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 18/635007 application originally filed April 15, 2024.
Claims 1-15, filed April 15, 2024, are pending and have been fully considered. Claims 13-15 are withdrawn from consideration due to being drawn to a nonelected invention.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-12 in the reply filed on February 11, 2026 is acknowledged.
Claims 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 11, 2026.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 18/629942. Although the claims at issue are not identical, they are not patentably distinct from each other because the present invention and co-pending application overlap in the process of producing refined hydrocarbons from waste plastics.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,152,200. Although the claims at issue are not identical, they are not patentably distinct from each other because while the distillation step occurs in the independent claim of the patent, this step occurs in a dependent claim in the present invention.
Allowable Subject Matter
Claims 1-12 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The present invention is allowable over the applied prior art of record, references cited on the submitted IDS and references listed on the PTO-892 because the teachings of the references taken as a whole do not show or render obvious over the combination set forth s method for producing refined hydrocarbons from waste plastics, the method comprising: pretreating waste plastics; producing pyrolysis gas by introducing the waste plastics pretreated in the pretreatment process into a pyrolysis reactor; producing in a lightening process a pyrolysis oil by introducing the pyrolysis gas into a hot filter; and isomerizing the pyrolysis oil, wherein a liquid condensed in the hot filter is reintroduced into the pyrolysis reactor, as presently claimed in independent claim 1 of the present invention.
The closest art to the presently claimed invention includes Narayanaswamy et al. (US 2019/0161683) discloses in paragraph 0001, the production of hydrocarbon streams from mixed plastics via processes which include pyrolysis, hydroprocessing, hydrodealkylation, and steam cracking, wherein mono-ring aromatics in the C6-C8 range and light gas olefins are the preferred products; Kim (WO 2019/004560 A1) discloses in the abstract, an apparatus for recycling a plastic mixture containing polyvinyl chloride, and a method for recycling a plastic mixture containing polyvinyl chloride by using the same. The apparatus, which is one aspect of the present invention, primarily performs pyrolysis through an auger reactor and a fluidized bed reactor and then, finally, performs filtering by means of a high-temperature filter filled with calcium oxide, and as a result, can prepare, from waste plastic, a pyrolysis oil, which has a low chlorine content, is free from wax and has a high aromatic compound content; and Jeon et al. (US 2022/0372383) discloses in paragraph 0011, a method of preparing a solvent composition from a waste oil includes the steps of: (a) reacting at least a part of a waste oil having a boiling point of 180 to 340° C. to remove impurities; and (b) hydroisomerizing the waste oil from which the impurities have been removed, wherein the hydroisomerized waste oil includes 5 to 40 wt % of isoparaffins with respect to a total weight.
The closest art references disclose producing hydrocarbons from pretreating waste plastics, producing pyrolysis gas from the pretreated waste plastics in a pyrolysis reactor and isomerizing pyrolysis oil. However, the closest art reference(s) alone and/or in combination fails to teach or suggest the method step of introducing produced pyrolysis gas into a hot filter to produce a pyrolysis oil that is further isomerized.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li et al. (US 2023/0357644) discloses in the abstract, a method and system for pretreating waste plastics and a method and system for producing an automotive fuel from waste plastics are provided. The method for pretreating waste plastics includes the steps of: 1) contacting a waste plastic with a pretreating agent and a solvent oil for impurity removal; and 2) subjecting the effluent from step 1) to solid-liquid separation to obtain an insoluble material and an impurity-removed plastic-containing solution.
Gephart et al. (US 2015/0080624) a process and apparatus for producing hydrocarbon oil from the thermal decomposition of waste plastics in a continuous process which comprises melting of a waste plastic feedstock into an auger assisted melt reactor to remove chlorine and organics contained in the waste plastic, and transferring the melted waste plastic into an heated screw pyrolysis reactor which includes a transitional metal heat transfer medium.
Schaaf et al. (WO 2014/040634 A1) discloses on page 1, a method for recycling plastic wastes which contain at least 80 wt-% of polymethyl methacrylate, polypropylene, polyethylene, polystyrene, polyethylene, polyethylene terephthalate, polytetrafluoroethylene or mixtures thereof, and to a plant for carrying out the method. In modern industrial society, plastics play an important role and above all can be found in packaging materials.
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 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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/Latosha Hines/Primary Examiner, Art Unit 1771