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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on February 14th, 2024. It is noted, however, that applicant has not filed a certified copy of the JP 2024-019946 application as required by 37 CFR 1.55.
Claim Objections
Claims 1-5 are objected to because of the following informalities:
Claim 1, line 3: “which feed air” should read “which the feed air”
Claim 1, line 21: “a lower region thereof” should read “a lower region of the oxygen column bottom portion”
Claim 3, line 5: “a heat source” should read “the heat source”
Claim 5, line 5: “a heat source” should read “the heat source”
Claims 2-3 and 5 are also objected to by virtue of their dependency on claim 1.
Claim 4 is also objected to by virtue of its dependency on claim 2.
Appropriate correction is required.
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 4-5 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 4, line 3-4 recite, “and leads into an upper region of the upper rectification portion” which is unclear to the Examiner as to how the upper region of the upper rectification portion of claim 4 relates to the previously claimed upper portion of the upper rectification portion of claim 2 from which claim 4 depends. For purposes of examination, the Examiner will interpret the upper portion of the upper rectification portion and the upper region of the upper rectification portion to be the same section of the upper rectification portion as Figure 2 of the present disclosure depicts both line L212 and line L12 to be sent to opposite sides of the same section of the upper rectification portion. The Examiner recommends making amendments to clarify the relationship between the upper region of the upper rectification portion of claim 4 and the upper portion of the upper rectification portion of claim 2.
Claim 5, lines 4-5 recite, “using a portion of the feed air, which has passed through the main heat exchanger, as a heat source in the high-purity oxygen reboiler” which is unclear to the Examiner as to how the portion of the feed air and the heat source of claim 5 relate to the portion of the feed air and the heat source of claim 1 from which claim 5 depends. For purposes of examination, the Examiner will interpret the portion of the feed air and the heat source of claims 1 and 5 to be the same components. The Examiner recommends making amendments to clarify the relationship of said components.
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.
Claims 1, 3, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hirose et al. (US Patent No. 11,549,747), hereinafter Hirose in view of Golubev et al. (EP 3 327 393), hereinafter Golubev.
Regarding claim 1, Hirose discloses an air separation unit (Fig. 1, cryogenic air separation apparatus 100) comprising:
a main heat exchanger configured to subject feed air to heat exchange (Fig. 1, heat exchanger 1; Col. 6, lines 5-8, Feed air passes through the heat exchanger 1 via a feed air introduction line L1 and is supplied to a first column bottom portion 21 (or a first rectification portion 22) of the first rectification column (intermediate-pressure column) 2);
a first rectification column to which feed air that has passed through the main heat exchanger is introduced, said first rectification column comprising a first bottom portion in which an oxygen-rich liquid is stored, a first rectification portion for rectifying the feed air, and a first column top portion which is disposed at an upper portion of the first rectification portion and stores a first vaporized gas (Fig. 1, first rectification column (intermediate-pressure column) 2, a first column bottom portion 21, first rectification portion 22, first column top portion 23; Col. 6, lines 5-14, Feed air passes through the heat exchanger 1 via a feed air introduction line L1 and is supplied to a first column bottom portion 21 (or a first rectification portion 22) of the first rectification column (intermediate-pressure column) 2. The first rectification column 2 comprises: a first column bottom portion 21 in which an oxygen-rich liquid is stored; a first rectification portion 22 for rectifying the feed air; and a first column top portion 23 which is disposed at an upper portion of the first rectification portion 22 and stores a first vaporized gas);
a nitrogen condenser, which is disposed above the first column top portion, configured to condense the first vaporized gas in the first column top portion (Fig. 1, first condenser (nitrogen condenser) 3; Col. 6, lines 15-19, A first condenser (nitrogen condenser) 3 is disposed above the first column top portion 23. The first condenser 3 condenses the first vaporized gas in the first column top portion 23);
a second rectification column comprising a second rectification portion and a second column top portion from which low-pressure nitrogen gas is drawn (Fig. 1, second rectification column 5, second rectification portion 50 (51, 52, 53), second column top portion 54; Col. 6, lines 22-24, a second column top portion 54 from which nitrogen gas (which may become a product) is drawn);
