NON-FINAL OFFICE 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 under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/914,294, filed on 23 September, 2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 25 April, 2025 is being considered by the examiner.
Double Patenting
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.
Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19-28 and 30-43 of U.S. Patent No. 12,320,586 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of the instant application is patentably indistinct from the subject-matter of claim 19 of the reference application.
Claim 1 of the Instant Application
Claim 19 of the Reference Application
A plant for the refrigeration and liquefaction of hydrogen at cryogenic temperature, the plant comprising:
[A] a circuit of hydrogen to be cooled comprising an upstream end intended to be connected to a source of hydrogen and a downstream end connected to a cryogenic storage vessel configured to collect the cooled hydrogen;
[B] a first set of heat exchangers and a second set of heat exchangers arranged in series in heat exchange with the circuit of hydrogen to be cooled;
[C] a first cooling device in heat exchange with the first set of heat exchangers, the first cooling device comprising a refrigerator with a cycle of refrigeration of a first cycle gas;
[D] a second cooling device in heat exchange with the second set of heat exchangers, the second cooling device comprising a refrigerator with a cycle of refrigeration of a second cycle gas having a molar mass lower than 3 g/mol, the refrigerator of the second cooling device comprising, arranged in series in a cycle circuit: a member for compressing the second cycle gas, a heat exchanger for cooling the second cycle gas, one or more turbines or expansion valves in series and/or parallel for expanding the second cycle gas, and a member for reheating the expanded second cycle gas, the member for reheating the expanded second cycle gas being the second set of heat exchangers, the member for compressing the second cycle gas comprising at least one centrifugal compressor;
[E] a system for injection of at least one additional constituent having a molar mass of greater than 50 g/mol into the second cycle gas and mixing therewith before the second cycle gas enters the at least one centrifugal compressor;
[F] a member for purification of the mixture at the outlet of the compression member configured in order to remove the at least one additional constituent down to a predetermined residual content, the purification member being located upstream of the first set of heat exchangers and being configured to remove the at least additional constituent down to a residual content of less than 100 ppm upstream of the first set of heat exchangers, the purification member being a pressure swing adsorption (PSA) and/or temperature swing adsorption (TSA) system comprising at least two adsorbers; and
[G] a thermally insulated cold box harboring at least one of the first set of heat exchangers and the second set of heat exchangers, wherein the system for injecting and mixing an additional constituent and the purification member are located outside the thermally insulated cold box.
A plant for the refrigeration and liquefaction of hydrogen at cryogenic temperature, the plant comprising:
[A] a circuit of hydrogen to be cooled comprising an upstream end intended to be connected to a source of hydrogen and a downstream end connected to a cryogenic storage vessel configured to collect the cooled hydrogen;
[B] a first set of heat exchangers and a second set of heat exchangers arranged in series in heat exchange with the circuit of hydrogen to be cooled;
[C] a first cooling device in heat exchange with the first set of heat exchangers, the first cooling device comprising a refrigerator with a cycle of refrigeration of a first cycle gas;
[D] a second cooling device in heat exchange with the second set of heat exchangers, the second cooling device comprising a refrigerator with a cycle of refrigeration of a second cycle gas having a molar mass lower than 3 g/mol, the refrigerator of the second cooling device comprising, arranged in series in a cycle circuit: a member for compressing the second cycle gas, a heat exchanger for cooling the second cycle gas, one or more turbines or expansion valves in series and/or parallel for expanding the second cycle gas, and; a member for reheating the expanded second cycle gas, the member for reheating the expanded second cycle gas being the second set of heat exchangers, the member for compressing the second cycle gas comprising at least one centrifugal compressor;
[E] a system for injection of at least one additional constituent having a molar mass of greater than 50 g/mol into the second cycle gas and mixing therewith before the second cycle gas enters the at least one centrifugal compressor; and
[F] a member for purification of the mixture at the outlet of the compression member configured in order to remove the at least one additional constituent down to a predetermined residual content, the purification member being located upstream of the first set of heat exchangers and being configured to remove the at least additional constituent down to a residual content of less than 100 ppm upstream of the first set of heat exchangers, the purification member being a pressure swing adsorption (PSA) and/or temperature swing adsorption (TSA) system comprising at least two adsorbers; and
[G’] a thermally insulated cold box harboring the first set of heat exchangers and the second set of heat exchangers, wherein the system for injecting and mixing an additional constituent and the purification member are located outside the thermally insulated cold box.
