LICENSEAGREEMENT

License Agreement made effective this 14th day of October, 2009 (the "Effective Date") by and between Global Resource Corporation as Licensor (hereinafter called "Licensor"), a Nevada corporation having a principal place of business at 1000 Atrium Way, Suite 100, Mount Laurel, New Jersey 08054 and Universal Alternative Fuels, Inc., as Licensee (hereinafter called "Licensee"), a Nevada corporation having a principal place of business at 1400 Old Country Road, Suite 206, Westbury, NY 11590.

WHEREAS, Licensor has developed certain microwave technology for the recovery of commercially usable energy or energy-producing materials, such as oil and gas, together with by-products which may have commercial value, and Licensor has filed certain patent applications for the protection of such technology, which patent applications are pending;

WHEREAS, Licensor continues, and has continued, directly, and indirectly through contractors (e.g., Ingersoll Production Systems), to perform research and development and has improved upon, added to, and enlarged its technology beyond the content of the patents pending, and intends to continue to do so;

WHEREAS, Licensee desires to establish a business of (a) selling machines embodying the microwave technology of Licensor as applied to oil shale and coal to recover commercially usable energy, energy-producing materials and by-products from such sources and (b) using such machines itself for the recovery of energy, energy-producing materials and by-products from oil shale and/or coal and (c) sub-licensing the use of the Technology, the pending Continuation Application and the process hereinafter described within the Licensed Field of Use;

WHEREAS, Licensor has filed a continuation application with the U.S. Patent and Trademark Office ("PTO") for the microwave processing of (i) oil shale and (ii) coal, a true and complete copy of which is attached as Schedule A to this License Agreement (the "Continuation Application");

WHEREAS, Licensee desires to secure an exclusive, royalty-free world-wide license for the application of the Licensor's Technology (now or hereafter acquired) and the patents pending to the recovery of energy, energy-producing materials and by-products from oil shale and/or coal, for the foregoing business purposes;

WHEREAS, Licensor is agreeable to licensing Licensee, on an exclusive and royalty-free basis, world-wide, for the use of the Technology solely in the Licensed Field of Use and the patents pending for the recovery of energy, energy-producing materials and by-­products from oil shale and/or coal, for the foregoing business purposes of Licensee;

 

WHEREAS, Licensee acknowledges that Licensor has entered into a JDA with Schlurnberger for the development of the technology as applied to heavy oils, and Licensor and Licensee agree that this License Agreement does not include any application covered by the subject matter of the JDA with Schlumberger; and Licensee also acknowledges its awareness of a Marketing and Licensing Agreement (the "C6 Agreement") entered into by Licensor with C6 Energy Pty. Ltd ("C6") which is the subject of a termination notice by Licensor;

 

 

WHEREAS, the parties have negotiated and have reached certain understandings, and desire a document to evidence and formalize such understandings;

 

WHEREAS, in connection and simultaneous with the execution of this License Agreement, the Licensor has executed a Security Agreement (the "Security Agreement") granting the Licensee security interests in the Continuation Application and the Existing Prototype Machine currently located at the Ingersoll plant in Rockford, Illinois (together, the "Security interests");

 

NOW, THEREFORE, intending to be legally bound and in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties have agreed, and do hereby agree, as follows:

For the purpose of this License Agreement, and solely for that purpose, the terms set forth hereinafter shall be defined as follows:

 

(a) "Cost to Manufacture" shall mean all direct costs the Licensor incurs in connection with the manufacture of any machine, such as (i) raw materials, parts and sub-assemblies, (ii) direct, manufacturing labor, (iii) utilities, and (iv) reasonable depreciation of directly-used tools, machines, and the manufacturing facility but there shall be specifically excluded from this calculation of cost all of the following: any research and development expenses of Licensor and or its contractor(s) (e.g., Ingersoll Production Systems); the general and administrative overhead (G&A) of Licensor and/or its contractor(s), salaries and employee benefits of Licensor's and its contractor(s)' employees other than of those engaged directly in the manufacturing process; and any and all other non-manufacturing costs and expenses of Licensor and/its contractor(s).

 

(b) "Existing Prototype Machine" shall mean that certain existing prototype machine of the Licensor at the date hereof located in Rockford, Illinois known as the "PPS-TR Microwave Prototype Processor", as more specifically described in Schedule B attached hereto and made a part hereof.

 

(c) "Licensed Field of Use" shall mean microwave energy applications relating to the recovery from (i) oil shale and (ii) coal to recover commercially usable energy, energy-producing materials and by-products from such sources, whether by its own use of machines embodying the Technology, the sale of machines embodying the Technology or the sub-licensing of the Technology in the Licensed Field of Use.

 

(d) "Licensed Process" shall mean a method or process in the Licensed Field of Use either covered by the Patent Rights or by the Technology (now or hereafter acquired).

 

(e) "Licensed Product(s)" shall mean a product in the Licensed Field of Use that is covered by the Continuation Application, Patent Rights and/or Technology.

 

 

(f) "Licensed Territory" shall mean all countries of the world.

 

(g) "Parties" shall mean Licensor and Licensee, and "Party" shall mean Licensor or Licensee as the text may dictate.

 

(h) "Patent Rights" shall mean the patents and/or patent applications identified in the Continuation Application, together with any divisional, continuation, or continuation-in-part applications based thereon, any patents resulting from any of said applications and any reissues or extensions that may be based on any of said patents, and shall also include all improvements, modifications, enlargements and extensions made to any of the Patent Rights during the term of this License Agreement. For the avoidance of doubt, the Patent Rights relating to the License shall be limited to the Licensed Field of Use.

 

(i) The phrase "covered by the Patent Rights" and equivalent language as used herein shall mean covered by a valid claim of an issued, unexpired patent within the Patent Rights or by a claim being presented in a pending patent application within the Patent Rights. Any claim being presented in a pending patent application shall be deemed to be the equivalent of a valid claim of an issued, unexpired patent for purposes of the grant of the License.

 

(j)  "Seller" shall mean one who sells.

 

(k) "Sublicensee" shall mean a sublicensee pursuant to Article IV (a) hereof;

 

(l) "Technology" shall mean the microwave technology of Licensor as applied to oil shale and/or coal only and shall include for this purpose not only the content of the Patent Rights and the content of any future patents issued or applied for in the Licensed Field of Use, but all improvements, modifications, enlargements and extensions thereto, now or hereafter existing, whether or not Licensor seeks additional patent protection thereon, together with all software programs used to design, install and operate the machines, all proprietary data and trade secrets, all know-how, inventions and discoveries (whether patentable or not), invention disclosures, improvements, trade secrets, proprietary information, know-how, technology, technical data, supplier lists and customer lists and all documentation relating to any of the foregoing; databases, data collections and content and all rights therein, throughout the world (collectively "Data Collections"); all computer software, including all source code, object code, firmware, development tools, files, records data, and documentation (including design documents, flowcharts and specifications therefor), and all media on which any of the foregoing is recorded (collectively "Software");

 

(m) "Trademarks" shall mean all trademarks, trade names, service marks, corporate names brand names, trade dress, designs and logos and other source indicators, and all registrations and applications for registration thereof and all other rights corresponding thereto throughout the world, together with the goodwill of any business symbolized thereby of the Licensor that relate to the Patent Rights in the Licensed Field of Use; and

 

(n) "Used" (or "Use") shall mean use of the Patent Rights or the Technology within the Licensed Field of Use in return for any form of consideration having monetary value including for this purpose equity ownership or investment in any entity regardless of the form of ownership or investment.

