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 .
This is in response to the correspondence filed on 12/01/2025.
Election/Restrictions
Applicant’s election of Group I (Claims 1, 3-11, 21-22), in the reply filed on 12/01/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 12-20 are withdrawn.
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, 4, 22 and their dependent claims, 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 recites: “a primary indirect heat exchanger having a first inlet, a second inlet, a first outlet, and a second outlet, wherein:
the first coil is disposed within the housing between the inlet of the housing and the second coil,
the second coil is disposed within the housing between the first coil and the outlet of the housing”,
It is unclear how the first and second coils and the housing are part of the primary indirect heat exchanger, as it appears to be described by the use of “wherein:”.
Claim 4: in the limitation “the steam turbine generator comprises a first portion of the first steam feed”, it is unclear how “a first portion of the first steam feed” relates to “a first portion of the first steam feed” recited earlier in the same claim.
Claim 22: in the limitation” the indirect heat exchanger” in “the second inlet of the indirect heat exchanger is configured to receive the heated second aqueous fluid from the second coil”. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites: “one or more secondary indirect heat exchangers disposed between the second outlet of the primary indirect heat exchanger and the inlet of the second coil, wherein:
the first inlet of the primary indirect heat exchanger is configured to receive the cooled first aqueous fluid from the steam turbine generator,
the second inlet of the indirect heat exchanger is configured to receive the heated second aqueous fluid from the second coil,
the primary indirect heat exchanger is configured to indirectly transfer heat from the heated second aqueous fluid to the cooled first aqueous fluid to produce the pre- heated first aqueous fluid and an intermediately cooled second aqueous fluid,
the first outlet of the primary indirect heat exchanger is in fluid communication with the inlet of the first coil,
the second outlet of the primary indirect heat exchanger is in fluid communication with an inlet of the secondary indirect heat exchanger,
It is unclear how the primary indirect heat exchanger, the indirect heat exchanger and their respective inlets and outlets are part of the one or more secondary indirect heat exchangers, as it appears to be described by the use of “wherein:”.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conlon 20150354545.
Regarding claim 1, Conlon teaches:
A system, comprising:
a combustor (Image below) configured to combust a fuel (“fuel” in the image below) to produce a heated exhaust gas (shaded arrow from left to right in the image below);
a housing (“Heat recovery system 200 includes heat recovery units (heat exchangers) disposed in the duct work connecting the combustion turbine generator with the chimney/stack of the power plant” [0038], Figs. 2-3) having an inlet configured to receive the heated exhaust gas (Left end of 200, Figs.2-3) and an outlet (Right end of 200, Figs.2-3) configured to remove a cooled exhaust gas therefrom (Flue gas indicated on the right end of 200);
a first coil (“a coil” [0038], inside 210) disposed within the housing (Figs. 2-3) having an inlet (top of 210) configured to receive a pre-heated first aqueous fluid (fluid out of 450 and 460, Figs. 2-3) and an outlet (bottom of 210) configured to remove a steam feed (210, which functions as a super heater to increase the temperature of steam” [0039], exiting at the bottom of 210 and into 410) therefrom;
a steam turbine generator (410) having an inlet (top of 410) configured to receive at least a portion of the steam feed from the outlet of the first coil (see arrows from 210 to 410 in Figs. 2-3) to produce power (generator is connected to the turbine, see 410) and an outlet configured to remove (right end of 410) a cooled first aqueous fluid therefrom (see arrows showing the flow from 410, “After expanding through the turbine, steam is condensed to liquid water” [0053]);
a second coil disposed within the housing (coil within 240) having an inlet (top of 240) configured to receive a cooled second aqueous fluid (“a heat transfer fluid through low temperature heat recovery unit 240 “ [0056]) and an outlet (bottom of 240) configured to remove a heated second aqueous fluid therefrom (a heat transfer fluid through low temperature heat recovery unit 240 to collect heat and delivers the collected heat to feedwater heater 450” [0056]); and