The subject-matter of claim 1 of the instant application includes features [A]-[F] and [G]. The subject-matter of claim 19 of the reference application includes features [A]-[F] and [G’]. Feature [G’] is more specific than that of [G], and specifically [G’] requires both the first set and second set of heat exchangers are within the thermally insulated cold box. [G] only requires that at least one of the first set and second set of heat exchangers are within the thermally insulated cold box. However, the subject-matter of [G’] encompasses the subject-matter of [G], such that the claims, while not identical, are not patentably distinct from one another.
Claim 2 of the instant application is patentably indistinct from the subject-matter of claim 20 of the reference application.
Claim 2 of the Instant Application
Claim 20 of the Reference Application
The plant of claim 1 (features [A]-[F] and [G]),
[H] wherein the predetermined residual content is less than 10 ppm.
The plant of claim 19(features [A]-[F] and [G’]),
[H] wherein the predetermined residual content is less than 10 ppm
The subject-matter of claim 2 of the instant application includes feature [H]. The subject-matter of claim 20 of the reference application includes feature [H]. As such, the instant application is not patentably distinct from the reference application.
Claim 3 of the instant application is patentably indistinct from the subject-matter of claim 21 of the reference application.
Claim 3 of the Instant Application
Claim 21 of the Reference Application
The plant of claim 1 (features [A]-[F] and [G]),
[I] wherein the predetermined residual content is less than one ppm.
The plant of claim 19(features [A]-[F] and [G’]),
[I] wherein the predetermined residual content is less than one ppm.
The subject-matter of claim 3 of the instant application includes feature [I]. The subject-matter of claim 21 of the reference application includes feature [I]. As such, the instant application is not patentably distinct from the reference application.
Claim 4 of the instant application is patentably indistinct from the subject-matter of claim 22 of the reference application.
Claim 4 of the Instant Application
Claim 22 of the Reference Application
The plant of claim 3(features [A]-[F],[G], and [I]),
[J] wherein the purification member is non-cryogenic and configured in order to treat the gas to be purified at a temperature of greater than -50°C and the pressure swing adsorption (PSA) and/or temperature swing adsorption (TSA) system comprises two or three adsorbers.
The plant of claim 21(features [A]-[F],[G’], and [I]),
[J] wherein the purification member is noncryogenic and configured in order to treat the gas to be purified at a temperature of greater than -50°C and the pressure swing adsorption (PSA) and/or temperature swing adsorption (TSA) system comprises two or three adsorbers.
The subject-matter of claim 4 of the instant application includes feature [J]. The subject-matter of claim 22 of the reference application includes feature [J]. As such, the instant application is not patentably distinct from the reference application.
Claim 5 of the instant application is patentably indistinct from the subject-matter of claim 23 of the reference application.
Claim 5 of the Instant Application
Claim 23 of the Reference Application
The plant of claim 4(features [A]-[F],[G], and [I]-[J]),
[K] wherein each of the two or three adsorbers comprises at least one adsorbent material chosen from: zeolites, activated carbons, activated aluminas, and silica gels.
The plant of claim 22(features [A]-[F],[G’], and [I]-[J]),
[K] wherein each of the two or three adsorbers comprises at least one adsorbent material chosen from: zeolites, activated carbons, activated aluminas, and silica gels.
