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 .
Claim Objections
Claim 1 is objected to because of the following informalities: Language inconsistency.
Claim 1 recites: “…wherein the inlet end of the reactor is configured such that…” Language consistency is recommended in order to avoid confusion.
For purposes of examination, examiner will interpret claim 1 as reciting: “…wherein the inlet end of the tubular reactor is configured such that…”
Claim 1 recites: “…a flowing polymeric extrudate exiting the outlet of the extruder…” Language consistency is recommended in order to avoid confusion.
For purposes of examination, examiner will interpret claim 1 as reciting: “…a flowing polymeric extrudate exiting the downstream outlet of the extruder…”
Appropriate correction is required.
Double Patenting
Claim 17 is objected to under 37C.F.R. 1.75 as being a substantial duplicate of claim 10. Similarly, claim 18 is object to as being a substantial duplicate of claim 11 and claim 19 is objected to as being a substantial duplicate of claim 12. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being substantial duplicate of the allowed claim. See MPEP § 706.03.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 20 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 8 of prior U.S. Patent No. 10,967,349. This is a statutory double patenting rejection.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 7-15 and 20 are rejected on the ground of nonstatutory double patenting as being anticipated by claims 1-3 and 6-11 of U.S. Patent No. 10,421,052.
Claim 1 of US Pat. No. 10,421,052 contains substantially similar limitations as claim 1 of instant invention, thereby anticipating the subject matter of the claimed invention.
Claim 2 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 2 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 3 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 3 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 6 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 7 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 7 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 8 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 8 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 9 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 9 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 10 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 10 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 11 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 11 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 12 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 2 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 2 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 6 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 13 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 7 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 14 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 1 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 15 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 6 of US Pat. No 10,421,052 contains substantially similar structural limitations as claim 20 of instant invention, thereby reading on the subject matter of the claimed invention.
Claims 1, 7, 13 and 15 are rejected on the ground of nonstatutory double patenting as being anticipated by claims 3 and 8 of U.S. Patent No. 10,967,349.
Claim 3 of US Pat. No. 10,967,349 contains substantially similar limitations as claim 1 of instant invention, thereby anticipating the subject matter of the claimed invention.
Claim 8 of US Pat. No. 10,967,349 contains substantially similar limitations as claim 1 of instant invention, thereby anticipating the subject matter of the claimed invention.
Claim 3 of US Pat. No 10,967,349 contains substantially similar structural limitations as claim 7 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 8 of US Pat. No 10,967,349 contains substantially similar structural limitations as claim 7 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 3 of US Pat. No 10,967,349 contains substantially similar structural limitations as claim 13 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 8 of US Pat. No 10,967,349 contains substantially similar structural limitations as claim 13 of instant invention, thereby reading on the subject matter of the claimed invention.
Claim 8 of US Pat. No 10,967,349 contains substantially similar structural limitations as claim 15 of instant invention, thereby reading on the subject matter of the claimed invention.
Claims 1 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 11,498,040 in view of Flynn et al. (US Pat. No. 10,421,052, hereinafter Flynn).
Claim 1 of US Pat. No. 11,498,040 contains substantially similar limitations as claim 1 of instant invention except: A machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, wherein the outlet end of the tubular reactor is fluidically connected to at least a first downstream chamber.