a primary indirect heat exchanger (450) having a first inlet (left of 450, Figs. 2-3, Image below), a second inlet (top of 450, Figs. 2-3, Image below), a first outlet (right of 450, Figs. 2-3, Image below), and a second outlet (bottom of 450, Figs. 2-3, Image below), wherein:
the first coil is disposed within the housing between the inlet of the housing and the second coil (Figs. 2-3, Image below),
the second coil is disposed within the housing between the first coil and the outlet of the housing (Figs. 2-3, Image below),
the first inlet of the primary indirect heat exchanger is configured to receive the cooled first aqueous fluid (Figs. 2-3, Image below) from the steam turbine generator,
the second inlet of the indirect heat exchanger is configured to receive the heated second aqueous fluid from the second coil (Figs. 2-3, Image below),
the primary indirect heat exchanger is configured to indirectly transfer heat from the heated second aqueous fluid to the cooled first aqueous fluid to produce the pre-heated first aqueous fluid and an intermediately cooled second aqueous fluid (“a heat transfer fluid through low temperature heat recovery unit 240 to collect heat and delivers the collected heat to feedwater heater 450” [0056], see Figs. 2-3 and image below),
the first outlet of the primary indirect heat exchanger is in fluid communication with the inlet of the first coil (Figs. 2-3 and image below), and
the second outlet of the primary indirect heat exchanger is in fluid communication with the inlet of the second coil (Figs. 2-3 and image below).
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Regarding claim 3, Conlon teaches the invention as discussed for claim 1. Conlon further teaches:
The system of claim 1, further comprising a primary condenser (420) having an inlet (left of 420) configured to receive the cooled first aqueous fluid from the outlet of the steam turbine generator (see arrow from 410 to 420) and an outlet (right of 420) in fluid communication with the first inlet of the indirect heat exchanger (arrows starting at 420 indicated fluid communication with 450).
Regarding claim 9, Conlon teaches the invention as discussed for claim 1. Conlon further teaches:
The system of claim 1, wherein the combustor comprises a gas turbine (combustion turbine generator 100 [0038]).
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) 4, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conlon 20150354545 in view of Bruckner 6041588
Regarding claim 4, Conlon teaches the invention as discussed for claim 3. Conlon further teaches:
The system of claim 3, wherein the inlet of the steam turbine generator is configured to receive a first portion of the first steam feed (at the top of 410) such that the cooled first aqueous fluid recovered from the outlet of the steam turbine generator comprises a first portion of the first steam feed (exiting to the right of 410),
Conlon is silent about an auxiliary condenser, a second portion of the first steam feed, and the portions of cooled second portion of the first steam feed and portion of the cooled first aqueous fluid mixed in a conduit as claimed:
the system further comprising an auxiliary condenser having an inlet configured to receive a second portion of the first steam feed and an outlet configured to remove a cooled second portion of the first steam feed;
and a conduit configured to receive and combine at least a portion of the cooled second portion of the first steam feed with at least a portion of the cooled first aqueous fluid recovered from the outlet of the steam turbine generator
However, Bruckner teaches a system where “exhaust gas AG from a gas turbine 2a flows through the waste steam generator and it is thereby used for steam generation” (Col. 4 ll. 13-15), comprising a steam line 46 from which steam is divided and continues to 44 or 42, going into a steam turbine 2b or to 28, the steam turbine 2b receiving a first portion of the first team feed via 3 at the top of 2b, and the cooled first aqueous fluid at the bottom of 2b flowing into 3, and:
the system further comprising an auxiliary condenser (inter alia, 28) having an inlet (where 42 connects to 28) configured to receive a second portion of the first steam feed (via 42) and an outlet (28 to 30) configured to remove a cooled second portion of the first steam feed (to 30);
and a conduit (inter alia, 18) configured to receive and combine at least a portion of the cooled second portion of the first steam feed (from “28 communicates on its output side with a recirculating pump 32 via a line 30 and both with its input and with the line 18 via the check valve 16 and the line 24”, Col 4 ll. 30-34) with at least a portion of the cooled first aqueous fluid recovered from the outlet of the steam turbine generator (inter alia, from 3 to above 16).
