DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/11/2026 has been entered.
Election/Restrictions
Group II-IV (claims 18-20) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/2/2025.
Species (b), (c), (e) and (f) (claims 5-6) are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected species.
Response to Amendment
The amendment filed on 3/11/2026 has been entered. Claim(s) 1 is/are currently amended. Claim(s) 1-20 is/are pending with claim(s) 5-6 and 18-20 withdrawn from consideration. Claim(s) 1-4 and 7-17 is/are under examination in this office action.
Response to Arguments
Applicant's argument filed on 3/11/2026, with respect to 103 rejection has been fully considered but is not persuasive.
Applicant argued that Trapp is directed to entrained-flow partial oxidation gasification of coal co-fed with tires to generate stable syngas for general chemical use, with emphasis on slurry pumpability, slag handling, and gasifier operability, not on downstream catalyst-sensitive aromatic or aniline synthesis. Trapp neither teaches nor motivates the extensive syngas conditioning (acid gas removal, tar/metal removal, H₂/CO tuning) required for benzene → aniline → tire-grade additive synthesis as claimed.
In response, the office action cited Trapp as a reference teaching converting at least one of shredded tires and rubber-containing components of shredded tires to syngas. Trapp is not cited to teach the claimed conditioning.
Applicant argued that Hattori discloses synthesis of benzene and aniline from biomass-derived ethanol or phenol, not from end-of-life tire-derived syngas. Hattori does not address impurity-laden syngas, nor does it disclose or suggest integrating waste gasification with tire-grade anti-degradant or vulcanization-accelerator manufacture.
In response, the office action cited Hattori as a reference teaching that the aniline is synthesized from the at least one of the benzene and the alkyl-substituted benzene. Hattori is not cited to teach the claimed syngas.
Applicant argued that Cheng teaches a bifunctional Zn–ZrO₂/H-ZSM-5 catalyst for direct syngas-to-aromatics, requiring clean syngas, precise H₂/CO ratios, and catalyst proximity. Cheng does not contemplate syngas derived from tires, nor operation downstream of a high-temperature gasifier absent extensive purification. A person of ordinary skill in the art would not reasonably combine Cheng’s catalyst system with Trapp’s gasifier without Applicants’ disclosed conditioning architecture.
In response, Cheng teaches synthesizing aromatics such as benzene from syngas using zeolite catalyst; and the syngas is a mixture of carbon monoxide and hydrogen [p. 334, under “Summary” and “Introduction”]. Cheng expressively teaches that syngas can be produced from various carbon resources, even waste [Introduction]. Therefore, one of ordinary skill in the art would limit the source of syngas. In the same field of endeavor, Trapp teaches a process of producing syngas from shredded tires. It would have been obvious to one of ordinary skill in the art at the time of filing to use shredded tires to make the syngas, as it is expressly disclosed as being useful in this capacity.
Applicant argued that the claimed limitation of adjusting the H₂/CO molar ratio prior to benzene synthesis is not taught by Cheng, which assumes pre-cleaned syngas and does not address conditioning required for impurity-laden tire-derived feeds.
In response, Cheng does not require pre-cleaned syngas. As mentioned above, Cheng teaches that the syngas can be from any source, including waste. Chen teaches adjusting the CO/H2 molar ratio in the syngas to obtain selectivity of aromatics, based on different syngas resources [P336 Fig. 1; P337 Fig. 2; P337 last full para.]. Therefore, the recited “conditioning the syngas by adjusting an H₂/CO molar ratio to a composition suitable for benzene synthesis” is obvious.
Applicant did not make any comment on the 112(b) rejection. Therefore, the 112(b) rejection remains.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 and 7-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Clam 1 recites “wherein each synthesis step is performed in a sequential reactor system fluidly connected to the preceding step”. The term “fluidly connected” is not defined by the specification and thus its meaning is not clear. For the purpose of further examination, based on the broadest reasonable interpretation, this limitation is interpreted as a sequential reactor system connected to the preceding step and a fluid can move from the preceding reactor to the subsequent reactor.
