discloses the teachings above, and in combination with BOURGEOIS process and system. BOURGEOIS teaches in the abstract a power generation system comprising a liquid-cooled electrolyzer operable to produce a supply of hydrogen from water is provided. The power generation system may also comprise a steam turbine and a steam production device operable to produce a supply of steam to the steam turbine. The power generation system may also comprise a system operable to provide cooling liquid to the liquid-cooled electrolyzer and to couple heated cooling liquid from the liquid-cooled electrolyzer to the steam production device.
BOURGEOIS teaches in para [0017] in operation, the liquid-cooled electrolyzer 38 receives electrical power from the power bus 22. The electrical power 68 from the power bus 22 is directed to a rectifier 70 that is operable to convert alternating current (AC) from the power bus 22 to direct current (DC) at a desired voltage and current for the operation of the liquid-cooled electrolyzer 38. The liquid-cooled electrolyzer 38 uses the electrical power 72 for processing the de-ionized water 66 for generation of hydrogen 40 and oxygen 74. In this embodiment, the hydrogen 40 produced by the liquid-cooled electrolyzer 38 is compressed by a hydrogen compressor 76 for storage in the hydrogen storage tank 14. Subsequently, the stored hydrogen 78 may be dispensed as a product 80. Alternatively, the stored hydrogen 78 may be utilized as a fuel for the gas turbine 12 of the power generation system 10.
BOURGEOIS teaches in para [0012] referring now to FIG. 1, a power generation system, represented generally by reference numeral 10, is illustrated. The power generation system 10 comprises a gas turbine 12, a hydrogen storage tank 14, and an electrical generator 16 operable to generate electrical power from the mechanical power produced by the gas turbine 12. It should be noted that, other types of heat engines, such as a reciprocating hydrogen engine, may be used instead of the gas turbine 12. The generator 16 is coupled to the gas turbine 12 via a shaft 18. In the illustrated embodiment, the electrical power generated by the generator 16, represented by the arrow 20, is coupled to a power bus 22 for distribution to an electrical grid.
BOURGEOIS teaches in para [0013] in addition, the illustrated embodiment of the power generation system 10 comprises a heat recovery steam generator (HRSG) 24. However, other types of steam production devices may be used. The heat recovery steam generator 24 receives hot combustion products from the gas turbine 12 and uses the heat to produce steam. As will be discussed in more detail below, the steam generator 24 comprises a boiler 26 that is operable to transfer heat from the steam generator 24 to water to provide a second source of steam. A steam turbine 28 is coupled to the steam generator 24. The steam turbine 28 receives steam 30 from the steam generator 24 and uses the steam 30 to produce mechanical power to drive an electrical generator 32. Again, the electrical power generated by the generator 32, as represented by the arrow 34, is coupled to the power bus 22.
BOURGEOIS teaches in para [0014] in the illustrated embodiment, the power generation system 10 also comprises a water storage tank 36 that is operable to provide a supply of water to various components of the power generation system 10. For example, the power generation system 10 also comprises a liquid-cooled electrolyzer 38 that utilizes electrolysis to produce hydrogen 40 from water. Water 42 from the water storage tank 36 may also be used for cooling the liquid-cooled electrolyzer 38. In the illustrated embodiment, the heated cooling liquid 44 from the liquid-cooled electrolyzer 38 is coupled to the steam production device 24 to enable the steam production device 24 to boil the heated cooling liquid 44 to produce steam as will be described in a greater detail below. The power generation system 10 utilizes the heat generated by the liquid-cooled electrolyzer 38 to produce steam for power generation, thereby improving the efficiency of the power generation system 10. Further, the steam production device 24 may include a separate boiler (not shown) to produce steam from additional supply of water from the water storage tank 36 to the steam production device 24.
BOURGEOIS teaches in para [0015] during operation, the gas turbine 12 receives a flow of air 46 through an air inlet 48. In addition, the gas turbine 12 receives a supply both of natural gas 50 and hydrogen 52 from the hydrogen storage tank 14. Both natural gas 50 and hydrogen 52 may be used as a fuel for the operation of the gas turbine 12. The power generated by the gas turbine 12 is converted to electrical power by the electrical generator 16. Moreover, as discussed above, combustion products exhausted from the gas turbine 12 are coupled to the steam generator 24. The heat from the gas turbine exhaust is transferred to feed water 54 pumped into the steam generator 24 from the water storage tank 36 to produce steam 30. The steam 30 produced by the steam generator 24 is used to drive the steam turbine 28.
