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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 14-16, 18-24, 27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are method steps which specifically further define the claimed method of operating an air separation system. Examiner notes claim 14 includes the exact structural limitations included in independent claim 1, however claim 14 does not recite specific method steps for the claimed method of operating an air separation system. Examiner suggests providing specific method limitations in addition to the claimed structural limitations, wherein examples of the method limitations may be “providing a source gas infeed to an air separation unit, providing at least one solid oxide electrolyser cell comprising an anode, a cathode and an electrolyte, a steam input and an oxygen rich gas output, mixing oxygen from the oxygen rich gas output with the source gas infeed upstream from the air separation unit”. Claims 15-16, 18-24, 27 depend on claim 14 and hence are also rejected.
Claim 27 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Examiner notes claim 27 includes limitations which are exactly stated as in independent claim 14, therefore claim 27 is rejected as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-3,5,6,8,9, 48, 49 are allowed.
Claim 1 recites “An air separation system comprising an air separation unit and at least one solid oxide electrolyser cell;
the air separation unit comprising a source gas infeed;
the at least one solid oxide electrolyser cell comprising an anode, a cathode and an electrolyte, a steam input and an oxygen rich gas output, wherein the oxygen rich gas output connects to the source gas infeed of the air separation unit.”.
Japanese reference(JP3342844) in figure 1 teaches an air separation system including an air separation unit(adsorption towers 5, 6), the air separation unit including a gas source infeed(compressed gas feed from compressor 1). However Japanese reference(JP3342844) does not teach or suggest at least one solid oxide electrolyser cell comprising an anode, a cathode and an electrolyte, a steam input and an oxygen rich gas output, wherein the oxygen rich gas output connects to the source gas infeed of the air separation unit. Chinese reference(CN110156047A) in figure 2 teaches an air separation system including an air separation unit(air separation unit 1), the air separation unit comprising a source gas infeed, and at least one solid oxide electrolyser (SOEC 12) cell comprising an anode, a cathode and an electrolyte, a steam input and an oxygen rich gas output(generated high purity O2 feed passing thru valve 9). However Chinese reference(CN110156047A) does not teach or suggest wherein the oxygen rich gas output connects to the source gas infeed of the air separation unit. Examiner notes the oxygen rich gas output connects downstream of the air separation unit(1) and upstream of a natural gas reforming unit(16). Claims 2,3,5,6,8,9 depend on claim 1 and hence are also allowed.
Claims 14-16, 18-24, 27 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 14 recites “A method of operating an air separation system, the air separation system comprising an air separation unit and a solid oxide electrolyser cell;
the air separation unit comprising a source gas infeed;
the at least one solid oxide electrolyser cell comprising an anode, a cathode and an electrolyte, a steam input and an oxygen rich gas output, wherein the oxygen rich gas output is connected to the source gas infeed of the air separation unit.”.
Japanese reference(JP3342844) in figure 1 teaches an air separation system including an air separation unit(adsorption towers 5, 6), the air separation unit including a gas source infeed(compressed gas feed from compressor 1). However Japanese reference(JP3342844) does not teach or suggest at least one solid oxide electrolyser cell comprising an anode, a cathode and an electrolyte, a steam input and an oxygen rich gas output, wherein the oxygen rich gas output connects to the source gas infeed of the air separation unit. Chinese reference(CN110156047A) in figure 2 teaches an air separation system including an air separation unit(air separation unit 1), the air separation unit comprising a source gas infeed, and at least one solid oxide electrolyser (SOEC 12) cell comprising an anode, a cathode and an electrolyte, a steam input and an oxygen rich gas output(generated high purity O2 feed passing thru valve 9). However Chinese reference(CN110156047A) does not teach or suggest wherein the oxygen rich gas output connects to the source gas infeed of the air separation unit. Examiner notes the oxygen rich gas output connects downstream of the air separation unit(1) and upstream of a natural gas reforming unit(16). Claims 15,16, 18-24 depend on claim 14 and hence would also be allowable upon correction of the noted 112 second paragraph issues stated in the current office action.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
August 4, 2026
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