However, Flynn teaches a machinery for transforming polymeric materials into a plurality of liquid reaction products by way of supercritical water reaction. The green technology herein enables the economic utilization of abundant biomass and waste plastics as viable renewable feedstocks for conversion into alternative liquid transportation fuels and valuable green-chemical products (see column 1, lines 27-36). The machine comprises (1) an extruder having an inlet and a downstream outlet, wherein the downstream outlet is coincident with the longitudinal axis of the extruder; (2) a steam generator fluidically connected to a downstream inlet manifold, wherein the inlet manifold forms a ring having a plurality of inwardly facing exit portals, wherein the plurality of exit portals is circumferentially positioned about the inner surface of the ring; and (3) a tubular reactor having an interior space fluidically connected to an inlet end and an outlet end (of the tubular reactor), wherein the inlet end of the tubular reactor is adjacent and fluidically connected to both (i) the outlet of the extruder, and (ii) the plurality of circumferentially positioned exit portals of the inlet manifold. In addition, the outlet end of the tubular reactor is fluidically connected to at least a first downstream chamber (see column 2, line 52 to column 3, line 5).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify claim 1 of US Pat. No. 11,498,040 by further having a machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, and wherein the outlet end of the tubular reactor is fluidically connected to at least a first downstream chamber, as claimed in claim 1 of instant invention, with a reasonable expectation of success, as Flynn teaches a machinery for transforming polymeric materials into a plurality of liquid reaction products by way of supercritical water reaction comprising (1) an extruder having an inlet and a downstream outlet, wherein the downstream outlet is coincident with the longitudinal axis of the extruder; (2) a steam generator fluidically connected to a downstream inlet manifold, wherein the inlet manifold forms a ring having a plurality of inwardly facing exit portals, wherein the plurality of exit portals is circumferentially positioned about the inner surface of the ring; and (3) a tubular reactor having an interior space fluidically connected to an inlet end and an outlet end (of the tubular reactor), wherein the inlet end of the tubular reactor is adjacent and fluidically connected to both (i) the outlet of the extruder, and (ii) the plurality of circumferentially positioned exit portals of the inlet manifold, whereby the outlet end of the tubular reactor is fluidically connected to at least a first downstream chamber, wherein the green technology herein enables the economic utilization of abundant biomass and waste plastics as viable renewable feedstocks for conversion into alternative liquid transportation fuels and valuable green-chemical products (see column 1, lines 27-36 and column 2, line 52 to column 3, line 5).
Claim 1 of US Pat. No. 11,498,040 contains substantially similar limitations as claim 3 of instant invention except: A machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, wherein the outlet end of the tubular reactor is fluidically connected to at least a first downstream chamber, and further comprising a ram centrally positioned within the tubular reactor, wherein the ram is movable back and forth within and along the longitudinal axis of the tubular reactor to thereby increase or decrease the volume of the interior space.
However, Flynn teaches a machinery for transforming polymeric materials into a plurality of liquid reaction products by way of supercritical water reaction. The green technology herein enables the economic utilization of abundant biomass and waste plastics as viable renewable feedstocks for conversion into alternative liquid transportation fuels and valuable green-chemical products (see column 1, lines 27-36). The machine comprises (1) an extruder having an inlet and a downstream outlet, wherein the downstream outlet is coincident with the longitudinal axis of the extruder; (2) a steam generator fluidically connected to a downstream inlet manifold, wherein the inlet manifold forms a ring having a plurality of inwardly facing exit portals, wherein the plurality of exit portals is circumferentially positioned about the inner surface of the ring; and (3) a tubular reactor having an interior space fluidically connected to an inlet end and an outlet end (of the tubular reactor), wherein the inlet end of the tubular reactor is adjacent and fluidically connected to both (i) the outlet of the extruder, and (ii) the plurality of circumferentially positioned exit portals of the inlet manifold. In addition, the outlet end of the tubular reactor is fluidically connected to at least a first downstream chamber (see column 2, line 52 to column 3, line 5). The inventive machine further comprises a movable (adjustably extendable) ram centrally positioned within the tubular reactor. The ram (which may take the form of a rod and is sometimes referred to as a “spear”) is movable back and forth within and along the longitudinal axis of the tubular reactor to thereby increase or decrease the volume of the interior space of the tubular reactor. In this way, the residence time of the supercritical water reaction occurring within the tubular reactor (during operation of the machine) may be selectively and readily changed (with longer residence times corresponding to larger reactor volumes) (see column 3, lines 6-18).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify claim 1 of US Pat. No. 11,498,040 by further having a machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, and wherein the outlet end of the tubular reactor is fluidically connected to at least a first downstream chamber, and further comprising a ram centrally positioned within the tubular reactor, wherein the ram is movable back and forth within and along the longitudinal axis of the tubular reactor to thereby increase or decrease the volume of the interior space. as claimed in claim 13 of instant invention, with a reasonable expectation of success, as Flynn teaches a machinery for transforming polymeric materials into a plurality of liquid reaction products by way of supercritical water reaction comprising (1) an extruder having an inlet and a downstream outlet, wherein the downstream outlet is coincident with the longitudinal axis of the extruder; (2) a steam generator fluidically connected to a downstream inlet manifold, wherein the inlet manifold forms a ring having a plurality of inwardly facing exit portals, wherein the plurality of exit portals is circumferentially positioned about the inner surface of the ring; (3) a tubular reactor having an interior space fluidically connected to an inlet end and an outlet end (of the tubular reactor), wherein the inlet end of the tubular reactor is adjacent and fluidically connected to both (i) the outlet of the extruder, and (ii) the plurality of circumferentially positioned exit portals of the inlet manifold, whereby the outlet end of the tubular reactor is fluidically connected to at least a first downstream chamber, and (4) a movable (adjustably extendable) ram centrally positioned within the tubular reactor, wherein the ram is movable back and forth within and along the longitudinal axis of the tubular reactor to thereby increase or decrease the volume of the interior space of the tubular reactor, and in this way, the residence time of the supercritical water reaction occurring within the tubular reactor (during operation of the machine) may be selectively and readily changed (with longer residence times corresponding to larger reactor volumes), a movable (adjustably extendable) ram centrally positioned within the tubular reactor, whereby the green technology herein enables the economic utilization of abundant biomass and waste plastics as viable renewable feedstocks for conversion into alternative liquid transportation fuels and valuable green-chemical products (see column 1, lines 27-36 and column 2, line 52 to column 3, line 18).
