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 .
35 USC 102 rejections
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by US 9523312 (Allam).
Regarding independent claim 1, Allam discloses a method of generating power, comprising: receiving hydrocarbon fuel and oxygen in a combustion chamber (on column 14, lines 46-50 disclose that combustor 1 combusts the natural gas fuel (a type of hydrocarbon fuel) with oxygen and a recycled CO2 fluid); causing of combustion of the hydrocarbon fuel in the combustion chamber using the oxygen to generate mixed working gas; supplying the mixed working gas to an expander 2 to generate power; and receiving the mixed working gas from the expander 2 into a closed reservoir 21 to increase a pressure of the closed reservoir.
Regarding claim 2, Allam discloses receiving liquid CO2 in the combustion chamber1 from the closed reservoir 21 to mix the hydrocarbon fuel and the oxygen with the liquid CO2 in the combustion chamber, the closed reservoir being pressurized, and wherein causing combustion of the hydrocarbon fuel in the combustion chamber generates combustion gas, the combustion gas vaporizing and mixing with the liquid CO2 to generate the mixed working gas (column 16, lines 36-43 disclose “The pressurized sub-cooled CO.sub.2 recycle stream 23 at a temperature of about −43° C. is then heated in the CO.sub.2 liquefier heat exchanger 21 to a temperature of about 5.5° C. The high pressure recycle CO.sub.2 stream 68 is heated to a temperature of about 25° C. in a supplemental CO.sub.2 heat exchanger 66 to form a pre-heated high pressure recycle CO.sub.2 stream 67”).
35 USC 103 rejections
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.
Claim 3 is rejected under 35 U.S.C. § 103(a) as being unpatentable over US 9523312 (Allam) in view of US 2020/0157975 (Akhtar). Allam teaches all the claimed subject matter as set forth above in the rejection of claim 1, but still does not teach supplying fluids from the closed reservoir to a second expander to reduce pressure in the closed reservoir and to generate power. Akhtar teaches that a closed reservoir 24 with CO2 liquid downstream of an expander 23 is recycled to drive two expanders 13, 23 through compressor 26, heat exchanger 12 and to generate power. It would have been obvious at the time the invention was made to a person having ordinary skill in the art to use the recycled fluid of Allam to drive two separate expanders as taught by Akhtar for the purpose of generating extra energy.
Claim 6 is rejected under 35 U.S.C. § 103(a) as being unpatentable over US 9523312 (Allam) in view of US 2012/0088850 (Rabovitser). Allam teaches all the claimed subject matter as set forth above in the rejection of claim 1, but still does not teach mixing combustion gas generated in a booster combustion chamber with the mixed working gas, upstream of the expander. Rabovitser teaches that a booster combustor 11 can be used upstream of an expander 12 to provide higher driving power. It would have been obvious at the time the invention was made to a person having ordinary skill in the art to provide a booster combustor in Allam as taught by Rabovitser for the purpose of providing more driving power.
Claim 9 is rejected under 35 U.S.C. § 103(a) as being unpatentable over US 9523312 (Allam) in view of US 2022/0212141 (Younes). Allam teaches all the claimed subject matter as set forth above in the rejection of claim 1, but still does not teach separating liquid CO2 from gaseous CO2 in the closed reservoir by density stratification. Younes teaches that density stratification can be used in a separating chamber to separate the fluids more effectively (paragraph 60). It would have been obvious at the time the invention was made to a person having ordinary skill in the art to use density stratification to separate the fluids in Allam as taught by Younes for the purpose of separating the fluids more effectively.
Obviousness Double Patenting Rejections
Claims 1, 3, 4, 6, 7, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14, 17, 18, 13, 14, respectively, of U.S. Patent No. 12,258,886. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons.
Claims-matching table:
Claims of US 12,258,886
Claims of this application
1. A gas generator, comprising: a first fluid chamber connected to a supply of a first fluid to receive a first portion of the first fluid; a second fluid chamber connected to the supply of the first fluid to receive a second portion of the first fluid; a first combustion chamber connected to a supply of a second fluid to receive a first portion of the second fluid; a second combustion chamber connected to the supply of the second fluid to receive a second portion of the second fluid; a first piston disposed in the first fluid chamber and coupled to the first combustion chamber for reciprocating motion between the first fluid chamber and the first combustion chamber, the first piston being actuatable to expand the first combustion chamber by combustion in the first combustion chamber; and a second piston disposed in the second fluid chamber and coupled to the second combustion chamber for reciprocating motion between the second fluid chamber and the second combustion chamber, the second piston being actuatable to expand the second combustion chamber by combustion in the second combustion chamber, the second piston mechanically coupled to the first piston for actuation of the first piston by combustion of the second portion of the second fluid in the second combustion chamber to displace the first portion of the first fluid out of the first fluid chamber into the second combustion chamber while expelling gas in the first combustion chamber, and for actuation of the second piston by combustion of the first portion of the second fluid in the first combustion chamber to displace the second portion of the first fluid out of the second fluid chamber into the first combustion chamber while expelling gas in the second combustion chamber.
