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 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 5-6 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 5 requires a list requiring “steam methane reforming, autothermal reforming and partial oxidation” it is unclear if “autothermal reforming and partial oxidation” are one alternative or two. For the purposes of examination, they are each considered separate alternatives.
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.
Claim(s) 1, 3, 8-9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wannemacher (EP3028990A1, machine translated and attached).
With respect to claim 1 Wannemacher discloses a combustion process comprising: a) a production step of a binary fuel gas consisting of hydrogen and at least of between 5 and 50 vol% of nitrogen [Fig. 3 shows NH3 flowing into a heated catalyst, see “Katalysa-torbett”, for decomposition into H2/N2, which would be a mixture of 25% nitrogen] and b) a combustion step [see “Brenner” in Fig. 3] using as only fuel gas the binary fuel gas at a combustion chamber able to receive as fuel gas the binary fuel gas, wherein the combustion chamber is a furnace or a fired process heater1 [see paragraph 0011].
With respect to claim 3 Wannemacher discloses that the production step a) comprises an ammonia cracking sub-step [see Fig. 3].
With respect to claim 8 Wannemacher discloses that the binary fuel gas has a nitrogen content within 20-30 vol% [the disassociation of NH3 would produce a mixture of hydrogen and nitrogen that is 25% nitrogen].
With respect to claim 9 Wannemacher discloses a production unit configured to produce the binary fuel gas as defined in claim 1, ii) a combustion chamber, selected from the group of furnaces and fired process heaters, able to receive as only fuel gas fuel gas the binary fuel gas [see annotated Fig. below].
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With respect to claim 11 Wannamacher discloses that the production unit comprises at least one ammonia cracker [see annotated Fig. below].
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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.
Claim(s) 5-7, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wannemacher (EP3028990A1, machine translated and attached) in view of Huckman et. al (US 2022/0119269 A1).
With respect to claim 5 Wannemacher does not disclose the production step a) comprises at least one of the following sub-steps: steam methane reforming, autothermal reforming and partial oxidation.
Huckman discloses a process for producing ammonia from methane that includes a step of steam methane and autothermal reforming [see Fig. 4 reference characters 120A-120C].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Wannemacher by including the process of Fig. 4 taught by Huckman in order to act as a supply of ammonia produced from methane.
With respect to claim 6 the combination of Wannemacher and Huckman disclose that the feedstock used in the production step is chosen from natural gas [see paragraph 0080 of Huckman].
With respect to claim 7 the combination of Wannemacher and Huckman disclose that the production step a) comprises the following sub-steps: a cooling sub-step [see A1 in Fig. 4 of Huckman], a water gas shift sub-step [reference character 130A of Huckman] and a carbon dioxide removal sub-step [reference character 140A of Huckman].
With respect to claim 13 Wannemacher does not disclose that the production unit comprises one of the following devices: a steam methane reformer (SMR) and autothermal reformer (ATR).
Huckman discloses a process for producing ammonia from methane that includes a step of steam methane and autothermal reforming [see Fig. 4 reference characters 120A-120C].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Wannemacher by including the process of Fig. 4 taught by Huckman in order to act as a supply of ammonia produced from methane.
With respect to claim 14 the combination of Wannemacher and Huckman disclose that the production unit comprises, downstream steam methane reformer, autothermal reformer or partial oxidation reactor, a cooler [see A1 in Fig. 4 of Huckman], a water gas shift reactor reference character 130A of Huckman] and a carbon capture unit [reference character 140A of Huckman].
Claim(s) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wannemacher (EP3028990A1, machine translated and attached) in view of Forest et. al (US 2021/0115849 A1).
With respect to claims 4 and 12 Wannemacher does not disclose a NOx removal substep (claim 4) or a means for NOx removal (claim 12).
Forrest discloses a cycle that includes a combustion step [see “Power Cycle Combustor & Turbine”] and a SOx/NOx removal unit [see paragraph 0100].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Wannemacher by including a SOx/NOx removal unit, as taught by Forrest, in order to reduce or eliminate oxides of sulfur and nitrogen from the exhaust, to minimize acid rain and photochemical smog.
Claim(s) 2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wannemacher (EP3028990A1, machine translated and attached) in view of Keller et. al (US 2025/0122075 A1).
With respect to claims 2 and 10 Wannamacher does not disclose an electrolysis sub-step to produce hydrogen; a cryogenic air separation sub- step to produce nitrogen; and, a hydrogen and nitrogen mixing sub-step (claim 2) or unit comprises an electrolyzer able to produce hydrogen, a cryogenic air separation unit able to produce nitrogen and means for mixing hydrogen and nitrogen (claim 10).
Keller discloses a methodology for producing ammonia from the electrolysis of water that includes fractioning air into a nitrogen containing sub stream using cryogenic fractional distillation [paragraph 0006] and combining it with hydrogen produced through electrolysis2 [see paragraph 0006].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Wannemacher by including the process of Fig. 4 taught by Keller in order to in order to store the hydrogen product as ammonia, which has a greater percentage by volume of hydrogen than liquid water.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
1 “Since the cleavage products leave the reactor at high temperatures, the energy contained therein can be used for preheating the hydrogen-nitrogen mixture supplied to the burner and the combustion air (heat exchanger WT 2). The heat exchangers and the cracking reactor are operated in countercurrent. The cooled gas mixture--consisting of hydrogen and nitrogen--is divided after the heat exchanger WT2 into two gas streams, namely into the product gas stream which is used further and into the gas stream which is recirculated to the burner of the cracking reactor” [paragraph 0011 of the machine translation]
2 “…a secondary reformer, and hydrogen for the synthesis of ammonia is obtained from the product gas mixture therefrom. The nitrogen-containing substream and the hydrogen obtained in the reformer (where applicable, together with the hydrogen-containing stream from the electrolysis) are combined in a molar ratio of about 1:3 and fed to the reactor” [paragraph 0006].
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