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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/10/2026 has been entered.
Claims 1-3, 5, 7-16, 18, 20, and 24-28 are currently pending and have been fully considered.
Claims 4, 6, 17, 19, and 21-23 have been cancelled.
Claims 1 and 11 have been amended.
Claim 28 has been added.
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.
Claim(s) 1-3, 5, 7-16, 18, 20, and 24-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABHARI (USPGPUB 2010/0043279) in view of COHEN (USPGPUB 2011/0113679).
Regarding claim 1, ABHARI teaches a process for hydrocracking of biological feedstocks and producing hydrocarbons that may be used as diesel or jet fuel.
ABHARI teaches hydrotreating a feed stream having fatty acids to form a hydrocarbon product stream comprising n-paraffins. The hydrocarbon product stream comprising n-paraffins is then separated into heavy and light fractions. The heavy fraction is subjected to hydrocracking to form an effluent stream. The effluent stream may be combined with light fraction of n-paraffins and be useful as a diesel or jet fuel.
ABHARI teaches in paragraph 19 a biofeed containing fatty acids and/or fatty acid esters is combined with a hydrogen stream to produce a stream 105. The stream 105 is sent to a hydrotreater. One example is given in table 1 and paragraphs 50-53 with full conversion to n-paraffins and carbon distribution of C 12 minus to C19 plus. A predominantly C17 plus n-paraffin feedstock is used as feed for hydrocracking. The hydrocracker feedstock is taught in table 2 to comprise n-paraffins and a carbon distribution of C 12 minus to C19 plus. (hydrotreating a biorenewable feedstock comprising C14-C24 fatty acids, fatty acid esters, and/or fatty acid glycerides to yield a heavy hydrotreater fraction comprising C14-C24 n-paraffins)
The hydrocracking that ABHARI teaches is taught in paragraph 16 to convert long chain n-paraffin to shorter chain n-paraffin and isoparaffin molecules. The product composition from the hydrocracking is taught in table 3 to comprise C7 minus to C18 hydrocarbons. (hydroisomerizing and hydrocracking the heavy hydrotreater fraction with a hydroisomerization catalyst under conditions yielding a hydroisomerizer product comprising a heavy hydroisomerizer fraction and the LPK, the LPK comprising C8-C11 hydrocarbons)
It would be obvious for one of ordinary skill in the art to apply the process that ABHARI teaches to produce the diesel fuel or jet fuel.
ABHARI teaches in table 1 that after hydrotreating, the product composition comprises C12- to C19+ products. Hydrotreating is taught in lines 20-26 of column 11 to convert soybean oil to predominantly C15-C18 n-paraffins.
The production composition after hydrocracking is taught in table 3 to comprise C7- to C18 paraffins.
ABHARI teaches in paragraph 28 that the product recovered may be used directly as a fuel for diesel engines or turbine engines.
COHEN is relied on to teach further fractionating the product recovered in ABHARI for use as fuels.
COHEN teaches in paragraph 14 that a kerosene type jet fuel has a carbon number distribution of between 8-16, a flash point of between 38 – 66°C.
COHEN further teaches in paragraph 64 that a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel.
ABHARI teaches in Fig 2 and paragraphs 30-37 an embodiment in which hydrotreated effluent is passed through a fractionation train where a predominantly C17 plus n-paraffin heavy fraction. The predominantly C17 plus n-paraffin heavy fraction is sent to hydrocracker where an effluent is sent to be hydrotreated and then passed to the fractionation train.
ABHARI further teaches in paragraph 42 that a distillation column operating with a column pressure of about 40 psig to about 60 psig.
ABHARI further teaches that lower pressure operation (including sub-atmospheric) may be used. Lower pressure is taught to minimize column bottom temperatures and to minimize thermal cracking of the bottoms stream.
It would be obvious to one of ordinary skill in the art to use lower pressures at a range between 50 mmHg to 350 mmHg since those overlap with sub-atmospheric.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would be obvious to one of ordinary skill in the art to separate a fraction from the C8-C16 hydrocarbons in the hydrocracked products that ABHARI teach to produce a kerosene-type jet fuel. (separating the LPK from the hydroisomerizer product)
COHEN teaches in paragraph 45 that the terms “kerosene type” and “jet fuel” include those that conform to Jet A or Jet A-1 standards.