a third rectification column for rectifying argon, said third rectification column comprising a third bottom portion to which is introduced a crude argon feed gas drawn from an intermediate portion of the second rectification portion of the second rectification column, a third rectification portion for rectifying the crude argon feed gas, and a third column top portion in which argon is stored (Fig. 1, third rectification column 6, third column bottom portion 61, intermediate portion 51, third rectification portion 62, third column top portion 63; Col. 6, lines 25-34, The third rectification column 6 rectifies argon. The third rectification column 6 comprises: a third column bottom portion 61 to which is introduced a crude argon feed gas drawn from the intermediate portion 51 of the second rectification portion 50 (preferably a lower stage than a central position of the second rectification portion 50) of the second rectification column 5; a third rectification portion 62 for rectifying the crude argon feed gas; and a third column top portion 63 in which (gas-state and/or liquid-state) argon is stored; Col. 7, lines 22-27, An intermediate-portion drawing line L31 is a line for introducing, into the third column bottom portion 61 of the third rectification column 6, the crude argon feed gas drawn from the intermediate portion 52 of the second rectification portion 50 (preferably a lower stage than the central position of the second rectification portion 50));
a crude argon condenser, which is disposed above the third column top portion, configured to condense the argon in the third column top portion (Fig. 1, second condenser 7; Col. 6, lines 35-38, A second condenser 7 is disposed above the third column top portion 63. The second condenser 7 condenses the (gas-state and/or liquid-state) argon in the third column top portion 63);
a high-purity oxygen rectification column for rectifying high-purity oxygen, said high-purity oxygen rectification column comprising an oxygen column bottom portion having a high-purity oxygen reboiler disposed in a lower region thereof, an upper portion of an oxygen rectification portion to which is introduced an oxygen-rich liquid drawn from an intermediate portion of the third rectification portion of the third rectification column, and an oxygen column top portion from which an oxygen vaporized gas is drawn to be returned to the intermediate portion of the third rectification portion of the third rectification column (Fig. 1, high-purity oxygen rectification column 8, oxygen column bottom portion 81, high-purity oxygen vaporizer 9, oxygen rectification portion 82, oxygen column top portion 83, oxygen vaporized-gas drawing line L82; Col. 6, lines 39-50, The high-purity oxygen rectification column 8 rectifies ultra-high-purity oxygen. The high-purity oxygen rectification column 8 comprises: an oxygen column bottom portion 81 having a high-purity oxygen vaporizer 9 disposed in a lower region thereof; an oxygen rectification portion 82 to which is introduced an oxygen-rich liquid (intermediate-portion drawn liquid) drawn from an intermediate portion of the third rectification portion 62 of the third rectification column 6; and an oxygen column top portion 83 from which an oxygen vaporized gas is drawn to be returned to the intermediate portion of the third rectification portion 62 of the third rectification column 6; Col. , lines 13-17, An oxygen vaporized-gas drawing line L82 is a line for feeding oxygen vaporized gas drawn from the oxygen column top portion 83 to a higher stage than a drawing position of the intermediate-portion drawing line L62 of the rectification portion 62 of the third rectification column 6); and
a feed air introduction line configured to cause the feed air to pass through the main heat exchanger, and introduce the feed air into the first bottom portion of the first rectification column or into a lower region of the first rectification portion (Fig. 1, feed air introduction line L1; Col. 6, lines 5-8, Feed air passes through the heat exchanger 1 via a feed air introduction line L1 and is supplied to a first column bottom portion 21 (or a first rectification portion 22) of the first rectification column (intermediate-pressure column) 2), wherein
a portion of product nitrogen is used as a heat source in the high-purity oxygen reboiler (Fig. 1, compressed recycled gas line L52; Col. 7, lines 34-37, A compressed recycled gas line L52 introduces product nitrogen gas compressed by the first compressor 10 into a warm end (heat source) of the ultra-high-purity oxygen vaporizer 9 as compressed recycled gas).
However, Hirose as modified does not disclose a portion of the feed air is used as a heat source in the high-purity oxygen reboiler.
Golubev teaches a portion of the feed air is used as a heat source in the high-purity oxygen reboiler (Fig. 1, line 27, cold feed air 26, part 25, sump evaporator 8, pure oxygen column 5, liquid air 34; Fig. 2, liquid air 34; liquid 235; Pg. 4, Atmospheric air AIR is drawn in via a line 27 and a filter 28 from a main air compressor and brought there to a pressure of about 6 bar. The compressed air is cooled in a pre-cooler, which is formed here by a direct contact cooler, and cleaned in a cleaning device, which is formed by a pair of switchable molecular sieve adsorber. The purified high-pressure air 32 is introduced into a main heat exchanger 33 and cooled there to about dew point. The cold feed air 26 flows in gaseous form into the high-pressure column 1 via line 77. A part 25 is used in this embodiment for heating the sump of the pure oxygen column 5; Pg. 5, FIG. 2 is different from this FIG. 1 in that the low-pressure column 3 has an additional mass transfer section between the residual gas outlet 69 and the liquid feed 45. The liquid air 34/235 from the liquefaction space of the bottom evaporator 8 of the pure oxygen column 5 is introduced here into the intermediate point which is thus created).
