FINAL REJECTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed 09/17/2025 has been entered. Claims 3-5 were cancelled. Claim 21 is newly added. Claims 1, 2, 6-21 remain pending in the application. Applicant’s amendments to the Drawings, Specification and Claims have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 06/20/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 21 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 21 recites “introducing a mixture consisting essentially of a hydrocarbon fuel and O2 (oxygen) to the partial oxidation unit”. No where in the instant disclosure is it described that a mixture “consisting essentially of” hydrocarbon fuel and O2 is introduced into the partial oxidation unit (POX unit). The written description only broadly describes hydrocarbon fuel being partially combusted in the POX unit (Para. 0061) and oxygen being used in the POX unit (Para. 0052), without excluding other substances being present in the reaction. The specification also only describes “partial combustion” as using hydrocarbon fuel and oxygen, but does not use the phrase “consisting essentially of” in describing them (Para. 0038). Consequently the claim encompasses NEW MATTER. If applicant believes the limitation is supported by the written description, they are invited to provide a clear citation of where the support can be found.
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.
Claims 1, 2, 6-10, 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Callahan (US 2023/0340914, cited in the previous office action) in view of Lednor (US 5,628,931).
Regarding independent claim 1, Callahan discloses a method for generating clean energy, the method comprising:
providing a combustion gas stream 1b (a syngas feed, Fig. 2, Para. 0058) from oxidation of a hydrocarbon fuel 3a (natural gas, Para. 0014) and oxygen (Para. 0057), the combustion gas stream comprising hydrogen and carbon monoxide (CO) (Para. 0058, “syngas feed 1b can comprise H.sub.2, CO.sub.2, CO, CH.sub.4 and H.sub.2O in the following amounts. The H.sub.2 content can be about 20-65%. The CO.sub.2 content can be about 2-25%. The CO content can be about 20-60%”);
completely combusting (in the oxyfuel combustor 5, Para. 0065) at least a portion of the CO (CO that has been separated from the combustion gas stream 1b via separator 2 into a stream 3, Para. 0059), and providing a source of carbon dioxide (CO2) working fluid 9 (a “sub-critical CO2” stream from the combustor 5, Para. 0065-67);
at least partially separating the CO from the hydrogen (via a separator 2, into a hydrogen stream 27 and a CO stream 3, Para. 0061, Fig. 2);
at least partially capturing and/or storing the hydrogen (via separator 2, at least some of the hydrogen in the combustion gas stream 1b is captured via membrane separation 2a, Para. 0061; the hydrogen can then be sent to other processes for other uses, Para. 0068-69; the “and/or” in the claim does not require storing actually occur);
coupling the source of the CO2 working fluid to an energy generating device 10 (“expansion section” Para. 0066, “sub-critical CO2 turbine”) and using said source of CO2 working fluid to generate energy (the electricity generator 12 is driven by an expansion section 10 that is driven by the CO2 working fluid 9, Para. 0066; the exhaust 13, containing the CO2 fluid from the expansion section, then enters a heat recover steam generator (HRSG) 14, which generates steam13b that drives a steam turbine 15 that also drives a generator 15a, Para. 0066; hence “clean” energy is generated by using the source of CO2 working fluid); and
sequestering at least a portion of the CO2 working fluid (Para. 0067, “Compressed and cooled sub-critical CO.sub.2 stream 21 is then circulated for at least partial capture in stream 22 and recirculation in stream 34 and then forwarded back to oxyfuel combustor means 5. As shown in FIG. 2, at least a first portion 34 of recycle stream 21 is recycled to oxyfuel combustor means 5 and a second portion 22 is captured for storage or further use, for example, in enhanced oil recovery.”).
Callahan fails to disclose the providing a combustion gas is from partial combustion of a hydrocarbon fuel and oxygen in a partial oxidation unit.
Callahan does disclose the conversion of natural gas/hydrocarbon fuel 3a to a syngas can occur through processes that include autothermal reforming and steam reforming, which can include steps of partial oxidation of methane, and a “catalytic version of partial oxidation (CPO)” (Para. 0057).
