Ex Parte Hartvigsen et al

Patent Trial and Appeal Board

Sep 6, 2016

13286908 (P.T.A.B. Sep. 6, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/286,908 11/01/2011 Joseph J. Hartvigsen
55162 7590 09/08/2016
CERAMA TEC, INC.
2425 SOUTH 900 WEST
SALT LAKE CITY, UT 84119
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
6000.2.13.lDIV 7812
EXAMINER
MENDEZ, ZULMARIAM
ART UNIT PAPER NUMBER
1754
NOTIFICATION DATE DELIVERY MODE
09/08/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
pscha@coorstek.com
docketing@CERAMATEC.COM
Mark.Yaskanin@FaegreBD.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JOSEPH J. HARTVIGSEN,
ASHOK V. JOSHI, S. ELANGOV AN,
SHEKAR BALAGOPAL,
JOHN HOW ARD GORDON, and
MICHELE HOLLIST
Appeal2015-004191
Application 13/286,908 1
Technology Center 1700
Before ADRIENE LEPIANE HANLON, CATHERINE Q. TIMM, and
JAMES C. HOUSEL, Administrative Patent Judges.
PER CURIAM.
DECISION ON APPEAL
A. STATEMENT OF THE CASE
The Appellants filed an appeal under 35 U.S.C. § 134 from the Examiner's
decision finally rejecting claims 1-6 under 35 U.S.C. § 103 as being unpatentable
1 According to Appellants, the real party in interest is Ceramatec, Inc. Appeal Br.
3.
Appeal2015-004191
Application 13/286,908
over Steinberg2 in view of Chinchen3 and Aoki.4
We have jurisdiction under 35 U.S.C. § 6(b). 5
We REVERSE.
The subject matter on appeal is directed to electrochemical processes for
producing synthesis gas (see, e.g., claims 1 and 4). Appellants disclose there are
some applications, such as military applications, in which the continued
dependence on liquid fuel products is unwise because the availability of a steady
and sufficient supply of liquid fuel products may become difficult. Spec. ,-i 4.
However, it is anticipated that reliance upon liquid fuels will continue into the
foreseeable future. Spec. ,-i 5. Thus, it would be beneficial to provide new methods
to generate liquid fuels. Id. In view of this, Appellants disclose methods for
producing synthesis gas from easily obtainable precursors, such as atmospheric air
and water. Spec. ,-i 2. Appellants' Figure 4 is reproduced below.
2 Steinberg, US 4,197,421, issued April 8, 1980 ("Steinberg").
3 Chinchen et al., Promotion of Methanol Synthesis and the Water Gas Shift
Reactions by Adsorbed Oxygen on Supported Copper Catalysts, 83 J. Chem. Soc.,
Faraday Trans. 1, at 2193-2212 (1987) ("Chinchen").
4 Aoki et al., US 5,616,221 A, issued April 1, 1997 ("Aoki").
5 Our decision refers to Appellants' Specification filed November 1, 2011 (Spec.),
Appellants' Appeal Brief filed July 23, 2014 (Appeal Br.), the Examiner's Answer
mailed December 22, 2014 (Ans.), and Appellants' Reply Brief filed February 23,
2015 (Reply Br.).
2
Appeal2015-004191
Application 13/286,908
40
Na OH
....................... ! ...
! ~,fo' + !·1::0 ->· '~ ---• N<~OH + ''Ah
l~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~j
Fig, 4
Figure 4 is a schematic view of a three-compartment electrochemical cell.
Three-compartment electrochemical cell 60 includes an anode chamber 14
including an anode 20, an intermediate chamber 64, and a cathode chamber 16
including a cathode 22. Spec. iii! 30, 31, 33 44. Water is electrolytically
decomposed at the anode 20 to form H+ ions, which migrate across a separator 62
in the anode chamber 14. Spec. iJ 31, 44. The separator 62 can be a cation
exchange membrane. Spec. iJ 44. Sodium carbonate is decomposed in the
3
Appeal2015-004191
Application 13/286,908
intermediate chamber 62 to form Na+ ions, which transfer across a sodium-
conducting membrane 18 to the cathode chamber 16. Spec. iii! 32, 44. Water and
the Na+ ions react at the cathode 22 to form sodium hydroxide and hydrogen gas.
