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 .
The objection to claim 17 is withdrawn in view of the amendment to the claim.
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.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Pushkarey (US 20210371756-appears on the PTO-1449).
Pushkarey teaches a catalyst composition which includes a metal catalyst dispersed in a molten eutectic mixture of alkali metal or alkaline earth metal carbonates or hydroxides. Pushkarey teaches a process for the catalytic cracking of hydrocarbons which includes contacting in a reactor system a carbon-containing feedstock with at least one catalyst in the presence of oxygen to generate olefinic and/or aromatic compounds; and collecting the olefinic and/or aromatic compounds. The at least one catalyst includes a metal catalyst dispersed in a molten eutectic mixture of alkali metal or alkaline earth metal carbonates (see abstract; 0004). The eutectic mixture of alkali metal carbonates and hydroxides may be a mixture of Li, Na, and K carbonates (see para 0046).
The cracking of carbon-containing feedstocks may be conducted in the presence of oxygen as an oxidant, which can be a free oxygen gas (O.sub.2) or oxygen bound to catalyst, and a molten salt catalyst to form a product stream containing olefinic and/or aromatic compounds. The methods may be applied to carbon-containing feedstocks and includes recycling of olefinic polymers and biopolymers alike. The methods may be applied to pure hydrocarbon feedstock streams as well as mixed streams (see para 0030).
The carbon-containing feedstock may include, but is not limited to, any one or more of a refinery range hydrocarbons, a polymer, a biopolymer, biomass, or biowaste. Where the feedstock includes a polymer, illustrative polymers include, but are not limited to those such as polyethylene, polypropylene, polyisobutylene, polybutadiene, polystyrene, poly-α-methylstyrene, polyacrylates, poly(meth)acrylates, polyvinyl acetate, and polyvinylchloride. Where the feedstock includes a biopolymer or other bio-based material it may include materials such as fatty acids, triglyceride esters of fatty acids, cellulose, lignin, sugars, animal fat, tissue, etc. (see para 0058).
The olefinic and/or aromatic compounds are from a wide range of materials. In some embodiments, the olefinic compounds may be from C2 to C20 olefins, from C2 to C16 olefins, or from C2 to C12 olefins, or from subranges of any of these. In some embodiments, the aromatic compounds may be from C6 to C18 aromatics, or from C6 to C12 aromatics, or from subranges of any of these. Illustrative olefinic and/or aromatic compounds include, but are not limited to, ethene, propene, 1-butene, 2-methyl-but-1-ene, 1-n-pentene, 2-methyl-pent-1-ene, 3-methyl-pent-1-ene, 1,3-butadiene, 1,3-pentadiene, 1,4-pentadiene, 1,3-hexadiene, 1,4-hexadiene, 1,5-hexadiene, benzene, toluene, ethylbenzene, xylenes, styrene, α-methylstyrene, naphthalene, and anthracene (see para 0057).
In the process, the temperature inside the reactor system is dependent upon the composition of the catalyst, feed, and desired reaction products. Accordingly, the temperature may be from the melting point of the eutectic mixture of alkali carbonates up to about 750° C. This may include a temperature from about 250° C. to about 750° C (see para 0062). The pressures inside the reactor system may be from less than 1 atm to about 20 atm (see para 0063). The reactor system is a batch reactor and a stirred tank reactor. However, other suitable reactor configurations are considered such as falling film column reactors, packed column reactor, plate column reactor, spray tower reactor, and a variety of gas-liquid agitated vessel reactors (see para 0068). The oxygen is introduced to the reactor as a purified O2 stream, air, or a mixture of O2 or air with a diluent, wherein the diluent is methane, carbon dioxide, nitrogen, argon, helium, or a mixture thereof (see para 0055). Pushkarey meets the limitations of the claims other than the differences that are set forth below.
Pushkarey does not specifically teach the amount of oxygen in the gas stream. However, no unobviousness is seen in this difference because Pushkarey teaches that the oxygen may be introduced in air (wherein oxygen makes up 21%) or that the oxygen may be included with a diluent inert gas. The skilled artisan would recognize the amount of oxygen that is required for oxycracking.
With respect to the proviso that the process is conducted in the absence of a catalyst comprising a transition metal, a transition metal oxide, a rare-earth metal, a rare earth metal oxide, or a combination of any two or more thereof; and the process is conducted in the absence of a glass-forming oxide, Pushkarey teaches throughout his disclosure that the catalyst may be a heterogenous catalyst and this teaching suggests that the catalyst may be other than those excluded by Applicant. With respect to the process is conducted in the absence of a glass-forming oxide, Pushkarey teaches that a non-metal element oxide, such as nitrogen oxide, sulfur oxide, chlorine oxide, and bromine oxide may be used. Pushkarey does not require the use of a glass forming oxide.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that the amendment to the claim wherein the oxygen content is not greater than 0 wt% to less that 21 wt% provides surprising and unexpected results as shown in Tables 8 and 9 and Fig 6.
The examiner has reviewed the data and does not find that the results provide unexpected results. Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the "objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support." In other words, the showing of unexpected results must be reviewed to see if the results occur over the entire claimed range. In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980). In the instant case Applicant does not have results for 21 wt% oxygen in inert gas. The data uses 13 wt% and 26 wt%. There is nothing to show how much of the CO and CO2 are produced at 21 wt %. The claimed upper range of less than 21 wt % oxygen is close enough to 21 wt % oxygen that one would expect the CO and CO2 production to be similar or the same. It is well settled that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985).
With respect to Applicant’s argument that Pushkarey fails to disclose that the process is conducted in the absence of a glass-forming oxide, it should be noted that Pushkarey teaches that a non-metal element oxide, such as nitrogen oxide, sulfur oxide, chlorine oxide, and bromine oxide may be used. Pushkarey does not require the use of a glass forming oxide.
Claims 20-21 are allowed. Pushkarey fails to teach or suggest that the oxygen fed to the reactor system in the gas stream comprises from greater than 0 wt % to about 8 wt% or about 13 wt% oxygen in an inert gas.
THIS ACTION IS MADE FINAL. 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.
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/CEPHIA D TOOMER/Primary Examiner, Art Unit 1771 18432909/20260317