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 amendments filed 11/12/25 overcome the rejections set forth under 35 USC 112 in the office action mailed 6/11/25. The rejection set forth under 35 USC 102 is maintained below.
Claim Rejections - 35 USC § 102
Claims 1-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gallo (U.S. Pat. No. 5,143,633).
In column 1 lines 10-12, Gallo discloses overbased additives for lubricant oils containing an organic molybdenum complex virtually insoluble in hydrocarbons. In column 4 lines 6-14 Gallo discloses a process for the preparation of overbased additives by carbonating a mixture containing a detergent or a detergent precursor and a promoter which can be a nitrogen-containing promoter. In column 4 lines 15-19 Gallo discloses that suitable detergents include salicylates (hydroxybenzoates) and phosphonates, as recited in claim 1. Claim 1 is therefore anticipated by Gallo.
In column 6 lines 25-32 and Example 9 (column 10 lines 12-23) Gallo discloses that the components can be mixed in the presence of carbon dioxide (CO2), as recited in claim 2. In column 4 lines In column 5 lines 3-9 and column 6 lines 3-6 Gallo discloses that an excess of metal base is included during the mixing, meeting the limitations of claim 3-4 since it will neutralize the precursor acid. From column 4 line 67 through column 5 line 2 Gallo discloses that the detergent precursors can be neutralized prior to carbonation, meeting the limitations of claim 9. The metal based used in the examples is slaked lime, which is Ca(OH)2 as recited in claim 5. In column 5 lines 20-29 Gallo discloses that the nitrogen-containing promoter can be hydrocarbyl or alkylated amines, ethylenediamine, ethanolamine, or diethanolamine, meeting the limitations of claims 6-7. In column 4 lines 53-56 Gallo discloses that the salicylate is derived from alkyl hydroxy benzoic acid (alkylsalicylic acid), meeting the limitations of claim 8. Claims 2-9 are therefore also anticipated by Gallo.
Mixing the salicylate or phosphonate detergent with an amine-based promoter as discussed above meets the method limitations of claim 10. It is noted that aside from the salicylate and phosphonate detergents, Gallo also discloses in column 4 lines 15-19 that the detergent can be a sulfonate, as still recited in claim 10. Claims 11-18 are analogous to claims 2-9 and therefore anticipated by Gallo for the same reasons as discussed above.
In column 6 lines 58-62 Gallo discloses that the overbased additives are incorporated into lubricant oils in a minor amount, leaving a major amount for the lubricant oils, meeting the limitations of claim 19, as well as claims 20-27 which are analogous to claims 2-9.
Response to Arguments
Applicant's arguments filed 11/12/25 have been fully considered but they are not persuasive. Applicant again argues that Gallo discloses amine-molybdenum complexes, which are ash containing. However, the claim recites “low ash” detergents, not ashless detergents. Gallo discloses detergents that are formed by reacting a detergent or detergent precursor with a nitrogen-containing promoter, where the nitrogen-containing promoter is an ashless nitrogen-containing compound, as recited in claim 1, and can be the specific nitrogen-containing compounds recited in the dependent claims. The application does not provide a definition of “low ash” that would further distinguish the claims over Gallo. Furthermore, the amine in the amine-molybdenum complexes of Gallo is separate from the amine of the nitrogen-containing promoter of Gallo. As explained in paragraph 18 of the specification and reinforced in applicant’s own remarks, the nitrogen-containing promoters used in the claimed process contribute basicity without increasing ash content. Applicant’s arguments are therefore not persuasive.
Conclusion
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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/JAMES C GOLOBOY/Primary Examiner, Art Unit 1771