BOURGEOIS teaches in para [0016] in the illustrated embodiment, the steam from the steam turbine 28 is condensed back into water by a condenser 56. The condensate produced by the condenser 56 is directed to the water storage tank 36, as represented by the arrow 58. Additionally, the water storage tank 36 may receive water from an external source 60. The water from the water storage tank 36 may be used by the different components of the power generation system 10. In one embodiment, water 62 from the water storage tank 36 is utilized by the liquid-cooled electrolyzer 38 for the production of hydrogen 40 via the electrolysis of water. The water 62 from the water storage tank 36 may be de-ionized before the water 62 is supplied to the liquid-cooled electrolyzer 38. In this embodiment, the water 62 from the water storage tank 36 is directed to a deionizer 64 before entering the liquid-cooled electrolyzer 38. The de-ionized water 66 from the deionizer 64 is then supplied to the liquid-cooled electrolyzer 38. In this embodiment, the liquid-cooled electrolyzer 38 also receives a flow of water 42 from the water storage tank 36 for cooling the liquid-cooled electrolyzer 38.
BOURGEOIS teaches in para [0017] in operation, the liquid-cooled electrolyzer 38 receives electrical power from the power bus 22. The electrical power 68 from the power bus 22 is directed to a rectifier 70 that is operable to convert alternating current (AC) from the power bus 22 to direct current (DC) at a desired voltage and current for the operation of the liquid-cooled electrolyzer 38. The liquid-cooled electrolyzer 38 uses the electrical power 72 for processing the de-ionized water 66 for generation of hydrogen 40 and oxygen 74. In this embodiment, the hydrogen 40 produced by the liquid-cooled electrolyzer 38 is compressed by a hydrogen compressor 76 for storage in the hydrogen storage tank 14. Subsequently, the stored hydrogen 78 may be dispensed as a product 80. Alternatively, the stored hydrogen 78 may be utilized as a fuel for the gas turbine 12 of the power generation system 10.
BOURGEOIS teaches in para [0018] the liquid-cooled electrolyzer 38 comprises an electrolyte. Examples of the electrolyte include a polymer electrolyte membrane (PEM), an alkaline, a solid oxide and polybenzimidazole (PBI). However, other types of electrolytes may also be used. The operation of the electrolyzer 38 produces heat, which is carried away from the electrolyzer 38 by the cooling water 44. In this embodiment, the heated cooling water 44 is boiled in the steam generator 24 to become steam. The energy transferred to the heated cooling water 44 by the electrolyzer 38 reduces the amount of energy that is needed to boil the heated cooling water 44 to produce steam. In this embodiment, the heated cooling water 44 from the electrolyzer 38 is directed to the boiler 26 in the steam generator 24. The steam generator 24 transfers heat to the heated cooling water 44 from the electrolyzer 38 to convert the heated cooling water 44 to steam.
BOURGEOIS teaches in para [0019] in a presently contemplated configuration, the power generation system 10 comprises an additional steam turbine 82 to receive steam 84 from the boiler 26 within the steam generator 24. The boiler 26 produces steam 84 from the cooling water 44 heated by the electrolyzer 38. The steam turbine 82 is coupled to an electrical generator 86 to generate electrical power 88 that is transmitted to the power bus 22. The steam turbine 82 is coupled to the compressor 76 to provide the motive force to enable the compressor 76 to compress the hydrogen 40 produced by the electrolyzer 38. Furthermore, steam 90 from the steam turbine 82 is condensed into condensate 58 by the condenser 56. The condensate 58 is directed to the water storage tank 36 in this embodiment.
BOURGEOIS teaches in para [0020] as can be seen above, the heat produced by the liquid-cooled electrolyzer 38 is advantageously utilized by the power generation system 10 to enhance the efficiency of the power generation system 10. The electrolyzer 38 may also be used to improve the overall productivity of the power generation system 10 by providing a demand for power when electrical demand is low. For example, the power generation system 10 may be used to provide power to operate the electrolyzer 38 to produce hydrogen when electrical demand is low. The hydrogen may then be used to power the gas turbine 12, used in some other application, or sold. Also see FIG. 2-5
Therefore, one of ordinary skilled in the art would have been motivated to combine SIMPSON and BOURGEOIS process and system; and the motivation is taught by SIMPSON and BOURGEOIS wherein a power generation system comprising an electrolyzer operable to produce a supply of hydrogen from water.
