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 Rejections - 35 USC § 102/103
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.
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.
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.
Claims 1 – 22 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Brownscombe et al. (US 2005/0148487) or, in the alternative, under 35 U.S.C. 103 as obvious over Brownscombe et al. (US 2005/0148487)
In regards to claim 1, Brownscombe teaches method of decomposing a polymeric feed with one or more inorganic salt catalyst to produce liquid products (abstract). The feed can include polyolefins, polyethylene, polypropylene, rubber, tires, waste plastics which are carbonaceous materials (hydrocarbons) [0008]. The process requires contacting the feed with hydrogen source such as methane, ethane, propane, butane, naphtha, etc., in the presence of inorganic salt catalysts at temperatures of from 200 to 500℃ [0048, 0074, 0075]. The contacting with catalyst can occur in a fixed bed reactor, CSTR, etc. [0077].
The contacting temperature can range from 200 to 800℃ in the presence of the hydrogen source and other gases such as argon, nitrogen, methane, ethane, propane, butane, ethene etc. and combinations [0079]. The products include olefin mixtures [0094 – 0096]. The inorganic salt catalyst includes alkali metal carbonates, alkaline earth metal carbonates etc., and mixtures [0114]. The process is an oxygen-free process. The process also does not require the presence of transition metal or rare earth metal, or their oxides as catalysts.
The products including olefin mixtures are collected [0164]. Thus, the process of cracking a carbon feedstock to produce olefins by contacting a feedstock with molten salt catalyst (i.e., matrix) at high temperatures and collecting the olefin product stream is provided [0077].
In regards to claim 2, Brownscombe teaches the process comprising the carbonates such as potassium carbonate [0022, 0114].
In regards to claims 3, 4, Brownscombe teaches the process comprising the claimed reactors as previously stated. However, it is noted that the claims are to processes and not to the equipment or reactor used for performing the process which do not carry patentable weight as they do not further limit the process.
In regards to claims 5 – 7, Brownscombe teaches the process having the claimed olefins as previously stated.
In regards to claims 8 – 12, Brownscombe teaches the process having the claimed temperatures as previously stated.
In regards to claims 13, 14, Brownscombe teaches the process as previously stated. The limitations drawn to the reactor, and whether or not the feedstock is top-fed or bottom-fed do not carry patentable weight.
In regards to claims 15, 16, Brownscombe teaches the process which takes place at from 0.1 to 20 MPa (i.e., from 1 atm to 200 atm) [0079].
In regards to claims 17 – 22, Brownscombe teaches the process having the claimed limitations as previously discussed.
Conclusion
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771