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 .
Response to Amendment
Examiner acknowledges Applicant’s response filed 11 December 2025 containing remarks and amendments to the claims.
Claims 1-20 are pending.
The previous rejections have been updated as necessitated by amendments to the claims. The updated rejections follow.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1-20, it is not clear what is meant by “a first relation characterizes a depth of carburized portion in dependence of time and further in dependence of a growth parameter”. Further, it is not clear if the “referenced carburized portion values” are referring to the “first relation” or something else.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) numerous “determining” steps as well as “a first relation characterizes a depth of carburized portion in dependence of time and further in dependence of a growth parameter”. It is unclear what the “determining steps” or “relation” comprise, but it appears that the “determining” and “relation” involve mathematical calculations. This judicial exception is not integrated into a practical application because no steps are performed after the “determining” or “relation” that would integrate the “determining” or “relation” into the process. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the determining does not contribute any steps over the prior art elements. Iliyas (US 2017/0101586) – teaches a steam cracking furnace where coking (carburization) is determined, and utilized to adjust the steam cracking furnace operation [0040].
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Iliyas (US 2017/0101586).
Regarding claims 1-11 and 15-20, Iliyas teaches a process for steam cracking ethane, propane, naphtha feedstocks [0042]. Iliyas teaches determining the coking inside the furnace tubes using a coking (carburization) model so that the furnace may be adjusted in response to the coking rate [0040]. Iliyas teaches that temperature and pressure are impacted by the coking [0040]. Iliyas teaches using sensors to measure and obtain data [0049], Iliyas teaches a model to calculate the coking rate [0052-0058], and adjusting operating of the furnace in response [0059-0060].
Examiner notes that due to the 112 issues discussed above, it is unclear what exactly the claims cover, and if they entail further limitations.
However, it would have been obvious to the person having ordinary skill in the art to have applied appropriate modeling techniques and optimization, as disclosed by Iliyas, in order to appropriately determining the coking behavior of the steam cracking process, so appropriate adjustments may be performed, in order to obtain the desired products and yields. It is further expected that the same or similar results would be achieved, since Iliyas teaches the same steam cracking of methane/ethane as claimed.
Regarding claims 12-14, Iliyas teaches using a computer program, a computer readable storage medium, etc to perform the steps [0036].
Response to Arguments
Applicant's arguments filed 11 December 2025 have been fully considered but they are not persuasive.
Examiner considers Applicant’s arguments to be:
The claims have been amended to “measuring” instead of determining.
Carburization differs from coking.
Regarding Applicant’s first argument¸ Examiner notes that the amended claims still comprise “determining” steps. Further, the claim language regarding “a first relation characterizes a depth of carburized portion in dependence of time and further in dependence of a growth parameter” appears to be a calculation step.
Regarding Applicant’s second argument, Examiner notes that coking would result in carburization. Further, Iliyas teaches steam cracking of methane (carbon containing gas), which would result in the same carburization as claimed. It is not seen where Applicant has distinguished the claim language in this regard.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE STEIN whose telephone number is (571)270-1680. The examiner can normally be reached Monday-Friday 8:30 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem C Singh can be reached at 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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/MICHELLE STEIN/Primary Examiner, Art Unit 1771