Although, SIMPSON may not disclose the specific catalyst; however, it is within the scope of SIMPSON as evident by VERMEIREN and ROUVEYRE.
ROUVEYRE teachings that it is known in the art that in col. 14 ln 64 - col. 15 ln 6, the catalysts employed herein may also comprise metal compounds, for example in the form of metal nanoparticles, nanowires, nano powder, nanoarrays, nanoflakes, nanotubes, dendrites, films, layers, or mesoporous structures. Such metal compounds may comprise Ag, Au, Zn, Cu, Ir, Pt, Fe, Ni, Co, Mn, Sn, Bi, Pd, Pb, Cd, Ru, Re, Rh, an alloy of such metals, or a mixture thereof. The single-metal-site compounds, or single-metal-site heterogeneous compounds, may comprise a metal-doped carbon-based material or a metal-N—C-based compound. In col. 19 ln 30-48, teaches that this can be advantageous to both capture the CO.sub.2 from a dilute stream such as an industrial exhaust, an engine, a power generation plant, a direct-air-capture or seawater CO.sub.2 capture system, a biogenic source, and directly react at least part of it in an electrolyzer system for the production of at least one CO.sub.2-reduction product or a mixture thereof, such as but not limited to carbon monoxide, methane, ethylene, propylene, dimethyl ether, ethanol, propanol, formic acid, oxalate but also any other achievable alkane, alkene, carboxylic acid, alcohol, aldehyde or ketone. Such a system is particularly advantageous for the production of gaseous carbon-dioxide-reduction products such as but not limited to methane, CO, ethylene, propylene, and dimethyl ether, since it allows to take advantage of the lower solubility of the electrolysis-derived gaseous products compared to the solubility of CO.sub.2 in the capture solvent, to separate the products from the unreacted CO.sub.2 in the liquid sorbent that can be then recycled into the electrolyzer after potential additional pressurization.
VERMEIREN teaches that it is known in the art to have said catalyst for hydrotreating units as disclosed in para [0129] the feedstock of biological origin refined by hydrodynamic cavitation is treated over at least one catalytic bed in the hydrotreating unit, the catalytic bed comprising at least one catalyst based on metal oxides chosen from oxides of metals from Group VI-B (Mo, W, and the like) and VIII-B (Co, Ni, Pt, Pd, Ru, Rh, and the like) supported on a support chosen from alumina, silica/alumina, zeolite, ferrierite, phosphated alumina, phosphated silica/alumina, and the like. Preferably, the catalyst used will be NiMo, CoMo, NiW, PtPd or a mixture of two or more of these. The catalyst used can also be based on metals in the bulk state, such as the commercially known catalyst of Nebula type. [0130] The feedstock of biological origin refined by hydrodynamic cavitation introduced into the hydrotreating unit is treated over at least one catalytic bed at least partially comprising a catalyst with an isomerizing role based on nickel oxides on an acidic support, such as amorphous silica/alumina, zeolite, ferrierite, phosphated alumina, phosphated silica/alumina, and the like.