Lednor (one of the references cited by Callahan in Para. 0057) teaches a process for preparation of hydrogen and CO by autothermal reforming that comprises “partial oxidation of a gaseous hydrocarbon feed in a partial oxidation zone” or “partial oxidation stage” (Abstract, Col. 3, ln. 27-29; Col. 5, ln. 2-7, “the present invention relates to a process for the preparation of a gaseous mixture containing hydrogen and carbon monoxide by autothermal reforming, comprising (i) partial oxidation of a gaseous hydrocarbon feed in a partial oxidation zone”; Col. 5, ln. 16-21, “It is preferred to supply part of the required heat by preheating the gaseous hydrocarbon feed source, before the gaseous hydrocarbon feed is introduced in the partial oxidation zone. Also, the oxidant may be preheated. The preheated streams are subsequently passed to the partial oxidation zone, usually via a burner”; Col. 43-45, “The effluent from the partial oxidation zone typically comprises large amounts of hydrogen and carbon monoxide, e.g. of about 50 and 30 mol %, respectively”; the partial oxidation zone is followed by a catalytic reforming zone for further reacting to produce a hydrogen and carbon monoxide rich stream, see Tables 1 & 2; the “partial oxidation zone” can be broadly interpreted as being a “partial oxidation unit” that is part of the overall reformer).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have utilized in the method of Callahan, the autothermal reforming step that includes a partial oxidation zone/unit that partially combusts a hydrocarbon fuel gas with oxygen to obtain a combustion gas stream that comprises hydrogen and carbon monoxide, as taught by Lednor, in order to provide a partial combustion reaction of the hydrocarbon fuel and oxygen to produce hydrogen and carbon monoxide while suppressing “reverse formation of methane and water”, such that the effluent from the partial oxidation unit can be further processed in a catalytic reforming zone/unit utilizing heat already available in the effluent from the partial oxidation zone (Lednor Col. 5, ln. 2-67). Callahan already cites Lednor as teaching an example of the types of reactions that can be used to process the hydrocarbon fuel and oxygen into a syngas containing hydrogen and carbon monoxide (Callahan Para. 0057, e.g. autothermal reforming), and consequently, one skilled in the art would be motivated to apply the teachings of Lednor to the method of Callahan to produce the syngas stream having hydrogen and carbon monoxide. Note, the claim does not preclude other steps of reforming from occurring in the method, such as subsequent reaction in a catalytic reforming zone receiving effluent from the partial oxidation unit. Since a step of partial combustion of hydrocarbon fuel and oxygen to provide a combustion gas stream having at least hydrogen and carbon monoxide (CO) in a “partial oxidation unit” is present, the art reads on the claim. See Response to Arguments below.
Regarding claim 2, Callahan in view of Lednor teaches the method of claim 1, and Callahan further teaches wherein the method is partially closed loop or closed loop (Fig. 2, a portion of the CO2 working fluid is recirculated as stream 34 back to the compressor 11 of gas turbine engine 34a, hence partially closed loop, Para. 0065).
Regarding claim 6, Callahan in view of Lednor teaches the method of claim 1, and Callahan further teaches coupling the source of the CO2 working fluid 9 to at least one turbine 10 (Para. 0066, “sub-critical CO2 turbine”).