(a) (i) Licensor hereby grants and agrees to grant to Licensee and Licensee hereby accepts and agrees to accept from Licensor, upon the terms and conditions herein specified, an exclusive, world-wide, royalty-free license, with right to sublicense, in the Licensed Field of Use under the Patent Rights and the Technology (i) to practice the Licensed Process as a service to others or for the Licensee itself, (ii) to make, to have made, to use in the practice of the Licensed Process and to sell, offer to sell, lease, distribute, export and import Licensed Products in the country or countries in which the Patent Rights are or shall be in effect and in each such country's territories and possessions, and (iii) to use the Licensor's Trademarks associated therewith, to the full end of the term or terms for which the Patent Rights and the Technology are or shall be issued, unless the license or this License Agreement shall be sooner terminated as hereinafter provided.

 

(a) (ii) Licensor agrees to indemnify and hold harmless Licensee and each of its respective members, managers, officers, directors, agents, employees and affiliates (a "Licensee Party") from and against any and all losses, claims, damages or liabilities, including penalties on reserves, to which it may become subject that result from any claim asserted by any other party licensed by or contracting with Licensor against Licensee Party arising out of, related to or in connection with any Licensor contract regardless of how such claim is denominated or described, and including all suits, actions, proceedings, demands, assessments, judgments, costs, reasonable attorneys' fees and expenses incident to any of the foregoing matters, including those reasonable costs, charges and expenses (including any expenses resulting from any investigation or inquiry) with respect to the participation of any Licensee Party in defense thereof, whether or not the Licensee Party is named as a party.

 

(b) The foregoing grant and acceptance of the License is specifically made subject to an option on the part of the Licensor to repurchase the License and retain the Existing Prototype Machine upon certain terms and conditions as follows:

 

(i) Contemporaneously with the execution of this License Agreement, Licensee has given Licensor a Purchase Order for an initial machine (Licensed Product) embodying the technology adapted for use with oil shale (referred to in this License Agreement as the "initial machine" as differentiated from the Existing Prototype Machine, as defined), Licensee shall have a "wait and see" period of hundred eighty (180) days from the date of this License Agreement) to terminate that purchase order for the initial machine; but such right is dependent upon Licensor's failure, within one hundred fifty (150) days from the date of this License Agreement, to raise at least Three Million Four Hundred Thousand Dollars ($3,400,000) in additional equity capital (which for this purpose shall include debt, if convertible into common stock of the Licensor). If Licensor fails to achieve such financing, Licensee shall have the right (but not the obligation) to terminate the Purchase Order. In the event that Licensee so elects, then Licensor shall have a period of ten (10) days in which to determine whether it wishes to repurchase this License and retain the Existing Prototype Machine in Rockford, Illinois. The repurchase and retention price shall be $1,700,000, including return of the Seven Hundred Fifty Thousand Dollars ($750,000) paid as license fee hereunder and reimbursement to Licensee of the $843,000 in costs incurred in connection with this License Agreement. If Licensor elects to repurchase and retain, it shall pay the sum of $1,700,000 within twenty (20) further days. If the repurchase/retention is not timely accomplished by Licensor, its option to repurchase/retain shall be null and void and of no further effect.

 

 

(ii) During the one hundred eight (180) day "wait and see" period, Licensor and Licensee shall cooperate in performing the necessary tests, analyses, experiments, and research to determine the efficacy and efficicney of the Technology to (i) oil shale and (ii) coal. If Licensee determines within its sole discretion and whether or not reasonably, that such Technology is not sufficiently viable, efficacious or efficient within the Licensed Field of Use, then Licensee shall have the right (but not the obligation), to terminate the Purchase Order. In the event that Licensee so elects, then Licensor shall have a period of ten (10) days in which to determine whether it wishes to repurchase this License and retain the Existing Prototype Machine in Rockford. The repurchase price shall be $1,700,000, including return of the Seven Hundred Fifty Thousand Dollars ($750,000) paid as license fee hereunder and reimbursement to Licensee of the $843,000 in costs incurred in connection with this License Agreement. If Licensor elects to repurchase and retain, it shall pay the sum of $1,700,000 within twenty (20) further days. If the repurchase/retention is not timely accomplished by Licensor, its option to repurchase/retain shall be null and void and of no further effect.

(c) In the event that Licensee exercises its option to terminate the purchase order and Licensor either (i) does not elect to repurchase this License Agreement and retain the Existing Prototype Machine in Rockford, Illinois or (ii) elects to repurchase and retain but fails to timely pay the $1,700,000, then in such case Licensee shall retain the exclusive license for which it has paid, shall have the right to foreclose its security interest in and to the Patent Rights and the Existing Prototype Machine, pursuant to the contemporaneously granted Security Agreement, and shall have the right to take immediate and exclusive possession and ownership of the Existing Prototype Machine.

 

(d) In the event that Licensee exercises its option to terminate the purchase order and Licensor elects to repurchase this License Agreement and retain the Existing Prototype Machine and timely pays the $1,700,000, then this License Agreement shall terminate and (i) Licensee shall have no further rights hereunder and (ii) Licensor's twenty percent (20%) equity interest in Licensee shall terminate and be rescinded ab initio, and (iii) all Security Interests on the Technology and Existing Prototype Machine shall terminate and be released.

(a) Subject to the provisions of Articles IV and XIII hereof, the license herein granted under the Patent Rights shall be exclusive to Licensee worldwide for a period of time extending until the first to occur of either: (i) termination of this License Agreement; or (ii) the expiration or lapsing of the last patent to expire within the Patent Rights in the respective countries in which applications for the Patent Rights have been filed.

 

(b) The Licensor shall manufacture all machines to be sold to Licensee or Sublicensees under this License Agreement; provided, however, that in the event the Licensor is unable to manufacture any machine for any order hereunder within the time period allotted for any specific contract of purchase, then the Licensee shall have the right to undertake to manufacture any such machine at its own cost and expense for its own use or for resale to a Sublicensee, and such action by the Licensee shall not constitute a breach of or default under this Agreement. In any such ease, the Licensor shall not be entitled to receive any payment under Article VI of this License Agreement. All machines manufactured and delivered by Licensor shall comply in all respects with all governmental and regulatory permits and authorizations including but not limited to environmental and pollution matters, worker safety and fire and other hazards. If Licensor's failure to manufacture a machine in response to a Licensee order occurs more than twice within any successive 24 month period, then Licensee shall be permitted to organize its own methods for manufacturing new machines and in such case, Licensor shall not be entitled to receive any fixed payments for the machines under Article VI.

(a) Licensor hereby grants and agrees to grant to Licensee, and Licensee hereby accepts and agrees to accept from Licensor, upon the terms and conditions herein specified, within the Licensed Field of Use a nonassignable right and power to grant to others (Sublicensees"), upon reasonable terms and conditions, nonassignable royalty-bearing or royalty-free sublicenses under the Patent Rights to use or resell the Licensed Product and/or practice the Licensed Process in the country or countries in which the Patent Rights are or shall be in effect and in each such country's territories and possessions solely within the Licensed Field of Use.

 

(b) Any Sublicense in effect at the termination of this License Agreement shall remain in effect, but for the benefit of Licensor and Licensee; providing the Sublicensee shall continue to make all reports and payments due and owing under its sublicensing agreement and is not otherwise in breach or default thereunder, such reports and payments then to be made to Licensor and Licensee rather than Licensee alone.