Spec. iJ 33. The hydrogen gas may be collected and combined with carbon
monoxide to form synthesis gas. Spec. iJ 37.
Claim 1 is illustrative of the claims on appeal and is reproduced below from
the Claims Appendix of the Appeal Brief. The limitation at issue is italicized.
1. An electrochemical process for producing synthesis gas
compnsmg:
decomposing water within an anode chamber comprising an
electrochemically active anode according to the following reaction:
Y2H20 ~ 1i402 + H+ + e-;
removing oxygen from the anode chamber;
transporting H+ ions from the anode chamber to an intermediate
chamber via a cation exchange membrane;
reacting Na2C03 and H+ ions within the intermediate chamber
according to the following reaction: H+ + Y2Na2C03 ~ Y2C02 + Y2H20
-l- l\.fo +.
I _l_~(A, '
removing C02 from the intermediate chamber;
transporting Na+ ions from the intermediate chamber to a cathode
chamber;
decomposing water within the cathode chamber comprising an
electrochemically active cathode according to the following reaction:
Na++ H20 + e- ~ NaOH + Y2H2;
removing H2 from the cathode chamber;
removing NaOH from the cathode chamber; and
reacting C02 and H2 to form synthesis gas comprising CO and
Appeal Br. 16 (emphasis added).
4
Appeal2015-004191
Application 13/286,908
B. DISCUSSION
The Examiner finds Steinberg discloses an electrochemical process in
which, among other things, water is decomposed in an anode chamber, ions are
transported from the anode chamber to an intermediate chamber, sodium carbonate
and cations are reacted in the intermediate chamber, cations are transported from
the intermediate chamber to the cathode chamber, and water is decomposed in the
cathode chamber via a cathode. Ans. 2. Steinberg's Figure is reproduced below.
The Figure is a flow sheet of a process using a three compartment electrolytic cell.
Steinberg's Figure depicts a three compartment electrolytic cell 13 including
an anode compartment 14, a center compartment 12, and a cathode compartment
15. Steinberg col. 4, 11. 22-25. The anode compartment 14 is separated from the
center compartment 12 by a hydraulically permeable non-permselective diaphragm
5
Appeal2015-004191
Application 13/286,908
16 or an anion-permselective membrane 16 and the center compartment 12 is
separated from the cathode compartment 15 by a cation-permselective membrane
17. Steinberg col. 4, 11. 27-33. Steinberg discloses a sodium carbonate solution
and water are respectively conveyed via lines 11 and 24 to the center compartment
12, with the cell 13 producing the overall electrolytic reaction:
Steinberg col. 3, 11. 27-37; col. 4, 11. 22-23, 64-66.
Steinberg further discloses carbon dioxide gas is removed from the center
compartment 12 and supplied to a catalytic converter 21 with hydrogen gas from
the cathode compartment 15. Steinberg col. 4, 11. 52-56. The catalytic converter
21 contains a copper catalyst and reacts the carbon dioxide and hydrogen gas to
produce methanol and water. Steinberg col. 4, 11. 56-63.
The Examiner finds that although the copper catalytic converter 21 of
Steinberg is used to react carbon dioxide and hydrogen gas to form methanol and
water, Chinchen discloses that copper catalysts are known to be effective for both
methanol production and the water gas shift reaction. Ans. 3. Based on this, the
Examiner concludes one of ordinary skill in the art would have expected the
copper catalytic converter of Steinberg to be capable of producing carbon
monoxide and hydrogen. Id.
The Examiner further finds Steinberg discloses transporting ions from the
anode compartment 14 to the center compartment 12, as well as reacting sodium
carbonate and cations in the center compartment 12, but does not disclose
transporting H+ ions from the anode compartment 14 to the center compartment 12
via a cation exchange membrane. Id.
6
Appeal2015-004191
Application 13/286,908
The Examiner finds Aoki discloses an electrochemical process in which a
cation exchange membrane is located between an intermediate chamber and an
anode chamber. Id. The Examiner concludes it would have been obvious to add a
cation exchange membrane between the anode compartment 14 and the center
compartment 12 of the cell 13 of Steinberg to reduce the amount of oxidized
substances migrating into the center compartment from the anode compartment.
Ans. 4.
