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 .
Priority
This is a continuation of U.S. Non-Provisional Application No. 18/391,814, filed December 21, 2023, titled “ASSEMBLIES AND METHODS FOR ENHANCING CONTROL OF HYDROTREATING AND FLUID CATALYTIC CRACKING (FCC) PROCESSES USING SPECTROSCOPIC ANALYZERS,” which is a continuation of U.S. Non-Provisional Application No. 18/052,784, filed November 4, 2022, titled “ASSEMBLIES AND METHODS FOR ENHANCING CONTROL OF HYDROTREATING AND FLUID CATALYTIC CRACKING (FCC) PROCESSES USING SPECTROSCOPIC ANALYZERS,” now U.S. Patent No. 11,898,109, issued February 13, 2024, which is a continuation-in-part of U.S. Non-Provisional Application No. 17/652,431, filed February 24, 2022, titled “METHODS AND ASSEMBLIES FOR DETERMINING AND USING STANDARDIZED SPECTRAL RESPONSES FOR CALIBRATION OF SPECTROSCOPIC ANALYZERS,” which claims priority to and the benefit of U.S. Provisional Application No. 63/153,452, filed February 25, 2021, titled “METHODS AND ASSEMBLIES FOR DETERMINING AND USING STANDARDIZED SPECTRAL RESPONSES FOR CALIBRATION OF SPECTROSCOPIC ANALYZERS,” and U.S. Provisional Application No. 63/268,456, filed February 24, 2022, titled “ASSEMBLIES AND METHODS FOR ENHANCING CONTROL OF FLUID CATALYTIC CRACKING (FCC) PROCESSES USING SPECTROSCOPIC ANALYZERS,” the disclosures of which are incorporated herein by reference in their entireties; and further claims priority to and the benefit of U.S. Provisional Application No. 63/268,456, filed February 24, 2022, titled “ASSEMBLIES AND METHODS FOR ENHANCING CONTROL OF FLUID CATALYTIC CRACKING (FCC) PROCESSES USING SPECTROSCOPIC ANALYZERS”; U.S. Provisional Application No. 63/268,827, filed March 3, 2022, titled “ASSEMBLIES AND METHODS FOR OPTIMIZING FLUID CATALYTIC CRACKING (FCC) PROCESSES DURING THE FCC PROCESS USING SPECTROSCOPIC ANALYZERS”; and U.S. Provisional Application No. 63/268,875, filed March 4, 2022, titled “ASSEMBLIES AND METHODS FOR ENHANCING CONTROL OF HYDROTREATING AND FLUID CATALYTIC CRACKING (FCC) PROCESSES USING SPECTROSCOPIC ANALYZERS.”
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)(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) 1-10, 14 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sexton et al (US 2008/0078693).
With respect to claim 1, Sexton discloses a method to enhance control of hydrotreating and fluid catalytic cracking (FCC) associated with a refining operation, the method comprising:
operating a cat feed hydrotreater (CFH) processing unit to produce CFH unit material (See paragraph 0001);
supplying the CFH unit material to one or more first processing units comprising an FCC processing unit (see paragraph 0011, use of NIR to maximize FCC feed value);
operating the one or more first processing units to produce one or more corresponding unit materials, the one or more corresponding unit materials comprising one or more of intermediate materials or unit product materials (see paragraph 0011, maximizing FCC product value);
conditioning a hydrocarbon feedstock sample to one or more of: (a) filter the hydrocarbon feedstock sample, (b) change a temperature of the hydrocarbon feedstock sample, or (d) degas the hydrocarbon feedstock sample, thereby to provide a conditioned hydrocarbon feedstock sample (see paragraph 0034);
analyzing the hydrocarbon feedstock sample via a first spectroscopic analyzer to provide hydrocarbon feedstock sample spectra (see paragraph 0002 and paragraph 0011);
conditioning a CFH unit material sample (see paragraph 0034);
analyzing the CFH material sample via one or more spectroscopic analyzers, thereby to provide CFH material sample spectra, the one or more spectroscopic analyzers calibrated to generate standardized spectral responses (See paragraph 0002 and paragraph 0011);
predicting one or more hydrocarbon feedstock sample properties associated with the hydrocarbon feedstock sample based at least in part on the hydrocarbon feedstock sample spectra (see paragraph 0006 and 0011);
predicting one or more CFH sample properties associated with the CFH unit material sample based at least in part on the CFH unit material sample spectra (see paragraph 0006 and 0011); and
controlling, via one or more FCC process controllers, one or more of:
the one or more hydrocarbon feedstock sample properties or
(b) the one or more CFH sample properties (see paragraph 0011-0016).