(a) Upon execution and delivery of this License Agreement, Licensee shall pay to Licensor, an aggregate license fee comprised of the following:

 

(1) a one-time payment of Seven Hundred Fifty Thousand Dollars ($750,000);

 

(2) restricted shares of Licensee equal to twenty percent (20%) of the issued and outstanding shares of common stock of Licensee at the date of issuance (the "Ownership Percentage Amount"). Licensee agrees to issue additional shares of common stock to Licensor such that Licensor always shall own that number of shares of Licensee common stock as is equal to the Ownership Percentage Amount at any time through and including the period that ends one (1) year after the "reorganization" of Licensee as defined in the next following sentence. For a period ending one (1) year after the Reorganization (the "Period") (except as provided in subsection (3) following), Licensor shall maintain its Ownership Percentage Amount on the reorganization of Licensee, whether by exchange agreement, merger, consolidation or any other form of recapitalization or restructure into or with a public corporation (the "Reorganization"). Licensee shall take all actions reasonably necessary to ensure that Licensor maintains its Ownership Percentage Amount in Licensee at the Reorganization date and throughout the Period; provided, however, that after the expiration of the Period Licensor shall be subject to dilution of its Ownership Percentage Amount together with all other stockholders of Licensee.

 

 

(3) Licensor acknowledges that Licensee and any public corporation with which it may engage in a Reorganization will be required to seek either or both of private and/or public financing. In such event, Licensor's Ownership Percentage Amount shall be subject to dilution pro rata with all other shareholders, notwithstanding any language to the contrary in subsection (a) (2) of this Article V.

(a) As provided in Article III (b), subject to Licensor's ability to manufacture machines for Licensee, whether for the use of the Licensee or for resale by the Licensee, Licensor shall have the exclusive right to manufacture all machines to be sold to Licensee or Sublicensees under this License Agreement. Licensor's right to manufacture the machines may be exercised by the Licensor directly or via the outsourcing of such manufacture to one or more subcontractors as Licensor shall determine in its sole and absolute discretion.

 

(b) Contemporaneous with the execution of this License Agreement, Licensee shall place an order with Licensor for the manufacture of an initial machine specifically intended to be used on oil shale. The Purchase Order for such machine shall be subject to termination, as provided in Article II (b). The purchase price for such initial machine shall be (1) the Licensor's Cost to Manufacture the Licensed Product plus (ii) twenty percent (20%) of the Licensor's Cost to manufacture the Licensed Product, plus (iii) such mutually agreed amount for research and development and testing, but not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000). Licensor acknowledges that Licensee has incurred various costs and expenses mutually agreed to total Eight Hundred Forty Three Thousand Dollars ($843,000) in preparation for this License Agreement and, accordingly, Licensor shall give Licensee a credit of $843,000 against the purchase price which shall be deducted from the final payment. The balance shall be paid by Licensee as follows:

 

(i) $500,000 at the end of six (6) months from the date of the Purchase Order,

(ii) $500,000 at the end of nine (9) months from the date of the Purchase Order; and

(iii) the balance, after the application of the $843,000 credit, upon completion of the initial machine, demonstration that it meets the warranted purpose, and acceptance by Licensee.

 

(c) The Purchase Order shall be subject to the right of Licensee to terminate the purchase order at the end of one hundred (180) days from the date of this License Agreement as provided in Article II (b). Licensor's right to terminate shall he subject to Licensor's right to repurchase this License Agreement and retain the Existing Prototype Machine as further provided in Article II (b). Depending upon the events that then occur, the provisions of Articles II (c) and/or Article shall be applicable.

 

(d) During such period that Licensor shall have the exclusive right to manufacture machines, Licensee shall order all machines, whether for its own use or for resale to Sublicensees, from Licensor and shall pay to Licensor therefor a purchase price determined as follows:

 

(1) The Licensor's Cost to Manufacture the Licensed Product, and the lesser of

 

 

(2) either (i) fifty percent (50%) of the difference between the Licensor's Cost to Manufacture the Licensed Product and the Licensor's actual sale price of the Licensed Product to arm's length bona fide third party customers or (ii) twenty percent (20%) of the Licensor's Cost to manufacture the Licensed Product.

All revenues of the Licensee from the sale or resale of the Licensed Products to a third party above the total of (1) and (2) shall belong to the Licensee.

Such purchase price shall be paid by Licensee as follows:

 

(i) one-third upon placement of the order;

(ii) one-third upon completion by Licensor of fifty percent (50%) of the machine; and

(iii) one-third upon completion of the machine, demonstration that it meets the warranted purpose, and acceptance by Licensee.

(a) Licensor shall upon request of Licensee advise Licensee as to the status of any patents and patent applications within the Patent Rights and the Technology as applicable or potentially applicable within the Licensed Field of Use.

 

(b) In the event that Licensor does not desire to file a particular patent application in the Licensed Field of Use or discontinues its responsibility for prosecution or maintenance of a particular patent application or applications or discontinues its responsibility for the maintenance of a particular patent in Patent Rights listed in Schedule A, Licensor shall notify Licensee promptly in writing of its intention and, in the case of proposed discontinuances, at least sixty (60) days prior to the effective date thereof, in order to permit Licensee to determine whether it wishes to assume the responsibility therefor. Licensee shall have the right and option, but not the obligation, to assume the responsibility for filing, prosecution and maintenance of such patent applications and patents therefor which Licensor desires not to prosecute or to discontinue. Licensee shall inform Licenser in writing of its decision to assume the responsibility for filing, prosecution and maintenance of such patent applications and patents, and Licensor promptly execute and deliver such documents and take such actions as are reasonably necessary or appropriate to assign such patent or patent application to Licensee and making the inventor reasonably available to assist in the prosecution of any such applications. Upon assignment of patent or patent application to Licensee, said patent and/or patent application shall be removed from the Patent Rights and no longer subject to this License Agreement.

 

(c) Licensor shall promptly inform Licensee in writing of any Patent Rights in the Licensed Field of Use that were filed with a Patent Office or invented subsequent to the effective date of this License Agreement. Licensor covenants that Patent Rights in the Licensed Field of Use that were filed with a Patent Office or invented subsequent to the effective date of this License Agreement shall be included in their entirety within the scope of this License Agreement upon the same terms and conditions and without any additional payment or alteration of the existing fixed payments or royalties payable by Licensee to Licensor under this Agreement.

 

 

(d) Licensor shall upon request of Licensee inform Licensee of the issuance of all licenses granted by it to other Licensees under any of the Patent Rights in the event that any such licenses shall be legally required to be granted.

(a) Licensor will develop the Licensed Product and the Licensed Process for commercialization at Licensor's sole and complete expense including the research, planning, development and manufacture of prototypes and finished product working models of all Licensed Product using the Licensed Process and the Technology to be sold to Licensee or any Sublicensee. Licensor shall also be responsible for all costs of obtaining all regulatory and governmental permits and authorizations as may be required. (b) Licensee shall control the process for obtaining marketing licenses and approvals for the Licensed Product and the Licensed Process. Licensee shall bear the complete costs for obtaining the regulatory and marketing approvals for the Licensed Product and the Licensed Process including all costs arising out of or related to modifying or altering any machine after it has been manufactured to conform to said requirements. (c) Licensor will in good faith participate in and provide necessary information, and data which may be necessary for obtaining regulatory and/or marketing approvals for the Licensed Product and the Licensed Process, and Licensee agrees to reimburse Licensor for all commercially reasonable expense incurred by such participation; provided, however, that all regulatory licenses and approvals that require modifications to the prototypes or any existing Licensed Products shall future be at the sole cost and expense of the Licensor.

(a) Licensor shall use commercially reasonable efforts in developing, testing, and manufacturing Licensed Products. Licensee shall use commercially reasonable efforts in promoting, advertising and selling the Licensed Products and the Licensed Process under this License Agreement and in seeking responsible Sublicensees.