The motivation to further separate out a fraction from the C8-C16 hydrocarbons would be to meet the standards for Jet A or Jet A-1.
Jet A or Jet A-1 standards include a gum content that is less than 7mg/100ml. (LPK has an existent gum value of 7 mg/100 mL or less as measured according to IP 540 air evaporation method)
One of ordinary skill in the art would expect that the kerosene type jet fuels that COHEN teaches would also have a gum content that is less than 7mg/100ml in order to qualify for use in Jet A or Jet A-1 fuels.
COHEN provides the motivation employ a fraction of the product that ABHARI teach. The fraction would comprise C8-C11 hydrocarbons and no detectable hydrocarbons of more than 14 carbon atoms.
COHEN teaches a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel.
It would be obvious to one of ordinary skill in the art to separate a fraction from the C8-C16 hydrocarbons such as one that comprises C8-C11 hydrocarbons and have no detectable hydrocarbons greater than 14 carbon atoms in the hydrocracked products that ABHARI teach to produce a kerosene-type jet fuel.
ABHARI recognizes in lines 28-34 of column 2 converting long chain n-paraffin to shorter chain n-paraffin and isoparaffin molecules.
COHEN also teaches that in paragraph 25 and 74 that a portion of the n-paraffins in fuel composition may be isomerized and isomerization may be used to target desired fuel properties such as cetane number.
It would be obvious to one of ordinary skill in the art to target a ratio of isomerized paraffins to n-paraffins of between 2:1 or greater since it has been held that wherein the general conditions are known, optimization or workable ranges involve only routine experimentation.
Regarding claim 28, ABHARI teaches in reference claim 6 that separation of n-paraffins is performed with distillation.
ABHARI teaches in Fig 2 and paragraphs 34-36 a predominantly C17 plus n-paraffin heavy fraction of the hydrotreated products from a hydrotreater can be sent to a hydrocracker. Hydrocracked products are sent to the same hydrotreater to form more hydrotreater products. The more hydrotreater products can then be distilled in the fractionation train.
ABHARI further teaches in paragraph 42 that a distillation column operating conditions are selected such that the hydrotreater products may be separated into a predominantly C16 minus n-paraffin light fraction and a predominantly C17 plus n-paraffin heavy fraction. The conditions include a column pressure of about 40 psig to about 60 psig.
ABHARI further teaches that lower pressure operation (including sub-atmospheric) may be used. Lower pressure is taught to minimize column bottom temperatures and to minimize thermal cracking of the bottoms stream.
It would be obvious to one of ordinary skill in the art to use lower pressures of about 100 mmHg since those overlap with sub-atmospheric.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 11, in addition to what has been discussed with claim 1 above, COHEN teaches in paragraph 14 that a kerosene type jet fuel has a carbon number distribution of between 8-16. COHEN further teaches in paragraph 64 that a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel.
It would be well within one of ordinary skill in the art to collect specific fractions of the hydrocracked product in ABHARI and classify them as SAF and LPK.
Given that COHEN teaches C8-C16 may serve as a kerosene-type jet fuel. C8-C16 compound in the hydrocracked product in ABHARI may be regarded as the SAF and a subportion of the SAF may be considered the LPK given the fact that ABHARI teach a hydrocracked product that is comprise of paraffins.
Regarding claims 12 and 13, classifying a supposition of the SAF as LPK in an amount of about 30 wt% to about 90wt% would be well within one of ordinary skill in the art.
For example, ABHARI teaches an example in table 3 wherein the LPK may be considered C9-C11 compounds and the wt% would be about 39%.
Regarding claim 14, given that COHEN further teaches in paragraph 64 that a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel, and COHEN teaches isomerization, the SAF comprising C12-C16 isoparaffins is well within one of ordinary skill in the art.
Regarding claim 24, COHEN teaches that a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel.
It would be well within one of ordinary skill in the art to combine the C12-C16 isoparaffins with the C9-C11 fraction for use as a kerosene-type jet fuel.