With respect to claim 2, Sexton discloses the limitation of claim 1. Sexto further discloses conditioning a unit material sample to one or more of; (a) filter the unit material sample, (b) change a temperature of the unit material sample, or (d) degas the unit material sample, thereby to provide a conditioned unit material sample (see paragraph 0034);
analyzing the conditioned unit material sample via the one or more spectroscopic analyzers, thereby to provide unit material sample spectra, the one or more spectroscopic analyzers calibrated to generate standardized spectral responses; and predicting one or more unit material sample properties associated with the unit material sample based at least in part on the unit material sample spectra (see paragraph 0011).
With respect to claim 3, Sexton discloses the limitation of claim 2. Sexton further discloses conditioning the hydrocarbon feedstock sample comprises one or more of:
controlling a sample temperature of a hydrocarbon feedstock sample to maintain a hydrocarbon feedstock sample temperature within a first preselected temperature range (see paragraph 0034, means for controlling temp),
removing particulates from the hydrocarbon feedstock sample (means for controlling dirt, see paragraph 0034),
degassing the hydrocarbon feedstock sample (see paragraph 0034, means for controlling bubbles).
With respect to claim 4, Sexton discloses the limitation of claim 2. Sexton further discloses the one or more first processing units comprises an FCC processing unit, the FCC processing unit comprises a reactor positioned to receive the CFH unit material and a catalyst to promote catalytic cracking of the CFH unit material into FCC effluent, the CFH unit material and the catalyst providing a reaction mixture, and the method further comprises analyzing, via the one or more spectroscopic analyzers, a reaction mixture sample taken from one or more locations of the reactor, the one or more spectroscopic analyzers calibrated to generate standardized spectral responses (see paragraph 0006, 0010-0011).
With respect to claim 5, Sexton discloses the limitation of claim 1. Sexton further discloses analyzing the CFH unit material sample via the one or more spectroscopic analyzers comprises analyzing the CFH unit material sample via the one or more spectroscopic analyzers, and the one or more spectroscopic analyzers calibrated to generate spectral responses standardized with respect to the one or more spectroscopic analyzers, and wherein the one or more spectroscopic analyzers is calibrated to generate standardized spectral responses, such that each of the one or more spectroscopic analyzers outputs a respective corrected material spectrum, including a plurality of signals indicative of a plurality of material properties of an analyzed material based at least in part on the corrected material spectrum, such that the plurality of material properties of the analyzed material outputted by the one or more spectroscopic analyzers are substantially consistent with a plurality of material properties of the analyzed material outputted by the one or more spectroscopic analyzers (see paragraph 0006, 0010-0016).
With respect to claim 6, Sexton discloses the limitation of claim 1. Sexton further discloses controlling operation of the CFH processing unit comprises controlling one or more operating parameters of the CFH processing unit (see paragraph 0011), and wherein controlling the one or more operating parameters comprises controlling the one or more operating parameters against operating constraints associated with the one or more first processing units (see paragraph 0010-0011).
With respect to claim 7, Sexton discloses the limitation of claim 1. Sexton further discloses wherein the controlling comprises controlling one or more process parameters, the one or more process parameters comprising one or more of:
the one or more hydrocarbon feedstock parameters associated with the hydrocarbon feedstock, a rate of supply of the hydrocarbon feedstock to the CFH processing unit, a pressure of the hydrocarbon feedstock supplied to the CFH processing unit, or a preheating temperature of the hydrocarbon feedstock supplied to the CFH processing unit (see paragraph 0016).