Regarding independent claim 7, Callahan discloses a system for generating clean energy (Fig. 2), the system comprising:
in a reactor 1a (syngas conversion reactor having an autothermal reforming process, Para. 0057; see the listed example patents regarding autothermal reactors), reacting a hydrocarbon fuel 3a (natural gas) and providing a combustion gas stream 1b comprising an amount of hydrogen and an amount of carbon monoxide (CO) therefrom (Para. 0058, “syngas feed 1b can comprise H.sub.2, CO.sub.2, CO, CH.sub.4 and H.sub.2O in the following amounts. The H.sub.2 content can be about 20-65%. The CO.sub.2 content can be about 2-25%. The CO content can be about 20-60%”);
in an oxy-combustor 5, completely combusting at least a portion of the amount of CO and providing a carbon dioxide (CO2) working fluid (Para. 0065-66);
at least partially separating the CO from the hydrogen [functional language] (via a separator 2, into a hydrogen stream 27 and a CO stream 3, Para. 0061, Fig. 2; note, the claim is not reciting what structural element is “partially separating” the CO from the hydrogen; the system of Callahan is capable of performing this recited function, since they disclose a separator 2);
at least partially capturing and/or storing the hydrogen [functional language] (via separator 2, at least some of the hydrogen in the combustion gas stream 1b is captured via membrane separation 2a, Para. 0061; the hydrogen can then be sent to other processes for other uses, Para. 0068-69; note, the claim does not describe what structural element is “capturing the hydrogen”; the system of Callahan is capable of performing the recited function, since they teach the separator 2 providing a captured hydrogen stream 27; the term “and/or” in the claim does not require storing actually occur);
using said CO2 working fluid in an energy generating device 10 (“expansion section” Para. 0066, “sub-critical CO2 turbine”) to generate energy [functional language] (the electricity generator 12 is driven by an expansion section 10 that is driven by the CO2 working fluid 9; the exhaust 13, containing the CO2 fluid from the expansion section, then enters a heat recover steam generator (HRSG) 14, which generates steam 13b that drives a steam turbine 15 that also drives a generator 15a, Para. 0066; hence “clean” energy is generated by using the source of CO2 working fluid);
sequestering at least a portion of the CO2 working fluid (Para. 0067, “Compressed and cooled sub-critical CO.sub.2 stream 21 is then circulated for at least partial capture in stream 22 and recirculation in stream 34 and then forwarded back to oxyfuel combustor means 5. As shown in FIG. 2, at least a first portion 34 of recycle stream 21 is recycled to oxyfuel combustor means 5 and a second portion 22 is captured for storage or further use, for example, in enhanced oil recovery.”).
Callahan fails to disclose the reactor is a partial oxidation unit partially combusting the hydrocarbon fuel and oxygen to provide the combustion gas stream comprising an amount of hydrogen and an amount of carbon monoxide.
Callahan does disclose the conversion of natural gas/hydrocarbon fuel 3a to a syngas can occur through processes that include autothermal reforming and steam reforming, which can include steps of partial oxidation of methane, and a “catalytic version of partial oxidation (CPO)” (Para. 0057).
Lednor (one of the references cited by Callahan in Para. 0057) teaches a process for preparation of hydrogen and CO by autothermal reforming that comprises “partial oxidation of a gaseous hydrocarbon feed in a partial oxidation zone” or “partial oxidation stage” (Abstract, Col. 3, ln. 27-29; Col. 5, ln. 2-7, “the present invention relates to a process for the preparation of a gaseous mixture containing hydrogen and carbon monoxide by autothermal reforming, comprising (i) partial oxidation of a gaseous hydrocarbon feed in a partial oxidation zone”) that combusts a hydrocarbon fuel and oxygen to provide a combustion gas stream having an amount of hydrogen and carbon monoxide (Col. 5, ln. 16-21, “It is preferred to supply part of the required heat by preheating the gaseous hydrocarbon feed source, before the gaseous hydrocarbon feed is introduced in the partial oxidation zone. Also, the oxidant may be preheated. The preheated streams are subsequently passed to the partial oxidation zone, usually via a burner”; Col. 43-45, “The effluent from the partial oxidation zone typically comprises large amounts of hydrogen and carbon monoxide, e.g. of about 50 and 30 mol %, respectively”; the partial oxidation zone is followed by a catalytic reforming zone for further reacting to produce a hydrogen and carbon monoxide rich stream, see Tables 1 & 2; the “partial oxidation zone” can be broadly interpreted as being a “partial oxidation unit” that is part of the overall reformer).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have incorporated into the system of Callahan, the autothermal reformer that includes a partial oxidation zone/unit that can partially combust the hydrocarbon fuel gas and oxygen to obtain a combustion gas stream that comprises hydrogen and carbon monoxide, as taught by Lednor, in order to provide a partial combustion reaction of the hydrocarbon fuel and oxygen to produce hydrogen and carbon monoxide while suppressing “reverse formation of methane and water”, such that the effluent from the partial oxidation unit can be further processed in a catalytic reforming zone/unit utilizing heat already available in the effluent from the partial oxidation zone (Lednor Col. 5, ln. 2-67). Callahan already cites Lednor as teaching an example of the types of reactions that can be used to process the hydrocarbon fuel and oxygen into a syngas containing hydrogen and carbon monoxide (Callahan Para. 0057, e.g. autothermal reforming), and consequently, one skilled in the art would be motivated to apply the teachings of Lednor to the method of Callahan to produce the syngas stream having hydrogen and carbon monoxide. Note, the claim does not preclude other steps of reforming from occurring in the method, such as subsequent reaction in a catalytic reforming zone receiving effluent from the partial oxidation unit. Since a partial oxidation zone/unit for partial combustion of hydrocarbon fuel and oxygen to provide a combustion gas stream having at least hydrogen and carbon monoxide (CO) in a “partial oxidation unit” is present, the art therefore reads on the claim. See Response to Arguments below
Regarding the functional language, it has been held that “While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.” In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); MPEP 2114. In this case, the system of Callahan is capable of performing the recited steps as discussed above.