 

(b) Licensor shall use reasonable efforts, at its expense, to prosecute any patent applications within the Licensed Field of Use, to obtain patents thereon and to maintain any such patents.

 

(c) Licensor shall use reasonable efforts to submit to the appropriate authority in the United States and overseas patent claims related to the Patent Rights. Licensor shall promptly provide Licensee with copies of all patents, patent applications and other filings and any communications with the applicable patent office, including without limitation, all office actions and responses related to the Patent Rights. Licensee shall have no obligation to contribute, in whole or part, to the costs of preparing, filing, prosecuting, issuing, defending or maintaining the patents and patent applications under this Article IX (c), except as otherwise provided in Article VII (b).

(a) Upon any breach of or default under this License Agreement by License, Licensor may terminate this License Agreement by sixty (60) days' written notice to Licensee specifying in reasonable detail the nature of the default. Said notice shall become effective at the end of said period, unless during said period Licensee shall substantially cure such breach or default.

 

 

(b) If the Licensor dissolves, becomes insolvent or has a receiver appointed for all or any part of its property, or makes an assignment for the benefit of creditors, or voluntarily commences or has filed against it an involuntary proceeding under any bankruptcy or insolvency laws which results in the entry of an order for relief or which remains undismissed, undischarged or unbonded for a period of 60 days or more, and Licensee is unable to continue to use the license granted hereunder for the Licensed Process or the Licensed Products, then (1) the Continuation Application, the Patent Rights, the Technology and the Trademarks within the Licensed Field of Use shall, ipso facto, and without any additional documentation become the property of and ownership and title shall vest in, the Licensee. In such a case, Licensee shall, subject to applicable federal bankruptcy and state insolvency laws, be permitted to assume this Agreement and to perform hereunder, and Licensor shall cooperate in all respects and furnish all assistance reasonably necessary or required to enable Licensee to continue to obtain the benefits of this License Agreement. Licensor hereby irrevocably appoints Licensee as the Licensor's attorney-in-fact, with full authority in the place and stead of Licensor and in the name of Licensor or otherwise, from time to time in Licensee's discretion, upon the Licensor's failure or inability to do so, to take any action and to execute any instrument and make any filing with any regulatory authority or otherwise which Licensee may deem necessary or advisable to accomplish the purposes of this Agreement, including:

 

(i) To modify, in its sole discretion, this License Agreement without first obtaining Licensor's approval of or signature to such modification by amending the definitions of Patents, Patent Rights, Technology and Trademarks hereof, as appropriate within the Licensed Field of Use, to include reference to any right, title or interest in any Patents, Patent Rights, Technology and Trademarks acquired by Licensor after the execution hereof or to delete any reference to any right, title or interest in any Patents, Patent Rights, Technology and Trademarks in which Licensor no longer has or claims any right, title or interest; and

 

(ii) To file, in its sole discretion, one or more financing or continuation statements and amendments thereto, or filings with the U.S. Patent and Trademark Office or any similar foreign office performing a similar function relative to any of the foregoing without the signature of Licenser where permitted by law.

This License Agreement shall not be assigned by either party without the prior written consent of the other Party hereto; provided, however, that a change of control of the Licensee, or its Reorganization with or into a public company us provided in Article V, regardless of the form of the Reorganization, shall not be deemed an assignment for purposes of this License Agreement.

(a) (i) In the event that any legal proceeding shall be instituted or threatened against Licensee or any of its Sublicenses involving any claim of infringement relating to the development, manufacture, import, use, purchase or sale of a Licensed Product, or Licensed Process, Licensee will notify Licenser thereof. Licensor shall have thirty (30) days after receipt of the above-mentioned notice to undertake, conduct and control, through counsel of its own choosing (subject to the consent of Licensee, such consent not to be unreasonably withheld) and at its expense, the settlement or defense thereof, and the Licensee shall cooperate with Licensor in connection therewith; provided that (i) Licensor shall not thereby permit to exist any lien, encumbrance or other adverse charge upon any asset of Licensee; (ii) in the event it appears likely, in the reasonable judgment of the Licensee, that different defenses are available to the Licensee or that a conflict of interest may arise between the Licensee and the Licensor with respect to such claim, the Licensee shall choose its own counsel, and the reasonable fees and expenses of such counsel shall be home by the Licensor; (iii) in the event it appears that no conflict of interest will arise between the Licensee and the Licensor and the Licensee desires to choose its counsel, the Licensor shall permit the Licensee to participate in such settlement or defense through such counsel chosen by the Licensee, provided that the fees and expenses of such counsel shall be borne by the Licensee; and (iv) the Licensor shall agree promptly to reimburse the Licensee for the full amount of any loss resulting from such claim and all related expenses incurred by the Licensee. So long as the Licensor is reasonably contesting any such claim in good faith, the Licensee shall not pay or settle any such claim. Notwithstanding the foregoing, and provided that no rights of Licensor are thereby in any way compromised or infringed, the Licensee shall have the right to pay or settle any such claim, provided that in such event the Licensee shall waive any right to indemnity, contribution or any other form of repayment therefor (however described) by the Licensor, and reimburse the Licensor for any payments made to the date of the settlement. If the Licensor does not notify the Licensee within thirty (30) days after receipt of the Licensee's notice of a claim of indemnity hereunder that it elects to undertake the defense thereof, the Licensee or its Sublicensee shall have the right to contest, settle or compromise the claim in the exercise of its exclusive discretion at the expense of the Licensor, and the reasonable costs and expenses (including but not limited to reasonable attorneys' fees and expenses) incurred by them in connection with the defense of such claim, at the expense of Licensor. Licensee shall bill Licensor monthly for all costs and expenses incurred in the defense of any such claim, and Licensor shall promptly remit payment of all such bills to Licensee Licensor's failure to make such payment shall be a material default under this License Agreement. Licensor shall be entitled to participate in any such suit or action with its own counsel at its own expense. In the event of any claim under this Article XII, each of Licensor and Licensee shall (1) fully cooperate with each other in connection with any such claim, (2) on reasonable notice have any of its employees, officers, directors, agents and other representatives testify when necessary, and (3) on reasonable notice make available to each other as necessary all relevant records, specimens, samples and other information in its possession at its own expense.

 

(a) (ii) If, as a result of any such claim described in "(a)" above, Licensee or its Sublicensee is required by reason of an order of a court, arbitration board or other similar body or by reason of a settlement between the parties, to pay a royalty or make other similar payments to a third party, on if as a result of such claim, Licensee or its Sublicensee is obligated to pay damages other than a royalty to a third party, Licensor shall be responsible for all such damages, and shall defend, indemnify and hold harmless Licensee with respect thereto.

 

(b) Licensee, as exclusive Licensee, shall have the power, but not the obligation, to institute, prosecute and settle, at its own expense, suits for infringement of the Patent Rights and/or Licensed Process within the Licensed Field of Use, and if, required by law, Licensor will join as parry plaintiff in such suits. Licensee shall be entitled to all recoveries in such suits.

 

 

Licensor shall (1) fully cooperate with Licensee in connection with any such proceeding, (2) on reasonable notice have any of its employees, officers, directors, agents and other representatives testify when necessary, and (3) on reasonable notice make available to Licensee as accessary all relevant records, specimens, samples and other information in its possession all at commercially reasonable expense of Licensee.

 

(c) In the event that Licensee declines to pursue any claim of infringement of the Licensed Patents or Licensed Process brought to its attention by Licensor within ninety (90) days following written notice from Licensor, Licensor may thereafter, and at its sole cost and expense, pursue such infringement independently of Licensee, and shall be entitled to retain all resulting proceeds or recoveries.