Claims 2-4 and 7-17 are rejected likewise as depending on claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4 and 7-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nandi et al (US 20150045584 A1) in view of Hattori et al (US 20150315125 A1), Cheng et al. (“Bifunctional Catalysts for One-Step Conversion of Syngas into Aromatics with Excellent Selectivity and Stability Chem 3, 334–347, August 10, 2017 ª 2017 Elsevier Inc.), and Trapp et al (US 20200248083 A1).
Regarding claims 1-4, 7, 10-11, Nandi teaches a process for the manufacture of 4-aminodiphenylamine (4-ADPA), which is used to make N-(1,3-dimethylbutyl)-N'-phenyl para-phenylenediamine (6PPD), used as antioxidants and antiozonants for rubber products, especially in tire manufacture [abstract, 0002].
The examiner submits that the antioxidants and antiozonants read on the recited tire-forming additive in claim 1 and anti-degradant in claim 2; the 4-aminodiphenylamine reads on the recited anti-degradant in claim 3; the N-(1,3-dimethylbutyl)-N'-phenyl para-phenylenediamine (6PPD) is equivalent to the recited N-(1,3-dimethylbutyl)-N'phenyl-1,4-benzenediamine in claim 4.
Nandi teaches that 4-ADPA is synthesized from aniline [abstract, 0003, 0015].
Nandi does not teach that the aniline is synthesized from the at least one of the benzene and the alkyl-substituted benzene.
In the same field of endeavor, Hattori teaches a method of synthesizing substances for tire rubber [abstract] comprising synthesizing nitrobenzene from benzene followed by synthesizing aniline from nitrobenzene [0145-0146]. This reads on the recited synthesizing at least one of aniline and an alkyl-substituted aniline in claims 1 and 10.
It would have been obvious to one of ordinary skill in the art at the time of filing to use Hattori’s method to synthesize the aniline, as it is expressly disclosed as being useful in this capacity.
Hattori does not teach synthesizing at least one of benzene and an alkyl-substituted benzene, from carbon monoxide and hydrogen in the syngas.
Cheng teaches synthesizing aromatics such as benzene from syngas using zeolite catalyst; and the syngas is a mixture of carbon monoxide and hydrogen [p. 334, under “Summary” and “Introduction”]. The syngas can be produced from various carbon resources, even waste [Introduction]. Chen teaches adjusting the CO/H2 molar ratio in the syngas to obtain selectivity of aromatics, based on different syngas resources [P336 Fig. 1; P337 Fig. 2; P337 last full para.]. Therefore, the recited “conditioning the syngas by adjusting an H₂/CO molar ratio to a composition suitable for benzene synthesis” is obvious; and the syngas with the right CO/H2 molar ratio meets the claimed “conditioned syngas”.
The examiner submits that the above teaching by Cheng reads on claims 7 and 11.
It would have been obvious to one of ordinary skill in the art at the time of filing to use Cheng’ conditioned syngas to make the benzene, as it is expressly disclosed as being useful in this capacity.
Cheng does not teach converting at least one of shredded tires and rubber-containing components of shredded tires to syngas.
In the same field of endeavor, Trapp teaches a process of producing syngas from post-consumer tires [0016-0017]. The tires are shredded [0036]. Shredded tires are generally recognized as a waste. Cheng teaches that the syngas source can be waste, as stated above.
It would have been obvious to one of ordinary skill in the art at the time of filing to use shredded tires to make the syngas, as it is expressly disclosed as being useful in this capacity.
Even though no reference individually teach the recited limitation “wherein each synthesis step is performed in a sequential reactor system fluidly connected to the preceding step”, the combination of Trapp, Cheng, Hattori, and Nandi would obviously lead to this limitation, because the combination of Trapp, Cheng, Hattori, and Nandi requires putting each of the individual processes together, each of the individual processes becoming individual steps; and these steps must be performed in a sequential reactor system fluidly connected to the preceding step because each preceding step makes the product recited in the subsequent step; and all the product must be transferred from one step to another as a fluid.
Regarding claim 8, Cheng teaches that the catalyst system is Zn-ZrO2 nanoparticles and H-ZSM-5 zeolite [p. 334 under “Summary”]. The Zn-ZrO2 reads on the claimed zinc-based catalyst.