11. A system of generating power, comprising: a gas generator as defined in claim 1; a reservoir including liquid CO.sub.2; and an expander fluidly connected to the gas generator to receive the gas expelled from the first combustion chamber and the second combustion chamber to generate shaft power using the gas, the expander fluidly connected to the reservoir to supply fluids exhausted from the expander to the reservoir.
13. The system of generating power of claim 11, further comprising: a booster combustion chamber fluidly connected to the gas generator to receive and heat the gas expelled from the first combustion chamber and the second combustion chamber, the booster combustion chamber fluidly connected to the expander to supply heated gas for generating power, the booster combustion chamber supplied with hydrocarbon fuel and oxygen for combustion to heat the gas.
14. The system of generating power of claim 13, further comprising: a heat exchanger configured to receive fluids exhausted from the expander for cooling the fluids to generate liquid CO.sub.2 to be supplied to the reservoir, the gas expelled from the first combustion chamber and the second combustion chamber being preheated using heat from the heat exchanger before being supplied to the booster combustion chamber.
1. A method of generating power, comprising: receiving hydrocarbon fuel and oxygen in a combustion chamber; causing of combustion of the hydrocarbon fuel in the combustion chamber using the oxygen to generate mixed working gas; supplying the mixed working gas to an expander to generate power; and receiving the mixed working gas from the expander into a closed reservoir to increase a pressure of the closed reservoir.
17. The system of generating power of claim 11, wherein the expander is a first expander, further comprising: a second expander fluidly connected to the reservoir to receive CO.sub.2 therefrom to relieve excess pressure in the reservoir and to generate power.
3. The method of generating power of claim 1, further comprising: supplying fluids from the closed reservoir to a second expander to reduce pressure in the closed reservoir and to generate power.
18. The system of generating power of claim 17, further comprising: a fuel reservoir, the second fluid including fuel from the fuel reservoir, the power generated by the second expander being used to pressurize the fuel in the fuel reservoir.
4. The method of generating power of claim 3, further comprising: using the power generated by the second expander to pressurize at least one of the hydrocarbon fuel and the oxygen upstream of the combustion chamber.
13. The system of generating power of claim 11, further comprising: a booster combustion chamber fluidly connected to the gas generator to receive and heat the gas expelled from the first combustion chamber and the second combustion chamber, the booster combustion chamber fluidly connected to the expander to supply heated gas for generating power, the booster combustion chamber supplied with hydrocarbon fuel and oxygen for combustion to heat the gas.
6. The method of generating power of claim 1, further comprising:
mixing combustion gas generated in a booster combustion chamber with the mixed working gas, upstream of the expander.
14. The system of generating power of claim 13, further comprising: a heat exchanger configured to receive fluids exhausted from the expander for cooling the fluids to generate liquid CO.sub.2 to be supplied to the reservoir, the gas expelled from the first combustion chamber and the second combustion chamber being preheated using heat from the heat exchanger before being supplied to the booster combustion chamber.
7. The method of generating power of claim 6, further comprising:
using heat from the mixed working gas, upstream of the closed reservoir and downstream of the expander, to preheat the mixed working gas upstream of the booster combustion chamber.
Anticipation:
Based on the claim-matching table above, US 12,258,886 anticipates the claimed subject matter of this application. The claims of the patent recite more elements than in this application and therefore the claims of this application should be rejected under obviousness double patenting rejection. In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993).
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Allowable Subject Matter and Reasons For Allowance
Claims 5, 8, 10, 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.
In claim 5, the recitation of “using the power generated by the second expander to drive a pump to draw the hydrocarbon fuel from a fuel reservoir into the combustion chamber; drawing the oxygen from an oxidizer reservoir into the combustion chamber, the oxidizer reservoir being pressurized relative to the combustion chamber”; in claim 8, the recitations of “using pressure swing adsorption to generate the oxygen from air; supplying the oxygen to an oxidizer reservoir, the oxidizer reservoir being pressurized relative to the combustion chamber; and drawing the oxygen from the oxidizer reservoir into the combustion chamber”; in claim 10, the recitations of “the closed reservoir being pressurized, the method further comprising: receiving hydrocarbon fuel and oxygen in a second combustion chamber; causing combustion of the hydrocarbon fuel in the second combustion chamber using the oxygen in the second combustion chamber to generate a second portion of mixed working gas; receiving liquid CO2 in a first fluid chamber from the closed reservoir; receiving liquid CO2 in a second fluid chamber from the closed reservoir;”, as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 5, 8, 10, are neither disclosed by a single prior art reference nor rendered obvious by a combination of prior art references. Thus, claims 5, 8, 10 and their dependent claims are allowable.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ford discloses a system for extracting energy using plural expanders.
Conclusions
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Examiner Nguyen whose telephone number is (571) 272-4861. The examiner can normally be reached on Monday--Thursday from 9:00 AM to 7:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi, can be reached on (571) 270-7878.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG M NGUYEN/Primary Examiner, Art Unit 3746
HOANG NGUYEN
PRIMARY EXAMINER
ART UNIT 3746
Hoang Minh Nguyen
1/5/2026