DETAILED ACTIONS
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This communication is in response to the application filed 10/25/2024.
Claims 1-15 are pending.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cameron (US 5,025,108).
With respect to claim 1, Cameron (US 5,025,108) teaches a process for conversion of methane into ethylene using oxidative coupling followed by pyrolysis. Abstract. The process comprises separating a natural gas to obtain a methane stream free of other compounds and an ethane rich stream; selectively oxidizing the methane stream with oxygen in a methane coupling reactor to produce an OCM effluent having C2 hydrocarbons, both ethylene and ethane; adding an ethane stream to the OCM effluent and pyrolysis (ATC) of the OCM effluent with added ethane to convert ethane to ethylene. Col. 2, lines 50-68. The contact of the OCM reactor is enough to convert at least 80% of the oxygen, resulting in 20% of the oxygen in the OCM feed remaining in the feed to ATC. Col. 4, lines 11-18; col. 5, lines 55-63. The oxygen content of in the methane stream to the in reactor is not more than 40%. Col. 5, lines 48-51. Therefore, is 40% of the feed is oxygen and at least 80% is converted, the resulting ratio of remaining oxygen to ethane in the OCM product plus added ethane as feed to the ATC would fall in a range overlapping the range claimed. The art expressly teaches the temperature of the pyrolysis reactor can be controlled by the temperature of the ethane added gas and/or by controlling the rate of oxygen into the initial reactor (col. 6, lines 31-37).
With respect to claim 2, Cameron teaches wherein the residence time of the pyrolysis reaction is preferably 10-2 to 2 seconds. Col. 5, lines 61-63. This range overlaps the range of 200 to 1000 milliseconds.
With respect to claim 3, Cameron teaches wherein the residence time is controlled between the point of mixing the ethane (start of pyrolysis reactor or zone) and quenching. Col. 5, lines 64-68.
With respect to claims 4 and 5, Cameron teaches controlling the second reaction zone to achieve the desired set of temperature and residence time to achieve the desired conversion. Cameron expressly teaches controlling pyrolysis reactor temperature by adjusting (i.e. controlling) the amount of oxygen in the Pyrolysis feed by the amount of oxygen remaining in the OCM effluent (i.e. “added gas is introduced into the reactor after the contact bed or at a place where at least 80% (preferably at least 95%) of the molecular oxygen has been consumed, col. 6, lines 23+), controlling the temperature of the added ethane, the amount of ethane (which will also effect the oxygen to ethane ratio), the initial molar oxygen ratio, the temperature of methane feed to the OCM reactor. Col. 6, lines 23-37.
With respect to claim 6, Cameron teaches wherein the OCM operates at a temperature in the range of 700-950C, col. 3, lines 44-50, which encompasses the claimed range.
With respect to claims 7, 8, 10, 13, Cameron teaches an oxidative coupling of methane reaction zone (5) and an adiabatic thermal cracking reaction zone (8). See Figures, 1, 2, and col. 8, lines 51-58. Claims 7, 8, 10, 13 are directed to an apparatus. The additional limitations in these claims (mole ratio, residence time, pressure, etc.) are limitations defining process conditions which could occur within the apparatus claimed and taught in Cameron. These limitations are not given patentable weight in the apparatus limitations.
With respect to claim 9, Cameron teaches a quenching zone (9) downstream of the reactor. Figure 1, 2; col. 8, line 67-68, col. 7, line 40.
With respect to claim 11, Cameron teaches adding ethane at (7). Col. 7, lines 33-37.
With respect to claim 12, Cameron teaches a separator downstream of quenching to separate ethane and a line to return ethane to the reactor. Figure 1, col. 7, line 40-60.
With respect to claim 14, Cameron teaches a processing comprising OCM followed by ATC, wherein the residence time of the pyrolysis reaction is preferably 10-2 to 2 seconds. Col. 5, lines 61-63. This range overlaps the range of 200 to 1000 milliseconds.
With respect to claim 15, Cameron teaches wherein the upstream reactor consumes at least 80% oxygen, preferably at least 95% oxygen. Col. 6, line 23-26. Thus, the oxygen to ethane content would fall within or in a range overlapping that claimed.
Conclusion
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/BRANDI M DOYLE/Examiner, Art Unit 1771