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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/19/2026 has been entered.
Claims 1-7, 9-16, and 18-21 are currently pending and have been fully considered.
Claims 8 and 17 have been cancelled.
Claim 21 has been added.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-7, 9-16, and 18-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 and 34-39 of copending Application No. 16/362157. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed toward a fuel composition that comprises a major amount of fuel and a minor amount of a LSPI additive that includes an amino additive.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 4, 5, 9, 12, 13, 16, 18 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-31 of U.S. Patent No. 11,142,715. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed toward a fuel composition that comprises a major amount of fuel and a minor amount of a LSPI additive that includes an amino additive. U.S. Patent No. 11,142,715 teach amino alkanediols which overlap the claimed amino additives presently claimed. A carboxylic acid salt of the amino alkanediols is taught in U.S. Patent No. 11,142,715.
Response to Arguments
Applicant’s arguments and amendments regarding the 35 USC 103 rejections of claims 1-3, 9-11 and 16 have been considered and have overcome the previous prior art rejection of record. The 35 U.S.C. 103 rejections of claims 1-3, 9-11 and 16 have been withdrawn.
The prior art does not teach a fuel composition comprising a LSPI additive that comprises the salt of an amino alcohol with a secondary LSPI-reducing additive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
MORETON (U.S. 6328771) teaches a fuel composition comprising a major amount of hydrocarbon fuel and a minor lubricity improving amount of a composition comprising the salt reaction product of a component (A) with component (B). Component (A) is a carboxylic acid. Component (B) is a heterocyclic amine. Component (B) is taught in lines 18-26 of column 2 to comprise 1-(2-aminoethyl)-2-methyl-2-imidazoline. An imidazoline may be considered an amidine.
MOSIER (USPGPUB 2016/0230115) teaches lubricant compositions comprising direct injection engines that includes performance enhancing additives that include triazoles and imidazolines (amidines)
MCCOY et al. (US 3876391) teach emulsions comprising fuels such as gasoline and diesel with ethanolamine.
GAO (USPGPUB 2015/0322372) teaches LSPI reduction.
BIALY et al. (U.S. 3976441) et al. teach substituted aminoalkylpropanediol and motor fuel composition comprising the same.
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/MING CHEUNG PO/ Examiner, Art Unit 1771
/ELLEN M MCAVOY/ Primary Examiner, Art Unit 1771
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