Regarding claim 8, Callahan in view of Lednor teaches the system of claim 7, and Callahan further teaches wherein the system is partially closed loop or closed loop (Fig. 2, a portion of the CO2 working fluid is recirculated as stream 34 back to the compressor 11 of gas turbine engine 34a, hence partially closed loop, Para. 0065).
Regarding claim 9, Callahan in view of Lednor teaches the system of claim 7, and Callahan further teaches further comprising an air separating unit 6 (Fig. 2, Para. 0065), wherein the air separating unit is coupled to one or both of the partial combustor and oxy-combustor 5 (Fig. 2, coupled to the oxy-combustor 5 via the compression section 11).
Regarding claim 10, Callahan in view of Lednor teaches the system of claim 7, and Callahan further teaches further comprising a separator unit 2, wherein the amount of CO is at least partially separated from the amount of hydrogen in the separator unit (into a CO stream 3 and hydrogen stream 27, Para. 0061, Fig. 2).
Regarding claim 12, Callahan in view of Lednor teaches the system of claim 7, and Callahan further teaches wherein the CO2 working fluid 9 is provided as a liquid, gas, in a supercritical state, or combination (as an exhaust gas, a “sub-critical CO2” Para. 0065-66).
Regarding claim 13, Callahan in view of Lednor teaches the system claim 7, and Callahan further teaches further comprising at least one expander unit 10 (“expansion section”) for receiving and expanding the source of CO2 working fluid (Fig. 2, Para. 0066).
Regarding claim 14, Callahan in view of Lednor teaches the system of claim 7, and Callahan further teaches further comprising at least one turbine coupled to the expander unit (Para. 0066, a “sub-critical CO2 turbine means”).
Regarding claim 15, Callahan in view of Lednor teaches the system of claim 7, and Callahan further teaches further comprising at least one carbon capture sequestration (CCS) unit 22 coupled to the expander unit 10 (Para. 0067, at least some of the CO2 downstream from the expander unit is “captured for storage or further use”).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Callahan in view of Lednor, further in view of Dunn (US 2005/0066813).
Regarding claim 11, Callahan in view of Lednor teaches the system of claim 7, and Callahan further teaches a CO separator unit 2 wherein the amount of CO is further separated from the combustion gas stream (Para. 0017, 0027, the separator separates CO from the separator feedstream to form a CO-rich stream; Para. 0064, the separator 2 generates a CO-rich stream 3 that can comprise up to 90-95% CO, with only small amounts of CO2 and trace contaminants remaining).
Callahan in view of Lednor fails to explicitly disclose a CO separator unit that further separates the amount of CO from CO2 present in the combustion gas stream.