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 10-12 and 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.
Claim 10 recites the limitation “…further comprising a reciprocating piston pump assembly fluidically connected to the base end of the steam generator, and a first valve positioned between, and fluidically connected to, the top end of the steam generator and the inlet manifold.” There is no mention of a base end of the steam generator and a top end of the steam generator previously in any of the claims which claim 10 depends from. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 10 as reciting: “…further comprising a reciprocating piston pump assembly fluidically connected to a base end of the steam generator, and a first valve positioned between, and fluidically connected to, a top end of the steam generator and the inlet manifold.”
Claim 17 recites the limitation “…further comprising a reciprocating piston pump assembly fluidically connected to the base end of the steam generator, and a first valve positioned between, and fluidically connected to, the top end of the steam generator and the inlet manifold.” There is no mention of a base end of the steam generator and a top end of the steam generator previously in any of the claims which claim 17 depends from. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 17 as reciting: “…further comprising a reciprocating piston pump assembly fluidically connected to a base end of the steam generator, and a first valve positioned between, and fluidically connected to, a top end of the steam generator and the inlet manifold.”
Claims 11-12 are rejected because they depend on rejected claim 10.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Flynn et al. (US Pat. Pub. No. 2019/0299181, hereinafter Flynn).
In regards to Claim 1, Flynn discloses a machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, comprising:
an extruder (#110) having an inlet (#112) and a downstream outlet (#114), wherein the downstream outlet is coincident with the longitudinal axis of the extruder (#110) (see figures 1 and 2A-2B, and paragraphs [0007], [0026], [0028] and [0030]);
a steam generator (#216) fluidically connected to a downstream inlet manifold (#520), wherein the inlet manifold (#520) forms a ring (#520a) having a plurality of inwardly facing exit portals (#520b), wherein the plurality of exit portals (#520b) is circumferentially positioned about the inner surface of the ring (#520a) (see figures 1 and 6G-6I, and paragraphs [0007], [0028], [0032] and [0039]);
a tubular reactor (#512) having an interior space (#512a) fluidically connected to an inlet end (#512b) and an outlet end (#512c), wherein the inlet end (#512b) of the tubular reactor (#512) is adjacent and fluidically connected to both (i) the outlet of the extruder (#110), and (ii) the plurality of circumferentially positioned exit portals (#520b) of the inlet manifold (#520), wherein the inlet end (#512) of the tubular reactor (#512) is configured such that, under operating conditions, a flowing polymeric extrudate exiting the downstream outlet (#114) of the extruder (#110) and entering into the interior space (#512a) of the tubular reactor (#512) is radially impinged upon by flowing hot compressed water and/or supercritical water that is exiting the plurality of circumferentially positioned exit portals (#520b), and wherein the outlet end of the tubular reactor (#512) is fluidically connected to (see figures 1 and 6A-6J, and paragraphs [0007] and [0039]-[0040]);
at least a first downstream chamber (#412) (see figure 1 and paragraphs [0007] and [0043]).
In regards to Claim 2, Flynn discloses further comprising a reactor heater (#529) positioned about the tubular reactor (#512), and one or more extruder heaters (#117) positioned about the extruder (#110) (see figures 2A and 7A and paragraphs [0028], [0030] and [0041]).
In regards to Claim 3, Flynn discloses wherein the reactor heater (#529) includes an induction coil wrapped around the tubular reactor (#512) (see figure 7A and paragraph [0041]).
In regards to Claim 4, Flynn discloses further comprising an occlusion (#528) having one or more through-holes (#528a, identified in figures 11A-11B as #328a)) centrally positioned within the inlet end (#512b) of the tubular reactor (#512) (see figures 6C-6F and 11A-11D, and paragraphs [0009] and [0039]-[0040]).