(a) This License Agreement and the Security Agreement, together with the Purchase Order, constitute the entire agreement between the parties as to the Licensed Process, the Patent Rights, the Technology and the Licensed Field of Use, and all prior negotiations, representations, agreements and understandings, written or oral, are merged into, extinguished by and completely expressed by it.

 

(b) Any notice required or permitted to be given by this License Agreement shall be given by personal delivery, prepaid overnight courier, prepaid registered or certified mail addressed to: Licensor: Global Resource Corporation, 408 Bloomfield Drive., Unit # 1 West Berlin, NJ 08091, and Licensee: Universal Alternative Fuel, Inc., 1400 Old Country Road, Suite 206, Westbury, New York 11590.

 

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[0001] This application is a continuation application of U.S. Patent Application No. 11/610,823, "Microwave-Based Recovery of Hydrocarbons and Fossil Fuels", filed December 14, 2006, now allowed, which claims the benefit of U.S. Provisional Patent Application No. 60/750,098, "Method for Using Microwave Radiation", filed December 14, 2005, the entirety of each application is incorporated by reference herein.

[0002] The present invention relates to methods and apparatuses for using microwave radiation and more particularly, to methods and apparatuses for decomposing compositions comprising petroleum-based materials.

[0003] Petroleum-based materials are integral to the world's economy and demand for such fuels and consumer products is increasing. As the demand rises, there is a need to efficiently and economically extract petroleum-based materials to fulfill that demand. As such, it would be advantageous to not only be able to extract petroleum-based materials from the earth, but to also recycle consumer products to recapture those petroleum-based materials.

 

[0004] Worldwide oil consumption is estimated at seventy-three million barrels per day and growing. Thus, there is a need for sufficient oil supplies. Tar sands, oil sands, oil shales, oil cuttings, and slurry oil contain large quantities of oil, however, extraction of oil from these materials is costly and time-consuming and generally does not yield sufficient quantities of usable oil.

 

[0005] Soil contaminated with petroleum products is an environmental hazard, yet decontamination of petroleum-tainted soil is time-consuming and expensive.

 

[0006] Furthermore, it has been estimated that 280 million gallons of oil-based products such as plastics go into landfills each day in the United States. It would be desirable to recapture and recycle the raw materials of these products.

 

 

[0007] Scrap vehicle tires are a significant problem worldwide and their disposal presents significant environmental and safety hazards, including fires, overflowing landfills, and atmospheric pollution. While there are a number of existing applications for these tires, including tire-derived fuels, road construction, and rubber products, these applications are insufficient to dispose of all the available scrap tires. The major components of tires are steel, carbon black, and hydrocarbon gases and oils, which are commercially desirable. As such, it is advantageous to develop processes for the recovery of these products from scrap vehicles tires. Prior art methods of decomposing scrap vehicle tires do not produce commercial-grade carbon black and require high temperatures and extended exposure times for recovery of the hydrocarbon components.

 

[0008] Efforts to recycle tires using microwave technology has been described in U.S. Patent Nos. 5,507,927 and 5,877,395 to Emery. Efforts to recover petroleum from petroleum-impregnated media has been described in U.S. Patent Nos. 4,817,711 and 4,912,971 to Jeambey. Efforts to decompose plastics using microwave radiation has been described in U.S. Patent No. 5,084,140 to Holland. The prior work has involved the use of single-frequency microwave radiation. Single-frequency microwave radiation is a slow process that does not provide uniform heating. Moreover, single-frequency microwave radiation typically results in arcing on metal components.

 

[0009] Thus, there is a need for methods and apparatuses for the recycling of petroleum-based compositions and for the recovery of petroleum-based materials from composites containing petroleum-based materials. The invention is directed to these and other important needs.

[0010] The present invention provides methods for decomposing compositions comprising carbon-based materials comprising subjecting the compositions to microwave radiation for a time sufficient to at least partially decompose the composition, wherein the microwave radiation comprises at least one frequency component in the range of from about 4 GHz to about 18 GHz.

 

[0011] The present invention provides methods for decomposing compositions comprising petroleum-based materials comprising subjecting the compositions to microwave radiation for a time sufficient to at least partially decompose the composition, wherein the microwave radiation comprises at least one frequency component in the range of from about 4 GHz to about 18 GHz.

 

 

[0012] The present invention further provides methods for recovery of petroleum-based materials from composites comprising those petroleum-based materials. The methods of the present invention include subjecting the composite to microwave radiation for a time sufficient to extract the petroleum-based material, wherein the microwave radiation comprises at least one frequency component in the range of from about 4 GHz to about 18 GHz.

 

[0013] The present invention also provides for products produced by the methods of the present invention.

 

[0014] The present invention additionally provides apparatuses for decomposing compositions comprising petroleum-based materials. The apparatuses of the present invention comprise a microwave radiation generator, wherein the generator is capable of applying microwave radiation characterized as having at least one frequency component in the range of from 4 GHz to about 18 GHz, and at least one container to collect decomposed components from the compositions. The present invention further provides apparatuses for extracting petroleum-based materials from composites comprising the petroleum-based material. These apparatuses comprise a microwave radiation generator, wherein the generator is capable of applying microwave radiation characterized as having at least one frequency component in the range of from 4 GHz to about 18 GHz, and at least one container to collect decomposed components from the composite.

 

[0015] The general description and the following detailed description are exemplary and explanatory only and are not restrictive of the invention, as defined in the appended claims. Other aspects of the present invention will be apparent to those skilled in the art in view of the detailed description of the invention as provided herein.

[0016] The summary, as well as the following detailed description, is further understood when read in conjunction with the appended drawings. For the purpose of illustrating the invention, there are shown in the drawings exemplary embodiments of the invention; however, the invention is not limited to the specific methods, compositions, and devices disclosed. In addition, the drawings are not necessarily drawn to scale. In the drawings:

 

[0017] FIGs. 1A — 1G illustrate an embodiment of the present invention directed to processing tire cuttings using microwaves to recover fuel oil;

 

[0018] FIG. 2A is an elevation view, axial direction, of a microwave reactor suitable for processing oil cuttings according to an aspect of the present invention;

 

[0019] FIG. 213 illustrates an elevation view of the microwave reactor of FIG. 2A, longitudinal direction;

 

 

[0020] FIG.2C illustrates an elevation view of the microwave device and control room suitable for generating microwaves and propagating the same through waveguides;

 

[0021] FIGs. 3A - 3B illustrate several embodiments of the present invention for extracting petroleum-based materials from oil slurry;

 

[0022] FIG. 4A illustrates an elevation view of a microwave reactor system suitable for processing shale rock, tar sands, drill cuttings, and the like;

 

[0023] FIG. 4B provides a plan view of FIG. 4A;

 

[0024] FIG. 5A is an illustration of one embodiment of the present invention for extracting petroleum-based materials from heavy oil contained in oil wells;

 

[0025] FIG. 5B is an illustration of one embodiment of the present invention for extracting petroleum-based materials from oil shale, in situ;

 

[0026] FIG. 6 is an illustration of one embodiment of the present invention for extracting petroleum-based materials from tar sands, oil sands and shale rock;

 

[0027] FIG. 7 is an schematic of one embodiment of the present invention for decomposing vehicle tires;

 

[0028] FIG. 8A is a plan view of an oil platform incorporating a drill cuttings microwave processing unit;

 

[0029] FIG. 8B illustrates an elevation view of the oil platform in FIG. 8A;

 

[0030] FIG. 8C illustrates a vertical and horizontal configurations of the drill cuttings microwave processing unit suitable for use in the oil platform illustrated in FIG. 8A;

 

[0031] FIG. 9A is a depiction of an electron microscope photograph of carbon black produced by the method of the present invention;

 

[0032] FIG. 9B is a depiction of an electron microscope photograph of carbon black produced by the method of the present invention;

 

[0033] FIG. 9C is a depiction of an electron microscope photograph of carbon black produced by the method of the present invention; and

 

[0034] FIGs. 10A-10E illustrate an additional embodiment of a drum reactor system for processing materials containing hydrocarbons.