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Conlon with Bruckner's structure discussed above in order to provide feedwater preheating (Col 4 ll. 38).
Regarding claim 21, Conlon teaches:
A system, comprising:
a combustor (Image below) configured to combust a fuel (“fuel” in the image below) to produce a heated exhaust gas (shaded arrow from left to right in the image below);
a housing (“Heat recovery system 200 includes heat recovery units (heat exchangers) disposed in the duct work connecting the combustion turbine generator with the chimney/stack of the power plant” [0038], Figs. 2-3) having an inlet configured to receive the heated exhaust gas (Left end of 200, Figs.2-3) and an outlet (Right end of 200, Figs.2-3) configured to remove a cooled exhaust gas therefrom (Flue gas indicated on the right end of 200);
a first coil (“a coil” [0038], inside 210) disposed within the housing (Figs. 2-3) having an inlet (top of 210) configured to receive a pre-heated first aqueous fluid (fluid out of 450 and 460, Figs. 2-3) and an outlet (bottom of 210) configured to remove a steam feed (210, which functions as a super heater to increase the temperature of steam” [0039], exiting at the bottom of 210 and into 410) therefrom;
a steam turbine generator (410) having an inlet (top of 410) configured to receive at least a portion of the steam feed from the outlet of the first coil (see arrows from 210 to 410 in Figs. 2-3) to produce power (generator is connected to the turbine, see 410) and an outlet configured to remove (right end of 410) a cooled first portion of the steam feed therefrom (see arrows showing the flow from 410, “After expanding through the turbine, steam is condensed to liquid water” [0053]);
a primary condenser (420) having an inlet (left of 420) configured to receive the cooled first portion of the steam feed from the outlet of the steam turbine generator (see arrow from 410 to 420) and an outlet (right of 420) configured remove a second cooled first portion of the steam feed therefrom (out of 420);
a conduit configured to receive at least a portion of the cooled first portion of the steam feed from the outlet of the primary condenser (image below)
a second coil disposed within the housing (coil within 240) having an inlet (top of 240) configured to receive a cooled second aqueous fluid (“a heat transfer fluid through low temperature heat recovery unit 240 “ [0056]) and an outlet (bottom of 240) configured to remove a heated second aqueous fluid therefrom (a heat transfer fluid through low temperature heat recovery unit 240 to collect heat and delivers the collected heat to feedwater heater 450” [0056]);
and a primary indirect heat exchanger (450) having a first inlet (left of 450, Figs. 2-3, Image below), a second inlet (top of 450, Figs. 2-3, Image below), a first outlet (right of 450, Figs. 2-3, Image below), and a second outlet (bottom of 450, Figs. 2-3, Image below), wherein:
the first inlet of the primary indirect heat exchanger is configured to receive (left of 450, is configured to receive from the left, Image below)
the second inlet of the indirect heat exchanger is configured to receive the heated second aqueous fluid from the second coil (Figs. 2-3, Image below),
the primary indirect heat exchanger is configured to indirectly transfer heat from the heated second aqueous fluid to produce the pre-heated first aqueous fluid and an intermediately cooled second aqueous fluid (“a heat transfer fluid through low temperature heat recovery unit 240 to collect heat and delivers the collected heat to feedwater heater 450” [0056], see Figs. 2-3 and image below),
the first outlet of the primary indirect heat exchanger is in fluid communication with the inlet of the first coil (Figs. 2-3 and image below), and the second outlet of the primary indirect heat exchanger is in fluid communication with the inlet of the second coil (Figs. 2-3 and image below).
