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
The examiner recognizes the election of species C, claims 1, 6, 8, 11, 16 and 18. This is the pyrolysis oil blended with a fuel where the pyrolysis oil is the distillate fraction of the pyrolysis oil. This is for a marine fuel. This is done with traverse on 10/07/2025. The lack of unity of invention and therefore the election is upheld over Fruchey et al (US 10443006 B1). See office action rejections below.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 6, 8, 11, 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fruchey et al (US 10443006 B1) and Ladygin et al (US 2018/0187085 A1).
Fruchey teaches a blend for a marine fuel blend, see title and abstract.
The main fuel is a hydrotreated heavy atmospheric gas oil, see abstract. This constitutes the fuel blendstock limitation.
The mixed fuel can be a pyrolysis oil. See column 6 lines 25-35, column 7 lines 4-8. The secondary blended fuel (pyrolysis oil) is used in the amount of 35% or less and 15% or less, see column 7 lines 55-60.
In a case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1946), and MPEP 2144.05.
The total blended composition has a CCAI of about 800-815. A density of about 0.9 g/ml, a sulfur content below 3%, and a KV 50 of about 15-20 cSt. See figure 1 blended products under abstract for all values.9
Please note that an embodiment is a finished fuel with a sulfur content of 14 ppmw or less. See column 6 lines 5-10. As such the pyrolysis oil (when used in the range above) must have a sulfur content 100 ppm or less.
Fruchy does not specifically state the pyrolysis oil is a distillate fraction.
Ladygin teaches a pyrolysis oil (abstract) made from plastic waste (p 140). The fuel distillate fraction has a density of 0.83, a cetane index of 48. See table 6 page 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the pyrolysis oil of Ladygin in the invention of Fruchey. Fruchey already calls for use of pyrolysis oil, and the fractionated pyrolysis oil of Ladygin is an effective and useful fuel.
In the alternative Ladygin provides evidence that an obvious variant of the pyrolysis oil of Fruchey is one with a cetane index of 48 and a density of 0.83.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK C CAMPANELL whose telephone number is (571)270-3165. The examiner can normally be reached Monday-Friday 9:00-5:00.
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/FRANCIS C CAMPANELL/Examiner, Art Unit 1771
/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771