Dunn teaches a carbon monoxide production system comprising reacting a hydrocarbon fuel 1 (natural gas) in a reactor A via partial combustion to produce a feed product gas (syngas) having CO, CO2, methane, and hydrogen (Para. 0018), the feed gas eventually being delivered to a separator unit I, where CO2 is removed from the feed gas to further separate CO from the CO2 in the feed gas stream (Para. 0019-0020), prior to further separation of the CO from the remainder of the fuel gas stream in a further separator P (Para. 0021-24).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have incorporated into the system of Callahan in view of Lednor, the CO separator unit for further separating the CO from the CO2 in the gas stream, as taught by Dunn, in order to provide further processing of the combustion gas stream to remove additional constituents from the CO delivered to the oxy-combustor, such as CO2, purifying the CO stream of Callahan and allowing separated constituents to be recycled to other parts of the system, improving efficiency (Dunn Para. 0012-14), while also permitting the use of the separated CO2 for recirculation to prior sections of the system (e.g. the partial combustion syngas reactor, Dunn Para. 0018). Callahan already desires a highly purified CO stream delivered to the oxy-combustor (Para. 0064, the separator 2 generates a CO-rich stream 3 that can comprise up to 90-95% CO, with only small amounts of CO2 and trace contaminants remaining), and one skilled in the art would know to incorporate additional CO separator units to remove other gases such as CO2 to provide a highly rich CO gas stream.
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Callahan (US 2020/0276535, henceforth Callahan 2020) in view of Lednor.
Regarding independent claim 16, Callahan 2020 discloses a method of generating power, the method comprising the steps of :
i) providing a partially combusted product stream 1b comprising H2 (hydrogen), CO (carbon monoxide), water with trace amounts of CO2 (carbon dioxide) (Para. 0064, “syngas feed 1b can comprise H.sub.2, CO.sub.2, CO, CH.sub.4 and H.sub.2O”);
ii) separating the H2 from the partially combusted product stream (via separator 2, Para. 0065, forming H2 rich stream 26) and capturing and storing the H2 (Para. 0076-0085, the hydrogen steam 26 can be captured and stored for the various uses listed);
iii) separating the CO from the partially combusted product stream (via separator 2, forming CO-rich stream 3, Para. 0065);
iv) oxidizing the CO from step iii) (via oxyfuel combustor 5, Para. 0071) and providing a rich CO2 stream 9 (Para. 0072-73);
v) compressing the rich CO2 stream (with compressor 18) and providing a compressed CO2 stream 20 (Para. 0074);
vi) elevating a temperature and a pressure of the compressed CO2 stream (using pump 21 and regenerative heat exchanger 13), and providing a high pressure, high temperature CO2 stream 24 (Para. 0074);
vii) expanding the high pressure, high temperature CO2 stream (using the supercritical CO2 turbine 10, which receives the high-pressure, high-temperature CO2 stream via the combustor 5 and stream 9) and providing a CO2 working fluid 12 (“turbine exhaust” Para. 0074);
viii) coupling the CO2 working fluid to an energy generating device (an electricity generator 11 coupled via the turbine 10, Para. 0073); and
ix) generating power (using the generator 11, Para. 0019, 0073).
Callahan 2020 fails to disclose the providing a partially combusted product stream is from partial combustion of a hydrocarbon fuel and O2 (oxygen) in a partial oxidation unit.
Callahan does disclose the conversion of natural gas/hydrocarbon fuel to a syngas 1b can occur through processes that include steam reforming (Para. 0063).