The subject-matter of claim 5 of the instant application includes feature [K]. The subject-matter of claim 23 of the reference application includes feature [K]. As such, the instant application is not patentably distinct from the reference application.
Claim 6 of the instant application is patentably indistinct from the subject-matter of claim 24 of the reference application.
Claim 6 of the Instant Application
Claim 24 of the Reference Application
The plant of claim 1 (features [A]-[F] and [G]),
[L] wherein the centrifugal compressor comprises 4-12 compressor wheels.
The plant of claim 19 (features [A]-[F] and [G’]),
[L] wherein the centrifugal compressor comprises 4-12 compressor wheels.
The subject-matter of claim 6 of the instant application includes feature [L]. The subject-matter of claim 24 of the reference application includes feature [L]. As such, the instant application is not patentably distinct from the reference application.
Claim 7 of the instant application is patentably indistinct from the subject-matter of claim 25 of the reference application.
Claim 7 of the Instant Application
Claim 25 of the Reference Application
The plant of claim 6 (features [A]-[F], [G], and [L]),
[M] wherein the centrifugal compressor comprises ten or eight compressor wheels.
The plant of claim 24 (features [A]-[F], [G’], and [L]),
[M] wherein the centrifugal compressor comprises ten or eight compressor wheels.
The subject-matter of claim 7 of the instant application includes feature [M]. The subject-matter of claim 25 of the reference application includes feature [M]. As such, the instant application is not patentably distinct from the reference application.
Claim 8 of the instant application is patentably indistinct from the subject-matter of claim 26 of the reference application.
Claim 8 of the Instant Application
Claim 26 of the Reference Application
The plant of claim 6 (features [A]-[F], [G], and [L]),
[N] wherein the centrifugal compressor is of the multi-integrated type.
The plant of claim 24 (features [A]-[F], [G’], and [L]),
[N] wherein the centrifugal compressor is of the multi-integrated type.
The subject-matter of claim 8 of the instant application includes feature [N]. The subject-matter of claim 26 of the reference application includes feature [N]. As such, the instant application is not patentably distinct from the reference application.
Claim 9 of the instant application is patentably indistinct from the subject-matter of claim 27 of the reference application.
Claim 9 of the Instant Application
Claim 27 of the Reference Application
The plant of claim 1 (features [A]-[F] and [G]),
[O] wherein the at least one additional constituent comprises at least one:
[Oa] an alkane comprising at least four carbon atoms;
[Ob] a haloalkane comprising at most four carbon atoms;
[Oc] an unsaturated hydrocarbon comprising at least five carbon atoms;
[Od] a halogenated unsaturated hydrocarbon comprising at most five carbon atoms;
[Oe] an ether having saturated or unsaturated radicals comprising at least four carbon atoms; and
[Of] a haloether having saturated or unsaturated radicals and comprising at most four carbon atoms.
The plant of claim 19 (features [A]-[F] and [G’]),
[O] wherein the at least one additional constituent comprises at least one:
[Oa] an alkane comprising at least four carbon atoms;
[Ob] a haloalkane comprising at most four carbon atoms;
[Oc] an unsaturated hydrocarbon comprising at least five carbon atoms;
[Od] a halogenated unsaturated hydrocarbon comprising at most five carbon atoms;
[Oe] an ether having saturated or unsaturated radicals comprising at least four carbon atoms; and
[Of] a haloether having saturated or unsaturated radicals and comprising at most four carbon atoms.
The subject-matter of claim 9 of the instant application includes features [O], in addition to [Oa]-[Of]. The subject-matter of claim 27 of the reference application includes features [O], in addition to [Oa]-[Of]. As such, the instant application is not patentably distinct from the reference application.
Claim 10 of the instant application is patentably indistinct from the subject-matter of claim 28 of the reference application.