Hirose fails to teach a portion of the feed air is used as a heat source in the high-purity oxygen reboiler, however Golubev teaches that it is a known method in the art of air separation units to include a portion of the feed air is used as a heat source in the high-purity oxygen reboiler. This is strong evidence that modifying Hirose as claimed would produce predictable results (i.e. utilizing waste heat of internal streams to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hirose by Golubev and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of utilizing waste heat of internal streams to improve overall system efficiencies.
Regarding claim 3, Hirose as modified discloses the air separation unit according to Claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising a first heat source introduction line which branches from the feed air introduction line, is used for a heat source in the high-purity oxygen reboiler, and leads into a rectification portion of the second rectification column, wherein the feed air which is used as a heat source in the high-purity oxygen reboiler is introduced into an intermediate portion of the second rectification portion of the second rectification column (Golubev, Fig. 1, line 27, cold feed air 26, part 25, sump evaporator 8, pure oxygen column 5, liquid air 34; Fig. 2, low-pressure column 3, liquid air 34; liquid 235; Pg. 4, Atmospheric air AIR is drawn in via a line 27 and a filter 28 from a main air compressor and brought there to a pressure of about 6 bar. The compressed air is cooled in a pre-cooler, which is formed here by a direct contact cooler, and cleaned in a cleaning device, which is formed by a pair of switchable molecular sieve adsorber. The purified high-pressure air 32 is introduced into a main heat exchanger 33 and cooled there to about dew point. The cold feed air 26 flows in gaseous form into the high-pressure column 1 via line 77. A part 25 is used in this embodiment for heating the sump of the pure oxygen column 5; Pg. 5, FIG. 2 is different from this FIG. 1 in that the low-pressure column 3 has an additional mass transfer section between the residual gas outlet 69 and the liquid feed 45. The liquid air 34/235 from the liquefaction space of the bottom evaporator 8 of the pure oxygen column 5 is introduced here into the intermediate point which is thus created). Further, the limitations of claim 3 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 5, Hirose as modified discloses a method for producing argon and ultra-high-purity oxygen (see the combination of references used in the rejection of claim 1 above), the method comprising the steps of:
providing the air separation unit of Claim 1 (see the combination of references used in the rejection of claim 1 above); and
using a portion of the feed air, which has passed through the main heat exchanger, as a heat source in the high-purity oxygen reboiler (Golubev, Fig. 1, line 27, cold feed air 26, part 25, sump evaporator 8, pure oxygen column 5, liquid air 34; Fig. 2, low-pressure column 3, liquid air 34; liquid 235; Pg. 4, Atmospheric air AIR is drawn in via a line 27 and a filter 28 from a main air compressor and brought there to a pressure of about 6 bar. The compressed air is cooled in a pre-cooler, which is formed here by a direct contact cooler, and cleaned in a cleaning device, which is formed by a pair of switchable molecular sieve adsorber. The purified high-pressure air 32 is introduced into a main heat exchanger 33 and cooled there to about dew point. The cold feed air 26 flows in gaseous form into the high-pressure column 1 via line 77. A part 25 is used in this embodiment for heating the sump of the pure oxygen column 5; Pg. 5, FIG. 2 is different from this FIG. 1 in that the low-pressure column 3 has an additional mass transfer section between the residual gas outlet 69 and the liquid feed 45. The liquid air 34/235 from the liquefaction space of the bottom evaporator 8 of the pure oxygen column 5 is introduced here into the intermediate point which is thus created; As best understood, see 112(b) rejections above). Further, the limitations of claim 3 are the result of the modification of references used in the rejection of claim 1 above.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hirose as modified by Golubev as applied to claim 1 above, and further in view of Erickson (US Patent No. 4,854,954), hereinafter Erickson.
Regarding claim 2, Hirose as modified discloses the air separation unit according to Claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Hirose as modified does not disclose further comprising an upper rectification portion disposed above the crude argon condenser, wherein a portion of an oxygen-rich liquid introduced from the first bottom portion of the first rectification column is introduced into an upper portion of the upper rectification portion and oxygen in the oxygen-rich liquid is rectified.