With respect to claim 8, Sexton discloses the limitation of claim 1. Sexton further discloses wherein the controlling comprises prescriptively controlling, and wherein the prescriptively controlling comprises controlling one or more process parameters, the one or more process parameters comprising one or more of:
a reactor temperature in a reactor of the one or more first processing units (see paragraph 0011).
With respect to claim 9, Sexton discloses the limitation of claim 1. Sexton further discloses wherein the one or more feedstock properties associated with the hydrocarbon feedstock supplied to the CFH processing unit comprises one or more of API gravity, UOP K factor, nitrogen content, sulfur content, single-ring aromatics content, dual-ring aromatics content, triple-ring aromatics content, or quad-ring aromatics content (see paragraph 0038-0039).
With respect to claim 10, Sexton discloses the limitation of claim 2. Sexton further discloses wherein (i) one or more of the hydrocarbon feedstock sample properties, the CFH unit material properties, or the unit material properties comprises a content ratio indicative of relative amounts of one or more hydrocarbon classes present in the one or more of the hydrocarbon feedstock sample, the CFH unit material sample, or the unit material sample (see paragraph 0038-0039).
With respect to claim 14, Sexton discloses the limitation of claim 1.
Sexton further discloses, wherein one or more of:
predicting the one or more hydrocarbon feedstock sample properties comprises mathematically manipulating a feedstock spectra signal indicative of the hydrocarbon feedstock sample spectra to provide a manipulated feedstock signal and communicating the manipulated feedstock signal an analytical property model configured to predict, based at least in part on the manipulated feedstock signal, the one or more hydrocarbon feedstock sample properties (see paragraph 0034).
With respect to claim 20, Sexton discloses a fluid catalytic cracking (FCC) process controller to enhance control of a hydrotreating and fluid catalytic cracking (FCC) process, the FCC process controller in communication with one or more spectroscopic analyzers and a cat feed hydrotreater (CFH)processing unit associated with the refining operation and positioned to produce CFH unit material, the FCC process controller configured to (see paragraph 0010-0011):
predict one or more CFH unit material sample properties associated with a CFH unit material sample based at least in part on CFH unit material sample spectra generated by the one or more spectroscopic analyzers (see paragraph 0010-0011 and 0034);
and control, during the FCC process, based at least in part on one or more hydrocarbon feedstock sample properties or the one or more CFH unit material sample properties, one or more of:(i) one or more hydrocarbon feedstock properties associated with hydrocarbon feedstock supplied to the CFH processing unit, (ii) one or more CFH material properties associated with CFH unit material supplied to the one or more first processing units, (iii) one or more intermediates properties associated with intermediate materials produced by one or more first processing units comprising an FCC processing unit, (iv) operation of the CFH processing unit, (v) operation of the one or more first processing units (see paragraph 0010-0016).
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) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sexton et al (US 2008/0078693).
With respect to claim 15, Sexton discloses a fluid catalytic cracking (FCC) control assembly to enhance control of a hydrotreating and fluid catalytic cracking (FCC) process, the FCC control assembly comprising:
a first spectroscopic analyzer positioned to : receive a hydrocarbon feedstock sample of a hydrocarbon feedstock positioned to be supplied to a cat feed hydrotreater (CFH) processing unit and positioned to produce CFH unit material, the hydrocarbon feedstock having one or more hydrocarbon feedstock properties, and analyze the hydrocarbon feedstock sample to provide hydrocarbon feedstock sample spectra (see figure 1, paragraph 0010-0016);
a sample conditioning assembly positioned to one or more of: condition the hydrocarbon feedstock sample, prior to being supplied to the first spectroscopic analyzer, to one or more of filter the hydrocarbon feedstock sample, change a temperature of the hydrocarbon feedstock sample, or degas the hydrocarbon feedstock sample, or condition the CFH unit material sample, prior to being supplied to the second spectroscopic analyzer, to one or more of filter the CFH unit material sample, change a temperature of the CFH unit material sample, dior degas the CFH unit material sample (see paragraph 0034); and
an FCC process controller in communication with the first spectroscopic analyzer and the second spectroscopic analyzer, the FCC process controller configured to: predict one or more hydrocarbon feedstock sample properties associated with the hydrocarbon feedstock sample based at least in part on the hydrocarbon feedstock sample spectra, predict one or more CFH unit material sample properties associated with the CFH unit material sample based at least in part on the CFH unit material sample spectra (see paragraph 0010-0016 and 0034), and control one or more of:
one or more hydrocarbon feedstock properties associated with the hydrocarbon feedstock supplied to the CFH processing unit,
one or more CFH material properties associated with the CFH unit material supplied to the one or more first processing units,
one or more intermediates properties associated with intermediate materials produced by one or more first processing units comprising an FCC processing unit,
operation of the CFH processing unit (see paragraph 0010-0016 and 0034).
