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 .
DETAILED ACTION
This Office action is based on the 18/440037 application originally filed February 13, 2024.
Claims 1-9, 11-20 and 22-24, filed February 03, 2026, are pending and have been fully considered. Claims 10, 21 and 25 have been canceled.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 03, 2026 has been entered.
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.
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) 1-9, 11-16, 20 and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearson (US 2023/0139145) in view of Cohrs et al. (US 2007/0221539).
Regarding Claims 1-9, 11-16, 20 and 22-24
Pearson discloses in paragraph 0004, a composition is provided herein that includes about 2 wt % to about 25 wt % of a copolymer comprising ethylene and vinyl acetate; about 2 wt % to about 20 wt % of a copolymer comprising an α-olefin and maleic anhydride; and about 55 wt % to about 96 wt % of a solvent. Pearson discloses in paragraph 0025, the pour point of the crude oil decreases by about 10° F. to about 50° F. Pearson discloses in paragraph 0003, additives that can depress or lower the pour points to maintain the fluidity of the synthetic feedstocks (e.g., fuel or oil) at lower temperatures are desirable.
Pearson discloses in paragraph 0065, the hydrocarbon is selected from the group consisting of topped crude oil, vacuum gas oil, a heavy distillate refiner product, slop oil, a fuel oil, and any combination thereof. In some aspects, the hydrocarbon is petroleum-based having an API gravity of about 15-55. Crude oil is generally known to be a naturally occurring hydrocarbon mixture, usually in a liquid sate, which may include additional components, such as sulfur, nitrogen, oxygen, metals, and other elements. Pearson discloses in paragraph 0066, the hydrocarbon comprises a synthetic feedstock resulting from a pyrolysis reaction. In some aspects, the hydrocarbon comprises pyrolysis effluent. Pearson discloses in paragraph 0070, the hydrocarbons that derive from the pyrolysis of waste plastic are a mixture of alkanes, alkenes, olefins and diolefins. The olefin group is generally between C1 and C2, i.e., alpha-olefin, but some alk-2-ene is also produced. The diene is generally in the alpha and omega position, i.e., alk-α,ω-diene. In some embodiments, the pyrolysis of plastic produces paraffin compounds, isoparaffins, olefins, diolefins, naphthenes and aromatics.
Pearson further discloses in paragraph 0040, the copolymer comprising an α-olefin and maleic anhydride can be prepared by copolymerizing an α-olefin with maleic anhydride. Other monomers can be copolymerized with an α-olefin and maleic anhydride. In some aspects, the copolymer comprising an α-olefin and maleic anhydride consists of the monomers of α-olefin and maleic anhydride.
Pearson further discloses in paragraph 0047, the copolymer of the α-olefin and the maleic anhydride is reacted with about 0.01 to 2.0 equivalents of a C20-C28 alkanol or amine per equivalent of anhydride.
Pearson discloses in paragraph 0053, the olefin is linear and/or contains linear hydrocarbon chains, such as alkyl or alkaryl chains attached to the double bond, then polymers of the olefin including copolymers of the olefin have pendant side chains. For example, polymers of linear alpha olefins having 14 carbon atoms or more, when polymerized and/or copolymerized, impart linear side chains of 12 carbon atoms or more to the resulting polymer. Long-chain alkenes, wherein the double bond is not in the 1-position, are also suitable because when polymerized, the resulting polymer of the alkene monomer has linear side chains of at least 12 carbon atoms. Polymers of long chain alkenes with 12 carbon atoms or more on one side of the double bond and 12 carbon atoms or more on the opposing side of the double bond, when polymerized and/or copolymerized, form brush polymers. Such brush polymers have sets of opposing pendant side chains. Both brush and comb polymers are useful in the disclosed embodiments. Pearson discloses in paragraph 0054, the alpha-olefin maleic anhydride copolymer has a weight average molecular weight of from about 10,000 to about 70,000 g/mol.
Pearson further discloses in paragraph 0062, the pour point depressant can include one or more additional components, such as other pour point dispersants, paraffin inhibitors, asphaltene dispersants, wax dispersants, tar dispersants, neutralizers (e.g. amine neutralizers), surfactants, biocides, preservatives, stabilizers, or any combination thereof.
Pearson discloses additional dispersants but fails to teach the claimed alkylphenol-aldehyde resin dispersant.
However, it is known in the art to add alkylphenol-aldehyde resin as a dispersant to fuel oils, as taught by Cohrs.
Cohrs discloses in paragraph 0001, alkylphenol-aldehyde resins which contain structural units of fatty acids and derivatives thereof, and which have improved performance properties as additives for crude oils.