Regarding claims 2 and 15, ABHARI teaches in table 3 that the reactor conditions for hydrocracking is at 685 F.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claims 3 and 16, ABHARI recognizes in lines 28-34 of column 2 taught converts long chain n-paraffin to shorter chain n-paraffin and isoparaffin molecules.
COHEN also teaches that in paragraph 25 and 74 that a portion of the n-paraffins in fuel composition may be isomerized and isomerization may be used to target desired fuel properties such as cetane number.
It would be obvious to one of ordinary skill in the art to target a ratio of isomerized paraffins to n-paraffins of between 2:1 and 5:1 since it has been held that wherein the general conditions are known, optimization or workable ranges involve only routine experimentation.
Regarding claims 5 and 18, ABHARI teaches in lines 55-57 of column 5 that the product recovered may be used directly as a fuel for diesel engines or turbine engines.
COHEN also teaches in paragraph 14 the desired carbon distribution for both diesel fuel and jet fuel. Diesel fuel has a carbon number distribution between 8 and 25. The 17-18 carbon number hydrocarbons from the hydrocracked product of ABHARI may be used as diesel fuel.
Regarding claims 7 and 20, ABHARI teaches in paragraph 15 that vegetables oils may be used. COHEN teaches in paragraph 35 that the oils that may be used include vegetable oils such as sunflower oil.
Regarding claim 8, ABHARI teaches in paragraph 28 that the flash point of the middle distillate has a flash point from about 100 F to about 150 F. About 100 F to about 150 F is about 37 C to about 66 C. (a flash point from 38 to 42)
Regarding claim 9, COHEN further teaches in paragraph 64 that a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel.
COHEN also teaches that in paragraph 25 and 74 that a portion of the n-paraffins in fuel composition may be isomerized and isomerization may be used to target desired fuel properties such as cetane number.
It would be well within one of ordinary skill in the art to arrive at a cetane number of between about 55 to about 80 for the kerosene-type jet fuel if desired given that COHEN teaches that cetane numbers can be targeted.
Regarding claim 10, COHEN further teaches in paragraph 64 that a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel.
It would be obvious to one of ordinary skill in the art to separate a fraction from the C8-C16 hydrocarbons in the hydrocracked products that ABHARI teach to produce a kerosene-type jet fuel. (comprise greater than about 99.9 w% of hydrocarbons less than 14 carbon atoms)
Regarding claims 25-27, ABHARI teaches in paragraph 28 that the product may be directly used as fuel in a turbine engine.
Given that COHEN also recognizes that C8-C16 may serve as a kerosene-type jet fuel and further recognizes in paragraph 64 that a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel, it would be obvious to one of ordinary skill in the art to combine C12-C16 isoparaffins (including those that are fractions of the product taught in ABHARI) with other fractions of the product that ABHARI teaches as an aviation fuel.
Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art at the time of the invention.
Response to Arguments
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art does not teach the new limitation of “fractionating the hydroisomerizer product with a distillation column at 50 mmHg to 350 mmHg to separate”
Applicant argues that ABHARI teaches a distillation column with operation conditions with a column pressure that is about 40 psig to about 60 psig. (about 2069 mmHg to about 3103 mmHg).
Applicant further argues that lower pressure operation would not lead to one of ordinary skill to reasonable expect the details of the particular fraction.
This is not persuasive as applicant recognizes that ABHARI further teaches that lower pressure operation (including sub-atmospheric) may be used. Lower pressure is taught to minimize column bottom temperatures and to minimize thermal cracking of the bottoms stream.
It would be obvious to one of ordinary skill in the art to use lower pressures at a range between 50 mmHg to 350 mmHg since those overlap with sub-atmospheric.
A prima facie case of obviousness exists wherein the claimed ranges overlap.
Applicant argues that the combination of ABHARI does not provide any teaching or guidance or suggestion for separating a LPK with an existent gum value of 7 mg/100 mL and includes a weight ratio of iso-paraffins to n-paraffins of about 2:1 or greater and comprise no detectable hydrocarbons with 14 or more carbon atoms.
This is not persuasive as all 3 points have been previously addressed.