Regarding claim 9, Cheng teaches that the aromatics are produced by re-forming of naphtha [p. 335, first para.]. Since the starting material is syngas as stated above, the process comprises converting syngas into naphtha followed by re-formation of naphtha into the aromatics (e.g., benzene).
Regarding claim 12, Cheng teaches varying the ratio of H2/CO [p.337, last full para.].
Regarding claim 13, Trapp teaches reducing sulfur content in the syngas, resulting purified syngas stream suitable for manufacture of chemicals [0182]. It would have been obvious to one of ordinary skill in the art at the time of filing to reduce a sulfur content of the syngas in order to obtain purified syngas stream suitable for manufacture of chemicals.
Regarding claim 14, Trapp teaches separating ash from the syngas [0124, 0184].
Regarding claim 15, Trapp teaching using post-consumer waste tires for recycle [0002-0003], which read on the claimed end of life tires.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nandi in view of Hattori, Cheng and Trapp as applied to claim 1 above, further in view of Willigenburg (US 20200399546 A1).
Regarding claim 16, Nandi in view of Hattori, Cheng and Trapp teaches the method in claim 1. Nandi in view of Hattori, Cheng and Trapp does not teach synthesizing a rubber polymer from syngas and combining the rubber polymer with the tire-forming additive.
Willigenburg teaches synthesizing butadiene (1,3-butadiene) from naphtha [0040, 0043, 0046, 0085]; whereas naphtha can be obtained from syngas [0027].
Hattori teaches synthesis of styrene butadiene rubber (SBR) from 1,3-butadiene [0169].
It would have been obvious to one of ordinary skill in the art at the time of filing to synthesize 1,3-butadiene from syngas according to Willigenburg; and then synthesizing SBR polymer from 1,3-butadiene according to Hattori, because Willigenburg and Hattori disclosed that the methods are suitable for making 1,3-butadiene and SBR polymer, respectively.
Nandi teaches using additives such as 4-ADPA and 6PPD in rubber products, especially for tires, as stated above. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to combine the additives taught by Nandi with the SBR polymer.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nandi in view of Hattori, Cheng and Trapp as applied to claim 1 above, further in view of Kim (US 20200010741A1) and Kriegel et al. (US 20090246430A1).
Regarding claim 17, Nandi in view of Hattori, Cheng and Trapp teaches the method in claim 1. Nandi in view of Hattori, Cheng and Trapp does not teach synthesizing a reinforcing material from syngas and combining the reinforcing material with a rubber composition derived from the tire-forming additive and a rubber-forming polymer.
Hattori further teaches that fillers may be included in rubber compositions used to form tires [0113).
In the same field of endeavor, Kim teaches that polyester fibers such as PET are used as reinforcing material in tires [0002).
It would have been obvious to one of ordinary skill in the art at the time of filing to select polyester fibers such as PET as the reinforcing material in the tire rubber of Nandi in view of Hattori, Cheng and Trapp, as Kim expressively teaches polyester fibers such as PET are as being useful in this capacity. It has been established that selection of a known material based on its suitability for its intended use is prima facie obvious (Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)). See MPEP 2144.07.
Kim does not teach that the polyester fibers such as PET are formed from Syngas.
In the same field of endeavor, Kriegel teaches a bio-based PET [Abstract] formed by a process including steps of converting syngas to p-xylene, and oxidizing p-xylene to terephthalic acid [0025], to take advantage of a production method reliant on renewable resources rather than petroleum [0006].
It would have been obvious to one of ordinary skill in the art at the time of filing to form the PET fibers by first producing terephthalic acid from syngas to take advantage of a production method reliant on renewable resources rather than petroleum.
Hattori teaches (SBR) as a rubber-forming polymer for tires as stated above. Nandi teaches 4-ADPA and 6PPD as tire-forming additives as stated above. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to combine the polyester fibers such as PET derived from syngas as the reinforcing material with the tire-forming additive taught by Nandi and the rubber-forming polymer taught by Hattori in tires.
Conclusion
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/JIANGTIAN XU/Primary Examiner, Art Unit 1762