Claim 10 of the Instant Application
Claim 28 of the Reference Application
The plant of claim 1 (features [A]-[F] and [G]),
[P] wherein the refrigerator of the first cooling device comprises, arranged in series in a cycle circuit: at least one centrifugal compressor for compressing the first cycle gas, a member for cooling the first cycle gas, one or more turbines or expansion valves for expanding the cycle gas, and a member for reheating the expanded first cycle gas, the member for reheating the expanded first cycle gas being the first set of heat exchangers.
The plant of claim 19 (features [A]-[F] and [G’]),
[P] wherein the refrigerator of the first cooling device comprises, arranged in series in a cycle circuit: at least one centrifugal compressor for compressing the first cycle gas, a member for cooling the first cycle gas, one or more turbines or expansion valves for expanding the cycle gas, and a member for reheating the expanded first cycle gas, the member for reheating the expanded first cycle gas being the first set of heat exchangers.
The subject-matter of claim 10 of the instant application includes features [P]. The subject-matter of claim 28 of the reference application includes features [P]. As such, the instant application is not patentably distinct from the reference application.
Claim 11 of the instant application is patentably indistinct from the subject-matter of claim 30 of the reference application.
Claim 11 of the Instant Application
Claim 30 of the Reference Application
The plant of claim 1 (features [A]-[F] and [G]),
[Q] wherein the circuit of hydrogen to be cooled comprises a cryogenic adsorber configured to purify the hydrogen.
The plant of claim 19 (features [A]-[F] and [G’]),
[Q] wherein the circuit of hydrogen to be cooled comprises a cryogenic adsorber configured to purify the hydrogen.
The subject-matter of claim 11 of the instant application includes features [Q]. The subject-matter of claim 30 of the reference application includes features [Q]. As such, the instant application is not patentably distinct from the reference application.
Claim 12 of the instant application is patentably indistinct from the subject-matter of claim 31 of the reference application.
Claim 12 of the Instant Application
Claim 31 of the Reference Application
The plant of claim 1 (features [A]-[F] and [G]),
[R] wherein the first cycle gas is nitrogen.
The plant of claim 19 (features [A]-[F] and [G’]),
[R] wherein the first cycle gas is nitrogen.
The subject-matter of claim 12 of the instant application includes features [R]. The subject-matter of claim 31 of the reference application includes features [R]. As such, the instant application is not patentably distinct from the reference application.
Claim 13 of the instant application is patentably indistinct from the subject-matter of claim 32 of the reference application.
Claim 13 of the Instant Application
Claim 32 of the Reference Application
The plant of claim 1 (features [A]-[F] and [G]),
[S] wherein the second cycle gas is hydrogen.
The plant of claim 19 (features [A]-[F] and [G’]),
[S] wherein the second cycle gas is hydrogen.
The subject-matter of claim 13 of the instant application includes features [S]. The subject-matter of claim 32 of the reference application includes features [S]. As such, the instant application is not patentably distinct from the reference application.
Claim 14 of the instant application is patentably indistinct from the subject-matter of claim 33 of the reference application.
Claim 14 of the Instant Application
Claim 33 of the Reference Application
A process for liquefaction of hydrogen using the plant of claim 1(features [A]-[F] and [G]), the process comprising the steps of:
providing the plant as claimed in claim 1(features [A]-[F] and [G]);
[T] using the refrigerator of the second cooling device to subject the second cycle gas to a thermodynamic cycle comprising a compression carried out by at least one centrifugal compressor, a cooling, an expansion and a reheating;
[U] mixing the second cycle gas with at least one additional constituent having a molar mass of greater than 50 g/mol before centrifugal compression thereof to provide a gas mixture; and
[V] purifying, with the purification member, the gas mixture at the outlet of the centrifugal compression of the additional constituent down to a predetermined residual content of less than 100 ppm upstream of the first set of heat exchangers.