Appellants argue Steinberg does not disclose "transporting H+ ions from the
anode chamber to an intermediate chamber via a cation exchange membrane," as
recited in claim 1, and Aoki fails to overcome the deficiencies of Steinberg.
Appeal Br. 9.
In the Examiner's Answer, the Examiner finds Steinberg discloses the use of
similar electrolyte compositions and the generation of similar products from
respective cell compartments, with the electrolytic decomposition of water
occurring in the anode compartment 14. Ans. 7. The Examiner determines it is
well known in the art that electrolytic decomposition involves the breaking down
of molecules into ions. Id. Based on this, the Examiner reasons H+ ions must
necessarily be generated in the anode compartment 14 of Steinberg when water is
electrolytically decomposed. Id.
The Examiner further states in the Answer that the anode compartment 14 of
Steinberg is separated from the center compartment 12 by the hydraulically
permeable non-permselective diaphragm 16, which correlates to the claimed cation
exchange membrane and allows the transport of water and anything dissolved in
water, such as H+ ions. Id. The Examiner finds the cation exchange member 17
separating the center compartment 12 and the cathode compartment 15 would not
7
Appeal2015-004191
Application 13/286,908
allow the transfer of water but would allow the transfer of H+ ions into the cathode
compartment 15. Ans. 8.
Appellants respond by arguing that once Steinberg is modified in view of
Aoki the process of Steinberg would not function as found by the Examiner. Reply
Br. 6. In particular, the Appellants argue that the cation exchange membrane
placed between the anode compartment 14 and the center compartment 12 would
not allow the transport of water and anything dissolved in water. Id. Appellants
note the Examiner stated at page 8 of the Answer that a cation exchange membrane
"would not allow the transfer of water." Id. In view of this, Appellants argue that
"Hydrogen could only be supplied via the H20 and decomposition would
necessarily have to occur within the intermediate chamber as the H20 would not
cross the cation exchange membrane." Id.
Appellants' arguments are persuasive. In the rejection on appeal, the
Examiner modifies Steinberg in view of Aoki by placing a cation exchange
membrane between the anode compartment 14 and the center compartment 12 of
Steinberg. Ans. 4. As noted by Appellants, the Examiner states "[t]he cation
exchange membrane (17) ... would not allow the transfer of water." Ans. 8.
Although water is supplied to the center compartment 12 of Steinberg, the cation
exchange membrane added in view of Aoki would prevent water in the center
compartment 12 from reaching the anode compartment 14 where the water would
be electrolytically decomposed to produce H+ ions. As a result, H+ ions cannot be
transported from an anode compartment 14 to the center compartment 12 via the
cation exchange membrane located between the compartments as claimed.
Therefore, based on the record before us, we determine that the Examiner's
conclusion of obviousness over the combination of Steinberg, Chinchen, and Aoki,
as set forth by the Examiner is not supported by a preponderance of the evidence,
8
Appeal2015-004191
Application 13/286,908
because the addition of the cation exchange membrane in view of Aoki would not
result in the claimed process.
Claim 4, the other independent claim on appeal, recites an electrochemical
process for producing synthesis gas comprising, inter alia, the step of "reacting
Na2C03 and H+ ions within anode chamber ... wherein the H+ ions react with
Na2C03 [sic] after passing through a cation exchange membrane." Appeal Br. 16.
In the rejection on appeal, the Examiner relies on the same factual findings
and legal conclusions relied on in the rejection of claim 1. See Ans. 2--4. As
discussed above, modifying Steinberg in view of Aoki to add a cation exchange
membrane between the anode compartment 14 and the center compartment 12 of
Steinberg would not result in the claimed process. Therefore, a preponderance of
the evidence fails to support the Examiner's conclusion of obviousness for claim 4
over the combination of Steinberg, Chinchen, and Aoki because H+ ions would not
react with Na2C03 after passing through a cation exchange membrane. See Reply
Br. 9.
Based on the foregoing, Appellants' arguments are persuasive that the
Examiner reversibly erred in the rejection of claims 1-6. For the reasons discussed
above, the rejection of claims 1-6 under 35 U.S.C. § 103 as unpatentable over
Steinberg in view of Chinchen and Aoki is not sustained.
C. DECISION
The decision of the Examiner is reversed.
REVERSED
9