In regards to Claim 5, Flynn discloses wherein the occlusion (#528) is generally cone-shaped (see figures 11A-11D and paragraphs [0039]-[0040]).
In regards to Claim 6, Flynn discloses wherein the inner surface of the ring (#520a) of the inlet manifold (#520) is generally circular in shape, and wherein the cone shaped occlusion (#528) is concentrically positioned within the generally circled-shaped ring (#520a) (see figures 6C-6D and 7C-7D, and paragraphs [0039]-[0040]).
In regards to Claim 7, Flynn discloses further comprising a ram (#516) centrally positioned within the tubular reactor (#512), wherein the ram is movable back and forth within and along the longitudinal axis of the tubular reactor (#512) to thereby increase or decrease the volume of the interior space (#512a) (see figure 7B and paragraphs [0008] and [0042]).
In regards to Claim 8, Flynn discloses further comprising one or more flow channels (#515) fluidically connecting the inlet end (#512b) of the tubular reactor (#512) to the outlet end (#512c) of the tubular reactor (#512), wherein the one or more flow channels (#515) form part of the interior space (#512a) (see figures 6F, 6J and 12A, and paragraph [0038]).
In regards to Claim 9, Flynn discloses wherein the steam generator (#216) comprises a vertically oriented pipe (#216a) having concentrically positioned and coaxially aligned heater rod (#216b) therein (see figures 4A-4D and paragraph [0036]).
In regards to Claims 10 and 17, Flynn discloses further comprising a reciprocating piston pump assembly (#214, #318) fluidically connected to a base end of the steam generator (#216), and a first valve (#218) positioned between, and fluidically connected to, a top end of the steam generator and the inlet manifold (#520) (see figure 1 and paragraphs [0032]-[0033]).
In regards to Claims 11 and 18, Flynn discloses further comprising an outlet manifold (#517) positioned about the outlet end (#512c) of the tubular reactor (#512), and a second valve (#410) positioned between, and fluidically connected to, the first downstream chamber (#412) (see figures 1 and 7A-7B and paragraphs [0037] and [0042]-[0043]).
In regards to Claim 12 and 19, Flynn discloses further comprising a second downstream chamber (#416) positioned downstream, and fluidically connected to, the first downstream chamber (#412), and a third valve (#414) positioned between, and fluidically connected to, both the first downstream chamber (#412) and the second downstream chamber (#416) (see figure 1 and paragraph [0043]).
In regards to Claim 13, Flynn discloses a machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, comprising:
an extruder (#110) having an inlet (#112) and a downstream outlet (#114), wherein the downstream outlet is coincident with the longitudinal axis of the extruder (#110) (see figures 1 and 2A-2B, and paragraphs [0007], [0026], [0028] and [0030]);
a steam generator (#216) fluidically connected to a downstream inlet manifold (#520) (see figures 1 and 6G-6I, and paragraphs [0007], [0028], [0032] and [0039]);
a tubular reactor (#512) having an interior space (#512a) fluidically connected to an inlet end (#512b) and an outlet end (#512c), wherein the inlet end (#512b) of the tubular reactor (#512) is fluidically connected to both the outlet (#114) of the extruder (#110), and the inlet manifold (#520), and wherein the outlet end (#512c) of the tubular reactor (#512) is fluidically connected to (see figures 1 and 6A-6J, and paragraphs [0007] and [0039]-[0040]);
a first downstream chamber (#412) (see figure 1 and paragraphs [0007] and [0043]); and further comprising,
a ram centrally (#516) centrally positioned within the tubular reactor (#512), wherein the ram is movable back and forth within and along the longitudinal axis of the tubular reactor (#512) to thereby increase or decrease the volume of the interior space (#512a) (see figure 7B and paragraphs [0008] and [0042]).
In regards to Claim 14, Flynn discloses further comprising one or more flow channels (#515) fluidically connecting the inlet end (#512b) of the tubular reactor (#512) to the outlet end (#512c) of the tubular reactor (#512), wherein the one or more flow channels (#515) form part of the interior space (#512a) (see figures 6F, 6J and 12A, and paragraph [0038]).
