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 .
Election/Restrictions
Applicant’s election without traverse of invention I and species (fig. 3), encompassing claims 1, 6-8, 10 and 21-27, in the reply filed on 11/11/2025 is acknowledged. Claims 2, 3, 5, 11, 16-18 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant stated the method claim 11 has been amended to be dependent from claim 1 and therefore believes method claims 11, 16-18, and 20 are also within the scope of the elected claims and species of FIG. 3. However, applicant amended claim 11 to recite a method using the propane recovery system of claim 1 and asserts that the claim should now be examined with the elected system claims. However, the amendment does not overcome the restriction requirement. Claim 1 is directed to an apparatus (a propane recovery system), whereas claim 11 is directed to a method of increasing propane recovery. These claims define distinct inventions because the method could be practiced using propane recovery systems materially different from the apparatus of claim 1. Accordingly, the previously required restriction between the apparatus and the method of using the apparatus remains proper. Claims 11, 16-18 and 20 remain withdrawn from consideration as being drawn to a non-elected invention.
Claim Objections
Claim 1 objected to because of the following informalities: “the third stream and feeds” in line 17, the word “and” should be deleted. Appropriate correction is required.
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, 6-8, 10 and 21-27 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 1 recites the limitation "a separator bottoms stream" in line 7 renders the claim indefinite because it is unclear if it relates to the previously cited limitation “a separator” in line 6 of the claim.
Claim 1 recites the limitation "a fourth stream comprising an expanded second part of the separator bottoms stream into a fractionation column overhead stream and a fractionation column bottoms stream” in line 8-10 renders the claim indefinite because it is unclear if it is the “fourth stream” forms into a fractionation column overhead stream and a fractionation column bottoms stream, or the streams (a fractionation column overhead stream and a fractionation column bottoms stream) are separated from the fractionation column.
Claim 1 recites the limitation “a condenser for separating a condenser feed stream into a condenser overhead stream and a condenser bottom stream” in line 14-15 renders the claim indefinite. The claim language is unclear because a condenser is conventionally understood to be a heat exchange device configured to cool and condense fluid, rather than a device that separates a feed stream into overhead and bottom streams. The claim does not specify what structure within the condenser performs the separation, nor does it clarify whether the separation results from phase change, gravity settling, an associated separator vessel, or other separation mechanism. As a result, it is unclear how the recited condenser performs the claimed function of separating the feed stream into overhead and bottom streams, and the scope of the claimed apparatus cannot be reasonably determined. Accordingly, one of ordinary skill in the art would not be able to ascertain the metes and bounds of the claimed invention, rendering the claim indefinite.
Claims 6-8, 10 and 21-27 are also rejected under 35 U.S.C. 112(b) for being dependent upon a rejected claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEBESHET MENGESHA whose telephone number is (571)270-1793. The examiner can normally be reached Mon-Thurs 7-4, alternate Fridays, EST. 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, Frantz Jules can be reached at 571-272-6681. 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.
/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763