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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-7, 9-10, 15-21 and 24-27 have been considered but are moot because the new ground of rejection does not rely on the same reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-5, 10, 15-19 and 24-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalnes (US 2013/0310613 A1).
Kalnes teaches a method of producing paraffins for fuels from renewable resources, see abstract. The process may produce diesel and other fuels, see p 11. The product may be part of a jet fuel, diesel fuel, or naphtha., see p 7.
The process uses animal fats (tallow) and vegetable oil. Soy, rapeseed, algal and canola oils may all be used. See p 41.
The process includes pretreatment that includes demetallation (p 13) degumming and water removal. See p 18-20 and p 49-50.
After pretreatment the feed undergoes a hydrotreatment that is hydrodeoxygenating. See p 29. This is done at 200C to 400C. See p 54.
The result is at least 90% paraffins, see p 29. It is referred to as essentially n-paraffins having about 8 to 24 carbon atoms, see p 80. P 80 describes that different feedstocks will have different carbon number ranges, so propane production is possible. See p 73 for propane. This may be removed at any point.33
There is a subsequent optional isomerization step, see p 64. Other optional steps may follow, see p 55. These optional steps constitute further refinery processing by a unit.
The feed is fractionalized by distillation., see p 70-71 and 60 and 69.
In a case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1946), and MPEP 2144.05.
Claim(s) 6-7, 9, 20-21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalnes (US 2013/0310613 A1) and Panditrao et al (US 2018/0079699 A1).
To see what Kalnes teaches please see above. Kalnes does not specifically state the propane is turned to in propylene and then alkylated.
Panditrao teaches a method for converting propane to propylene. The propylene is then alkylated, see abstract.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the propane of Kalnes in the invention of Panditrao. Panditrao uses propane as the feedstock, and the purpose of Kalnes is to produce a variety of products for use. Propane may be produced for use in Kalnes, please see above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK C CAMPANELL whose telephone number is (571)270-3165. The examiner can normally be reached Monday-Friday 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANCIS C CAMPANELL/Examiner, Art Unit 1771
/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771
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