A process for liquefaction of hydrogen using the plant of claim 19(features [A]-[F] and [G’]), the process comprising the steps of:
providing the plant as claimed in claim 19(features [A]-[F] and [G’]);
[T] using the refrigerator of the second cooling device to subject the second cycle gas to a thermodynamic cycle comprising a compression carried out by at least one centrifugal compressor, a cooling, an expansion and a reheating;
[U] mixing the second cycle gas with at least one additional constituent having a molar mass of greater than 50 g/mol before centrifugal compression thereof to provide a gas mixture; and
[V] purifying, with the purification member, the gas mixture at the outlet of the centrifugal compression of the additional constituent down to a predetermined residual content of less than 100 ppm upstream of the first set of heat exchangers.
The subject-matter of claim 14 of the instant application includes features [T]-[V], in addition to the requirements previously discussed with regards to claim 1. The subject-matter of claim 33 of the reference application includes features [T]-[V], in addition to the requirements previously discussed with regards to claim 19. As such, the instant application is not patentably distinct from the reference application.
Claim 15 of the instant application is patentably indistinct from the subject-matter of claim 34 of the reference application.
Claim 15 of the Instant Application
Claim 34 of the Reference Application
The process as claimed in claim 14(features of [T]-[V], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[W] wherein the predetermined residual content is less than 10 ppm.
The process as claimed in claim 33(features of [T]-[V], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[W] wherein the predetermined residual content is less than 10 ppm.
The subject-matter of claim 15 of the instant application includes features [W]. The subject-matter of claim 34 of the reference application includes features [W]. As such, the instant application is not patentably distinct from the reference application.
Claim 16 of the instant application is patentably indistinct from the subject-matter of claim 35 of the reference application.
Claim 16 of the Instant Application
Claim 35 of the Reference Application
The process as claimed in claim 15(features of [T]-[W], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[X] wherein the predetermined residual content is less than one ppm.
The process as claimed in claim 34(features of [T]-[W], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[X] wherein the predetermined residual content is less than one ppm.
The subject-matter of claim 16 of the instant application includes features [X]. The subject-matter of claim 35 of the reference application includes features [X]. As such, the instant application is not patentably distinct from the reference application.
Claim 17 of the instant application is patentably indistinct from the subject-matter of claim 36 of the reference application.
Claim 17 of the Instant Application
Claim 36 of the Reference Application
The process as claimed in claim 15(features of [T]-[W], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[Y] wherein the centrifugal compression uses a nonzero number of compression wheels less than or equal to twelve.
The process as claimed in claim 34(features of [T]-[W], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[Y] wherein the centrifugal compression uses a nonzero number of compression wheels less than or equal to twelve.
The subject-matter of claim 17 of the instant application includes features [Y]. The subject-matter of claim 36 of the reference application includes features [Y]. As such, the instant application is not patentably distinct from the reference application.
Claim 18 of the instant application is patentably indistinct from the subject-matter of claim 37 of the reference application.
Claim 18 of the Instant Application
Claim 37 of the Reference Application
The process as claimed in claim 15(features of [T]-[V] and [Y], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[Z] wherein the centrifugal compression produces a compression ratio of the mixture of greater than five.
The process as claimed in claim 34(features of [T]-[V] and [Y], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[Z] wherein the centrifugal compression produces a compression ratio of the mixture of greater than five.
The subject-matter of claim 18 of the instant application includes features [Z]. The subject-matter of claim 37 of the reference application includes features [Z]. As such, the instant application is not patentably distinct from the reference application.
Claim 19 of the instant application is patentably indistinct from the subject-matter of claim 38 of the reference application.
Claim 19 of the Instant Application
Claim 38 of the Reference Application
The process as claimed in claim 14(features of [T]-[V], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[AA] wherein, at the outlet of the centrifugal compression, the pressure of the mixture is greater than 25 bar absolute.
The process as claimed in claim 33(features of [T]-[V], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[AA] wherein, at the outlet of the centrifugal compression, the pressure of the mixture is greater than 25 bar absolute.
The subject-matter of claim 19 of the instant application includes features [AA]. The subject-matter of claim 38 of the reference application includes features [AA]. As such, the instant application is not patentably distinct from the reference application.