[0035] The present invention may be understood more readily by reference to the following detailed description taken in connection with the accompanying figures and examples, which form a part of this disclosure. It is to be understood that this invention is not limited to the specific devices, methods, applications, conditions or parameters described and/or shown herein, and that the terminology used herein is for the purpose of describing particular embodiments by way of example only and is not intended to be limiting of the claimed invention. Also, as used in the specification including the appended claims, the singular forms "a," "an," and "the" include the plural, and reference to a particular numerical value includes at least that particular value, unless the context clearly dictates otherwise. The term "plurality", as used herein, means more than one. When a range of values is expressed, another embodiment includes from the one particular value and/or to the other particular value. Similarly, when values are expressed as approximations, by use of the antecedent "about," it will be understood that the particular value forms another embodiment. All ranges are inclusive and combinable.

 

 

[0036] It is to be appreciated that certain features of the invention which are, for clarity, described herein in the context of separate embodiments, may also be provided in combination in a single embodiment. Conversely, various features of the invention that are, for brevity, described in the context of a single embodiment, may also be provided separately or in any subcombination. Further, reference to values stated in ranges include each and every value within that range.

 

[0037] "Sweeping," as the term is used herein, is defined as the application of a plurality of radiation frequencies over a period of time.

 

[0038] "Pulsing," as used herein, means subjecting the composition to microwave radiation for a period of time, followed by periods of time wherein the composition is not subjected to microwave radiation.

 

[0039] "Oil," as used herein, means any hydrocarbon or petroleum-based oil.

 

[0040] "Gas," as used herein, includes any hydrocarbon-based material that is in the gaseous state at atmospheric temperature and pressure and includes, but is not limited to, methane, ethane, propane, butane, isobutene, or mixtures thereof.

 

[0041] "Carbon black," as used herein, includes any grade of commercially-acceptable carbon black, including, but not limited to, rubber black.

 

[0042] "Oil sands," also known as "tar sands," are deposits of bitumen, a heavy black viscous oil.

 

[0043] "Oil shale" is sedimentary rock containing a high proportion of Kerogen, which, when heated, can be converted into oil.

 

[0044] "Slurry oil" is refinery waste oil.

 

[0045] "Oil cuttings" are the waste product generated during the drilling of oil wells. Examples of oiI cuttings include, but are not limited to, bits and pieces of oil-soaked soil and rock.

 

[0046] "Hydrocarbons" are compositions that comprise carbon and hydrogen.

 

 

[0047] "Carbon-based" refers to matter that comprises carbon.

 

[0048] "Decompose" and "decomposing" refers to a process whereby matter is broken down to smaller constituents. For example, solids can be broken down into particles, liquids, vapors, gases, or any combination thereof; rubbery materials can be broken down into liquids, vapors, gases, or any combination thereof; viscous liquids can be broken down to lower viscosity liquids, vapors, gases, or any combination thereof; liquids can be broken down to vapors, gases, or any combination thereof; composite materials comprising inorganic solids and trapped organic matter can be broken down to inorganic solids and released organic vapors and gases, and the like.

 

[0049] 1 Torr = 1 mm Hg = 1 millimeter mercury.

 

[0050] Methods for decomposing compositions comprising petroleum-based materials are set forth herein. The compositions used in the present invention contemplate any composition comprised of petroleum-based, carbon-based and various hydrocarbon materials. The petroleum-based materials may be present in the composition in amounts ranging from about 1% to 100%, by weight, based on the weight of the composition. Preferably, the composition is a vehicle tire. In other embodiments, the composition comprises plastic, which includes, but is not limited to ethylene (co)polymer, propylene (co)polymer, styrene (co)polymer, butadiene (co)polymer, polyvinyl chloride, polyvinyl acetate, polycarbonate, polyethylene terephthalate, (meth)acrylic (co)polymer, or a mixture thereof. A variety of natural and synthetic resins and rubbers can also be decomposed according to the methods described herein. Various carbon-based materials that can also be processed according to the inventions described herein include coal, such as anthracite coal and bituminous coal.

 

[0051] In one embodiment, the composition is subjected to microwave radiation for a time sufficient to at least partially decompose the composition. The microwave radiation can be in the range of from about 4.0 and about 12.0 GHz. Other ranges can also be used, for example, in the range of from about 4 GHz to about 18 GHz, and more preferably in the range of from about 12 GHz to about 18 GHz. For example, coal can be processed at frequencies in the range of from about 4 GHz to about 18 GHz, and more preferably in the range of from about 12 GHz to about 18 GHz.

 

[0052] In one embodiment, the composition is subjected to one or more pre-selected microwave radiation frequencies. Preferably, the pre-selected microwave radiation frequency will be the resonating microwave frequency, i.e, the microwave radiation frequency at which the composition absorbs a maximum amount of microwave radiation. It has been determined that different compositions of the present invention will absorb more or less microwave radiation, depending on the frequency of the microwave radiation applied. It has also been determined that the frequency at which maximum microwave radiation is absorbed differs by composition. By using methods known in the art, a composition of the present invention can be subjected to different frequencies of microwave radiation and the relative amounts of microwave radiation absorbed can be determined. Preferably, the microwave radiation selected is the frequency that comparatively results in the greatest amount of microwave radiation absorption. In one embodiment, microwave radiation frequency resulting in a comparative maximum absorption of microwave radiation by the compositions of the present invention is in the range of from about 4.0 and about 12.0 GHz. In others, particularly with respect to vehicle tires, the microwave radiation frequency resulting in a comparative maximum absorption of microwave radiation by the compositions of the present invention is in the range of from about 4.0 and about 7.2 GHz. In yet others, the microwave radiation frequency resulting in a comparative maximum absorption of microwave radiation by the compositions of the present invention is in the range of from about 4.0 and about 6.0 GHz.

 

 

[0053] The present invention also provides methods for subjecting a composition to a sweeping range of microwave radiation frequencies for a time sufficient to at least partially decompose the composition. Preferably, variable frequency microwave ("VFM") is used to sweep the compositions. VFM is described in U.S. Patent No. 5,321,222 to Bible, et al. and U.S. Patent No. 5,521,360 to Johnson, et al., incorporated herein by reference in their entireties. Unlike single frequency microwave radiation, VFM produces a bandwidth of microwave radiation frequencies that are applied sequentially to the composition. Consequentially, the field distribution with VFM is substantially more uniform than the field distribution of single microwave frequency radiation. The more uniform field distribution of VFM produces fewer hot spots, resulting in more uniform heating of the composition. Moreover, generally, no single frequency is applied for longer than about 25 p.s. The short duration of each applied frequency produces no build-up of charge, thus eliminating discharge, or arcing, typically observed during single frequency microwave irradiation.

 

[0054] In some embodiments, particularly with respect to vehicle tires, the range of microwave radiation frequencies swept is in the range of from about 4.0 GHz to about 12.0 GHz. In certain embodiments, the range of microwave radiation frequencies swept is in the range of from about 5.8 GHz to about 7.0 GHz. In still others, the range of microwave radiation frequencies swept is in the range of from about 7.9 GHz and 8.7 GHz. In some embodiments, range of microwave radiation frequencies is in the C-Band frequency range, the C-Band frequency range encompassing microwave frequencies in the range of from about 4.0 GHz to about 8.0 GHz. In other embodiments, the range of microwave radiation frequencies is in the X- Band frequency range, the X-band frequency range encompassing microwave frequencies in the range of from about 8.0 GI-Iz to about 12.0 GHz.