ABHARI teach processing a product that may be used as fuels.
The process comprises fractioning the product for use as an aviation fuel.
COHEN provides the motivation employ a fraction of the product that ABHARI teach. The fraction would comprise C8-C11 hydrocarbons and no detectable hydrocarbons of more than 14 carbon atoms.
COHEN teaches a C8-C16 distribution may be targeted for further processing into a kerosene-type jet fuel.
It would be obvious to one of ordinary skill in the art to separate a fraction from the C8-C16 hydrocarbons such as one that comprises C8-C11 hydrocarbons and have no detectable hydrocarbons greater than 14 carbon atoms in the hydrocracked products that ABHARI teach to produce a kerosene-type jet fuel.
COHEN teaches in paragraph 45 that the terms “kerosene type” and “jet fuel” include those that conform to Jet A or Jet A-1 standards.
The motivation to further separate out a fraction from the C8-C16 hydrocarbons would be to meet the standards for Jet A or Jet A-1.
Jet A or Jet A-1 standards include a gum content that is less than 7mg/100ml.
One of ordinary skill in the art would expect that the kerosene type jet fuels that COHEN teaches would also have a gum content that is less than 7mg/100ml in order to qualify for use in Jet A or Jet A-1 fuels.
ABHARI recognizes in lines 28-34 of column 2 converting long chain n-paraffin to shorter chain n-paraffin and isoparaffin molecules.
COHEN provides the motivation to isomerizing at least a portion of the n-paraffins.
COHEN also teaches that in paragraph 25 and 74 that a portion of the n-paraffins in fuel composition may be isomerized and isomerization may be used to target desired fuel properties such as cetane number.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
MCCALL et al. (USPGPUB 20090158637) teach a process for the production of aviation fuel from biorenewable feedstocks.
Renewable feedstock is taught in paragraph 15 to be hydrotreated or hydrogenated. Decarboxylation and deoxygenation are taught in paragraph 16 to occur with or after hydrotreatment or hydrogenation.
The product of the deoxygenation is taught in paragraph 16 to comprise a liquid portion comprising a hydrocarbon fraction comprising n-paraffins and having a large concentration of paraffins from 15 to 18 carbon atoms.
The hydrocarbon fraction in the range of about 9 to about 15 carbon atoms may be as a fuel blending component for aviation fuels with additional processing for its poor cold flow properties.
The renewable feedstock is taught in paragraph 11 to include those that comprise fatty acids.
The renewable feedstock is also taught in paragraph 26 to form paraffins from about 9 to about 24 carbon atoms.
For aviation fuels, isomerization is taught in paragraphs 20-21 may be performed with a catalyst to improve the cold flow properties.
For aviation fuels, cracking is taught in paragraphs 26 may be performed to reach lower boiling points for the paraffins.
Isomerization and cracking are taught in paragraphs 28 and 35 to be co-current or sequential and with the same catalyst.
Cracking is taught in paragraph 26 to produce at least one paraffin in the C9 to C15 range.
The aviation fuels produced are taught in paragraph 27 to meet specifications for fuels such as JP-8 which is a kerosene based fuel.
SANDBERG (US 11566193) teaches an aviation fuel composition that comprises an aviation range component and a diesel range fuel component. SANDBERG teaches that Jet A and Jet A-1 fuels have standards such as existent gum content of less than 7 mg/100ml.
SANDBERG further teaches that a diesel range fuel component that may be used along with the aviation range component and meet the Jet A or Jet A-1 standards comprise a total amount of paraffins present of isoparaffin amount of 80-95 vol% with the balance being to n-paraffin.
MYLLYOJA (US 8278492) teach a process for the manufacture of diesel range hydrocarbons and teach that when fresh feed is used, that crude plant oil, or animal fat may be degummed
Removal of phospholipids and metals is taught to be beneficial as phospholipids may be harmful to catalysts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MING CHEUNG PO whose telephone number is (571)270-5552. The examiner can normally be reached M-F 10-6.
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/MING CHEUNG PO/ Examiner, Art Unit 1771
/ELLEN M MCAVOY/ Primary Examiner, Art Unit 1771
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