Conlon is silent about:
an auxiliary condenser having an inlet configured to receive a second portion of the steam feed and an outlet configured to remove a cooled second portion of the steam feed therefrom;
[a conduit configured to receive at least a portion of the cooled first portion of the steam feed from the outlet of the primary condenser] and at least a portion of the cooled second portion of the steam feed from the outlet of the auxiliary condenser to form a combined mixture;
[the first inlet of the primary indirect heat exchanger is configured to receive] the combined mixture from the conduit,
[the primary indirect heat exchanger is configured to indirectly transfer heat from the heated second aqueous fluid] to the combined mixture
However, Bruckner teaches a system where “exhaust gas AG from a gas turbine 2a flows through the waste steam generator and it is thereby used for steam generation” (Col. 4 ll. 13-15), comprising a steam line 46 from which steam is divided and continues to 44 or 42, going into a steam turbine 2b or to 28, the steam turbine 2b receiving a first portion of the first team feed via 3 at the top of 2b, and the cooled first aqueous fluid at the bottom of 2b flowing into 3, and:
an auxiliary condenser (inter alia, 28) having an inlet (where 42 connects to 28) configured to receive a second portion of the steam feed (via 42) and an outlet (28 to 30) configured to remove a cooled second portion of the steam feed therefrom (to 30);
a conduit (inter alia, 18) configured to receive at least a portion of the cooled first portion of the steam feed from the outlet of the primary condenser (inter alia, from 84 to 3 to above 16) and at least a portion of the cooled second portion of the steam feed from the outlet of the auxiliary condenser (from “28 communicates on its output side with a recirculating pump 32 via a line 30 and both with its input and with the line 18 via the check valve 16 and the line 24”, Col 4 ll. 30-34) to form a combined mixture (in 18);
[the first inlet of the primary indirect heat exchanger is configured to receive] (Conlon teaches the primary indirect heat exchanger) the combined mixture from the conduit (Bruckner teaches the mixture from 18 going into 22, where it receives indirect heat from other fluid flowing through 48, teaching that a combined mixture can be sent together to a heat exchanger)
[the primary indirect heat exchanger is configured to indirectly transfer heat from the heated second aqueous fluid] (as taught by Conlon) to the combined mixture (as discussed above)
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Conlon with Bruckner's teachings discussed above in order to provide feedwater preheating (Col 4 ll. 38).
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Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conlon 20150354545 in view of Parrella 20170247992
Regarding claim 10, Conlon teaches the invention as discussed for claim 1. Conlon is silent about:
the system is disposed on a vessel that is floating on a surface of a body of water.
However, Parrella teaches a gas turbine [0109] derives its power from burning fuel such as the gas or crude oil on the line 204 in a combustion chamber, and:
the system is disposed on a vessel that is floating on a surface of a body of water (Fig. 5, “This design can also be used for off-shore drilling platforms” [0198]).
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Conlon with Parrela's teachings discussed above in order to provide “power from burning fuel such as the gas or crude oil on the line 204 in a combustion chamber and using the fast flowing combustion gases to drive a turbine” to provide power for a platform [0198], using fuel where a “comprehensive enhanced oil recovery system is provided that combines a plurality of different implementations […] The individual techniques of the enhanced oil recovery system create compounded recovery effects to improve oil and gas recovery in a reservoir” (abstract).
Regarding claim 11, Conlon in view of Parrella teaches the invention as discussed for claim 10. Conlon in view of Parrella, as discussed so far, is silent about crude oil as claimed:
the fuel the combustor is configured to combust is configured to be obtained via heating a crude oil, located within a storage tank disposed on the vessel.
However, Parrella further teaches:
the fuel the combustor is configured to combust is configured (inter alia, Figs. 4 and 5) to be obtained via heating a crude oil (inter alia, via “at least one separator 206” [0109], also “a plurality of heat sources may be employed in the system, as in FIG. 4” [0101]), located within a storage tank (inter alia, 206) disposed on the vessel (Fig. 5, “This design can also be used for off-shore drilling platforms” [0198]).
Allowable Subject Matter
Claim 5 (and dependent claims 6-8) is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 22 is rejected under 112(b) as discussed below, but it appears to contain subject matter similar to claims 5-8 discussed above.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Roberto T. Igue whose telephone number is (303)297-4389. The examiner can normally be reached Monday-Friday 7:30-4:30 PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERTO TOSHIHARU IGUE/ Examiner, Art Unit 3741
/PHUTTHIWAT WONGWIAN/ Supervisory Patent Examiner, Art Unit 3741
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