In regards to Claim 15, Flynn discloses wherein the inlet manifold (#520) forms a ring (#520a) having a plurality of inwardly facing exit portals (#520b), wherein the plurality of exit portals (#520b) is circumferentially positioned about the inner surface of the ring (#520a), and wherein the inlet end (#512) of the tubular reactor (#512) is configured such that, under operating conditions, a flowing polymeric extrudate exiting the downstream outlet (#114) of the extruder (#110) and entering into the interior space (#512a) of the tubular reactor (#512) is radially impinged upon by flowing hot compressed water and/or supercritical water that is exiting the plurality of circumferentially positioned exit portals (#520b) (see figures 1 and 6A-6J, and paragraphs [0007], [0028], [0032] and [0039]-[0040]).
In regards to Claim 16, Flynn discloses wherein the steam generator (#216) comprises a vertically oriented pipe (#216a) having concentrically positioned and coaxially aligned heater rod (#216b) therein (see figures 4A-4D and paragraph [0036]).
In regards to Claim 20, Flynn discloses a machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, comprising:
an extruder (#110) having an inlet (#112) and a downstream outlet (#114), wherein the downstream outlet is coincident with the longitudinal axis of the extruder (#110) (see figures 1 and 2A-2B, and paragraphs [0007], [0026], [0028] and [0030]);
a steam generator (#216) fluidically connected to a downstream inlet manifold (#520), wherein the inlet manifold (#520) forms a ring (#520a) having a plurality of inwardly facing exit portals (#520b), wherein the plurality of exit portals (#520b) is circumferentially positioned about the inner surface of the ring (#520a) (see figures 1 and 6G-6I, and paragraphs [0007], [0028], [0032] and [0039]);
a tubular reactor (#512) having an interior space (#512a) fluidically connected to an inlet end (#512b) and an outlet end (#512c), wherein the inlet end (#512b) of the tubular reactor (#512) is adjacent and fluidically connected to both (i) the outlet of the extruder (#110), and (ii) the plurality of circumferentially positioned exit portals (#520b) of the inlet manifold (#520), wherein the inlet end (#512) of the tubular reactor (#512) is configured such that, under operating conditions, a flowing polymeric extrudate exiting the downstream outlet (#114) of the extruder (#110) and entering into the interior space (#512a) of the tubular reactor (#512) is radially impinged upon by flowing hot compressed water and/or supercritical water that is exiting the plurality of circumferentially positioned exit portals (#520b), and wherein the outlet end of the tubular reactor (#512) is fluidically connected to (see figures 1 and 6A-6J, and paragraphs [0007] and [0039]-[0040]);
a first downstream chamber (#412) (see figure 1 and paragraphs [0007] and [0043]); and further comprising,
a ram centrally (#516) centrally positioned within the tubular reactor (#512), wherein the ram is movable back and forth within and along the longitudinal axis of the tubular reactor (#512) to thereby increase or decrease the volume of the interior space (#512a) (see figure 7B and paragraphs [0008] and [0042]).
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 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.
Claims 1-3, 7, 13, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Loop et al. (US Pat. Pub. No. 2012/0184788, hereinafter Loop).
In regards to Claim 1, Loop discloses a machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, comprising:
an extruder (#124) having an inlet and a downstream outlet, wherein the downstream outlet is coincident with the longitudinal axis of the extruder (#124) (see figure 1, and paragraph [0020]);
a steam generator (not shown) fluidically connected to a downstream inlet manifold (#127), wherein the inlet manifold (#127) forms a ring having a plurality of inwardly facing exit portals (#128), wherein the plurality of exit portals (#128) is circumferentially positioned about the inner surface of the ring (see figures 1-2 and paragraphs [0020]-[0021]);
a tubular reactor (#136) having an interior space fluidically connected to an inlet end and an outlet end, wherein the inlet end of the tubular reactor is adjacent and fluidically connected to both (i) the outlet of the extruder (#124), and (ii) the plurality of circumferentially positioned exit portals (#128) of the inlet manifold (#127), wherein the inlet end of the tubular reactor (#136) is configured such that, under operating conditions, a flowing polymeric extrudate exiting the downstream outlet of the extruder (#124) and entering into the interior space of the tubular reactor (#136) is radially impinged upon by flowing hot compressed water and/or supercritical water that is exiting the plurality of circumferentially positioned exit portals (#128), and wherein the outlet end of the tubular reactor (#136) is fluidically connected to (see figures 1-2 and paragraphs [0020]-[0022]);
at least a first downstream chamber (#121) (see figures 1-2 and paragraph [0022]).