Erickson teaches further comprising an upper rectification portion disposed above the crude argon condenser, wherein a portion of an oxygen-rich liquid introduced from the first bottom portion of the first rectification column is introduced into an upper portion of the upper rectification portion and oxygen in the oxygen-rich liquid is rectified (Fig. 7, argon side arm 704, contact zone 732, reflux condenser 722, rectifier 701, valve 712; Col. 8, lines 25-29, Liquid feed to column 702 is preferably split into one fraction for direct feed through valve 711, and another fraction for indirect feed accompanied by at least partial evaporation through valve 712; Col. 9, lines Sidearm 704 is refluxed at the overhead by reflux condenser 722, which together with contact zone 723 and control valves 724 and 725 converts the kettle liquid from valve 712 into two fluid streams of differing composition for feeding to different heights of column 702).
Hirose as modified fails to teach an upper rectification portion disposed above the crude argon condenser, wherein a portion of an oxygen-rich liquid introduced from the first bottom portion of the first rectification column is introduced into an upper portion of the upper rectification portion and oxygen in the oxygen-rich liquid is rectified, however Erickson teaches that it is a known method in the art of air separation units to include an upper rectification portion disposed above the crude argon condenser, wherein a portion of an oxygen-rich liquid introduced from the first bottom portion of the first rectification column is introduced into an upper portion of the upper rectification portion and oxygen in the oxygen-rich liquid is rectified. This is strong evidence that modifying Hirose as modified as claimed would produce predictable results (i.e. improving argon recovery while utilizing waste heat of internal streams to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hirose as modified by Erickson and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving argon recovery while utilizing waste heat of internal streams to improve overall system efficiencies.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hirose as modified by Golubev Erickson as applied to claim 2 above, and further in view of Erickson (US Patent No. 4,817,394), hereinafter Erickson ‘394.
Regarding claim 4, Hirose as modified discloses the air separation unit according to Claim 2 (see the combination of references used in the rejection of claim 2 above).
However, Hirose as modified does not disclose further comprising a second heat source introduction line which branches from the feed air introduction line, is used for a heat source in the high-purity oxygen reboiler, and leads into an upper region of the upper rectification portion, wherein the feed air which is used as a heat source in the high-purity oxygen reboiler is introduced into the upper rectification portion.
Erickson ‘394 teaches further comprising a second heat source introduction line which branches from the feed air introduction line, is used for a heat source in an oxygen reboiler, and leads into an upper region of the upper rectification portion, wherein the feed air which is used as a heat source in the oxygen reboiler is introduced into the upper rectification portion (Fig. 1, LOX evaporator 21, condenser 23, phase separator 24, valve 11, counter-current vapor-liquid contact 18, argon rectifier 14; Col. 4, lines 6-11 and 24-40, Supply air, after compression to about 5.5 ATA (atmospheres absolute) and cleaning of H2O, CO2, and other impurities, is split and the majority is cooled in main heat exchanger 4 to near the dewpoint and supplied to partial condenser 23, which is one part of liquid oxygen evaporator 21… At least the unevaporated portion of the partially condensed air from condenser 23 is fed to HP rectifier 2; optional phase separator 24 may be used to separate out the liquid fraction, which is combined with the oxygen enriched bottom liquid (kettle liquid) from rectifier 2 and then fed to column 1, preferably having been partially evaporated first. Most preferably, the kettle liquid is cooled in cooler 9, then split with part fed to column 1 as liquid via valve 12, and the remainder supplied to the means for overhead refluxing of sidearm 14 via valve 11. The means for refluxing the overhead of argon rectifier 14 is comprised of overhead reflux condenser 13, plus a zone of counter-current vapor-liquid contact 18 (approximately one theoretical stage) having vapor withdrawal points both above and below the contractor).
Hirose fails to teach a second heat source introduction line which branches from the feed air introduction line, is used for a heat source in the high-purity oxygen reboiler, and leads into an upper region of the upper rectification portion, wherein the feed air which is used as a heat source in the high-purity oxygen reboiler is introduced into the upper rectification portion, however Golubev teaches that it is a known method in the art of air separation units to include comprising a second heat source introduction line which branches from the feed air introduction line, is used for a heat source in an oxygen reboiler, and leads into an upper region of the upper rectification portion, wherein the feed air which is used as a heat source in the oxygen reboiler is introduced into the upper rectification portion. This is strong evidence that modifying Hirose as claimed would produce predictable results (i.e. utilizing waste heat of internal streams to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hirose by Golubev and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of utilizing waste heat of internal streams to improve overall system efficiencies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lynch et al. (US Patent No. 5,682,765) discloses using a portion of a feed air stream in column reboilers and then as a reflux stream in an ASU.
Lochner (US 20240377131) discloses a similar ASU that uses a portion of the feed air as a heat source in the high-purity oxygen reboiler.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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/DEVON MOORE/Examiner, Art Unit 3763 August 04th, 2026
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