 

[0055] Preferably, the sweeping of the range of microwave radiation frequencies encompasses a pre-selected, resonating microwave radiation frequency characterized as having at least one frequency component in the range of from about 4.0 GHz to about 12.0 GElz. This frequency can be selected by using the methods described herein and techniques known in the art. Preferably, the bandwidth of the sweeping range of microwave radiation is about 4.0 GHz. More preferably, the range of microwave frequencies with which the composition is swept, is about +1- 2 GHz of the pre-selected microwave radiation frequency. For example, if the pre­selected microwave radiation frequency is 7.2 GHz, the composition would be swept with the range of microwave radiation frequencies encompassing from about 5.2 to about 9.2 GHz. The microwave frequencies can also be swept at about +1- 1.5 GHz, or even +/- 1.0 GHz, or even +1­0.5 GHz of the preselected microwave frequency.

 

[0056] Upon decomposition of the compositions subjected to the methods and apparatuses of the invention, flammable hydrocarbon-based gases are released. To reduce the risk of ignition, it is preferred that the method be performed in an oxygen-deprived atmosphere. Preferably, the composition is exposed to less than about 12% oxygen. More preferably, the composition is exposed to less than about 8% oxygen. Even more preferably, the composition is exposed to less than about 5% oxygen.

 

 

[0057] In one embodiment, the composition is exposed an inert gas atmosphere. Preferably, the inert gas is nitrogen, argon, or mixtures thereof.

 

[0058] In some embodiments, the composition is exposed to less than atmospheric pressure. Preferably, the composition is exposed to less than about 40 Ton. More preferably, the composition is exposed to less than about 20 Ton. Even more preferably, the composition is exposed to less than about 5 Torr. Without being bound by any particular thery or operation, it is believed that operating at sub-atmospheric pressures helps to recover hydrocarbon-based gases and prevents over-heating.

 

[0059] In one embodiment, the composition of the present invention forms a vehicle tire. Using the methods of the present invention, the tire can be decomposed to produce at least one of oil, gas, steel, sulfur, and carbon black.

 

[0060] Over-exposure to microwave radiation and over-heating of the composition of the present invention may result in the recovery of non-commercially-acceptable carbon black. Controlling the temperature of the composition during microwave irradiation prevents such over exposure and over-heating to produce commercially-acceptable carbon black. Preferably, the temperature of the composition does not exceed about 700 °F. More preferably, the temperature of the composition does not exceed about 500 °F. Even more preferably, the temperature of the composition does not exceed about 465 °F.

 

[0061] In one embodiment, the temperature of the composition can be controlled while performing the method of the present invention by pulsing the microwave radiation subjection. For example, microwave radiation can be applied until the composition temperature reaches about 465 °F, at which time, the application of microwave radiation can be stopped for a time sufficient for the composition to cool between about 5 to 25 degrees. Once the composition has cooled, the application of microwave radiation can be resumed. This process can be repeated, as necessary, until the composition is sufficiently decomposed.

 

[0062] Decomposition products obtained from the compositions using the methods of the present invention may be refined and/or purified using techniques known in the art.

 

[0063] The present invention also provides methods for extracting petroleum-based materials from composites comprising the petroleum-based materials by subjecting the composites to microwave radiation for a time sufficient to extract the petroleum-based material. Preferably, the microwave radiation is in the range of from about 4.0 and about 12.0 GHz.

 

[0064] The composites are any material comprising petroleum-based materials, including, but not limited to, at least one of oil sands, oil shale, slurry oil, oil cuttings, and soil or sand contaminated with petroleum-based materials. As used herein, "composites" also includes, but is not limited to, oil wells.

 

 

[0065] In one embodiment, the composite is subjected to oneor more pre-selected microwave radiation frequencies. Preferably, the pre-selected microwave radiation frequency will be the resonating microwave frequency, i.e, the microwave radiation frequency at which the composite absorbs a maximum amount of microwave radiation. It has been determined that different composites of the present invention will absorb more or less microwave radiation, depending on the frequency of the microwave radiation applied. It has also been determined that the frequency at which maximum microwave radiation is absorbed differs by composite. By using methods known in the art, a composite of the present invention can be subjected to different frequencies of microwave radiation and the relative amounts of microwave radiation absorbed can be determined. Preferably, the microwave radiation selected is the frequency that comparatively results in the greatest amount of microwave radiation absorption. In one embodiment, microwave radiation frequency resulting in a comparative maximum absorption of microwave radiation by the composite of the present invention is in the range of from about 4.0 and about 12.0 GHz. In others, the microwave radiation frequency resulting in a comparative maximum absorption of microwave radiation by the composite of the present invention is in the range of from about7.9 and about 12.0 GHz. In yet others, the microwave radiation frequency resulting in a comparative maximum absorption of microwave radiation by the composite of the present invention is in the range of from about 7.9 and about 8.7 GHz.

 

[0066] The present invention also provides methods for recovery of petroleum-based materials from composites comprising those petroleum-based materials, by subjecting the composite to a sweeping range of microwave radiation frequencies for a time sufficient to extract the petroleum-based material, and wherein the range of frequencies of the microwave radiation is in the range of from about 4.0 GHz to about 12.0 GHz. The composites are any material comprising petroleum-based materials, including, but not limited to, at least one of oil sands, oil shale, slurry oil, oil cuttings and soil or sand contaminated with petroleum-based materials.

 

[0067] Preferably, variable frequency microwave ("VFM") is used to sweep the composites. VFM is described in U.S. Patent No. 5,321,222 to Bible, et al. and U.S. Patent No. 5,521,360 to Johnson, et al., incorporated herein by reference in their entireties. Unlike single frequency microwave radiation, VFM produces a bandwidth of microwave radiation frequencies that are applied sequentially to the composite. Consequentially, the field distribution with VFM is substantially more uniform than the field distribution of single microwave frequency radiation. The more uniform field distribution of VFM produces fewer hot spots, resulting in more uniform heating of the composite. Moreover, generally, no single frequency is applied for longer than about 25 usr, or no longer than about 20 us, or no longer than about 15us, or even no longer than about 10 us. The short duration of each applied frequency produces no build-up of charge, thus eliminating discharge, or arcing, typically observed during single frequency microwave irradiation.

 

[0068] In certain embodiments, the range of microwave radiation frequencies is in the range of from about 7.9 GHz to about 12.0 GHz. In still others, the range of microwave radiation frequencies is in the range of from about 7.9 GHz and 8.7 GHz. In some embodiments, range of microwave radiation frequencies is in the C-Band frequency range, the C-Band frequency range encompassing microwave frequencies in the range of from about 4.0 GHz to about 8.0 GHz. In other embodiments, the range of microwave radiation frequencies is in the X- Band frequency range, the X-band frequency range encompassing microwave frequencies in the range of from about 8.0 GHz to about 12.0 GHz.