Lednor (one of the references cited by Callahan in Para. 0063) teaches a process for preparation of hydrogen and CO by autothermal reforming that comprises “partial oxidation of a gaseous hydrocarbon feed in a partial oxidation zone” or “partial oxidation stage” (Abstract, Col. 3, ln. 27-29; Col. 5, ln. 2-7, “the present invention relates to a process for the preparation of a gaseous mixture containing hydrogen and carbon monoxide by autothermal reforming, comprising (i) partial oxidation of a gaseous hydrocarbon feed in a partial oxidation zone”), wherein partial combustion of hydrocarbon fuel and oxygen occurs to produce an effluent gas having amounts of hydrogen, carbon monoxide, water (as steam), and carbon dioxide (Col. 5, ln. 16-21, “It is preferred to supply part of the required heat by preheating the gaseous hydrocarbon feed source, before the gaseous hydrocarbon feed is introduced in the partial oxidation zone. Also, the oxidant may be preheated. The preheated streams are subsequently passed to the partial oxidation zone, usually via a burner”; Col. 43-45, “The effluent from the partial oxidation zone typically comprises large amounts of hydrogen and carbon monoxide, e.g. of about 50 and 30 mol %, respectively and minor amounts of carbon dioxide, unconverted methane, steam and nitrogen”; the partial oxidation zone is followed by a catalytic reforming zone for further reacting to produce a hydrogen and carbon monoxide rich stream, see Tables 1 & 2; the “partial oxidation zone” can be broadly interpreted as being a “partial oxidation unit” that is part of the overall reformer).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have utilized in the method of Callahan 2020, the autothermal reforming step that includes a partial oxidation zone/unit that partially combusts a hydrocarbon fuel gas with oxygen to obtain a combustion gas stream that comprises hydrogen, carbon monoxide, carbon dioxide, and water, as taught by Lednor, in order to provide a partial combustion reaction of the hydrocarbon fuel and oxygen to produce hydrogen and carbon monoxide while suppressing “reverse formation of methane and water”, such that the effluent from the partial oxidation unit can be further processed in a catalytic reforming zone/unit utilizing heat already available in the effluent from the partial oxidation zone (Lednor Col. 5, ln. 2-67). Callahan already cites Lednor as teaching an example of the types of reactions that can be used to process the hydrocarbon fuel and oxygen into a syngas containing hydrogen and carbon monoxide (Callahan Para. 0063), and consequently, one skilled in the art would be motivated to apply the teachings of Lednor to the method of Callahan to produce the syngas stream having hydrogen, carbon monoxide, carbon dioxide, and water. Note, the claim does not preclude other steps of reforming from occurring in the method, such as subsequent reaction in a catalytic reforming zone receiving effluent from the partial oxidation unit. Since a step of partial combustion of hydrocarbon fuel and oxygen to provide a combustion gas stream having at least hydrogen and carbon monoxide (CO) in a “partial oxidation unit” is present, the art reads on the claim. See Response to Arguments below.
Regarding claim 17, Callahan 2020 in view of Lednor teaches the method of claim 16, and Callahan 2020 further teaches wherein the hydrocarbon fuel is natural gas (Para. 0064).
Regarding claim 18, Callahan 2020 in view of Lednor teaches the method of claim 16, and Callahan 2020 further teaches further comprising capturing and/or storing the H2 from step ii (the hydrogen stream 27 can be captured for use in other processes/systems, Para. 0076).
Regarding claim 19, Callahan 2020 in view of Lednor teaches the method of claim 16, and Callahan 2020 further teaches wherein the CO2 working fluid of step viii is coupled to at least one turbine 10 (the expansion section/supercritical CO2 turbine, Para. 0073, Fig. 2).
Regarding claim 20, Callahan 2020 in view of Lednor teaches the method of claim 16, and Callahan 2020 further teaches further comprising sequestering at least a portion of the rich CO2 stream, the CO2 working fluid, or both (a portion 22 of the CO2 working fluid is captured, Para. 0019, 0074).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Callahan in view of Lednor, further in view of Allam (US 2018/0128172).
Regarding claim 21, Callahan in view of Lednor teaches the method of claim 1, but fails to teach introducing a mixture consisting essentially of a hydrocarbon fuel and O2 (oxygen) to the partial oxidation unit.
Allam teaches a method for producing a combustion gas stream 222 having hydrogen and carbon monoxide, wherein a mixture consisting essentially of a hydrocarbon fuel 246 (natural gas) and O2 (oxygen) 221 to the partial oxidation unit 201 (Para. 0120, “The system has a partial oxidation (PDX) reactor 201 with a feed stream 221 of 99.5% pure O.sub.2 at 270° C. and a natural gas stream 246 at 500° C., both at 85 bar pressure. The PDX reactor 201 provides a product H.sub.2+CO stream 222 at 1446° C”).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the method of Callahan in view of Lednor, to utilize a partial oxidation unit that is fed a mixture consisting essentially of hydrocarbon fuel and oxygen, as taught by Allam, in order to use a partial oxidation unit that achieves the desired partial combustion reaction therein using only the hydrocarbon fuel and a stream of pure oxygen to generate a partially combusted stream of hydrogen and carbon monoxide (Allam Para. 0120), prior to the combustion gas stream entering a catalytic reformer to further reform the H2 and CO into a product stream (Allam Para. 0120, Fig. 2).