Cohrs discloses in paragraph 0017, crude oils and products which have been produced therefrom and comprise distillation residues, comprising alkylphenol-aldehyde resins having a repeat structural unit of the formula:
PNG
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294
740
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where R1 is a branched alkyl or alkenyl radical which has from 10 to 40 carbon atoms and bears at least one carboxyl, carboxylate and/or ester group, R2 is hydrogen or R1, R3 is hydrogen or an alkoxy group of the formula -(A-O)m—H, A is a C2- to C4-alkylene group, m is from 1 to 100, R4 is hydrogen, a C1- to C11-alkyl radical or a carboxyl group, R5 is C1-C200-alkyl or -alkenyl, O—R6 or O—C(O)—R6, R6 is C1-C200-alkyl or -alkenyl, n is from 1 to 100 and k is 1 or 2.
Cohrs discloses in paragraph 0045, alkylphenol-aldehyde resins are especially those which derive from alkylphenols having one or two alkyl radicals in the ortho- and/or para-position to the OH group. Particularly preferred starting materials are alkylphenols which bear, on the aromatic ring, two hydrogen atoms capable of condensation with aldehydes, and especially monoalkylated phenols. More preferably, the alkyl radical is in the para-position to the phenolic OH group. For the preparation of the inventive alkylphenol-aldehyde resins preference is given to using alkylphenols which consist of p-alkylphenols to an extent of at least 50 mol%, more preferably of at least 70 mol% and especially of more than 90 mol%, for example of more than 95 or more than 97 mol%, of p-alkylphenols based on the totality of the alkylphenols used. The proportion of trifunctional phenols which can enter into condensation with aldehydes via two ortho- and one para-position to the OH group is preferably below 10 mol% and in particular below 5 mol%, for example below 4 mol% based on the totality of the alkylphenols used. The alkyl radicals (which, for the alkylphenols, are generally understood to mean hydrocarbon radicals as defined above) may be the same or different in the alkylphenol-aldehyde resins usable in the process according to the invention, they may be saturated or unsaturated and have 1-200; they are preferably n-, iso- and tert-butyl, n- and isopentyl, n- and isohexyl, n- and isooctyl, n- and isononyl, n- and isodecyl, n- and isododecyl, tetradecyl, hexadecyl, octadecyl, eicosyl, tetracosyl, tripropenyl, tetrapropenyl, poly(propenyl) and poly(isobutenyl) radicals. These radicals are preferably saturated.
Cohrs discloses in paragraph 0048, alkylphenol resins have molecular weights, preferably measured by means of gel permeation chromatography against poly(styrene) standards in THF, of from 400 to 25 000 g/mol.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art it is known in the art to add the alkylphenol-aldehyde resin of Cohrs as a dispersant in the fuel oil Pearson. The motivation to do so is to produce a fuel oil composition comprising alkylphenol-aldehyde resin in order to ensure more efficient splitting of emulsions, improved asphaltene dispersion and improved cold flow behavior of crude oils/fuel oils.
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearson (US 2023/0139145) in view of Cohrs et al. (US 2007/0221539) and further in view of Arnst et al. (US 2022/0289648) hereinafter “Arnst”.
Regarding Claims 17-19
Pearson modified by Cohrs discloses the claimed composition and method but fails to further disclose the addition of known antioxidants.
However, it is known in the art for a hydrocarbon oil, i.e. fuel oil, to includes a phenolic antioxidant, as taught by Arnst.
Arnst discloses in the abstract, disclosed are antioxidants used in compositions and methods to stabilize synthetic feedstock derived from plastic.
Arnst discloses in paragraph 0028, the term “synthetic feedstock” refers to hydrocarbons obtained from treatment or processes on plastics such as thermochemical conversion of plastics. Arnst discloses in paragraph 0035, several processes are known in which plastic (e.g., waste plastic) is converted to lower molecular weight hydrocarbon materials particularly to hydrocarbon fuel materials. The resultant pyrolysis effluent/oil is distilled and then condensed.
Arnst discloses in paragraph 0050, the stabilizer compositions include one or more compounds that can work against, for example, ethylenically unsaturated monomers reducing contamination, which in turn inhibits, prevents or reduces gum formation and discoloration or both of the synthetic feedstock. In some embodiments the stabilizer composition comprises antioxidants. In some embodiments, the antioxidant is phenolic, an aromatic amine or mixtures and combinations thereof. Examples of antioxidants include phenolic antioxidants, such as hindered phenols and phenylenediamines thereof to prevent oxidation and unwanted polymerization (e.g., radical) of ethylenically unsaturated monomers. Arnst discloses in paragraph 0051, the phenolic antioxidant is a hindered phenol. In some embodiments, hindered phenol is an alkylated phenolic antioxidant. In some embodiments, the antioxidant is a hindered phenol including alkyl-substituted hindered phenols and aromatic amines or mixtures and combinations thereof.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add the antioxidant of Arnst to the hydrocarbon oil, i.e. fuel oil of Pearson. The motivation to do so is to produce a fuel oil composition comprising known antioxidant additives in order to stabilize a hydrocarbon oil derived from plastics.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9, 11-20 and 22-24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached on 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Latosha Hines/Primary Examiner, Art Unit 1771
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