Sexton does not disclose utilizing a second spectroscopic analyzer positioned to: receive a CFH unit material sample of the CFH unit material produced by the CFH processing unit, and analyze the CFH unit material sample to provide CFH unit material sample spectra.
However, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the invention to modify the FCC control assembly with the second spectroscopic analyzer, as a duplication of part would have been obvious modification to increase the efficiency of the FCC control assembly.
With respect to claim 16, Sexton discloses the limitation of claim 15. Sexton further discloses wherein the sample conditioning assembly comprises, a temperature control unit positioned to receive the one or more of the hydrocarbon feedstock sample or the CFH unit material sample and a temperature of the one or more of the hydrocarbon feedstock sample or the CFH unit material sample to provide a temperature-adjusted sample stream of the one or more of the hydrocarbon feedstock sample or the CFH unit material sample, or a degassing unit positioned to degas the one or more of the hydrocarbon feedstock sample or the CFH unit material sample to provide a degassed sample stream of the one or more of the hydrocarbon feedstock sample or the CFH unit material sample (see paragraph 0034-0035).
With respect to claim 17, Sexton discloses the limitation of claim 16. Sexton further discloses one of the first spectroscopic analyzer, the second spectroscopic analyzer is positioned to: receive a unit material sample of one more unit materials produced by one or more first processing units comprising an FCC processing unit, the one or more unit materials comprising one or more of intermediate materials or unit product materials, the first spectroscopic analyzer, the second spectroscopic analyzer being calibrated to generate standardized spectral responses, and
analyze the unit material sample to provide unit material sample spectra, and
wherein the FCC process controller is configured to predict one or more unit material sample properties associated with the unit material sample based at least in part on the unit material sample spectra (see paragraph 0010-0016).
With respect to claim 18, Sexton discloses the limitation of claim 16. Sexton further discloses , wherein: one of the first spectroscopic analyzer, the second spectroscopic analyzer, or a third spectroscopic analyzer is positioned to: receive a unit material sample of one more unit materials produced by one or more first processing units comprising an FCC processing unit, the one or more unit materials comprising one or more of intermediate materials or unit product materials, two or more of the first spectroscopic analyzer, the second spectroscopic analyzer, or the third spectroscopic analyzer being calibrated to generate standardized spectral responses, and analyze the unit material sample to provide unit material sample spectra, and wherein the FCC process controller is configured to predict one or more unit material sample properties associated with the unit material sample based at least in part on the unit material sample spectra (see paragraph 0002-0003 and 0011-0016).
With respect to claim 19, Sexton discloses the limitation of claim 18. Sexton further discloses wherein the controlling comprises controlling, and wherein one or more of: controlling operation of the CFH processing unit comprises controlling one or more operating parameters of the CFH processing unit, or prescriptively controlling operation of the one or more first processing units comprises controlling one or more operating parameters of the one or more first processing units (see paragraph 0010-0016).
Allowable Subject Matter
Claims 11-13 are 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.
The following is a statement of reasons for the indication of allowable subject matter: With respect to claims 11-13, the closest prior art Sexton (US 2008/0078693) teaches a substantial portion of the applicant invention, however does not suggest to one of ordinary skill in the art to modify the process with the claimed machine-learning-trained model, as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN C VALENCIA whose telephone number is (571)270-7709. The examiner can normally be reached Monday-Friday 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem C Singh can be reached on 571 272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUAN C VALENCIA/Examiner, Art Unit 1771
/Randy Boyer/
Primary Examiner, Art Unit 1771
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