Response to Arguments
Applicant’s arguments with respect to independent claims 1, 7, 16 have been considered but are moot in view of the new grounds of rejection that was necessitated by Applicant’s amendment. However, to the extent possible, Applicant’s arguments have been addressed below and in the body of the rejections, at the appropriate locations.
Regarding the arguments towards the rejection of Claims 1 & 7 as anticipated by Callahan (US 2023/0340914) in the Remarks filed 09/17/2025, Pg. 6-8, applicant argues that Callahan is silent on a “partial oxidation unit”, as Callahan discuses use of a “steam methane reformer or an autothermal reformer” which are “not the structural equivalent of a partial oxidation unit” (Remarks Pg. 7). Applicant, based on the submitted Leveen Declaration, discusses structural and functional differences between a “partial oxidation unit” and an “autothermal reformer”, such as reaction temperature differences, and the role of steam in the reaction, and asserts that Callahan’s “autothermal reformer” fails to include the details of the “partial oxidation unit” as discussed in the Remarks and Declaration. While the submitted affidavit by Leveen discussing differences between a “partial oxidation unit” and an “autothermal reformer” is acknowledged and appreciated for clarifying differences between the types of reactors, it is noted that many of the discussed differences between the “partial oxidation unit” and an “autothermal reformer” are not explicitly disclosed or required in the claims. Consequently, features upon which applicant relies (i.e., operational temperatures of the partial oxidation unit, stoichiometric reaction, and combustion of only hydrocarbon fuel and oxygen with steam as a product and not a reagent) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The instant specification only describes the “partial oxidation unit” or POX unit as follows:
“the phrase “POX unit” is inclusive of its ordinary and customary meaning, for example, equipment or systems for carrying out partial combustion of a fuel, for example, a hydrocarbon fuel” (Specification Para. 0039).
Similarly, the instant disclosure’s definition of a “partial combustion” only broadly describes the use of “hydrocarbon or carbon-based fuel” and “oxygen and/or air” (Para. 0038) without precluding other substances being present in the reaction.
The claims only require that a partial combustion of hydrocarbon fuel and oxygen occur in the “partial oxidation unit” such that a combustion as steam is formed containing hydrogen and carbon monoxide (claims 1, 7, & 16). The claims do not preclude other reagents being present, or precludes other reforming units/steps (such as a catalytic reforming step) following the partial oxidation reaction such as in the autothermal reformer of Callahan or Lednor cited above. The current rejection under Callahan in view of Lednor teaches use of a partial oxidation unit (“partial oxidation zone”, taught by Lednor and acknowledged by Callahan Para. 0057) that is part of an autothermal reformer, such that partial combustion of hydrocarbon fuel and oxygen occurs, producing a combustion gas stream containing hydrogen and carbon monoxide (see rejection of claims 1 & 7 above). The “partial oxidation zone” of Lednor satisfies the definition of a “POX unit” as being “equipment or systems for carrying out partial combustion of a fuel” as described in the instant disclosure. Since the claim does not describe the details of the partial oxidation unit structure or operation, and since the teachings of Lednor incorporated into Callahan include partial combustion in a “partial oxidation unit” that satisfies the definition of a “POX unit” described in the instant disclosure, the combination reads on the claims. Similar argument applies to the rejection of independent claim 16 as unpatentable over Callahan 2020 in view of Lednor as presented in the rejection above. In short, the claim recitation of a “partial oxidation unit” can be read much broader than as presented in the applicant’s arguments.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mortensen (US 11,447,389 & US 2020/0290868), Agee (US 9,321,641) teaches a partial oxidation unit 10 that is fed hydrocarbon fuel 1, an oxygen containing stream 4, and steam 2.
Allam (US 11,506,122) is the patent of Allam (US 2018/0128172) cited above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ALAIN CHAU/Primary Examiner, Art Unit 3741