 

 

[0069] Preferably, the sweeping of the range of microwave radiation frequencies encompasses one or more pre-selected microwave radiation frequencies in the range of from about 4.0 GHz to about 12.0 GHz. This frequency can be selected by using the methods described herein and techniques known in the art. In one embodiment, the pre-selected microwave radiation frequency is in the range of from about 7.9 and about 8.7 GHz. In other embodiments, the bandwidth of the sweeping range of microwave radiation is about 4.0 GHz. More preferably, the range of microwave frequencies with which the composition is swept, is about +/- 2 GHz of the pre-selected microwave radiation frequency. For example, if the pre­selected microwave radiation frequency is 7.2 GHz, the composition would be swept with the range of microwave radiation frequencies encompassing from about 5.2 to about 9.2 GHz.

 

[0070] Upon extraction, flammable hydrocarbon-based gases are released. To reduce the risk of ignition, it is preferred that the method be performed in an oxygen-deprived atmosphere. Preferably, the composite is exposed to less than about 12% oxygen. More preferably, the composite is exposed to less than about 8% oxygen. Even more preferably, the composite is exposed to less than about 5% oxygen.

 

[0071] In one embodiment, the composite is exposed to an inert gas atmosphere. Preferably, the inert gas is nitrogen, argon, or mixtures thereof.

 

[0072] In some embodiments, the composite is exposed to less than atmospheric pressure. Preferably, the composite is exposed to less than about 40 Torr. More preferably, the composite is exposed to less than about 20 Torn Even more preferably, the composite is exposed to less than about 5 Torr.

 

[0073] In one embodiment, the composite is subjected to microwave radiation sufficient to heat the petroleum-based material to its boiling point temperature. Boiling point temperatures of petroleum-based materials are known in the art. Reducing the pressure at which the composite is exposed will result in a decrease in the boiling point temperature of the petroleum-based material. Those of skill in the art will be able to determine the boiling point temperatures of petroleum-based materials at different pressures.

 

[00741 In some embodiments, the methods of the present invention may be used in situ to extract petroleum-based materials from composites located in the field. In other embodiments, inert gases may be flowed, in situ, onto the composites. In one embodiment, the pressure surrounding the composite may be reduced to below atmospheric pressure.

 

[0075] Using the methods of the present invention, oil and/or gases can be recovered from the composite.

 

[0076] The petroleum-based material extracted using the methods of the present invention may be refined and/or purified using techniques known in the art.

 

[0077] The present invention also provides for apparatuses for decomposing a composition comprising a petroleum-based material. In one embodiment, the apparatuses of the present invention comprise a microwave radiation generator, wherein the generator is capable of applying microwave radiation characterized as having at least one frequency component in the range of from about 4.0 and about 12.0 GHz, and at least one container to collect decomposed components from the composition. In one embodiment, the microwave radiation generator is capable of applying a microwave radiation frequency between about 4.0 and about 12.0 GHz.

 

 

[0078] In other embodiments, the apparatuses of the present invention comprise a microwave radiation generator, wherein the generator is capable of applying a sweeping range of frequencies of microwave radiation characterized as having at least one frequency component in the range of from about 4.0 GHz to about 12.0 GHz, and at least one container to collect decomposed components from the composition. In other embodiments, microwave radiation generator is capable of applying sweeping microwave radiation in the C-Band frequency range. In yet other embodiments, microwave radiation generator is capable of applying sweeping microwave radiation in the X-Band frequency range. In yet other embodiments, microwave radiation generator is capable of applying sweeping microwave radiation in the Ku-Band frequency range (about 12 GHz to about 18 GHz). In further embodiments, the microwave radiation generator is capable of applying sweeping microwave radiation in the range of about 5.8 GHz to about 7.0 GHz. In yet other embodiments, the microwave radiation generator is capable of applying sweeping microwave radiation in the range of about 7.9 GHz to about 8.7 GHz.

 

[0079] In another embodiment, the chamber is open to the outside atmospheric conditions. In other embodiments, the chamber is closed to the outside atmosphere. In yet other embodiments, the chamber has an internal pressure of less than atmospheric pressure. Preferably, the chamber is capable of operating at a pressure of less than about 40 Torr. More preferably, the chamber is capable of operating at a pressure of less than about 20 Ton. Even more preferably, the chamber is capable of operating a pressure of less than about 5 Ton.

 

[0080] The present invention also provides for apparatuses for extracting a petroleum- based material from a composite comprising the petroleum-based material. In one embodiment, the apparatuses of the present invention comprise a microwave radiation generator, wherein the generator is capable of applying microwave radiation characterized as having at least one frequency component in the range of from about 4.0 GHz to about 12.0 GHz, and at least one container to collect the extracted petroleum-based material. In some embodiments, the microwave radiation generator is capable of applying a microwave radiation frequency of characterized as having at least one frequency component in the range of from about 4.0 and about 12.0 GI-lz.

 

[0081] In other embodiments, the apparatuses of the present invention comprise a microwave radiation generator, wherein the generator is capable of applying a sweeping range of frequencies of microwave radiation characterized as having at least one frequency component in the range of from about 4.0 GHz to about 12.0 GHz, and at least one container to collect the extracted petroleum-based material. In some embodiments, the microwave radiation generator is capable of applying sweeping microwave radiation in the C-Band frequency range. In yet other embodiments, microwave radiation generator is capable of applying sweeping microwave radiation in the X-Band frequency range. In further embodiments, the microwave radiation generator is capable of applying sweeping microwave radiation in the range of about 5.8 GHz to about 7.0 GHz. In yet other embodiments, the microwave radiation generator is capable of applying sweeping microwave radiation in the range of about 7.9 GHz to about 8.7 GHz.

 

[0082] In some embodiments, the apparatuses of the present invention may be used in situ to extracted petroleum-based materials from composites located in the field.

 

 

[0083] In other embodiments, the apparatuses further comprise at least one chamber for holding the composite. In another embodiment, the chamber is open to the outside atmospheric conditions. In other embodiments, the chamber is closed to the outside atmosphere. In yet other embodiments, the chamber has an internal pressure of less than atmospheric pressure. Preferably, the chamber is capable of operating at a pressure of less than about 40 Torr. More preferably, the chamber is capable of operating at a pressure of less than about 20 Ton. Even more preferably, the chamber is capable of operating at a pressure of less than about 5 Torr.

 

[0084] In other embodiments, the apparatuses further comprise at least one chamber for holding the composition. The volume of the compositions of the present invention may reduce during decomposition. In some embodiments, the chamber may have a conveyor having a perforated bottom such that decomposed materials may fall out of the chamber once reaching a particular size, so as not to over-expose the materials to microwave radiation. The conveyor may be adapted to be oscillated.

 

[0085] An exemplary embodiment of the present invention is depicted in FIGS. IA- 1G. Figures 1A-1G demonstrates one apparatus wherein tire fragments are placed on a first conveyor belt that carries the tire pieces through three, differently-sized chambers of the apparatus. In a first chamber, the tire pieces are exposed to microwave radiation using the methods described herein. As the tire fragments decompose, the smaller pieces will fall through perforations in the first conveyor and drop to a second conveyor. The second conveyor is not exposed to microwave radiation in the first chamber. The second conveyor carries the pieces to a second chamber, wherein they are exposed to microwave radiation using the methods described herein. As the pieces decompose, the smaller pieces fall through the perforations in the second conveyor to a third conveyor. The perforations in the second conveyor are smaller than the perforations in the first conveyor. The third conveyor is not exposed to microwave radiation in the second chamber. The third conveyor carries the pieces to a third chamber, wherein they are exposed to microwave radiation using the methods described herein. As the pieces decompose, the smaller pieces fall through the perforations in the third conveyor to a fourth conveyor. The perforations in the third conveyor are smaller than the perforations in the second conveyor. Decomposition will be essentially complete after exposure in the third chamber and the material remaining on the fourth conveyor will be mainly steel, carbon black, and ash, which can be further processed using techniques known in the art.