Although, SIMPSON may not disclose that the biomass is pretreated; however, it is within the scope of SIMPSON as evident by DYSON teachings that it is known in the art that in para [556] the treatment of protein-rich biomass by steam followed by enzymatic hydrolysis, is tested. The solubilization of the nitrogen with and without steam pre- treatment are compared. In para [607] Certain embodiments described herein leverage intermittent renewable sources of power, such as solar and wind, to produce the H2 required for carbon fixation. The CO2 source is an industrial source such as a power plant. Electrolyzers generally draw power during periods of low electrical demand and high renewable power supply. During such periods of low demand and high renewable generation, the renewable, C02-emission free content of the electrical supply can reach up to 95% in regions such as Texas, Scotland and Germany. Thus, in effect the electrolyzer is drawing upon CO2 emissions-free power for the production of H2 from water and will utilize little if any C02-intensive power. In such regions, the periods of high renewable power supply and low grid demand occur roughly 50% of the time and thus the electrolyzer is expected to operate roughly 50% of the time. Onsite H2 and CO2 tank storage buffer the difference in timing between CO2 production from the industrial source and H2 production from the electrolyzer, enabling a continuous flow of both of these gases into the C02-fixing bioprocess. The chemoautotrophic knallgas microbes convert CO2, H2, and mineral nutrients (i.e. NPK) into high protein biomass. This protein-rich biomass can be converted to biostimulants for plants, or growth supplements for mushrooms, or animal feed, or direct nutrition for humans (Fig. 23 and Fig. 24). O2 from the electrolyzer will exceed the requirements of the micro-aerobic knallgas bioprocess. This surplus O2 can be sold as a pure gas co-product (Fig. 25), or else fed back to a fossil combustion or power unit in order to increase thermal efficiency of the unit and increase the concentration of CO2 in the flue gas stream emerging from the unit. Increased concentration of CO2 facilitates the carbon capture step. In para [321] teaches the liquid left over following the removal of cell mass can be pumped to a system for removal and/or recovery of dissolved chemical products of the bioprocess and/or unreacted nutrients. In certain embodiments, unreacted nutrients and/or water are recovered and recycled to the extent possible and/or in certain embodiments sold as a co-product and/or properly disposed of. In certain embodiments, the removal of waste products and/or contaminants and/or any inhibitory and/or deleterious compounds, using methods and technologies known in the art, is performed prior to returning water and/or unreacted nutrients to the bioreactor/s. In para [323]teaches recovery and/or recycling of chemical products and/or unreacted nutrients from the aqueous solution can be accomplished using equipment and techniques known in the art of process engineering, and targeted towards the chemical products of particular embodiments, including but not limited to: solvent extraction; water extraction; distillation; fractional distillation; cementation; chemical precipitation; alkaline solution absorption; absorption or adsorption on activated carbon, ion-exchange resin or molecular sieve; modification of the solution pH and/or oxidation-reduction potential; evaporators; fractional crystallizers; solid/liquid separators; nanofiltration; reverse osmosis; and all combinations thereof. [324] In certain embodiments, chemical products and/or unreacted nutrients flow into an environment that supports the growth of other organisms. In certain embodiments, effluent water and unreacted nutrients are used to irrigate and fertilize higher plants and/or seaweed, and/or algae, and/or to feed heterotrophic organisms such as fungi, yeast, and/or bacteria.
From the teachings of the reference, it is apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art before the effective filing date, as evidenced by the references, especially in the absence of evidence to the contrary.
Furthermore, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
In addition, “Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)). In In re Young, a claim to a machine for making concrete beams included a limitation to the concrete reinforced members made by the machine as well as the structural elements of the machine itself. The court held that the inclusion of the article formed within the body of the claim did not, without more, make the claim patentable
“Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical product, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Also see in re Papesch, 315 F.2d 381, 391, 137 USPQ 43, 51 (CCPA 1963) (“From the standpoint of patent law, a compound and all its properties are inseparable.”).
Also, the claimed changes in the sequence of performing steps is considered to be prima facie obvious because the time at which a particular step is performed is simply a matter of operator preference, especially since the same result is obtained regardless of when the step occurs. See Ex parte RUBIN, 128 USPQ 440 (Bd. App. 1959). See also In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results).
Moreover, an intended result of a process being claimed does not impart patentability to the claims when the general conditions of a claim are disclosed in the prior art. Furthermore, it has been held that obviousness is not rebutted by merely recognizing additional advantages or latent properties present in the prior art process and composition. Further, the fact that applicant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. Ex parte Obiaya, 227 USPQ 58, 60 (Bd.Pat. App. & Inter. 1985).
In conclusion, it would have been obvious to the person having ordinary skill in the art to have selected appropriate conditions, as guided by the prior art, in order to obtain the desired products. It is not seen where such selections would result in any new or unexpected results. Please see MPEP 2144.05, II: noting obviousness within prior art conditions or through routine experimentation.
Again, DYSON, VERMEIREN and ROUVEYRE are considered teaching references, not a modifying reference. See MPEP 2112.
Conclusion
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/CHANTEL L GRAHAM/
Examiner, Art Unit 1771
/ELLEN M MCAVOY/Primary Examiner, Art Unit 1771
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