In regards to Claims 2-3, Loop discloses further comprising a reactor heater (#132) positioned about the tubular reactor (#136), and one or more extruder heaters positioned about the extruder (not shown), and wherein the reactor heater (#132) includes an induction coil wrapped around the tubular reactor (#136) (see figures 1-2 and paragraphs [0020]-[0021]; Loop discloses wherein the extruder conveys the selected waste plastic materials to the downstream supercritical fluid reaction zone #116. The heated and pressurized near-solid materials #122 exits the extruder #125 through a specialized die #125 connected to manifold #127. Since the waste plastic materials are heated and pressurized, it is considered reasonably obvious, absent evidence to the contrary, that one or more extruder heaters are present about the extruder in order to heat the waste plastic materials.).
In regards to Claim 7, Loop discloses a ram (#119) centrally positioned within the tubular reactor (#136), wherein the ram (#119) is movable back and forth within and along the longitudinal axis of the tubular reactor to thereby increase or decrease the volume of the interior space (see figure 2 and paragraph [0022]).
In regards to Claim 13, Loop discloses a machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, comprising:
an extruder (#124) having an inlet and a downstream outlet, wherein the downstream outlet is coincident with the longitudinal axis of the extruder (#124) (see figure 1, and paragraph [0020]);
a steam generator (not shown) fluidically connected to a downstream inlet manifold (#127) (see figures 1-2 and paragraphs [0020]-[0021]);
a tubular reactor (#136) having an interior space fluidically connected to an inlet end and an outlet end, wherein the inlet end of the tubular reactor is fluidically connected to both (i) the outlet of the extruder (#124), and the inlet manifold (#127), and wherein the outlet end of the tubular reactor (#136) is fluidically connected to (see figures 1-2 and paragraphs [0020]-[0022]);
a first downstream chamber (#121) (see figures 1-2 and paragraph [0022]); and further comprising,
a ram (#119) centrally positioned within the tubular reactor (#136), wherein the ram (#119) is movable back and forth within and along the longitudinal axis of the tubular reactor to thereby increase or decrease the volume of the interior space (see figure 2 and paragraph [0022]).
In regards to Claim 15, Loop discloses wherein the inlet manifold (#127) forms a ring having a plurality of inwardly facing exit portals (#128), wherein the plurality of exit portals (#128) is circumferentially positioned about the inner surface of the ring, and wherein the inlet end of the tubular reactor (#136) is configured such that, under operating conditions, a flowing polymeric extrudate exiting the downstream outlet of the extruder (#124) and entering into the interior space of the tubular reactor (#136) is radially impinged upon by flowing hot compressed water and/or supercritical water that is exiting the plurality of circumferentially positioned exit portals (#128) (see figures 1-2 and paragraphs [0020]-[0022]).
In regards to Claim 20, Loop discloses a machine for transforming a selected polymeric material into a plurality of reaction products via supercritical water reaction, comprising:
an extruder (#124) having an inlet and a downstream outlet, wherein the downstream outlet is coincident with the longitudinal axis of the extruder (#124) (see figure 1, and paragraph [0020]);
a steam generator (not shown) fluidically connected to a downstream inlet manifold (#127), wherein the inlet manifold (#127) forms a ring having a plurality of inwardly facing exit portals (#128), wherein the plurality of exit portals (#128) is circumferentially positioned about the inner surface of the ring (see figures 1-2 and paragraphs [0020]-[0021]);
a tubular reactor (#136) having an interior space fluidically connected to an inlet end and an outlet end, wherein the inlet end of the tubular reactor is adjacent and fluidically connected to both (i) the outlet of the extruder (#124), and (ii) the plurality of circumferentially positioned exit portals (#128) of the inlet manifold (#127), wherein the inlet end of the tubular reactor (#136) is configured such that, under operating conditions, a flowing polymeric extrudate exiting the downstream outlet of the extruder (#124) and entering into the interior space of the tubular reactor (#136) is radially impinged upon by flowing hot compressed water and/or supercritical water that is exiting the plurality of circumferentially positioned exit portals (#128), and wherein the outlet end of the tubular reactor (#136) is fluidically connected to (see figures 1-2 and paragraphs [0020]-[0022]);
a first downstream chamber (#121) (see figures 1-2 and paragraph [0022]); and further comprising,
a ram (#119) centrally positioned within the tubular reactor (#136), wherein the ram (#119) is movable back and forth within and along the longitudinal axis of the tubular reactor to thereby increase or decrease the volume of the interior space (see figure 2 and paragraph [0022]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JELITZA M PEREZ/Primary Examiner, Art Unit 1774