Claim 20 of the instant application is patentably indistinct from the subject-matter of claim 39 of the reference application.
Claim 20 of the Instant Application
Claim 39 of the Reference Application
The process as claimed in claim 19(features of [AA], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[AB] wherein, at the outlet of the centrifugal compression, the pressure of the mixture is between 25 and 90 bar absolute.
The process as claimed in claim 33(features of [AA], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[AB] wherein, at the outlet of the centrifugal compression, the pressure of the mixture is between 25 and 90 bar absolute.
The subject-matter of claim 20 of the instant application includes features [AB]. The subject-matter of claim 39 of the reference application includes features [AB]. As such, the instant application is not patentably distinct from the reference application.
Claim 21 of the instant application is patentably indistinct from the subject-matter of claim 40 of the reference application.
Claim 21 of the Instant Application
Claim 40 of the Reference Application
The process as claimed in claim 14(features of [T]-[V], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[AC] wherein the purification of the gas mixture, at the outlet of the compression, of its additional constituent is carried out in a portion of the circuit in which the gas has a temperature of between -5°C and 40°C.
The process as claimed in claim 33(features of [T]-[V], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[AC] wherein the purification of the gas mixture, at the outlet of the compression, of its additional constituent is carried out in a portion of the circuit in which the gas has a temperature of between -5°C and 40°C.
The subject-matter of claim 21 of the instant application includes features [AC]. The subject-matter of claim 40 of the reference application includes features [AC]. As such, the instant application is not patentably distinct from the reference application.
Claim 22 of the instant application is patentably indistinct from the subject-matter of claim 41 of the reference application.
Claim 22 of the Instant Application
Claim 41 of the Reference Application
The process as claimed in claim 14(features of [T]-[V], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[AD] further comprising a step of reheating the second cycle gas before mixing the second cycle gas with the at least one additional constituent for the purpose of vaporizing thereof.
The process as claimed in claim 33(features of [T]-[V], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[AD] further comprising a step of reheating the second cycle gas before mixing the second cycle gas with the at least one additional constituent for the purpose of vaporizing thereof.
The subject-matter of claim 22 of the instant application includes features [AD]. The subject-matter of claim 41 of the reference application includes features [AD]. As such, the instant application is not patentably distinct from the reference application.
Claim 23 of the instant application is patentably indistinct from the subject-matter of claim 42 of the reference application.
Claim 23 of the Instant Application
Claim 42 of the Reference Application
The process as claimed in claim 14(features of [T]-[V], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[AE] wherein the first cycle gas is nitrogen.
The process as claimed in claim 33(features of [T]-[V], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[AE] wherein the first cycle gas is nitrogen.
The subject-matter of claim 23 of the instant application includes features [AE]. The subject-matter of claim 42 of the reference application includes features [AE]. As such, the instant application is not patentably distinct from the reference application.
Claim 24 of the instant application is patentably indistinct from the subject-matter of claim 43 of the reference application.
Claim 24 of the Instant Application
Claim 43 of the Reference Application
The process as claimed in claim 14(features of [T]-[V], in addition to that set forth by claim 1 of features [A]-[F] and [G]),
[AF] wherein the second cycle gas is hydrogen.
The process as claimed in claim 33(features of [T]-[V], in addition to that set forth by claim 19 of features [A]-[F] and [G’]),
[AFD] wherein the second cycle gas is hydrogen.
The subject-matter of claim 24 of the instant application includes features [AF]. The subject-matter of claim 44 of the reference application includes features [AF]. As such, the instant application is not patentably distinct from the reference application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA M MARONEY whose telephone number is (571)272-8588. The examiner can normally be reached Monday - Friday 7AM to 4PM, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNA M MARONEY/Primary Examiner, Art Unit 3763 10/6/2026
JENNA M. MARONEY
Primary Examiner
Art Unit 3763